As Introduced
136th General Assembly
Regular Session H. B. No. 233
2025-2026
Representatives LaRe, Swearingen
Cosponsors: Representatives Miller, K., Robb Blasdel, Williams, Newman,
Stephens, Fischer, Click, Gross
To amend sections 303.12, 303.59, 307.94, 3501.01,
3501.38, 3501.381, 3501.39, 3503.13 , 3503.14,
3503.15, 3503.151, 3503.152, 3503.153 , 3503.16,
3503.19, 3503.20, 3503.21, 3503.33, 3505.181,
3505.182, 3505.183, 3505.20 , 3509.02, 3509.03,
3509.04, 3509.05, 3509.051, 3509.06, 3509.07,
3509.08, 3509.09, 3511.02, 3511.04, 3511.05,
3511.09, 3511.11, 3511.14 , 3513.07, 3513.261,
3517.01, 3517.12, 3519.02, 3519.05, 3519.16 ,
3599.12, and 3599.21 and to enact sections
3503.201, 3503.202, and 3511.052 of the Revised
Code to require verification of an elector's
citizenship before the elector may vote and to
modify procedures regarding voter registration,
voter roll maintenance, absent voting, and
election petitions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 303.12, 303.59, 307.94, 3501.01,
3501.38, 3501.381, 3501.39, 3503.13 , 3503.14, 3503.15, 3503.151,
3503.152, 3503.153, 3503.16, 3503.19, 3503.20 , 3503.21, 3503.33,
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3505.181, 3505.182, 3505.183, 3505.20 , 3509.02, 3509.03,
3509.04, 3509.05, 3509.051, 3509.06, 3509.07, 3509.08, 3509.09 ,
3511.02, 3511.04, 3511.05, 3511.09, 3511.11, 3511.14 , 3513.07,
3513.261, 3517.01, 3517.12, 3519.02, 3519.05, 3519.16 , 3599.12,
and 3599.21 be amended and sections 3503.201, 3503.202, and
3511.052 of the Revised Code be enacted to read as follows:
Sec. 303.12. (A)(1) Amendments to the zoning resolution
may be initiated by motion of the county rural zoning
commission, by the passage of a resolution by the board of
county commissioners, or by the filing of an application by one
or more of the owners or lessees of property within the area
proposed to be changed or affected by the proposed amendment
with the county rural zoning commission. The board of county
commissioners may require that the owner or lessee of property
filing an application to amend the zoning resolution pay a fee
to defray the cost of advertising, mailing, filing with the
county recorder, and other expenses. If the board of county
commissioners requires such a fee, it shall be required
generally, for each application. The board of county
commissioners, upon the passage of such a resolution, shall
certify it to the county rural zoning commission.
(2) Upon the adoption of a motion by the county rural
zoning commission, the certification of a resolution by the
board of county commissioners to the commission, or the filing
of an application by property owners or lessees as described in
division (A)(1) of this section with the commission, the
commission shall set a date for a public hearing, which date
shall not be less than twenty nor more than forty days from the
date of adoption of such a motion, the date of the certification
of such a resolution, or the date of the filing of such an
application. Notice of the hearing shall be given by the
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commission by one publication at least ten days before the date
of the hearing, using at least one of the following methods:
(a) In the print or digital edition of one or more
newspapers of general circulation in each township affected by
the proposed amendment;
(b) On the official public notice web site established
under section 125.182 of the Revised Code;
(c) On the web site and social media account of the
county.
(B) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land, as listed on the county
auditor's current tax list, written notice of the hearing shall
be mailed by the county rural zoning commission, by first class
mail, at least ten days before the date of the public hearing to
all owners of property within and contiguous to and directly
across the street from the area proposed to be rezoned or
redistricted to the addresses of those owners appearing on the
county auditor's current tax list. The failure of delivery of
that notice shall not invalidate any such amendment.
(C) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published and mailed notices
shall set forth the time, date, and place of the public hearing
and include all of the following:
(1) The name of the county rural zoning commission that
will be conducting the hearing;
(2) A statement indicating that the motion, resolution, or
application is an amendment to the zoning resolution;
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(3) A list of the addresses of all properties to be
rezoned or redistricted by the proposed amendment and of the
names of owners of these properties, as they appear on the
county auditor's current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, resolution, or
application proposing to amend the zoning resolution will be
available for examination for a period of at least ten days
prior to the hearing;
(6) The name of the person responsible for giving notice
of the public hearing by publication, by mail, or by both
publication and mail;
(7) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of county
commissioners for its action;
(8) Any other information requested by the commission.
(D) If the proposed amendment alters the text of the
zoning resolution, or rezones or redistricts more than ten
parcels of land as listed on the county auditor's current tax
list, the published notice shall set forth the time, date, and
place of the public hearing and include all of the following:
(1) The name of the county rural zoning commission that
will be conducting the hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
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proposed amendment will be available for examination for a
period of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice
of the hearing by publication;
(5) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of county
commissioners for its action;
(6) Any other information requested by the commission.
Hearings shall be held in the county court house or in a
public place designated by the commission.
(E) Within five days after the adoption of the motion
described in division (A) of this section, the certification of
the resolution described in division (A) of this section, or the
filing of the application described in division (A) of this
section, the county rural zoning commission shall transmit a
copy of it together with text and map pertaining to it to the
county or regional planning commission, if there is such a
commission.
The county or regional planning commission shall recommend
the approval or denial of the proposed amendment or the approval
of some modification of it and shall submit its recommendation
to the county rural zoning commission. The recommendation shall
be considered at the public hearing held by the county rural
zoning commission on the proposed amendment.
The county rural zoning commission, within thirty days
after the hearing, shall recommend the approval or denial of the
proposed amendment, or the approval of some modification of it,
and shall submit that recommendation together with the motion,
application, or resolution involved, the text and map pertaining
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to the proposed amendment, and the recommendation of the county
or regional planning commission on it to the board of county
commissioners.
The board of county commissioners, upon receipt of that
recommendation, shall set a time for a public hearing on the
proposed amendment, which date shall be not more than thirty
days from the date of the receipt of that recommendation. Notice
of the hearing shall be given by the board by one publication at
least ten days before the date of the hearing, using at least
one of the following methods:
(1) In the print or digital edition of one or more
newspapers of general circulation in the county;
(2) On the official public notice web site established
under section 125.182 of the Revised Code;
(3) On the web site and social media account of the
county.
(F) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published notice shall set forth
the time, date, and place of the public hearing and include all
of the following:
(1) The name of the board of county commissioners that
will be conducting the hearing;
(2) A statement indicating that the motion, application,
or resolution is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned or redistricted by the proposed amendment and of the
names of owners of those properties, as they appear on the
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county auditor's current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, application, or
resolution proposing to amend the zoning resolution will be
available for examination for a period of at least ten days
prior to the hearing;
(6) The name of the person responsible for giving notice
of the hearing by publication, by mail, or by both publication
and mail;
(7) Any other information requested by the board.
(G) If the proposed amendment alters the text of the
zoning resolution, or rezones or redistricts more than ten
parcels of land as listed on the county auditor's current tax
list, the published notice shall set forth the time, date, and
place of the public hearing and include all of the following:
(1) The name of the board of county commissioners that
will be conducting the hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a
period of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice
of the hearing by publication;
(5) Any other information requested by the board.
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(H) Within twenty days after its public hearing, the board
of county commissioners shall either adopt or deny the
recommendation of the county rural zoning commission or adopt
some modification of it. If the board denies or modifies the
commission's recommendation, a majority vote of the board shall
be required.
The proposed amendment, if adopted by the board, shall
become effective in thirty days after the date of its adoption,
unless, within thirty days after the adoption, there is
presented to the board of county commissioners a petition,
signed by a number of qualified voters residing in the
unincorporated area of the township or part of that
unincorporated area included in the zoning plan equal to not
less than eight per cent of the total vote cast for all
candidates for governor in that area at the most recent general
election at which a governor was elected, requesting the board
to submit the amendment to the electors of that area for
approval or rejection at a special election to be held on the
day of the next primary or general election occurring at least
ninety days after the petition is submitted. Each part of this
petition shall contain the number and the full and correct
title, if any, of the zoning amendment resolution, motion, or
application, furnishing the name by which the amendment is known
and a brief summary of its contents. In addition to meeting the
requirements of this section, each petition shall be governed by
the rules specified in section 3501.38 of the Revised Code.
The form of a petition calling for a zoning referendum and
the statement of the circulator shall be substantially as
follows:
"PETITION FOR ZONING REFERENDUM
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(if the proposal is identified by a particular name or number,
or both, these should be inserted here) ________________________
A proposal to amend the zoning map of the unincorporated
area of ______________ Township, ___________________ County,
Ohio, adopted _______ (date) __________ (followed by brief
summary of the proposal).
To the Board of County Commissioners of __________________
County, Ohio:
We, the undersigned, being electors residing in the
unincorporated area of _______________ Township, included within
the _________________ County Zoning Plan, equal to not less than
eight per cent of the total vote cast for all candidates for
governor in the area at the preceding general election at which
a governor was elected, request the Board of County
Commissioners to submit this amendment of the zoning resolution
to the electors of _____________ Township residing within the
unincorporated area of the township included in the
_______________ County Zoning Resolution, for approval or
rejection at a special election to be held on the day of the
next primary or general election to be held on
________(date)_______, pursuant to section 303.12 of the Revised
Code.
Street Address Date of
Signature or R.F.D. Township Precinct County Signing
_______________________________________________________________
_______________________________________________________________
STATEMENT OF CIRCULATOR
I, _____________________(name of circulator)___________________,
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declare under penalty of election falsification that I am an
elector of the state of Ohio and reside at the address appearing
below my signature; that I am the circulator of the foregoing
part petition containing _____(number)_______ signatures; that I
have witnessed the affixing of every signature; that all signers
were to the best of my knowledge and belief qualified to sign;
and that every signature is to the best of my knowledge and
belief the signature of the person whose signature it purports
to be or of an attorney in fact acting pursuant to section
3501.382 of the Revised Code. (The circulator shall personally
write the number of electors whose signatures the petition paper
contains.)
For the purposes of any proceeding related to this
petition, I submit to the jurisdiction of the courts of the
State of Ohio, the Ohio Secretary of State, and the board of
elections of the county in which I have circulated this
petition. I understand that I may be required to testify or to
produce evidence in such a proceeding. I agree to receive any
service of process at the residence address I have provided.
I am compensated to circulate this petition by
_______________________ (name and address). (The circulator
shall complete the preceding sentence as required by section
3501.38 of the Revised Code if the circulator is being
compensated to circulate the petition.)
_____________________________
(Signature of circulator)
_____________________________
- (Address of circulator's
- permanent residence in this
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As Introduced
- state)
_____________________________
(City, village, or township,
- and zip code)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE."
No amendment for which such a referendum vote has been
requested shall be put into effect unless a majority of the vote
cast on the issue is in favor of the amendment. Upon
certification by the board of elections that the amendment has
been approved by the voters, it shall take immediate effect.
Within five working days after an amendment's effective
date, the board of county commissioners shall file the text and
maps of the amendment in the office of the county recorder and
with the regional or county planning commission, if one exists.
The failure to file any amendment, or any text and maps,
or duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the amendment and
is not grounds for an appeal of any decision of the board of
zoning appeals.
Sec. 303.59. A resolution designating a restricted area
prohibiting the construction of utility facilities, if adopted
by the board of county commissioners, becomes effective thirty
days after the date of its adoption, unless, within thirty days
after the adoption, there is presented to the board of county
commissioners a petition, signed by a number of registered
electors residing in the county equal to not less than eight per
cent of the total vote cast for all candidates for governor in
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that county at the most recent general election at which a
governor was elected, requesting the board of county
commissioners to submit the resolution to the electors of that
county for approval or rejection at a special election to be
held on the day of the next primary or general election that
occurs at least one hundred twenty days after the petition is
filed. Each part petition shall contain the number and the full
and correct title, if any, of the resolution, motion, or
application, furnishing the name by which the resolution is
known and a brief summary of its contents. In addition to
meeting the requirements of this section, each petition shall be
governed by the rules specified in section 3501.38 of the
Revised Code.
The form of a petition calling for a referendum on the
designation of a restricted area and the statement of the
circulator shall be substantially as follows:
"PETITION FOR REFERENDUM ON THE DESIGNATION OF A
RESTRICTED AREA PROHIBITING THE CONSTRUCTION OF UTILITY
FACILITIES
(if the proposal is identified by a particular name or
number, or both, these should be inserted here)__________
A proposal to designate a restricted area prohibiting the
construction of utility facilities in the unincorporated area of
__________ county, Ohio, adopted __________(date) (followed by
brief summary of the resolution).
To the board of county commissioners of __________ county,
Ohio:
We, the undersigned, being electors residing in
__________county, equal to not less than eight per cent of the
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total vote cast for all candidates for governor in the county at
the preceding general election at which a governor was elected,
request the board of county commissioners to submit this
designation of a restricted area to the electors of __________
county, for approval or rejection at a special election to be
held on the day of the primary or general election to be held on
__________ (date), pursuant to section 303.59 of the Revised
Code.
__________ Signature
__________ Residence address
__________ Date of signing
STATEMENT OF CIRCULATOR
I, __________ (name of circulator), declare under penalty
of election falsification that I reside at the address appearing
below my signature; that I am the circulator of the foregoing
part petition containing __________ (number) signatures; that I
have witnessed the affixing of every signature; that all signers
were to the best of my knowledge and belief qualified to sign;
and that every signature is to the best of my knowledge and
belief the signature of the person whose signature it purports
to be or of an attorney in fact acting pursuant to section
3501.382 of the Revised Code. (The circulator shall personally
write the number of electors whose signatures the petition paper
contains.)
For the purposes of any proceeding related to this
petition, I submit to the jurisdiction of the courts of the
State of Ohio, the Ohio Secretary of State, and the board of
elections of the county in which I have circulated this
petition. I understand that I may be required to testify or to
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As Introduced
produce evidence in such a proceeding. I agree to receive any
service of process at the residence address I have provided.
I am compensated to circulate this petition by
_______________________ (name and address). (The circulator
shall complete the preceding sentence as required by section
3501.38 of the Revised Code if the circulator is being
compensated to circulate the petition.)
__________ (Signature of circulator)
__________ (Circulator's residence address)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE."
The petition shall be filed with the board of county
commissioners. Within two weeks after receiving a petition filed
under this section, the board of county commissioners shall
certify the petition to the board of elections. A petition filed
under this section shall be certified to the board of elections
not less than ninety days prior to the election at which the
question is to be voted upon.
The board of elections shall determine the sufficiency and
validity of each petition certified to it by a board of county
commissioners under this section. If the board of elections
determines that a petition is sufficient and valid, the question
shall be voted upon at a special election to be held on the day
of the next primary or general election that occurs at least one
hundred twenty days after the date the petition is filed with
the board of county commissioners, regardless of whether any
election will be held to nominate or elect candidates on that
day.
No resolution designating a restricted area for which such
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a referendum vote has been requested shall be put into effect
unless a majority of the vote cast on the issue is in favor of
the resolution. Upon certification by the board of elections
that the resolution has been approved by the voters, it shall
take immediate effect.
Within five working days after the resolution's effective
date, the board of county commissioners shall file the text of
the resolution and maps of the restricted area in the office of
the county recorder and with the county or regional planning
commission, if one exists.
The failure to file any resolution, or any text and maps,
or duplicates of any of these documents, with the office of the
county recorder as required by this section does not invalidate
the resolution.
Sec. 307.94. Electors of a county, equal in number to ten
per cent of the number who voted for governor in the county at
the most recent gubernatorial election, may file, not later than
one hundred fifteen days before the date of a general election,
a petition with the board of county commissioners asking that
the question of the adoption of a county charter in the form
attached to the petition be submitted to the electors of the
county. The petition shall be available for public inspection at
the offices of the county commissioners during regular business
hours until four p.m. of the one hundred eleventh day before the
election, at which time the board shall, by resolution, certify
the petition to the board of elections of the county for
submission to the electors of the county, unless the signatures
are insufficient or the petitions otherwise invalid, at the next
general election.
Such electors may, in the alternative not later than the
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one hundred thirtieth day before the date of a general election,
file such a petition with the board of elections of the county.
In such case the board of elections shall immediately proceed to
determine whether the petition and the signatures on the
petition meet the requirements of law and to count the number of
valid signatures and to note opposite each invalid signature the
reason for the invalidity. The board of elections shall complete
its examination of the petition and the signatures and shall
submit a report to the board of county commissioners not later
than the one hundred twentieth day before the date of the
general election certifying whether the petition is valid or
invalid and, if invalid, the reasons for invalidity, whether
there are sufficient valid signatures, and the number of valid
and invalid signatures. The petition and a copy of the report to
the board of county commissioners shall be available for public
inspection at the board of elections. If the petition is
certified by the board of elections to be valid and to have
sufficient valid signatures, the board of county commissioners
shall forthwith and not later than four p.m. on the one hundred
eleventh day before the general election, by resolution, certify
the petition to the board of elections for submission to the
electors of the county at the next general election. If the
petition is certified by the board of elections to be invalid or
to have insufficient valid signatures, or both, the petitioners'
committee may protest such findings or solicit additional
signatures as provided in section 307.95 of the Revised Code, or
both, or request that the board of elections proceed to
establish the validity or invalidity of the petition and the
sufficiency or insufficiency of the signatures in an action
before the court of common pleas in the county. Such action must
be brought within three days after the request has been made,
and the case shall be heard forthwith by a judge or such court
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As Introduced
whose decision shall be certified to the board of elections and
to the board of county commissioners in sufficient time to
permit the board of county commissioners to perform its duty to
certify the petition, if it is determined by the court to be
valid and contain sufficient valid signatures, to the board of
elections not later than four p.m. on the one hundred eleventh
day prior to the general election for submission to the electors
at such general election.
A county charter to be submitted to the voters by petition
shall be considered to be attached to the petition if it is
printed as a part of the petition. A county charter petition may
consist of any number of separate petition papers. Each part
shall have attached a copy of the charter to be submitted to the
electors, and each part shall otherwise meet all the
requirements of law for a county charter petition. Section
3501.38 of the Revised Code applies to county charter petitions.
The petitioners shall designate in the petition the names
and addresses of a committee of not fewer than three nor more
than five persons who will represent them in all matters
relating to the petition. Notice of all matters or proceedings
pertaining to such petitions may be served on the committee, or
any of them committee's agent designated under division (N)(1)
of section 3501.38 of the Revised Code , either personally or by
certified mail, or by leaving it at the agent's usual place of
residence of each of them.
Sec. 3501.01. As used in the sections of the Revised Code
relating to elections and political communications:
(A) "General election" means the election held on the
first Tuesday after the first Monday in each November.
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(B) "Regular municipal election" means the election held
on the first Tuesday after the first Monday in November in each
odd-numbered year.
(C) "Regular state election" means the election held on
the first Tuesday after the first Monday in November in each
even-numbered year.
(D) "Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first
Monday in May or November, on the first Tuesday after the first
Monday in August in accordance with section 3501.022 of the
Revised Code, or on the day authorized by a particular municipal
or county charter for the holding of a primary election, except
that in any year in which a presidential primary election is
held, no special election shall be held in May, except as
authorized by a municipal or county charter, but may be held on
the third Tuesday after the first Monday in March.
(E)(1) "Primary" or "primary election" means an election
held for the purpose of nominating persons as candidates of
political parties for election to offices, and for the purpose
of electing persons as members of the controlling committees of
political parties and as delegates and alternates to the
conventions of political parties. Primary elections shall be
held on the first Tuesday after the first Monday in May of each
year except in years in which a presidential primary election is
held.
(2) "Presidential primary election" means a primary
election as defined by division (E)(1) of this section at which
an election is held for the purpose of choosing delegates and
alternates to the national conventions of the major political
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parties pursuant to section 3513.12 of the Revised Code. Unless
otherwise specified, presidential primary elections are included
in references to primary elections. In years in which a
presidential primary election is held, all primary elections
shall be held on the third Tuesday after the first Monday in
March except as otherwise authorized by a municipal or county
charter.
(F) "Political party" means any group of voters meeting
the requirements set forth in section 3517.01 of the Revised
Code for the formation and existence of a political party.
(1) "Major political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received not less
than twenty per cent of the total vote cast for such office at
the most recent regular state election.
(2) "Minor political party" means any political party
organized under the laws of this state that meets either of the
following requirements:
(a) Except as otherwise provided in this division, the
political party's candidate for governor or nominees for
presidential electors received less than twenty per cent but not
less than three per cent of the total vote cast for such office
at the most recent regular state election. A political party
that meets the requirements of this division remains a political
party for a period of four years after meeting those
requirements.
(b) The political party has filed with the secretary of
state, subsequent to its failure to meet the requirements of
division (F)(2)(a) of this section, a petition that meets the
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requirements of section 3517.01 of the Revised Code.
A newly formed political party shall be known as a minor
political party until the time of the first election for
governor or president which occurs not less than twelve months
subsequent to the formation of such party, after which election
the status of such party shall be determined by the vote for the
office of governor or president.
(G) "Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most recent
regular state election at which a governor was elected received
more votes than any other person received for election to that
office in such precinct at such election.
(H) "Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement
on the official ballot of a primary, general, or special
election to be held in this state, or any qualified person who
claims to be a write-in candidate, or who knowingly assents to
being represented as a write-in candidate by another at either a
primary, general, or special election to be held in this state.
(I) "Independent candidate" means any candidate who claims
not to be affiliated with a political party, and whose name has
been certified on the office-type ballot at a general or special
election through the filing of a statement of candidacy and
nominating petition, as prescribed in section 3513.257 of the
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name
is required, pursuant to section 3505.04 of the Revised Code, to
be listed on the nonpartisan ballot, including all candidates
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for judge of a municipal court, county court, or court of common
pleas, for member of any board of education, for municipal or
township offices in which primary elections are not held for
nominating candidates by political parties, and for offices of
municipal corporations having charters that provide for separate
ballots for elections for these offices.
(K) "Party candidate" means any candidate who claims to be
a member of a political party and who has been certified to
appear on the office-type ballot at a general or special
election as the nominee of a political party because the
candidate has won the primary election of the candidate's party
for the public office the candidate seeks, has been nominated
under section 3517.012, or is selected by party committee in
accordance with section 3513.31 of the Revised Code.
(L) "Officer of a political party" includes, but is not
limited to, any member, elected or appointed, of a controlling
committee, whether representing the territory of the state, a
district therein, a county, township, a city, a ward, a
precinct, or other territory, of a major or minor political
party.
(M) "Question or issue" means any question or issue
certified in accordance with the Revised Code for placement on
an official ballot at a general or special election to be held
in this state.
(N) "Elector" or "qualified elector" means a person having
the qualifications provided by law to be entitled to vote.
(O) "Voter" means an elector who votes at an election.
(P) "Voting residence" means that place of residence of an
elector which shall determine the precinct in which the elector
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may vote.
(Q) "Precinct" means a district within a county
established by the board of elections of such county within
which all qualified electors having a voting residence therein
may vote at the same polling place.
(R) "Polling place" means that place provided for each
precinct at which the electors having a voting residence in such
precinct may vote.
(S) "Board" or "board of elections" means the board of
elections appointed in a county pursuant to section 3501.06 of
the Revised Code.
(T) "Political subdivision" means a county, township,
city, village, or school district.
(U) "Election officer" or "election official" means any of
the following:
(1) Secretary of state;
(2) Employees of the secretary of state serving the
division of elections in the capacity of attorney,
administrative officer, administrative assistant, elections
administrator, office manager, or clerical supervisor;
(3) Director of a board of elections;
(4) Deputy director of a board of elections;
(5) Member of a board of elections;
(6) Employees of a board of elections;
(7) Precinct election officials;
(8) Employees appointed by the boards of elections on a
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temporary or part-time basis.
(V) "Acknowledgment notice" means a notice sent by a board
of elections, on a form prescribed by the secretary of state,
informing a voter registration applicant or an applicant who
wishes to change the applicant's residence or name of the status
of the application; the information necessary to complete or
update the application, if any; and if the application is
complete, the precinct in which the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board
of elections, on a form prescribed by the secretary of state, to
a registered elector to confirm the registered elector's current
address, name, or other information required for registration .
The notice shall be sent by forwardable mail, shall be
accompanied by a postage prepaid, preaddressed return envelope
containing a form on which the elector may verify or correct the
elector's registration, and shall meet the requirements of the
National Voter Registration Act of 1993.
(X) "Designated agency" means an office or agency in the
state that provides public assistance or that provides state-
funded programs primarily engaged in providing services to
persons with disabilities and that is required by the National
Voter Registration Act of 1993 to implement a program designed
and administered by the secretary of state for registering
voters, or any other public or government office or agency that
implements a program designed and administered by the secretary
of state for registering voters, including the department of job
and family services, the program administered under section
3701.132 of the Revised Code by the department of health, the
department of mental health and addiction services, the
department of developmental disabilities, the opportunities for
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Ohioans with disabilities agency, and any other agency the
secretary of state designates. "Designated agency" does not
include public high schools and vocational schools, public
libraries, or the office of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the
"National Voter Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA)(1) "Photo identification" means one of the following
documents that includes the individual's name and photograph and
is not expired:
(a) An Ohio driver's license, state identification card,
or interim identification form issued by the registrar of motor
vehicles or a deputy registrar under Chapter 4506. or 4507. of
the Revised Code;
(b) A United States passport or passport card;
(c) A United States military identification card, Ohio
national guard identification card, or United States department
of veterans affairs identification card.
(2) A "copy" of an individual's photo identification means
images of both the front and back of a document described in
division (AA)(1) of this section, except that if the document is
a United States passport, a copy of the photo identification
means an image of the passport's identification page that
includes the individual's name, photograph, and other
identifying information and the passport's expiration date.
(BB) "Driver's license" means a license or permit issued
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by the registrar or a deputy registrar under Chapter 4506. or
4507. of the Revised Code that authorizes an individual to
drive. "Driver's license" includes a driver's license,
commercial driver's license, probationary license, restricted
license, motorcycle operator's license, or temporary instruction
permit identification card. "Driver's license" does not include
a limited term license issued under section 4507.09 of the
Revised Code.
(CC) "State identification card" means a card issued by
the registrar or a deputy registrar under sections 4507.50 to
4507.52 of the Revised Code.
(DD) "Interim identification form" means the document
issued by the registrar or a deputy registrar to an applicant
for a driver's license or state identification card that
contains all of the information otherwise found on the license
or card and that an applicant may use as a form of
identification until the physical license or card arrives in the
mail.
(EE)(1) "Proof of citizenship" means evidence that an
individual is a United States citizen, in the form of one of the
following:
(a) The number of the individual's current or expired Ohio
driver's license or state identification card, if the secretary
of state verifies using information obtained from the bureau of
motor vehicles that the individual has submitted documentation
to the bureau that indicates that the individual is a United
States citizen;
(b) The individual's current or expired Ohio driver's
license, state identification card, or interim identification
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form issued on or after April 7, 2023, or a copy of the front
and back of that license, card, or form, if the license, card,
or form does not include a notation designating that the
individual is a noncitizen of the United States;
(c) The individual's current or expired driver's license
or nondriver identification card issued by another state within
the United States, or a copy of the front and back of the
license or card, if the issuing agency indicates on the license
or card that the individual is a United States citizen;
(d) The individual's birth certificate, certification of
report of birth, or consular report of birth abroad, or a copy
of one of those documents;
(e) The individual's current or expired United States
passport or passport card, a copy of the identification page of
the passport, or a copy of the front and back of the passport
card;
(f) The individual's certificate of naturalization or
certificate of citizenship or a copy of one of those documents.
(2) If an individual's current legal name is different
from the name on the individual's proof of citizenship, the
individual also shall provide proof of the change of name, such
as a copy of a marriage license or court order.
Sec. 3501.38. All declarations of candidacy, nominating
petitions, or other petitions presented to or filed with the
secretary of state or a board of elections or with any other
public office for the purpose of becoming a candidate for any
nomination or office or for the holding of an election on any
issue shall, in addition to meeting the other specific
requirements prescribed in the sections of the Revised Code
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relating to them, be governed by the following rules:
(A) Only electors qualified to vote on the candidacy or
issue which is the subject of the petition shall sign a
petition. Each signer shall be a registered elector pursuant to
section 3503.01 of the Revised Code. The facts of qualification
shall be determined as of the date when the elector signs the
petition is filed.
(B) Signatures shall be affixed in ink. Each signer may
also print the signer's name, so as to clearly identify the
signer's signature.
(C) Each signer shall place on the petition after the
signer's name the date of signing and the location of the
signer's voting residence, including the street and number if in
a municipal corporation or the rural route number, post office
address, or township if outside a municipal corporation. The
voting address given on the petition shall be the address
appearing in the registration records at the board of elections.
(D) Except as otherwise provided in section 3501.382 of
the Revised Code, no person shall write any name other than the
person's own on any petition. Except as otherwise provided in
section 3501.382 of the Revised Code, no person may authorize
another to sign for the person. If a petition contains the
signature of an elector two or more times, only the first
signature shall be counted.
(E)(1) (E) On each petition paper, the circulator shall
personally indicate the number of signatures contained on it,
and shall sign a statement made under penalty of election
falsification that the includes all of the following:
(1) A statement that the circulator witnessed the affixing
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As Introduced
of every signature, that all signers were to the best of the
circulator's knowledge and belief qualified to sign, and that
every signature is to the best of the circulator's knowledge and
belief the signature of the person whose signature it purports
to be or of an attorney in fact acting pursuant to section
3501.382 of the Revised Code . On the circulator's statement for
a declaration of candidacy or nominating petition for a person
seeking to become a statewide candidate, for a statewide
initiative or a statewide referendum petition, or for a party
formation petition described in division (A)(1)(b) of section
3517.01 of the Revised Code, the circulator shall identify the ;
(2) The circulator's name, and the address of the
circulator's permanent residence , and the name and address of
the ;
(3) If any person employing is compensating the circulator
to circulate the petition, if any.
(2) As used in division (E) of this section, "statewide
candidate" means the joint candidates for the offices of
governor and lieutenant governor or a candidate for the office
of secretary of state, auditor of state, treasurer of state, or
attorney general. as described in division (C) of section
3501.381 of the Revised Code, the name and address of that
person;
(4) The following statement:
"For the purposes of any proceeding related to this
petition, I submit to the jurisdiction of the courts of the
State of Ohio, the Ohio Secretary of State, and the board of
elections of the county in which I have circulated this
petition. I understand that I may be required to testify or to
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As Introduced
produce evidence in such a proceeding. I agree to receive any
service of process at the residence address I have provided."
(F) Except as otherwise provided in section 3501.382 of
the Revised Code, if a circulator knowingly permits an
unqualified person to sign a petition paper or permits a person
to write a name other than the person's own on a petition paper,
that petition paper is invalid; otherwise, the signature of a
person not qualified to sign shall be rejected but shall not
invalidate the other valid signatures on the paper.
(G) The circulator of a petition may, before filing it in
a public office, strike from it any signature the circulator
does not wish to present as a part of the petition.
(H) Any signer of a petition or an attorney in fact acting
pursuant to section 3501.382 of the Revised Code on behalf of a
signer may remove the signer's signature from that petition at
any time before the petition is filed in a public office by
striking the signer's name from the petition; no signature may
be removed after the petition is filed in any public office.
(I)(1) No alterations, corrections, or additions may be
made to a petition after it is filed in a public office.
(2)(a) No declaration of candidacy, nominating petition,
or other petition for the purpose of becoming a candidate may be
withdrawn after it is filed in a public office. Nothing in this
division prohibits a person from withdrawing as a candidate as
otherwise provided by law.
(b) No petition presented to or filed with the secretary
of state, a board of elections, or any other public office for
the purpose of the holding of an election on any question or
issue may be resubmitted after it is withdrawn from a public
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As Introduced
office or rejected as containing insufficient signatures.
Nothing in this division prevents a question or issue petition
from being withdrawn by the filing of a written notice of the
withdrawal by a majority of the members of the petitioning
committee with the same public office with which the petition
was filed prior to the sixtieth day before the election at which
the question or issue is scheduled to appear on the ballot.
(J) All declarations of candidacy, nominating petitions,
or other petitions under this section shall be accompanied by
the following statement in boldface capital letters: WHOEVER
COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE
FIFTH DEGREE.
(K) All separate petition papers shall be filed at the
same time, as one instrument.
(L) If a board of elections distributes for use a petition
form for a declaration of candidacy, nominating petition, or any
type of question or issue petition that does not satisfy the
requirements of law as of the date of that distribution, the
board shall not invalidate the petition on the basis that the
petition form does not satisfy the requirements of law, if the
petition otherwise is valid. Division (L) of this section
applies only if the candidate received the petition from the
board within ninety days of when the petition is required to be
filed.
(M)(1) Upon receiving an initiative petition, or a
petition filed under section 307.94 or 307.95 of the Revised
Code, concerning a ballot issue that is to be submitted to the
electors of a county or municipal political subdivision, the
board of elections shall examine the petition to determine:
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As Introduced
(a) Whether the petition falls within the scope of a
municipal political subdivision's authority to enact via
initiative, including, if applicable, the limitations placed by
Sections 3 and 7 of Article XVIII of the Ohio Constitution on
the authority of municipal corporations to adopt local police,
sanitary, and other similar regulations as are not in conflict
with general laws, and whether the petition satisfies the
statutory prerequisites to place the issue on the ballot. The
petition shall be invalid if any portion of the petition is not
within the initiative power; or
(b) Whether the petition falls within the scope of a
county's authority to enact via initiative, including whether
the petition conforms to the requirements set forth in Section 3
of Article X of the Ohio Constitution, including the exercise of
only those powers that have vested in, and the performance of
all duties imposed upon counties and county officers by law, and
whether the petition satisfies the statutory prerequisites to
place the issue on the ballot. The finding of the board shall be
subject to challenge by a protest filed pursuant to division (B)
of section 307.95 of the Revised Code.
(2) After making a determination under division (M)(1)(a)
or (b) of this section, the board of elections shall promptly
transmit a copy of the petition and a notice of the board's
determination to the office of the secretary of state. Notice of
the board's determination shall be given to the petitioners and
the political subdivision.
(3) If multiple substantially similar initiative petitions
are submitted to multiple boards of elections and the
determinations of the boards under division (M)(1)(a) or (b) of
this section concerning those petitions differ, the secretary of
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state shall make a single determination under division (M)(1)(a)
or (b) of this section that shall apply to each such initiative
petition.
(N) With respect to any petition for which a committee is
designated to represent the petitioners, both of the following
apply:
(1) The committee shall designate an agent upon whom
notice of all matters or proceedings pertaining to the petition
may be served. Each part-petition shall include the names of the
members of the committee and the name and address of the
committee's agent as they exist at the time the part-petition is
printed.
(2) The committee shall designate in writing the names and
addresses of one or more members or agents of the committee who
consent to testify on behalf of the committee. The designation
may set out the matters on which each person designated may
testify. Upon request, the committee's agent described in
division (N)(1) of this section shall make the designation
available to the secretary of state, a board of elections, or a
court of competent jurisdiction.
Sec. 3501.381. (A)(1) Any person who will receive
compensation for supervising, managing, or otherwise organizing
any effort to obtain signatures for a declaration of candidacy,
nominating petition, or declaration of intent to be a write-in
candidate for a person seeking to become a statewide candidate,
for a statewide initiative petition or a statewide referendum
petition, or for a party formation petition described in
division (A)(1)(b) of section 3517.01 3501.38 of the Revised
Code shall file a statement to that effect with the office of
the secretary of state before any signatures are obtained for
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As Introduced
the petition or before the person is engaged to supervise,
manage, or otherwise organize the effort to obtain signatures
for the petition, whichever is later.
(2) Any person who will compensate a person for
supervising, managing, or otherwise organizing any effort to
obtain signatures for a declaration of candidacy, nominating
petition, or declaration of intent to be a write-in candidate
for a person seeking to become a statewide candidate, for a
statewide initiative or a statewide referendum petition, or for
a party formation petition described in division (A)(1)(b) of
section 3517.01 3501.38 of the Revised Code shall file a
statement to that effect with the office of the secretary of
state before any signatures are obtained for the petition or
before the person engages a person to supervise, manage, or
otherwise organize the effort to obtain signatures for the
petition, whichever is later.
(B) (3) The secretary of state shall prescribe the form
and content of the statements required under division (A) of
this section.
(C) (4) Whoever violates division (A) (A)(1) or (2) of
this section is guilty of a misdemeanor of the first degree, and
the petition for which a person was compensated for supervising,
managing, or otherwise organizing the effort to obtain
signatures shall be deemed invalid.
(D) As used in this section, "statewide candidate" means
the joint candidates for the offices of governor and lieutenant
governor or a candidate for the office of secretary of state,
auditor of state, treasurer of state, or attorney general.
(B) At all times while circulating a petition, a person
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As Introduced
who is compensated for circulating the petition shall have,
plainly visible on the circulator's person, a badge that legibly
identifies the circulator as a paid circulator. The secretary of
state shall prescribe the form of the badge.
(C) For purposes of this section, a person is compensated
for taking an action if any of the following apply:
(1) The person has been paid, given, or promised, or has
received, any money or other thing of value as consideration for
taking the action.
(2) The person is authorized to take the action as part of
the person's regular duties as an employee or contractor of
another person.
(3) The person has been given or promised, or has
received, an appointment, promotion, or contract or an increase
in pay as consideration for taking the action.
(4) The person has been given or promised, or has
received, assistance to obtain an appointment, promotion, or
contract or an increase in pay as consideration for taking the
action.
Sec. 3501.39. (A)(A)(1) The secretary of state or a board
of elections shall accept any petition described in section
3501.38 of the Revised Code unless one of the following occurs:
(1) (a) A written protest against the petition or
candidacy, naming specific objections, is filed, a hearing is
held, and a determination is made by the election officials with
whom the protest is filed that the petition is invalid, in
accordance with any section of the Revised Code providing a
protest procedure.
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(2) (b) A written protest against the petition or
candidacy, naming specific objections, is filed, a hearing is
held, and a determination is made by the election officials with
whom the protest is filed that the petition violates any
requirement established by law.
(3) (c) In the case of an initiative petition received by
the board of elections, the petition falls outside the scope of
authority to enact via initiative or does not satisfy the
statutory prerequisites to place the issue on the ballot, as
described in division (M) of section 3501.38 of the Revised
Code. The petition shall be invalid if any portion of the
petition is not within the initiative power.
(4) (d) The candidate's candidacy or the petition violates
the requirements of this chapter, Chapter 3513. of the Revised
Code, or any other requirements established by law.
(2) Whenever any person fails to fully comply with a
subpoena or an order to produce evidence served upon the person
in a proceeding under division (A)(1) of this section by the
secretary of state acting pursuant to section 3501.05, or by a
board of elections acting pursuant to division (J) of section
3501.11 or section 3519.18 of the Revised Code, the secretary of
state or the board of elections, as applicable, may file in a
court of competent jurisdiction, and serve upon the person, a
request for an order of the court that compels compliance with
the subpoena or order. If the court finds that the noncompliance
was in bad faith or for the purpose of delay, it may order the
person to pay to the secretary of state or the board of
elections, as applicable, the reasonable expenses incurred in
obtaining the order to comply, including attorney's fees, and
may invoke the sanctions provided by Rule 37 of the Rules of
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Civil Procedure.
(B) No part-petition is properly verified if it appears on
the face thereof, or is made to appear by satisfactory evidence,
that any of the following are true:
(1) That the number and statement required by division (E)
of section 3501.38 of the Revised Code are not properly filled
out by the circulator;
(2) That the statement required by division (E) of section
3501.38 of the Revised Code is not properly signed, is altered
by erasure, interlineation, or otherwise, or is false in any
respect;
(3) That any one person has signed the part-petition more
than once;
(4) If applicable, that division (A)(1) or (2) of section
3501.381 of the Revised Code was violated with respect to the
petition;
(5) If applicable, that the circulator did not comply with
the requirements of division (B) of section 3501.381 of the
Revised Code while circulating the part-petition.
(C) Except as otherwise provided in division (C) (D) of
this section or section 3513.052 of the Revised Code, a board of
elections shall not invalidate any declaration of candidacy or
nominating petition under division (A)(4) (A)(1)(d) of this
section after the sixtieth day prior to the election at which
the candidate seeks nomination to office, if the candidate filed
a declaration of candidacy, or election to office, if the
candidate filed a nominating petition.
(C)(1) (D)(1) If a petition is filed for the nomination or
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election of a candidate in a charter municipal corporation with
a filing deadline that occurs after the ninetieth day before the
day of the election, a board of elections may invalidate the
petition within fifteen days after the date of that filing
deadline.
(2) If a petition for the nomination or election of a
candidate is invalidated under division (C)(1) (D)(1) of this
section, that person's name shall not appear on the ballots for
any office for which the person's petition has been invalidated.
If the ballots have already been prepared, the board of
elections shall remove the name of that person from the ballots
to the extent practicable in the time remaining before the
election. If the name is not removed from the ballots before the
day of the election, the votes for that person are void and
shall not be counted.
Sec. 3503.13. (A)(1) Except as otherwise provided in
division (A)(2) of this section, voter registration forms
submitted by applicants and the statewide voter registration
database established under section 3503.15 of the Revised Code
are public records subject to disclosure under section 149.43 of
the Revised Code.
(2) None of the following are subject to disclosure under
division (A)(1) of this section:
(a) An elector's full or partial social security number,
driver's license or state identification card number, telephone
number, or electronic mail address;
(b) A confidential voter registration record, as described
in section 111.44 of the Revised Code;
(c) The address of a designated public service worker, if
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the designated public service worker has submitted a redaction
request to the board of elections under section 149.45 of the
Revised Code;
(d) An elector's proof of citizenship;
(e) Any other information that is prohibited from being
disclosed by state or federal law.
(B) A board of elections may use a legible digitized
signature list of voter signatures, copied from the signatures
on the registration forms in a form and manner prescribed by the
secretary of state, provided that the board includes the
required voter registration information in the statewide voter
registration database established under section 3503.15 of the
Revised Code, and provided that the precinct election officials
have computer printouts at the polls prepared in the manner
required under section 3503.23 of the Revised Code.
Sec. 3503.14. (A) The secretary of state shall prescribe
the form and content of the registration, change of residence,
and change of name forms used in this state. The forms shall
meet the requirements of the National Voter Registration Act of
1993 and shall include spaces for all of the following:
(1) The voter's name;
(2) The voter's current residence address;
(3) The current date;
(4) The voter's date of birth;
(5) The voter to provide at least one of the following
forms of identification:
(a) The the voter's Ohio driver's license or state
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identification card number ;
(b) The or, if the voter does not have an Ohio driver's
license or state identification card, the voter to provide the
last four digits of the voter's social security number.
(6) A space for the voter to provide the voter's former
residence address or addresses, if the voter is currently
registered to vote at another address.
(7) The voter's signature , accompanied by the following
statement: "I declare under penalty of election falsification I
am a citizen of the United States, will have lived in this state
for 30 days immediately preceding the next election, and will be
at least 18 years of age at the time of the general election. I
understand that if I am registered to vote at any other address,
the election officials will be notified of my change of
address."
The forms shall include the following statement:
"WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE ."
The registration form shall include a space on which the
person registering an applicant shall sign the person's name and
provide the person's address and a space on which the person
registering an applicant shall name the employer who is
employing that person to register the applicant.
The forms shall include a box for the person filling out
the form to check to indicate, if applicable, that the person
has filled out all or part of the form on behalf of the
applicant because the applicant declares that the applicant
requires such assistance by reason of blindness, disability, or
illiteracy.
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Except for forms prescribed by the secretary of state
under section 3503.11 of the Revised Code, the secretary of
state shall permit boards of elections to produce forms that
have subdivided spaces for each individual alphanumeric
character of the information provided by the voter so as to
accommodate the electronic reading and conversion of the voter's
information to data and the subsequent electronic transfer of
that data to the statewide voter registration database
established under section 3503.15 of the Revised Code.
(B) None of the following persons who are registering an
applicant in the course of that official's or employee's normal
duties shall sign the person's name, provide the person's
address, or name the employer who is employing the person to
register an applicant on a form prepared under this section:
(1) An election official;
(2) A county treasurer;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(C) Except as provided in section 3501.382 of the Revised
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Code, any applicant who is unable to sign the applicant's own
name shall make an "X," if possible, which shall be certified by
the signing of the name of the applicant by the person filling
out the form, who shall add the person's own signature. If an
applicant is unable to make an "X," the applicant shall indicate
in some manner that the applicant desires to register to vote or
to change the applicant's name or residence. The person
registering the applicant shall sign the form and attest that
the applicant indicated that the applicant desired to register
to vote or to change the applicant's name or residence.
(D) No registration, change of residence, or change of
name form shall be rejected solely on the basis that a person
registering an applicant failed to sign the person's name or
failed to name the employer who is employing that person to
register the applicant as required under division (A) of this
section.
(E) (E)(1) A voter registration application is not
required to contain the voter's former residence address to be
considered valid.
(2) A voter registration application submitted
electronically through the registrar of motor vehicles or a
deputy registrar pursuant to section 3503.11 or submitted online
through the internet pursuant to section 3503.20 of the Revised
Code is not required to contain a signature to be considered
valid. The signature obtained under division (A)(3) of section
3503.11 or under division (B) of section 3503.20 of the Revised
Code, as applicable, shall be considered the applicant's
signature for all election and signature-matching purposes.
(F)(1) Except as otherwise provided in division (C) of
this section and in sections 3501.382 and 3505.24 of the Revised
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1175 H. B. No. 233 Page 42
As Introduced
Code, no person shall preprint or fill out any portion of a
voter registration, change of residence, or change of name form
on behalf of an applicant.
(2) A completed voter registration, change of residence,
or change of name form is not valid if any portion of it has
been completed by any person other than the applicant in
violation of division (F)(1) of this section.
(G) As used in this section, "registering an applicant"
includes any effort, for compensation, to provide voter
registration forms or to assist persons in completing or
returning those forms.
Sec. 3503.15. (A) The secretary of state shall establish
and maintain a statewide voter registration database that shall
be administered by the office of data analytics and archives in
the office of the secretary of state and made continuously
available to each board of elections and to other agencies as
authorized by law.
The statewide voter registration database shall be the
official list of registered electors for all elections conducted
in this state.
(B) The statewide voter registration database shall, at a
minimum, include all of the following:
(1) An electronic network that connects all board of
elections offices with the office of the secretary of state and
with the offices of all other boards of elections;
(2) A computer program that harmonizes the records
contained in the database with records maintained by each board
of elections;
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As Introduced
(3) An interactive computer program that allows access to
the records contained in the database by each board of elections
and by any persons authorized by the secretary of state to add,
delete, modify, or print database records, and to conduct
updates of the database;
(4) A search program capable of verifying registered
electors and their registration information by name, driver's
license or state identification card number, birth date, social
security number, or current address;
(5) Safeguards and components to ensure that the
integrity, security, and confidentiality of the voter
registration information is maintained;
(6) Methods to retain canceled voter registration records
for not less than five years after they are canceled and to
record the reason for their cancellation.
(C) For each registered elector, the statewide voter
registration database shall include all of the following
information:
(1) The elector's name;
(2) The elector's birth date;
(3) The elector's current residence address;
(4) The elector's precinct number;
(5) The elector's Ohio driver's license or state
identification card number, if available;
(6) The last four digits of the elector's social security
number, if available;
(7) The elector's telephone number, if available;
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As Introduced
(8) The elector's electronic mail address, if available;
(9)(a) The elector's voter registration date, which shall
be determined based on the elector's most recent application to
register to vote in this state, subject to division (C)(9)(b) of
this section, as follows:
(i) In the case of an application delivered in person to a
state or local office of a designated agency, the office of the
registrar or any deputy registrar of motor vehicles, a public
high school or vocational school, a public library, or the
office of a county treasurer, the date stamped on the
application upon receipt by the entity that transmits the
application to the board of elections or the secretary of state;
(ii) In the case of an application delivered in person to
a board of elections or the secretary of state, the date stamped
on the application upon receipt by the board of elections or the
secretary of state, as applicable;
(iii) In the case of an application delivered by mail to a
board of elections or the secretary of state, the date the
application is postmarked;
(iv) In the case of an application submitted through the
online voter registration system established under section
3503.20 of the Revised Code, the date of the online submission;
(v) In the case of an application submitted to a board of
elections by facsimile transmission or electronic mail under
Chapter 3511. of the Revised Code, the date of the receipt of
the transmission or electronic mail by the board of elections;
(vi) In the case of a provisional ballot affirmation that
serves as an application to register to vote in future elections
because the individual who cast the ballot is not registered to
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1259 H. B. No. 233 Page 45
As Introduced
vote, the date the board of elections determines that the
provisional ballot is invalid under section 3505.183 of the
Revised Code.
(b) For purposes of determining an elector's voter
registration date under division (C)(9)(a) of this section, all
of the following apply:
(i) An elector's voter registration date shall not be
during the period beginning on the day after the close of voter
registration before an election and ending on the day of the
election. If the date determined under division (C)(9)(a) of
this section would be during that period, the voter registration
date instead shall be the date on which the board of elections
processes the application to register to vote after the day of
the election.
(ii) A change of address or change of name form, including
a provisional ballot affirmation that serves as a change of
address or change of name form, is not considered an application
to register to vote.
(iii) An application to register to vote that is submitted
by an individual who is already registered to vote in this state
is not considered an application to register to vote.
(10) The elector's voting history, including all of the
following for each election in which the elector cast a ballot
that was counted:
(a) The date of the election;
(b) If the election was a primary election, the political
party whose ballot the elector cast at the primary election or
an indication that the elector voted only on the questions and
issues appearing on the ballot at a special election held on the
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1288 H. B. No. 233 Page 46
As Introduced
day of the primary election;
(c) The type of ballot the elector cast.
(11) The elector's last activity date, which shall be
determined in accordance with rules adopted by the secretary of
state pursuant to Chapter 119. of the Revised Code .;
(12) The date, if any, on which the elector's United
States citizenship was verified under section 3503.152 or
3503.202 of the Revised Code;
(13) If applicable, a notation that the elector is
required to cast a provisional ballot under section 3503.201 or
3503.202 of the Revised Code and the reason the elector is
required to do so;
(14) Any other information the secretary of state requires
to be included by rule adopted pursuant to Chapter 119. of the
Revised Code.
(D) Every business day during the period beginning on the
forty-sixth day before an election and ending on the eighty-
first day after the day of the election , a board of elections
shall create a daily record of its voter registration database
as of four p.m. and shall transmit the daily record to the
secretary of state in a secure manner prescribed by the
secretary of state. The secretary of state shall archive the
daily record and retain it for at least twenty-two months after
the day of the election permanently.
(E) The secretary of state shall adopt rules pursuant to
Chapter 119. of the Revised Code to implement this section and
sections 3503.151 to 3503.153 of the Revised Code, including
rules doing all of the following:
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(1) Specifying the manner in which any voter registration
records maintained by boards of elections in other data formats
shall be converted for inclusion in the statewide voter
registration database;
(2) Establishing a uniform method for entering voter
registration records into the statewide voter registration
database on an expedited basis, but not less than once per day,
if new registration information is received, and for
transmitting information securely to the secretary of state;
(3) Establishing a uniform method for purging canceled
voter registration records from the statewide voter registration
database in accordance with section 3503.21 of the Revised Code;
(4) Specifying the persons authorized to add, delete,
modify, or print records contained in the statewide voter
registration database and to make updates of that database;
(5) Establishing a process for annually auditing the
information contained in the statewide voter registration
database.
(F) A board of elections promptly shall purge a voter's
name and voter registration information from the statewide voter
registration database in accordance with the rules adopted by
the secretary of state under division (E)(3) of this section
after the cancellation of a voter's registration under section
3503.21 of the Revised Code.
(G) The secretary of state shall provide training in the
operation of the statewide voter registration database to each
board of elections and to any persons authorized by the
secretary of state to add, delete, modify, or print database
records, and to conduct updates of the database.
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(H) A board of elections and any vendor with which it
contracts to provide voter registration software or related
services shall ensure that the board's voter registration system
and practices comply with the requirements of this section and
any rules adopted under this section.
Sec. 3503.151. (A) The secretary of state, through the
office of data analytics and archives, and the boards of
elections shall maintain the accuracy of the statewide voter
registration database in accordance with this section.
(B)(1) State agencies, including, but not limited to, the
department of health, the bureau of motor vehicles, the
department of job and family services, the department of
medicaid, and the department of rehabilitation and corrections,
shall provide any information and data to the secretary of state
that is collected in the course of normal business and that is
necessary to register to vote, to update an elector's
registration, or to maintain the statewide voter registration
database, except where prohibited by federal law or regulation.
The department of health, the bureau of motor vehicles, the
department of job and family services, the department of
medicaid, and the department of rehabilitation and corrections
shall provide that information and data to the secretary of
state not later than the last day of each month. The secretary
of state shall ensure that any information or data provided to
the secretary of state that is confidential in the possession of
the entity providing the data remains confidential while in the
possession of the secretary of state. No public office, and no
public official or employee, shall sell that information or data
or use that information or data for profit.
(2) The secretary of state shall adopt rules under Chapter
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1375 H. B. No. 233 Page 49
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119. of the Revised Code that establish, by mutual agreement
with the bureau of motor vehicles, the content and format of the
information and data the bureau of motor vehicles shall provide
to the secretary of state under division (B)(1) of this section
and the frequency with which the bureau shall provide that
information and data.
(C)(1) The secretary of state shall enter into agreements
to share information or data that is in the possession of the
secretary of state with other states or groups of states, as the
secretary of state considers necessary, in order to maintain the
statewide voter registration database. Except as otherwise
provided in division (C)(2) of this section, the secretary of
state shall ensure that any information or data provided to the
secretary of state that is confidential in the possession of the
state providing the data remains confidential while in the
possession of the secretary of state.
(2) The secretary of state may provide such otherwise
confidential information or data to persons or organizations
that are engaging in legitimate governmental purposes related to
the maintenance of the statewide voter registration database.
The secretary of state shall adopt rules pursuant to Chapter
119. of the Revised Code identifying the persons or
organizations who may receive that information or data. The
secretary of state shall not share that information or data with
a person or organization not identified in those rules. The
secretary of state shall ensure that a person or organization
that receives confidential information or data under this
division keeps the information or data confidential in the
person's or organization's possession by, at a minimum, entering
into a confidentiality agreement with the person or
organization. Any confidentiality agreement entered into under
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this division shall include a requirement that the person or
organization submit to the jurisdiction of this state in the
event that the person or organization breaches the agreement.
(3) No person or entity that receives information or data
under division (C) of this section shall sell the information or
data or use the information or data for profit.
(D) The secretary of state shall regularly transmit to the
boards of elections, to the extent permitted by state and
federal law, the information and data the secretary of state
receives under divisions (B) and (C) of this section that is
necessary to do the following, in order to ensure that the
accuracy of the statewide voter registration database is
maintained on a regular basis in accordance with applicable
state and federal law:
(1) Require the boards of elections to maintain the
database in a manner that ensures that the name of each
registered elector appears in the database, that only
individuals who are not registered or eligible to vote are
removed from the database, and that duplicate registrations are
eliminated from the database;
(2) Require the boards of elections to make a reasonable
effort to remove individuals who are not eligible to vote from
the database;
(3) Establish safeguards to ensure that eligible electors
are not removed in error from the database.
(E)(1) The secretary of state shall use the information in
the statewide voter registration database and the databases of
the bureau of motor vehicles and the United States social
security administration regularly to prepare and transmit a
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1435 H. B. No. 233 Page 51
As Introduced
report to each board of elections that identifies each voter
registration record in the county to which any of the following
apply and that has not been identified in a previous report:
(a) The record contains neither an Ohio driver's license
or state identification card number nor the last four digits of
a social security number.
(b) The record contains an Ohio driver's license or state
identification card number, but one of the following applies:
(i) The number does not exist in the records of the bureau
of motor vehicles.
(ii) The number exists in the records of the bureau of
motor vehicles but is not associated with the first name, last
name, and date of birth that appear in the voter registration
record.
(iii) Except as otherwise provided in division (E)(2) of
this section, the number exists in the records of the bureau of
motor vehicles and is associated with the first name, last name,
and date of birth that appear in the voter registration record,
but the residence address that appears in the records of the
bureau of motor vehicles is not the same as the residence
address that appears in the voter registration record.
(c) The record contains the last four digits of a social
security number, but one of the following applies:
(i) Those digits do not exist in the records of the United
States social security administration.
(ii) Those digits exist in the records of the United
States social security administration but are not associated
with the first name, last name, and date of birth that appear in
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1463 H. B. No. 233 Page 52
As Introduced
the voter registration record.
(2) The report shall exclude any voter registration record
described in division (E)(1)(b)(iii) belonging to an elector to
whom either of the following applies:
(a) The elector is a participant in the address
confidentiality program described in sections 111.41 to 111.99
of the Revised Code.
(b) The elector is a designated public service worker, as
described in section 149.43 of the Revised Code, and one of the
following applies:
(i) The elector has submitted a redaction request to the
secretary of state or to the board of elections under section
149.45 of the Revised Code.
(ii) It is otherwise apparent from the elector's voter
registration record or from the records of the bureau of motor
vehicles that the elector is a designated public service worker.
(3) If, after a voter registration record appears on a
report created under division (E) of this section because of the
circumstances described in division (E)(1)(b)(iii) of this
section, and the secretary of state learns in the preparation of
a subsequent report that the elector's residence address in the
records of the bureau of motor vehicles has been updated to
match the elector's residence address in the voter registration
record, the subsequent report shall include an instruction to
the board to remove the indication from the elector's
registration record added under division (A)(1) of section
3503.202 of the Revised Code.
(4) Promptly after receiving the report, the board of
elections shall proceed under section 3503.201 of the Revised
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1492 H. B. No. 233 Page 53
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Code.
(5) Subject to division (A)(2) of section 3503.13 of the
Revised Code, the secretary of state shall make the information
in each report available to the public on the secretary of
state's official web site.
(F)(1) The secretary of state shall adopt rules under
Chapter 119. of the Revised Code to establish a uniform method
for addressing instances in which records contained in the
statewide voter registration database do not conform with
records maintained by an agency, state, or group of states
described in division (B) or (C) of this section. That method
shall prohibit an elector's voter registration from being
canceled on the sole basis that the information in the
registration record does not conform to records maintained by
such an agency.
(2) Information provided under division (B) or (C) of this
section for maintenance of the statewide voter registration
database shall not be used to update the name or address of a
registered elector. The name or address of a registered elector
shall only be updated as a result of the elector's actions in
filing a notice of change of name, change of address, or both.
(3) A Except as otherwise provided in section 3503.201 of
the Revised Code, a board of elections shall contact a
registered elector pursuant to the rules adopted under division
(E)(1) (F)(1) of this section to verify the accuracy of the
information in the statewide voter registration database
regarding that elector if that information does not conform with
information provided under division (B) or (C) of this section
and the discrepancy would affect the elector's eligibility to
cast a regular ballot.
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1522 H. B. No. 233 Page 54
As Introduced
Sec. 3503.152. The At least once each month, and every day
during the period beginning on the forty-sixth day before an
election and ending on the day before the day of the election,
the secretary of state shall conduct an annual review of the
statewide voter registration database to identify persons who
appear not to be verify the United States citizens citizenship
of persons whose citizenship has not been verified , as follows:
(A)(A)(1) The secretary of state shall compare the
information in the statewide voter registration database with
the information the secretary of state obtains from the bureau
of motor vehicles under section 3503.151 of the Revised Code to
identify any person who has submitted documentation to the
bureau of motor vehicles that indicates that the person is a
United States citizen.
(2) The secretary of state shall compare the information
in the statewide voter registration database with the
information the secretary of state obtains from the bureau of
motor vehicles under section 3503.151 of the Revised Code to
identify any person who does all of the following, in the
following order, and who has not previously been included in a
report issued under this section :
(1) (a) Submits documentation to the bureau of motor
vehicles that indicates that the person is not a United States
citizen;
(2) (b) Registers to vote, submits a voter registration
change of residence or change of name form, or votes in this
state;
(3) (c) Submits documentation to the bureau of motor
vehicles that indicates that the person is not a United States
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1551 H. B. No. 233 Page 55
As Introduced
citizen.
(B) The secretary of state shall send a written notice to
each person identified under division (A) of this section,
instructing the person either to confirm that the person is a
United States citizen or to submit a completed voter
registration cancellation form to the secretary of state. The
secretary of state shall include a blank voter registration
cancellation form with the notice. If the person fails to
respond to the secretary of state in the manner described in
division (C) or (D) of this section not later than thirty days
after the notice is sent, the secretary of state promptly shall
send the person a second notice and form.
(C) If, not later than sixty days after the first notice
is sent, a person who is sent a notice under division (B) of
this section responds to the secretary of state, confirming that
the person is a United States citizen, the secretary of state
shall take no action concerning the person's voter registration.
(D) If, not later than sixty days after the first notice
was sent, a person who receives a notice under division (B) of
this section sends a completed voter registration cancellation
form to the secretary of state, the secretary of state shall
instruct the board of elections of the county in which the
person is registered to cancel the person's registration.
(E) If a person who is sent a second notice under division
(B) of this section fails to respond to the secretary of state
in the manner described in division (C) or (D) of this section
not later than thirty days after the second notice is sent, the
secretary of state shall refer the matter to the attorney
general for further investigation and possible prosecution under
section 3599.11, 3599.12, 3599.13, or any other applicable
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1581 H. B. No. 233 Page 56
As Introduced
section of the Revised Code. If, after the thirtieth day after
the second notice is sent, the person sends a completed voter
registration cancellation form to the secretary of state, the
secretary of state shall instruct the board of elections of the
county in which the person is registered to cancel the person's
registration and shall notify the attorney general of the
cancellation.
(F) The secretary of state shall not conduct the review
described in this section during the ninety days immediately
preceding a primary or general election for federal office. (3)
Separately, the secretary of state shall compare the information
in the statewide voter registration database with the
information the secretary of state obtains from the bureau of
motor vehicles under section 3503.151 of the Revised Code to
identify any person who has submitted documentation to the
bureau of motor vehicles that indicates that the person is not a
United States citizen, has not subsequently submitted
documentation to the bureau that indicates that the person has
become a United States citizen, and has not previously been
included in a report issued under this section. The secretary of
state then shall consult the systematic alien verification for
entitlements (SAVE) program or its successor program, operated
by the United States department of homeland security or its
successor agency, to determine whether the program indicates
that the person is not a United States citizen.
(B)(1) When the secretary of state verifies that a person
is a United States citizen under division (A)(1) of this
section, the secretary of state promptly shall send a report to
the applicable board of elections, instructing the board to
proceed under division (D) of section 3503.201 or division (A)
(1)(e) of section 3503.202 of the Revised Code, as applicable.
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1612 H. B. No. 233 Page 57
As Introduced
(2) When the secretary of state identifies a person who
appears not to be a United States citizen under division (A)(2)
or (3) of this section, the secretary of state promptly shall
send a report to the applicable board of elections, instructing
the board to proceed under division (A)(1)(e) of section
3503.202 of the Revised Code.
(C)(1) If, after being sent a confirmation notice under
division (A)(1)(e) of section 3503.202 of the Revised Code, a
person cancels the person's voter registration or has the
person's registration canceled under division (D)(4) of that
section, the secretary of state shall refer the matter to the
attorney general for further investigation and possible
prosecution under section 3599.11, 3599.12, 3599.13, or any
other applicable section of the Revised Code.
(2) If, within fourteen days after a person is sent a
second confirmation notice under division (A)(1)(e) of section
3503.202 of the Revised Code, the person does not provide valid
proof of citizenship to the board of elections under that
section or cancel the person's voter registration, the secretary
of state shall do all of the following:
(a) Cancel the person's voter registration and notify the
board of elections of that action;
(b) Send the person a notice that the person's voter
registration has been canceled and the reason for the
cancelation;
(c) Refer the matter to the attorney general for further
investigation and possible prosecution under section 3599.11,
3599.12, 3599.13, or any other applicable section of the Revised
Code.
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1641 H. B. No. 233 Page 58
As Introduced
Sec. 3503.153. (A) The statewide voter registration
database shall be made available on a web site of the office of
the secretary of state as follows:
(1) Except as otherwise provided in division (A)(2) of
this section, the following information from the statewide voter
registration database regarding a registered elector shall be
made available on the web site:
(a) The elector's name;
(b) The elector's birth date;
(c) The elector's current residence address;
(d) The elector's precinct number;
(e) The elector's voter registration date, as described in
division (C)(9) of section 3503.15 of the Revised Code;
(f) The elector's voting history, as described in division
(C)(10) of section 3503.15 of the Revised Code;
(g) The elector's last activity date, as described in
division (C)(11) of section 3503.15 of the Revised Code ;
(h) If applicable, the fact that the elector is required
to cast a provisional ballot under section 3503.201 or 3503.202
of the Revised Code, the reason for that fact, and the
information the elector must provide to the board of elections
to become eligible to cast a regular ballot .
(2) During the thirty days before the day of a primary or
general election, the web site interface of the statewide voter
registration database shall permit an elector to search for the
polling location at which that elector may cast a ballot.
(3) No information in the statewide voter registration
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1668 H. B. No. 233 Page 59
As Introduced
database that is exempt from disclosure under division (A)(2) of
section 3503.13 of the Revised Code shall be made available on
the web site.
(B)(1) The secretary of state shall establish, by rule
adopted under Chapter 119. of the Revised Code, a process for
boards of elections to notify the secretary of state of changes
in the locations of precinct polling places for the purpose of
updating the information made available on the secretary of
state's web site under division (A)(2) of this section. Those
rules shall require a board of elections, during the thirty days
before the day of a primary or general election, to notify the
secretary of state within one business day of any change to the
location of a precinct polling place within the county.
(2) During the thirty days before the day of a primary or
general election, not later than one business day after
receiving a notification from a county pursuant to division (B)
(1) of this section that the location of a precinct polling
place has changed, the secretary of state shall update that
information on the secretary of state's web site for the purpose
of division (A)(2) of this section.
Sec. 3503.16. (A) Except as otherwise provided in division
(E) of section 111.44 of the Revised Code, whenever Whenever a
registered elector changes the place of residence of that
registered elector from one precinct to another within a county
or from one county to another this state, or has a change of
name, that registered elector shall report the change by
delivering a change of residence or change of name form,
whichever is appropriate, as prescribed by the secretary of
state under section 3503.14 of the Revised Code to the state or
local office of a designated agency, a public high school or
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1698 H. B. No. 233 Page 60
As Introduced
vocational school, a public library, the office of the county
treasurer, the office of the secretary of state, any office of
the registrar or deputy registrar of motor vehicles, or any
office of a board of elections in person or by a third person.
Any voter registration, change of address, or change of name
application, returned by mail, may be sent only to the secretary
of state or the board of elections.
A registered elector also may update the registration of
that registered elector by filing a change of residence or
change of name form on the day of a special, primary, or general
election at the polling place in the precinct in which that
registered elector resides or at the board of elections or at
another site designated by the board one of the methods described
in section 3503.19 of the Revised Code not later than the
thirtieth day before the day of an election, except as otherwise
permitted under this section .
(B)(1)(a) Any registered elector who moves within a
precinct on or prior to the day of a general, primary, or
special election and has not filed a notice of change of
residence with the board of elections may vote in that election
by going to that registered elector's assigned polling place,
completing and signing a notice of change of residence, showing
photo identification, and casting a ballot.
(b) Any registered elector who changes the name of that
registered elector and remains within a precinct on or prior to
the day of a general, primary, or special election and has not
filed a notice of change of name with the board of elections may
vote in that election by going to that registered elector's
assigned polling place, completing and signing a notice of a
change of name, and casting a provisional ballot under section
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1728 H. B. No. 233 Page 61
As Introduced
3505.181 of the Revised Code. If the registered elector provides
to the precinct election officials proof of a legal name change,
such as a marriage license or court order that includes the
elector's current and prior names, the elector may complete and
sign a notice of change of name and cast a regular ballot.
(2)(B) Any registered elector who moves from one precinct
to another within a county, does not move but changes the
elector's name, or moves from one precinct to another within a
county and changes the name of that registered elector on or
prior to the day of a general, primary, or special election and
has not filed a notice of reported the change of residence or
change of name, whichever is appropriate, with the board of
elections under section 3503.19 of the Revised Code may vote in
that election if that registered elector complies with division
(G) of this section or does all of the following:
(a) Appears at anytime during regular business hours on or
after the twenty-eighth day prior to the election in which that
registered elector wishes to vote or, if the election is held on
the day of a presidential primary election, the twenty-fifth day
prior to the election, through noon of the Saturday prior to the
election at the office of the board of elections, appears at any
time during regular business hours on the Monday prior to the
election at the office of the board of elections, or appears on
the day of the election at either of the following locations:
(i) The by casting a provisional ballot using the address
to which the elector has moved or the name of the elector as
changed, whichever is appropriate, at the polling place for the
precinct in which that registered elector resides ;
(ii) The , at the office of the board of elections or, if
pursuant to division (C) of of the county in which the elector
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1758 H. B. No. 233 Page 62
As Introduced
resides during the time that absent voter's ballots may be cast
in person under section 3501.10 3509.051 of the Revised Code the
board has designated another location in the county at which
registered electors may vote, at that other location instead of
the office of the board of elections , or, if the elector
qualifies to do so, by casting a provisional ballot with the
assistance of two election officials of the county in which the
elector resides under section 3509.08 of the Revised Code .
(b) Completes and signs, under penalty of election
falsification, the The written affirmation on the provisional
ballot envelope, which shall serve as a notice of change of
residence or change of name, whichever is appropriate ;
(c) Votes a provisional ballot under section 3505.181 of
the Revised Code at the polling place, at the office of the
board of elections, or, if pursuant to division (C) of section
3501.10 of the Revised Code the board has designated another
location in the county at which registered electors may vote, at
that other location instead of the office of the board of
elections, whichever is appropriate, using the address to which
that registered elector has moved or the name of that registered
elector as changed, whichever is appropriate;
(d) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector moved or had a change of name, whichever is appropriate,
on or prior to the day of the election, has voted a provisional
ballot at the polling place for the precinct in which that
registered elector resides, at the office of the board of
elections, or, if pursuant to division (C) of section 3501.10 of
the Revised Code the board has designated another location in
the county at which registered electors may vote, at that other
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As Introduced
location instead of the office of the board of elections,
whichever is appropriate, and will not vote or attempt to vote
at any other location for that particular election .
(C) Any registered elector who moves from one county to
another county within the state on or prior to the day of a
general, primary, or special election and has not registered to
vote in the county to which that registered elector moved
reported the change of residence under section 3503.19 of the
Revised Code may vote in that election if that registered
elector complies with division (G) of this section or does all
of the following:
(1) Appears at any time during regular business hours on
or after the twenty-eighth day prior to the election in which
that registered elector wishes to vote or, if the election is
held on the day of a presidential primary election, the twenty-
fifth day prior to the election, through noon of the Saturday
prior to the election by casting a provisional ballot using the
address to which the elector has moved at the office of the
board of elections or, if pursuant to division (C) of section
3501.10 of the Revised Code the board has designated another
location in the county at which registered electors may vote, at
that other location instead of the office of the board of
elections, appears of the county in which the elector resides
during the time that absent voter's ballots may be cast in
person under section 3509.061 of the Revised Code, during
regular business hours on the Monday prior to the election at
the office of the board of elections or, if pursuant to division
(C) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location instead of the office
of the board of elections , or appears on the day of the election
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1819 H. B. No. 233 Page 64
As Introduced
at the office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board
has designated another location in the county at which
registered electors may vote, at that other location instead of
the office of the board of elections;
(2) Completes and signs, under penalty of election
falsification, the , or, if the elector qualifies to do so, by
casting a provisional ballot with the assistance of two election
officials of the county in which the elector resides under
section 3509.08 of the Revised Code. The written affirmation on
the provisional ballot envelope , which shall serve as a notice
of change of residence ;
(3) Votes a provisional ballot under section 3505.181 of
the Revised Code at the office of the board of elections or, if
pursuant to division (C) of section 3501.10 of the Revised Code
the board has designated another location in the county at which
registered electors may vote, at that other location instead of
the office of the board of elections, using the address to which
that registered elector has moved;
(4) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector has moved from one county to another county within the
state on or prior to the day of the election, has voted at the
office of the board of elections or, if pursuant to division (C)
of section 3501.10 of the Revised Code the board has designated
another location in the county at which registered electors may
vote, at that other location instead of the office of the board
of elections, and will not vote or attempt to vote at any other
location for that particular election .
(D) A person who votes by absent voter's ballots pursuant
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1849 H. B. No. 233 Page 65
As Introduced
to division (G) of this section shall not make written
application for the ballots pursuant to Chapter 3509. of the
Revised Code. Ballots cast pursuant to division (G) of this
section shall be set aside in a special envelope and counted
during the official canvass of votes in the manner provided for
in sections 3505.32 and 3509.06 of the Revised Code insofar as
that manner is applicable. The board shall examine the pollbooks
to verify that no ballot was cast at the polls or by absent
voter's ballots under Chapter 3509. or 3511. of the Revised Code
by an elector who has voted by absent voter's ballots pursuant
to division (G) of this section. Any ballot determined to be
insufficient for any of the reasons stated above or stated in
section 3509.07 of the Revised Code shall not be counted.
Subject to division (C) of section 3501.10 of the Revised
Code, a board of elections may lease or otherwise acquire a site
different from the office of the board at which registered
electors may vote pursuant to division (B) or (C) of this
section.
(E) Upon receiving a notice of change of residence or
change of name, the board of elections shall immediately send
the registrant an acknowledgment notice. If the change of
residence or change of name notice is valid, the board shall
update the voter's registration as appropriate. If that form is
incomplete, the board shall inform the registrant in the
acknowledgment notice specified in this division of the
information necessary to complete or update that registrant's
registration.
(F) Change of residence and change of name forms shall be
available at each polling place, and when these forms are
completed, noting changes of residence or name, as appropriate,
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1879 H. B. No. 233 Page 66
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they shall be filed with election officials at the polling
place. Election officials shall return completed forms, together
with the pollbooks and tally sheets, to the board of elections.
The board of elections shall provide change of residence
and change of name forms to the probate court and court of
common pleas. The court shall provide the forms to any person
eighteen years of age or older who has a change of name by order
of the court or who applies for a marriage license. The court
shall forward all completed forms to the board of elections
within five days after receiving them.
(G) A registered elector who otherwise would qualify to
vote under division (B) or (C) of this section but is unable to
appear at the office of the board of elections or, if pursuant
to division (C) of section 3501.10 of the Revised Code the board
has designated another location in the county at which
registered electors may vote, at that other location, on account
of personal illness, physical disability, or infirmity, may vote
on the day of the election if that registered elector does all
of the following:
(1) Makes a written application on a form prescribed by
the secretary of state that includes all of the information
required under section 3509.03 of the Revised Code to the
appropriate board for an absent voter's ballot on or after the
twenty-seventh day prior to the election in which the registered
elector wishes to vote through the close of business on the
seventh day prior to that election and requests that the absent
voter's ballot be sent to the address to which the registered
elector has moved if the registered elector has moved, or to the
address of that registered elector who has not moved but has had
a change of name;
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1909 H. B. No. 233 Page 67
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(2) Declares that the registered elector has moved or had
a change of name, whichever is appropriate, and otherwise is
qualified to vote under the circumstances described in division
(B) or (C) of this section, whichever is appropriate, but that
the registered elector is unable to appear at the board of
elections because of personal illness, physical disability, or
infirmity;
(3) Completes and returns along with the completed absent
voter's ballot a notice of change of residence indicating the
address to which the registered elector has moved, or a notice
of change of name, whichever is appropriate;
(4) Completes and signs, under penalty of election
falsification, a statement attesting that the registered elector
has moved or had a change of name on or prior to the day before
the election, has voted by absent voter's ballot because of
personal illness, physical disability, or infirmity that
prevented the registered elector from appearing at the board of
elections, and will not vote or attempt to vote at any other
location or by absent voter's ballot mailed to any other
location or address for that particular election.
Sec. 3503.19. (A) Persons Except as otherwise provided in
section 111.44 of the Revised Code, persons qualified to
register or to change their registration because of a change of
address or change of name may register or change update their
registration in by doing any of the following:
(1) Submitting a voter registration application or update
form in person at any state or local office of a designated
agency, at the office of the registrar or any deputy registrar
of motor vehicles, at a public high school or vocational school,
at a public library, at the office of a county treasurer, or at
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1939 H. B. No. 233 Page 68
As Introduced
a branch office established by the board of elections, or
probate court or court of common pleas, provided that a person
who receives compensation for registering a voter shall return
any registration form entrusted to that person by an applicant
to a board of elections or to the office of the secretary of
state;
(2) Submitting a voter registration application or update
form in person, through another person, or by mail at the office
of the secretary of state or at the office of a board of
elections. A registered elector may also change the elector's
registration , including a branch office;
(3) Submitting a voter registration application or update
form through the online voter registration system under section
3503.20 of the Revised Code;
(4) Submitting a voter registration application or update
form in person to the election officials on election day at any
polling place where the elector is eligible to vote, in the
manner provided under section 3503.16 of the Revised Code . The
election officials shall return all completed forms, together
with the pollbooks and tally sheets, to the board of elections.
(5) In the case of a person who is eligible to vote as a
uniformed services voter or an overseas voter in accordance with
52 U.S.C. 20310, returning the person's completed voter
registration application or update form electronically to the
office of the secretary of state or to the board of elections of
the county in which the person's voting residence is located
pursuant to Chapter 3511. of the Revised Code.
(B)(1) Any state or local office of a designated agency, a
public high school or vocational school, a public library, a
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1968 H. B. No. 233 Page 69
As Introduced
probate court or court of common pleas, or the office of a
county treasurer shall date stamp a voter registration
application or update form it receives using a date stamp that
does not disclose the identity of the state or local office that
receives it and shall transmit any voter registration the
application or change of registration form that it receives to
the board of elections of the county in which the state or local
office is located, within five days after receiving the voter
registration application or change of registration form. The
office of the registrar or any deputy registrar of motor
vehicles shall date stamp a voter registration application or
update form it receives using a date stamp that does not
disclose the identity of the state or local office that receives
it, shall transmit any electronic voter registration application
or change of registration that it receives to the secretary of
state within twenty-four hours after receiving it, and shall
transmit any paper voter registration application or change of
registration form that it receives to the board of elections of
the county in which the office of the registrar or deputy
registrar is located within five days after receiving the voter
registration application or change of registration form, as
required under section 3503.11 of the Revised Code.
(2) If the office of the secretary of state receives a
registration or update form before the thirtieth day before an
election, the office shall forward the form to the board of
elections of the county in which the applicant resides within
ten days after receiving the application. If the office of the
secretary of state receives a registration or update form on or
after the thirtieth day before an election, the office shall
forward the registration to the board of elections of the county
in which the applicant resides within thirty days after that
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1999 H. B. No. 233 Page 70
As Introduced
election.
(3) If a board of elections receives a registration or
update form from an applicant who resides in another county
before the thirtieth day before an election, the board shall
forward the form to the board of elections of the county in
which the applicant resides within ten days after receiving the
application. If a board of elections receives a registration or
update form from an applicant who resides in another county on
or after the thirtieth day before an election, the board shall
forward the registration to the board of elections of the county
in which the applicant resides within thirty days after that
election.
(C) Except as otherwise provided in section 3503.16 of the
Revised Code:
(1) An otherwise valid voter registration application that
is returned to the appropriate office other than by mail must be
received by a state or local office of a designated agency, the
office of the registrar or any deputy registrar of motor
vehicles, a public high school or vocational school, a public
library, the office of a county treasurer, a probate court or
court of common pleas, the office of the secretary of state, or
the office of a board of elections no later than the thirtieth
day preceding a primary, special, or general election for the
person to qualify as an elector eligible to vote at that
election. An otherwise valid registration application received
after that day entitles the elector to vote at all subsequent
elections.
Any state or local office of a designated agency, the
office of the registrar or any deputy registrar of motor
vehicles, a public high school or vocational school, a public
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2029 H. B. No. 233 Page 71
As Introduced
library, or the office of a county treasurer shall date stamp a
registration application or change of name or change of address
form it receives using a date stamp that does not disclose the
identity of the state or local office that receives the
registration.
(2) Voter registration applications, if otherwise valid,
that are returned by mail to the office of the secretary of
state or to the office of a board of elections must be
postmarked no later than the thirtieth day preceding a primary,
special, or general election in order for the person to qualify
as an elector eligible to vote at that election. If an otherwise
valid voter registration application that is returned by mail
does not bear a postmark or a legible postmark, the registration
shall be valid for that election if received by the office of
the secretary of state or the office of a board of elections no
later than twenty-five days preceding any special, primary, or
general election.
(B)(1) (D) Any person may apply in person, by telephone,
by mail, or through another person for voter registration forms
to the office of the secretary of state or the office of a board
of elections. An individual who is eligible to vote as a
uniformed services voter or an overseas voter in accordance with
42 U.S.C. 1973ff-6 also may apply for voter registration forms
by electronic means to the office of the secretary of state or
to the board of elections of the county in which the person's
voting residence is located pursuant to section 3503.191 of the
Revised Code.
(2)(a) An applicant may return the applicant's completed
registration form in person or by mail to any state or local
office of a designated agency, to a public high school or
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2059 H. B. No. 233 Page 72
As Introduced
vocational school, to a public library, to the office of a
county treasurer, to the office of the secretary of state, or to
the office of a board of elections. An applicant who is eligible
to vote as a uniformed services voter or an overseas voter in
accordance with 42 U.S.C. 1973ff-6 also may return the
applicant's completed voter registration form electronically to
the office of the secretary of state or to the board of
elections of the county in which the person's voting residence
is located pursuant to section 3503.191 of the Revised Code.
(b) Subject to division (B)(2)(c) of this section, an
applicant may return the applicant's completed registration form
through another person to any board of elections or the office
of the secretary of state.
(c) A person who receives compensation for registering a
voter shall return any registration form entrusted to that
person by an applicant to any board of elections or to the
office of the secretary of state.
(d) If a board of elections or the office of the secretary
of state receives a registration form under division (B)(2)(b)
or (c) of this section before the thirtieth day before an
election, the board or the office of the secretary of state, as
applicable, shall forward the registration to the board of
elections of the county in which the applicant is seeking to
register to vote within ten days after receiving the
application. If a board of elections or the office of the
secretary of state receives a registration form under division
(B)(2)(b) or (c) of this section on or after the thirtieth day
before an election, the board or the office of the secretary of
state, as applicable, shall forward the registration to the
board of elections of the county in which the applicant is
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2089 H. B. No. 233 Page 73
As Introduced
seeking to register to vote within thirty days after that
election.
(C)(1) A board of elections that receives a voter
registration application and is satisfied as to the truth of the
statements made in the registration form shall register the
applicant not later than twenty business days after receiving
the application, unless that application is received during the
thirty days immediately preceding the day of an election. The
board shall promptly notify the applicant in writing of each of
the following:
(a) The applicant's registration;
(b) The precinct in which the applicant is to vote;
(c) In bold type as follows:
"Voters must bring photo identification to the polls in
order to verify identity. Voters who do not provide photo
identification will still be able to vote by casting a
provisional ballot."
The notification shall be by nonforwardable mail. If the
mail is returned to the board, it shall investigate and cause
the notification to be delivered to the correct address.
(2) If, after investigating as required under division (C)
(1) of this section, the board is unable to verify the voter's
correct address, it shall cause the voter's name in the official
registration list and in the poll list or signature pollbook to
be marked to indicate that the voter's notification was returned
to the board.
At the first election at which a voter whose name has been
so marked appears to vote, the voter shall be required to vote
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2117 H. B. No. 233 Page 74
As Introduced
by provisional ballot under section 3505.181 of the Revised
Code. If the provisional ballot is counted pursuant to division
(B)(3) of section 3505.183 of the Revised Code, the board shall
correct that voter's registration, if needed, and shall remove
the indication that the voter's notification was returned from
that voter's name on the official registration list and on the
poll list or signature pollbook. If the provisional ballot is
not counted pursuant to division (B)(4)(a)(i), (v), or (vi) of
section 3505.183 of the Revised Code, the voter's registration
shall be canceled. The board shall notify the voter by United
States mail of the cancellation.
(3) If a notice of the disposition of an otherwise valid
registration application is sent by nonforwardable mail and is
returned undelivered, the person shall be registered as provided
in division (C)(2) of this section and sent a confirmation
notice by forwardable mail. If the person fails to respond to
the confirmation notice, update the person's registration, or
vote by provisional ballot as provided in division (C)(2) of
this section in any election during the period of two federal
elections subsequent to the mailing of the confirmation notice,
the person's registration shall be canceled.
Sec. 3503.20. (A) The secretary of state shall establish a
secure online voter registration system. The system shall
provide for all of the following:
(1) An applicant to submit a voter registration
application to the secretary of state online through the
internet;
(2) The online applicant to be registered to vote, if all
of the following apply:
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2146 H. B. No. 233 Page 75
As Introduced
(a) The application contains all of the following
information:
(i) The applicant's name;
(ii) The applicant's address;
(iii) The applicant's date of birth;
(iv) The last four digits of the applicant's social
security number;
(v) The applicant's Ohio driver's license number or the
number of the applicant's state identification card issued under
section 4507.50 of the Revised Code.
(b) The applicant's name, address, and date of birth, the
last four digits of the applicant's social security number, and
the applicant's Ohio driver's license number or the number of
the applicant's state identification card as they are provided
in the application are not inconsistent with the information on
file with the bureau of motor vehicles;
(c) The applicant is a United States citizen, will have
lived in this state for thirty days immediately preceding the
next election, will be at least eighteen years of age on or
before the day of the next general election, and is otherwise
eligible to register to vote;
(d) The applicant attests to the truth and accuracy of the
information submitted in the online application under penalty of
election falsification.
(B) If an individual registers to vote or a registered
elector updates the elector's name, address, or both under this
section, the secretary of state shall obtain an electronic copy
of the applicant's or elector's signature that is on file with
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2174 H. B. No. 233 Page 76
As Introduced
the bureau of motor vehicles. That electronic signature shall be
used as the applicant's or elector's signature on voter
registration records, for all election and signature-matching
purposes.
(C) The secretary of state shall employ whatever security
measures the secretary of state considers necessary to ensure
the integrity and accuracy of voter registration information
submitted electronically pursuant to this section. Errors in
processing voter registration applications in the online system
shall not prevent an applicant from becoming registered or from
voting.
(D) The online voter registration application established
under division (A) of this section shall include both of the
following:
(1) An option for the voter to provide the voter's former
residence address or addresses, if the voter is currently
registered to vote at another address;
(2) The following language:
"By clicking the box below, I affirm all of the following
under penalty of election falsification , which is a felony of
the fifth degree:
(1) (a) I am the person whose name and identifying
information is provided on this form, and I desire to register
to vote, or update my voter registration, in the State of Ohio.
(2) (b) All of the information I have provided on this
form is true and correct as of the date I am submitting this
form.
(3) (c) I am a United States citizen.
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2202 H. B. No. 233 Page 77
As Introduced
(4) (d) I will have lived in Ohio for thirty days
immediately preceding the next election.
(5) (e) I will be at least eighteen years of age on or
before the day of the next general election.
(6) (f) I authorize the Bureau of Motor Vehicles to
transmit to the Ohio Secretary of State my signature that is on
file with the Bureau of Motor Vehicles, and I understand and
agree that the signature transmitted by the Bureau of Motor
Vehicles will be used by the Secretary of State to validate this
electronic voter registration application as if I had signed
this form personally.
(g) I understand that if I am registered to vote at any
other address, the election officials will be notified of my
change of address.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE. "
In order to register to vote or update a voter
registration under division (A) of this section, an applicant or
elector shall be required to mark the box in the online voter
registration application that appears in conjunction with the
previous statement.
(E) The online voter registration process established
under division (A) of this section shall be in operation and
available for use by individuals who wish to register to vote or
update their voter registration information online not earlier
than January 1, 2017. During the period beginning on the first
day after the close of voter registration before an election and
ending on the day of the election, the online voter registration
system shall display a notice indicating that the applicant will
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2231 H. B. No. 233 Page 78
As Introduced
not be registered to vote for the purposes of that election.
(F) Notwithstanding section 1.50 of the Revised Code, if
any provision of this section or of division (E) of section
3503.14 of the Revised Code is held invalid, or if the
application of any provision of this section or of that division
to any person or circumstance is held invalid, then this section
and that division cease to operate.
Sec. 3503.201. (A)(1) When the board of elections receives
a voter registration application or a notice of change of
address or change of name, if the form is complete and the board
is satisfied as to the truth of the statements made in the form,
the board shall register the applicant or update the applicant's
registration.
(2) If the form is incomplete, the board promptly shall
send the applicant a notice that specifies the information
necessary to complete or update the applicant's registration.
(3) If the board determines that the applicant appears not
to be eligible to vote, the board shall reject the form and
refer the matter to the prosecuting attorney of the county for
investigation.
(B)(1) Except as otherwise provided in divisions (B)(2)
and (3) of this section, upon registering an elector or updating
an elector's registration, the board shall mark the elector's
registration record, the official registration list, and the
poll list or signature pollbook to indicate that the elector
must vote by provisional ballot because the applicant's
citizenship has not been verified.
(2) Division (B)(1) of this section does not apply to an
elector if the statewide voter registration database indicates
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2260 H. B. No. 233 Page 79
As Introduced
that the elector's citizenship has been verified.
(3) Division (B)(1) of this section does not prohibit a
uniformed services or overseas absent voter from voting in a
general election for federal office using a federal write-in
absentee ballot as permitted under division (C) of section
3511.14 of the Revised Code.
(C)(1) The board shall register an applicant or update the
applicant's registration under division (A)(1) of this section
not later than twenty business days after receiving the
application, unless that application is received during the
thirty days immediately preceding the day of an election, and
promptly shall send the applicant an acknowledgment notice.
(2) The acknowledgment notice shall include all of the
following information:
(a) The fact that the elector has been registered to vote
or has had the elector's registration updated, as applicable;
(b) The precinct in which the elector is to vote;
(c) In bold type as follows:
"Voters must bring photo identification to the polls in
order to verify identity. Voters who do not provide photo
identification will still be able to vote by casting a
provisional ballot."
(d) Whether the elector's United States citizenship has
been verified;
(e) If the elector's United States citizenship has not
been verified, the fact that the elector will be required to
provide proof of citizenship to the board in order to cast a
regular ballot and the manner in which the elector may do so
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As Introduced
under section 3503.202 of the Revised Code.
(3) The board shall send the acknowledgment notice by
nonforwardable mail. If the acknowledgment notice is returned to
the board as undeliverable, it shall investigate and cause the
acknowledgment notice to be delivered to the correct address.
(4) If, after investigating as required under division (C)
(3) of this section, the board is unable to verify the elector's
correct address, it shall proceed under section 3503.202 of the
Revised Code.
(D) Upon receiving a report from the secretary of state
under section 3503.152 of the Revised Code, indicating that the
secretary of state has verified that the applicant is a United
States citizen, the board shall do all of the following:
(1) Indicate in the elector's registration record that the
elector's United States citizenship has been verified;
(2) Remove the indication that the elector must vote by
provisional ballot. If the board receives the report during the
period beginning on the forty-sixth day before an election and
ending on the day before the day of the election, the board
shall remove the indication as soon as possible after receiving
the report.
(3) Notify the elector, on a form prescribed by the
secretary of state, that the elector's United States citizenship
has been verified. The notice required under this division may
be included in the acknowledgment notice described under
division (C) of this section if the board has not yet sent the
elector an acknowledgment notice.
Sec. 3503.202. (A)(1) When any of the following occur, the
board of elections shall send the elector a confirmation notice
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2317 H. B. No. 233 Page 81
As Introduced
and, if the board's records are not already so marked, shall
mark the elector's registration record, the official
registration list, and the poll list or signature pollbook to
indicate that the elector must vote by provisional ballot and
the reason the elector must do so:
(a) The board determines that it is unable to verify an
elector's residence address, as described in division (C)(4) of
section 3503.201 of the Revised Code.
(b) The board receives a report from the secretary of
state under division (E) of section 3503.151 of the Revised Code
indicating that the board must verify the elector's residence
address, unless it is apparent to the board that the elector is
a participant in the address confidentiality program described
in sections 111.41 to 111.99 of the Revised Code or is a
designated public service worker as described in section 149.43
of the Revised Code.
Upon receiving notice in a subsequent report under this
division that an elector's residence address in the records of
the bureau of motor vehicles has been updated to match the
elector's residence address in the voter registration record,
the board shall remove the indication that the elector must vote
by provisional ballot under this division and shall notify the
elector, on a form prescribed by the secretary of state, that
the elector's residence address has been verified.
(c) The board receives a report from the secretary of
state under division (E) of section 3503.151 of the Revised Code
indicating that the board must verify the elector's Ohio
driver's license or state identification card number.
(d) The board receives a report from the secretary of
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2346 H. B. No. 233 Page 82
As Introduced
state under division (E) of section 3503.151 of the Revised Code
indicating that the board must verify the last four digits of
the elector's social security number.
(e) The board receives a report from the secretary of
state under section 3503.152 of the Revised Code indicating that
the board must verify the elector's United States citizenship.
If, within fourteen days after the confirmation notice is sent,
the elector does not provide valid proof of citizenship to the
board under division (B) or (D) of this section or cancel the
elector's registration, the board shall send the elector a
second confirmation notice. Upon receiving notice in a
subsequent report under section 3503.152 of the Revised Code
that the secretary of state has verified that the elector is a
United States citizen, the board shall do all of the following:
(i) Indicate in the elector's registration record that the
elector's United States citizenship has been verified;
(ii) Remove the indication that the elector must vote by
provisional ballot under division (A)(1)(e) of this section;
(iii) Notify the elector, on a form prescribed by the
secretary of state, that the elector's United States citizenship
has been verified.
(2) A confirmation notice sent to an elector under
division (A)(1) of this section shall include all of the
following:
(a) The information the board must verify;
(b) The manner in which the elector may provide the
required information to the board before the elector next
appears to vote, as described in division (B) of this section,
or when casting a provisional ballot, as described in division
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2375 H. B. No. 233 Page 83
As Introduced
(D) of this section;
(c) The date by which the elector must provide the
required information to the board in order to avoid having the
elector's registration canceled under division (C)(2) of section
3503.152 or division (A)(7) of section 3503.21 of the Revised
Code, as applicable.
(B) An elector whose registration record has been marked
under division (A) of this section or division (B)(1) of section
3503.201 of the Revised Code to indicate that the elector must
cast a provisional ballot is not required to cast a provisional
ballot if, before the elector next appears to vote, the elector
does the following, as applicable:
(1) Provides a valid residence address to the board, if
the board must verify the elector's residence address;
(2) Provides one of the following to the board, if the
board must verify the elector's Ohio driver's license or state
identification card number:
(a) An Ohio driver's license or state identification card
number that exists in the records of the bureau of motor
vehicles and is associated with the elector's first name, last
name, and date of birth, as confirmed by the secretary of state;
(b) A correction to the elector's first name, last name,
or date of birth in the elector's registration record such that
the number in the elector's registration record meets the
requirements of division (B)(2)(a) of this section, as confirmed
by the secretary of state.
(3) Provides one of the following to the board, if the
board must verify the last four digits of the elector's social
security number:
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As Introduced
(a) The last four digits of a social security number that
exists in the records of the United States social security
administration and is associated with the elector's first name,
last name, and date of birth, as confirmed by the secretary of
state;
(b) A correction to the elector's first name, last name,
or date of birth in the elector's registration record such that
the last four digits of the elector's social security number in
the elector's registration record meets the requirements of
division (B)(3)(a) of this section, as confirmed by the
secretary of state.
(4) Provides proof of citizenship to the board, if the
board must verify the elector's United States citizenship. The
board shall transmit an electronic copy of the elector's proof
of citizenship to the secretary of state in a secure manner
prescribed by the secretary of state, and the secretary of state
shall confirm whether the elector's proof of citizenship is
valid.
(C) When the board has verified all of the information the
board is required to verify concerning an elector under division
(B) of this section, the board shall correct or update the
elector's registration, as applicable, and shall remove the
indication that the elector must vote by provisional ballot.
(D)(1)(a) Except as otherwise provided in divisions (B)
and (D)(1)(b) of this section, at the first election at which an
elector whose registration record is marked to indicate that the
elector must vote by provisional ballot under this section or
section 3503.201 of the Revised Code appears to vote, the
elector shall vote by provisional ballot.
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2433 H. B. No. 233 Page 85
As Introduced
(b) Division (D)(1)(a) of this section does not prohibit a
uniformed services or overseas absent voter who is required to
cast a provisional ballot under division (B)(1) of section
3503.201 of the Revised Code, but for no other reason, from
voting in a general election for federal office using a federal
write-in absentee ballot as permitted under division (C) of
section 3511.14 of the Revised Code.
(2) In order for the elector's provisional ballot to be
eligible to be counted, in addition to meeting all other
requirements described in division (B)(3) of section 3505.183 of
the Revised Code, the elector shall provide the applicable
required information as described in division (B) of this
section on or attached to the provisional ballot affirmation, or
shall appear in person at the office of the board within four
days after the day of the election and provide that information.
(3) If the elector's provisional ballot is counted
pursuant to division (B)(3) of section 3505.183 of the Revised
Code and division (D)(2) of this section, the board shall
correct or update the elector's registration, as applicable, and
shall remove the indication that the elector must vote by
provisional ballot.
(4) If the provisional ballot is not counted pursuant to
division (B)(4)(a)(i), (v), or (vi) of section 3505.183 of the
Revised Code or division (D)(2) of this section, the board shall
cancel the elector's registration and shall notify the elector
by United States mail of the cancellation. The notice shall
inform the elector that the elector may again register to vote
if the elector is eligible to do so.
Sec. 3503.21. (A) The registration of a registered elector
shall be canceled upon the occurrence of any of the following:
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2463 H. B. No. 233 Page 86
As Introduced
(1) The filing by a registered elector of a written
request with a board of elections or the secretary of state, on
a form prescribed by the secretary of state and signed by the
elector, that the registration be canceled. The filing of such a
request does not prohibit an otherwise qualified elector from
reregistering to vote at any time.
(2) The filing of a notice of the death of a registered
elector as provided in section 3503.18 of the Revised Code;
(3) The filing with the board of elections of a certified
copy of the death certificate of a registered elector by the
deceased elector's spouse, parent, or child, by the
administrator of the deceased elector's estate, or by the
executor of the deceased elector's will;
(4) The conviction of the registered elector of a felony
under the laws of this state, any other state, or the United
States as provided in section 2961.01 of the Revised Code;
(5) The adjudication of incompetency of the registered
elector for the purpose of voting as provided in section
5122.301 of the Revised Code;
(6) The change of residence of the registered elector to a
location outside the county of registration in accordance with
division (B) of this section or as described in section 3503.33
of the Revised Code;
(7) The failure of the registered elector, after having
been mailed a confirmation notice, to do either of the
following:
(a) Respond to such a notice and vote at least once during
a period of four consecutive years, which period shall include
two general federal elections;
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2492 H. B. No. 233 Page 87
As Introduced
(b) Update the elector's registration and vote at least
once during a period of four consecutive years, which period
shall include two general federal elections.
(8) The receipt by the board of elections of a
cancellation notice or request pursuant to section 111.44 of the
Revised Code;
(9) The circumstances described in division (C)(2) of
section 3503.152 of the Revised Code;
(10) The circumstances described in division (D)(4) of
section 3503.202 of the Revised Code .
(B)(1) The secretary of state shall prescribe procedures
to transfer a registrant's voter registration information when
the registrant moves from one county to another within this
state and updates the registrant's voter registration, as
described in section 3503.33 of the Revised Code, and to
identify and cancel the registration in a prior county of
residence of any registrant who changes the registrant's voting
residence to a location outside the registrant's current county
of registration without updating the registrant's voter
registration. Any procedures prescribed in this division shall
be uniform and nondiscriminatory, and shall comply with the
Voting Rights Act of 1965. The secretary of state may prescribe
procedures under this division that include the use of the
national change of address service provided by the United States
postal system through its licensees. Any program so prescribed
shall be completed not later than ninety days prior to the date
of any primary or general election for federal office.
(2) The registration of any elector identified as having
changed the elector's voting residence to a location outside the
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2521 H. B. No. 233 Page 88
As Introduced
elector's current county of registration without updating the
elector's registration shall not be canceled unless the
registrant is sent a confirmation notice on a form prescribed by
the secretary of state and the registrant fails to respond to
the confirmation notice or otherwise update the registration and
fails to vote in any election during the period of two federal
elections subsequent to the mailing of the confirmation notice.
(C) The registration of a registered elector shall not be
canceled except as provided in this section, section 111.44 or
3503.33 of the Revised Code, or division (Q) of section 3501.05
of the Revised Code, division (C)(2) of section 3503.152,
division (C)(2) (D)(4) of section 3503.19 of the Revised Code
3503.202, or division (C) of section 3503.24 of the Revised
Code.
(D) Boards of elections shall send their voter
registration information to the secretary of state as required
under section 3503.15 of the Revised Code. The secretary of
state may prescribe by rule adopted pursuant to section 111.15
of the Revised Code the format in which the boards of elections
must send that information to the secretary of state. In the
first quarter of each year, the secretary of state shall send
the information to the national change of address service
described in division (B) of this section and request that
service to provide the secretary of state with a list of any
voters sent by the secretary of state who have moved within the
last twelve months. The secretary of state shall transmit to
each appropriate board of elections whatever lists the secretary
of state receives from that service. The board shall send a
notice to each person on the list transmitted by the secretary
of state requesting confirmation of the person's change of
address, together with a postage prepaid, preaddressed return
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2552 H. B. No. 233 Page 89
As Introduced
envelope containing a form on which the voter may verify or
correct the change of address information.
(E) The registration of a registered elector described in
division (A)(7) or (B)(2) of this section shall be canceled not
later than one hundred twenty days after the date of the second
general federal election in which the elector fails to vote or
not later than one hundred twenty days after the expiration of
the four-year period in which the elector fails to vote or
respond to a confirmation notice, whichever is later.
(F)(1) When a registration is canceled pursuant to
division (A)(2) or (3) of this section, the applicable board of
elections shall send a written notice, on a form prescribed by
the secretary of state, to the address at which the elector was
registered, informing the recipient that the elector's
registration has been canceled, of the reason for the
cancellation, and that if the cancellation was made in error,
the elector may contact the board of elections to correct the
error.
(2) If the elector's registration is canceled pursuant to
division (A)(2) or (3) of this section in error, it shall be
restored and treated as though it were never canceled.
Sec. 3503.33. If an elector applying for registration is
already registered in another state or in another county within
this state, the elector shall declare this fact to the
registration officer and shall sign an authorization to cancel
or transfer the elector's previous registration on a form
prescribed by the secretary of state . If the elector does not
sign such an authorization, the elector's registration
application authorizes the transfer of the elector's previous
registration from one county to another within this state or the
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2582 H. B. No. 233 Page 90
As Introduced
cancellation of the elector's registration in the elector's
previous state of residence, as applicable .
The In the case of an elector who moves from one county to
another within this state, the director of the board of
elections shall mail all such authorizations transmit a copy of
the elector's new registration form and any accompanying
authorization form to the board of elections or comparable
agency of the proper state and county of the elector's former
registration. Upon the receipt of this authorization the
registration form and any accompanying authorization form from
the forwarding county, the director of a the board of elections
in Ohio, upon a comparison of the elector's signature with the
elector's signature as it appears on the registration files,
shall remove the elector's former registration from the files,
transfer the information in it to the board of elections of the
elector's new county, and place it with the cancellation
authorization new registration form and any accompanying
authorization form in a separate file which shall be kept for a
period of two calendar years. The board shall notify the elector
at the present address as shown on the cancellation
authorization that his registration has been canceled.
In the case of an elector who moves into this state, the
director of the board of elections shall transmit a copy of the
elector's new registration form and any accompanying
authorization form to the chief election official of the state
of the elector's former registration.
Sec. 3505.181. (A) All of the following individuals shall
be permitted to cast a provisional ballot at an election:
(1) An individual who declares that the individual is a
registered voter in the precinct in which the individual desires
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2612 H. B. No. 233 Page 91
As Introduced
to vote and that the individual is eligible to vote in an
election, but the name of the individual does not appear on the
official list of eligible voters for the precinct or an election
official asserts that the individual is not eligible to vote;
(2) An individual who does not have or is unable to
provide photo identification to the election officials;
(3) An individual whose name in the poll list or signature
pollbook has been marked under section 3509.09 or 3511.13 of the
Revised Code as having requested an absent voter's ballot or a
uniformed services or overseas absent voter's ballot for that
election and who appears to vote at the polling place;
(4) An individual whose notification of registration has
been returned undelivered to the board of elections and whose
name in the official registration list and in the poll list or
signature pollbook has been marked under division (C)(2) of
section 3503.19 3503.201 or 3503.202 of the Revised Code, except
as otherwise provided in division (C) of section 3511.14 of the
Revised Code;
(5) An individual who has been successfully challenged
under section 3505.20 or 3513.20 of the Revised Code;
(6) An individual who changes the individual's name and
remains within the precinct without providing proof of that name
change under division (B)(1)(b) of section 3503.16 of the
Revised Code, moves from one precinct to another within a
county, moves from one precinct to another within a county and
changes the individual's name, or moves from one county to
another within the state, and completes and signs the required
forms and statements under as described in division (B) or (C)
of section 3503.16 of the Revised Code;
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2641 H. B. No. 233 Page 92
As Introduced
(7) An individual whose signature, in the opinion of the
precinct officers under section 3505.22 of the Revised Code, is
not that of the person who signed that name in the registration
forms.
(B) An individual who is eligible to cast a provisional
ballot under division (A) of this section shall be permitted to
cast a provisional ballot as follows:
(1) An election official at the polling place shall notify
the individual that the individual may cast a provisional ballot
in that election.
(2) Except as otherwise provided in division (F) of this
section, the individual shall complete and execute a written
affirmation before an election official at the polling place
stating that the individual is both of the following:
(a) A registered voter in the precinct in which the
individual desires to vote;
(b) Eligible to vote in that election.
(3) An election official at the polling place shall
transmit the ballot cast by the individual and the voter
information contained in the written affirmation executed by the
individual under division (B)(2) of this section to an
appropriate local election official for verification under
division (B)(4) of this section.
(4) If the appropriate local election official to whom the
ballot or voter or address information is transmitted under
division (B)(3) of this section determines that the individual
is eligible to vote, the individual's provisional ballot shall
be counted as a vote in that election.
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2669 H. B. No. 233 Page 93
As Introduced
(5)(a) At the time that an individual casts a provisional
ballot, the appropriate local election official shall give the
individual written information that states that any individual
who casts a provisional ballot will be able to ascertain under
the system established under division (B)(5)(b) of this section
whether the vote was counted, and, if the vote was not counted,
the reason that the vote was not counted.
(b) The appropriate state or local election official shall
establish a free access system, in the form of a toll-free
telephone number, that any individual who casts a provisional
ballot may access to discover whether the vote of that
individual was counted, and, if the vote was not counted, the
reason that the vote was not counted. The free access system
established under this division also shall provide to an
individual whose provisional ballot was not counted information
explaining how that individual may contact the board of
elections to register to vote or to resolve problems with the
individual's voter registration.
The appropriate state or local election official shall
establish and maintain reasonable procedures necessary to
protect the security, confidentiality, and integrity of personal
information collected, stored, or otherwise used by the free
access system established under this division. The system shall
permit an individual only to gain access to information about
the individual's own provisional ballot.
(6) If, at the time that an individual casts a provisional
ballot, the individual provides photo identification, the
individual shall record the type of identification provided on
the provisional ballot affirmation and, if the individual
provides an Ohio driver's license, state identification card, or
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2699 H. B. No. 233 Page 94
As Introduced
interim identification document, the individual also shall write
the individual's driver's license or state identification card
number on the provisional ballot affirmation.
(7)(a) For a provisional ballot to be eligible to be
counted when it is cast by an individual who does not have photo
identification because the individual has a religious objection
to being photographed, the individual shall complete an
affidavit of religious objection under section 3505.19 of the
Revised Code. The election officials shall attach the affidavit
to the individual's provisional ballot envelope. If the
individual does not complete the affidavit at the time of
casting the provisional ballot, the individual may appear at the
office of the board of elections within four days after the day
of the election and complete the affidavit.
(b) For a provisional ballot to be eligible to be counted
when it is cast by any other individual who does not have or is
unable to provide photo identification to the election
officials, the individual who cast that ballot, within four days
after the day of the election, shall appear at the office of the
board of elections and provide photo identification.
(8) For a provisional ballot cast by an individual who has
been successfully challenged under section 3505.20 of the
Revised Code to be eligible to be counted, the individual who
cast that ballot, within four days after the day of that
election, shall provide to the board of elections any
identification or other documentation required to be provided by
the applicable challenge questions asked of that individual
under section 3505.20 of the Revised Code.
(C)(1) If an individual declares that the individual is
eligible to vote in a precinct other than the precinct in which
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2729 H. B. No. 233 Page 95
As Introduced
the individual desires to vote, or if, upon review of the
precinct voting location guide using the residential street
address provided by the individual, an election official at the
precinct at which the individual desires to vote determines that
the individual is not eligible to vote in that precinct, the
election official shall direct the individual to the precinct
and polling place in which the individual appears to be eligible
to vote, explain that the individual may cast a provisional
ballot at the current location but the ballot or a portion of
the ballot will not be counted if it is cast in the wrong
precinct, and provide the telephone number of the board of
elections in case the individual has additional questions.
(2) If the individual refuses to travel to the correct
precinct or to the office of the board of elections to cast a
ballot, the individual shall be permitted to vote a provisional
ballot at that precinct in accordance with division (B) of this
section. If the individual is in the correct polling location
for the precinct in which the individual is registered and
eligible to vote, the election official shall complete and sign,
under penalty of election falsification, a form that includes
all of the following, and attach the form to the individual's
provisional ballot affirmation:
(a) The name or number of the individual's correct
precinct;
(b) A statement that the election official instructed the
individual to travel to the correct precinct to vote;
(c) A statement that the election official informed the
individual that casting a provisional ballot in the wrong
precinct would result in all or a portion of the votes on the
ballot being rejected;
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2759 H. B. No. 233 Page 96
As Introduced
(d) The name or number of the precinct in which the
individual is casting a provisional ballot; and
(e) The name of the polling location in which the
individual is casting a provisional ballot.
(D) The appropriate local election official shall cause
voting information to be publicly posted at each polling place
on the day of each election.
(E) As used in this section and sections 3505.182 and
3505.183 of the Revised Code:
(1) "Precinct voting location guide" means either of the
following:
(a) An electronic or paper record that lists the correct
precinct and polling place for either each specific residential
street address in the county or the range of residential street
addresses located in each neighborhood block in the county;
(b) Any other method that a board of elections creates
that allows a precinct election official or any elector who is
at a polling place in that county to determine the correct
precinct and polling place of any qualified elector who resides
in the county.
(2) "Voting information" means all of the following:
(a) A sample version of the ballot that will be used for
that election;
(b) Information regarding the date of the election and the
hours during which polling places will be open;
(c) Instructions on how to vote, including how to cast a
vote and how to cast a provisional ballot;
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2786 H. B. No. 233 Page 97
As Introduced
(d) Instructions for mail-in registrants and first-time
voters under applicable federal and state laws;
(e) General information on voting rights under applicable
federal and state laws, including information on the right of an
individual to cast a provisional ballot and instructions on how
to contact the appropriate officials if these rights are alleged
to have been violated;
(f) General information on federal and state laws
regarding prohibitions against acts of fraud and
misrepresentation.
(F) Nothing in this section or section 3505.183 of the
Revised Code is in derogation of section 3505.24 of the Revised
Code, which permits a blind, disabled, or illiterate elector to
receive assistance in the marking of the elector's ballot by two
precinct election officials of different political parties. A
blind, disabled, or illiterate elector may receive assistance in
marking that elector's provisional ballot and in completing the
required affirmation in the same manner as an elector may
receive assistance on the day of an election under that section.
Sec. 3505.182. Each individual who casts a provisional
ballot under section 3505.181 of the Revised Code shall execute
a written affirmation. The form of the written affirmation shall
be printed upon the face of the provisional ballot envelope and
shall be as follows:
"Provisional Ballot Affirmation
(A) Clearly print your full name: ___________________
(B) Write your date of birth: _______________________
(C)(1) Write your current address: __________________
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2814 H. B. No. 233 Page 98
As Introduced
_____________________________________________________
(2) Have you moved without updating your voter
registration?:
Yes ______ No ______
If yes, write your former address: __________________
_____________________________________________________
Failure to provide your former address will not cause your
provisional ballot to be rejected.
(D)(1) You must show photo identification to the election
official that includes your name and photograph and is not
expired. Check the type of photo identification you provided:
______ An Ohio driver's license or state identification
card or an interim identification form issued by the Bureau of
Motor Vehicles. If you showed your Ohio driver's license or
state identification card or an interim identification form,
write your full driver's license or state identification card
number: ________________________
______ A United States passport or passport card;
______ A United States military identification card, Ohio
national guard identification card, or United States department
of veterans affairs identification card.
(2) If you do not have photo identification because you
have a religious objection to being photographed, complete an
affidavit of religious objection. The precinct election official
will attach it to the provisional ballot envelope.
(3) If you did not show photo identification to the
election official or complete an affidavit of religious
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2841 H. B. No. 233 Page 99
As Introduced
objection, you must appear at the office of the board of
elections during the four days after the election and provide
photo identification or complete an affidavit of religious
objection for your vote to be eligible to be counted.
(4) If Complete this section if you need to update your
voter registration, you may provide additional information
below. This information will not be used for ballot counting
purposes or if you need to verify the identification you used to
register to vote. If you need to verify your identification and
you do not provide the needed information on this form, you must
provide the information to the board of elections on or before
the fourth day following this election in order for your ballot
to be eligible to be counted.
Write your full Ohio driver's license or state
identification card number: ________________________
Write the last four digits of your Social Security number:
_______________
(5) If you are casting a provisional ballot because you
need to provide proof of citizenship, either write your full
Ohio driver's license or state identification card number above
or attach proof of citizenship to the outside of this envelope.
If you do not provide proof of citizenship at this time, you
must provide proof of citizenship to the board of elections on
or before the fourth day following this election in order for
your ballot to be eligible to be counted.
"Proof of citizenship" means evidence that you are a
United States citizen, in the form of one of the following:
(a) The number of your current or expired Ohio driver's
license or state identification card or a copy of the front and
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2870 H. B. No. 233 Page 100
As Introduced
back of your current or expired Ohio driver's license, state
identification card, or interim identification form, if you have
submitted documentation to the bureau of motor vehicles
indicating that you are a United States citizen;
(b) A copy of the front and back of a current or expired
driver's license or nondriver identification card issued by
another state within the United States, if the issuing agency
indicates on the license or card that you are a United States
citizen;
(c) A copy of a birth certificate, certification of report
of birth, or consular report of birth abroad;
(d) A copy of the identification page of a current or
expired United States passport;
(e) A copy of the front and back of a United States
passport card;
(f) A copy of a certificate of naturalization or
certificate of citizenship.
If the name on your proof of citizenship is different from
your current legal name, you must also provide proof of your
change of name, such as a copy of a marriage license or court
order.
(E) If your right to vote has been challenged, you must
provide any required additional information to the board of
elections on or before the seventh fourth day following this
election.
(F) Sign and date the following statement:
I solemnly swear or affirm that I am a citizen of the
United States; that I will be at least 18 years of age at the
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2898 H. B. No. 233 Page 101
As Introduced
time of the general election; that I have lived in this state
for 30 days immediately preceding this election in which I am
voting this ballot; that I am a registered voter in the precinct
in which I am voting this provisional ballot; and that I am
eligible to vote in the election in which I am voting this
provisional ballot; and that I will not vote or attempt to vote
at any other location or in any other manner for this particular
election.
I understand that, if the information I provide on this
provisional ballot affirmation is not fully completed and
correct, if the board of elections determines that I am not
registered to vote, a resident of this precinct, or eligible to
vote in this election, or if the board of elections determines
that I have already voted in this election, my provisional
ballot will not be counted. I understand that, if I am not
currently registered to vote or if I am not registered at my
current address or under my current name, this form will serve
as an application to register to vote or update my registration
for future elections, as long as I provide all of the
information required to register to vote or update my
registration. I further understand that knowingly providing
false information is a violation of law and subjects me to
possible criminal prosecution.
I hereby declare, under penalty of election falsification,
that the above statements are true and correct to the best of my
knowledge and belief.
________________________
Signature of Voter
________________________
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2927 H. B. No. 233 Page 102
As Introduced
Date
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE."
In addition to any information required to be included on
the written affirmation, an individual casting a provisional
ballot may provide additional information to the election
official to assist the board of elections in determining the
individual's eligibility to vote in that election, including the
date and location at which the individual registered to vote, if
known.
If the individual provided all of the information required
under section 3503.14 of the Revised Code to register to vote or
to update the individual's registration on the provisional
ballot affirmation, the board of elections shall consider the
individual's provisional ballot affirmation to also serve as a
notice of change of name, change of residence, or both, or as a
voter registration form, as applicable, for that individual only
for the purposes of future elections.
Sec. 3505.183. (A) When the ballot boxes are delivered to
the board of elections from the precincts, the board shall
separate the provisional ballot envelopes from the rest of the
ballots. Teams of employees of the board consisting of one
member of each major political party shall place the sealed
provisional ballot envelopes in a secure location within the
office of the board. The sealed provisional ballot envelopes
shall remain in that secure location until the validity of those
ballots is determined under division (B) of this section. While
the provisional ballot is stored in that secure location, and
prior to the counting of the provisional ballots, if the board
receives information regarding the validity of a specific
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2957 H. B. No. 233 Page 103
As Introduced
provisional ballot under division (B) of this section, the board
may note, on the sealed provisional ballot envelope for that
ballot, whether the ballot is valid and entitled to be counted.
(B)(1) To determine whether a provisional ballot is valid
and entitled to be counted, the board shall examine its records
and determine whether the individual who cast the provisional
ballot is registered and eligible to vote in the applicable
election. The board shall examine the information contained in
the written affirmation executed by the individual who cast the
provisional ballot under division (B)(2) of section 3505.181 of
the Revised Code or under section 3511.052 of the Revised Code,
as applicable. The following information shall be included in
the written affirmation in order for the provisional ballot to
be eligible to be counted:
(a) The individual's printed name, signature, date of
birth, and current address;
(b) A statement that the individual is a registered voter
in the precinct in which the provisional ballot is being voted;
(c) A statement that the individual is eligible to vote in
the election in which the provisional ballot is being voted.
(2) In addition to the information required to be included
in an affirmation under division (B)(1) of this section, in
determining whether a provisional ballot is valid and entitled
to be counted, the board also shall examine any additional
information for determining ballot validity provided by the
provisional voter on the affirmation, provided by the
provisional voter to an election official under section 3505.182
or 3511.052 of the Revised Code, or provided to the board of
elections during the four days after the day of the election
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2986 H. B. No. 233 Page 104
As Introduced
under division (B)(7) or (8) of section 3505.181 or 3511.052 of
the Revised Code, to assist the board in determining the
individual's eligibility to vote.
(3) If, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of this
section and comparing the information required under division
(B)(1) of this section with the individual's information in the
statewide voter registration database, the board determines that
all of the following apply, the provisional ballot envelope
shall be opened, and the ballot shall be placed in a ballot box
to be counted:
(a) The individual named on the affirmation is properly
registered to vote.
(b) The individual named on the affirmation is eligible to
cast a ballot in the precinct and for the election in which the
individual cast the provisional ballot.
(c) The individual provided all of the information
required under division (B)(1) of this section in the
affirmation that the individual executed at the time the
individual cast the provisional ballot.
(d) One of the following applies:
(i) The individual provided showed photo identification to
the election officials at the time of casting the provisional
ballot or appeared at the office of the board within four days
after the day of the election and provided photo identification
or, in the case of a provisional uniformed services or overseas
absent voter's ballot cast under section 3511.052 of the Revised
Code, the individual provided a copy of the individual's photo
identification with the provisional ballot or provided that copy
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3015 H. B. No. 233 Page 105
As Introduced
to the board of elections within four days after the day of the
election. If the individual provided showed the individual's
Ohio driver's license or state identification card or an interim
identification form to the election officials , the individual
provided the individual's driver's license number or state
identification card number and the number is not different from
the individual's driver's license number or state identification
card number contained in the statewide voter registration
database.
(ii) The individual completed an affidavit of religious
objection under section 3505.19 of the Revised Code at the time
of casting the provisional ballot or at the office of the board
within four days after the day of the election and the affidavit
is valid under that section.
(e) Except as otherwise provided in this division, the
month and day of the individual's date of birth are not
different from the day and month of the individual's date of
birth contained in the statewide voter registration database.
This division does not apply to an individual's
provisional ballot if either of the following is true:
(i) The individual's date of birth contained in the
statewide voter registration database is January 1, 1800.
(ii) The board of elections has found, by a vote of at
least three of its members, that the individual has met all
other requirements of division (B)(3) of this section.
(f) The individual's current address is not different from
the individual's address contained in the statewide voter
registration database, unless the individual indicated that the
individual is casting a provisional ballot because the
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3044 H. B. No. 233 Page 106
As Introduced
individual has moved and has not submitted a notice of change of
address, as described in division (A)(6) of section 3505.181 of
the Revised Code.
(g) If applicable, the individual provided any additional
information required under division (B)(8) of section 3505.181
of the Revised Code within four days after the day of the
election.
(h) If applicable, the individual provided the information
required under division (D)(2) of section 3503.202 of the
Revised Code on the provisional ballot affirmation or within
four days after the day of the election.
(4)(a) Except as otherwise provided in division (D) of
this section, if, in examining a provisional ballot affirmation
and additional information under divisions (B)(1) and (2) of
this section and comparing the information required under
division (B)(1) of this section with the individual's
information in the statewide voter registration database, the
board determines that any of the following applies, the
provisional ballot envelope shall not be opened, and the ballot
shall not be counted:
(i) The individual named on the affirmation is not
qualified or is not properly registered to vote.
(ii) The individual named on the affirmation is not
eligible to cast a ballot in the precinct or for the election in
which the individual cast the provisional ballot.
(iii) The individual did not provide all of the
information required under division (B)(1) of this section in
the affirmation that the individual executed at the time the
individual cast the provisional ballot.
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3073 H. B. No. 233 Page 107
As Introduced
(iv) The individual has already cast a ballot for the
election in which the individual cast the provisional ballot.
(v) If applicable, the individual did not provide any
additional information required under division (B)(8) of section
3505.181 of the Revised Code within four days after the day of
the election.
(vi) The individual failed to provide show photo
identification, failed to provide the individual's driver's
license or state identification card number if the individual
provided showed photo identification in the form of an Ohio
driver's license or state identification card or an interim
identification form, failed to provide a copy of the
individual's photo identification with the individual's
provisional uniformed services or overseas absent voter's ballot
or to provide that copy to the board of elections within four
days after the day of the election, or failed to complete an
affidavit of religious objection.
(vii) The individual failed to execute an affirmation
under division (B) of section 3505.181 of the Revised Code.
(viii) The individual provided showed photo identification
in the form of an Ohio driver's license or state identification
card or an interim identification form and the driver's license
number or state identification card number the individual
provided is different from the individual's driver's license
number or state identification card number contained in the
statewide voter registration database.
(ix) The individual completed an affidavit of religious
objection under section 3505.19 of the Revised Code, but the
affidavit is not valid under that section.
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3102 H. B. No. 233 Page 108
As Introduced
(x) Except as otherwise provided in this division, the
month and day of the individual's date of birth are different
from the day and month of the individual's date of birth
contained in the statewide voter registration database.
This division does not apply to an individual's
provisional ballot if either of the following is true:
(I) The individual's date of birth contained in the
statewide voter registration database is January 1, 1800.
(II) The board of elections has found, by a vote of at
least three of its members, that the individual has met all of
the requirements of division (B)(3) of this section, other than
the requirements of division (B)(3)(e) of this section.
(xi) The individual's current address is different from
the individual's address contained in the statewide voter
registration database, unless the individual indicated that the
individual is casting a provisional ballot because the
individual has moved and has not submitted a notice of change of
address, as described in division (A)(6) of section 3505.181 of
the Revised Code.
(xii) If applicable, the individual did not provide the
information required under division (D)(2) of section 3503.202
of the Revised Code on the provisional ballot affirmation or
within four days after the day of the election.
(b) If, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of this
section and comparing the information required under division
(B)(1) of this section with the individual's information in the
statewide voter registration database, the board is unable to
determine either of the following, the provisional ballot
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3131 H. B. No. 233 Page 109
As Introduced
envelope shall not be opened, and the ballot shall not be
counted:
(i) Whether the individual named on the affirmation is
qualified or properly registered to vote;
(ii) Whether the individual named on the affirmation is
eligible to cast a ballot in the precinct or for the election in
which the individual cast the provisional ballot.
(C) For each provisional ballot rejected under division
(B)(4) of this section, the board shall record the name of the
provisional voter who cast the ballot, the identification number
of the provisional ballot envelope, the names of the election
officials who determined the validity of that ballot, the date
and time that the determination was made, and the reason that
the ballot was not counted, unless the board has already
recorded that information in another database.
(D)(1) If an individual cast a provisional ballot in a
precinct in which the individual is not registered and eligible
to vote, but in the correct polling location for the precinct in
which the individual is registered and eligible to vote, and the
election official failed to direct the individual to the correct
precinct, the individual's ballot shall be remade under division
(D)(2) of this section. The election official shall be deemed to
have directed the individual to the correct precinct if the
election official correctly completed the form described in
division (C)(2) of section 3505.181 of the Revised Code.
(2) A board of elections that remakes a provisional ballot
under division (D)(1) of this section shall remake the
provisional ballot on a ballot for the appropriate precinct to
reflect the offices, questions, and issues for which the
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3160 H. B. No. 233 Page 110
As Introduced
individual was eligible to cast a ballot and for which the
individual attempted to cast a provisional ballot. The remade
ballot shall be counted for each office, question, and issue for
which the individual was eligible to vote.
(3) If an individual cast a provisional ballot in a
precinct in which the individual is not registered and eligible
to vote and in the incorrect polling location for the precinct
in which the individual is registered and eligible to vote, the
provisional ballot envelope shall not be opened, and the ballot
shall not be counted.
(E) Provisional ballots that are rejected under division
(B)(4) of this section shall not be counted but shall be
preserved in their provisional ballot envelopes unopened until
the time provided by section 3505.31 of the Revised Code for the
destruction of all other ballots used at the election for which
ballots were provided, at which time they shall be destroyed.
(F) Provisional ballots that the board determines are
eligible to be counted under division (B)(3) or (D) of this
section shall be counted in the same manner as provided for
other ballots under section 3505.27 of the Revised Code. No
provisional ballots shall be counted in a particular county
until the board determines the eligibility to be counted of all
provisional ballots cast in that county under division (B) of
this section for that election. Observers, as provided in
section 3505.21 of the Revised Code, may be present at all times
that the board is determining the eligibility of provisional
ballots to be counted and counting those provisional ballots
determined to be eligible. No person shall recklessly disclose
the count or any portion of the count of provisional ballots in
such a manner as to jeopardize the secrecy of any individual
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3190 H. B. No. 233 Page 111
As Introduced
ballot.
(G)(1) Except as otherwise provided in division (G)(2) of
this section, nothing in this section shall prevent a board of
elections from examining provisional ballot affirmations and
additional information under divisions (B)(1) and (2) of this
section to determine the eligibility of provisional ballots to
be counted during the seven days after the day of an election.
(2) A board of elections shall not examine the provisional
ballot affirmation and additional information under divisions
(B)(1) and (2) of this section of any provisional ballot cast by
an individual who must provide photo identification, complete an
affidavit of religious objection, or provide additional
information to the board of elections under division (B)(7) or
(8) of section 3505.181 or 3511.052 of the Revised Code for the
board to determine the individual's eligibility until the
individual does so or until the eighth day after the day of the
election, whichever is earlier.
Sec. 3505.20. Any person offering to vote may be
challenged at the polling place by any precinct election
official. If the board of elections has ruled on the question
presented by a challenge prior to election day, its finding and
decision shall be final, and the voting location manager shall
be notified in writing. If the board has not ruled, the question
shall be determined as set forth in this section. If any person
is so challenged as unqualified to vote, the voting location
manager shall tender the person the following oath: "You do
swear or affirm under penalty of election falsification that you
will fully and truly answer all of the following questions put
to you concerning your qualifications as an elector at this
election."
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3220 H. B. No. 233 Page 112
As Introduced
(A) If the person is challenged as unqualified on the
ground that the person is not a United States citizen, the
precinct election officials shall put the following questions:
(1) Are you a citizen of the United States?
(2) Are you a native or naturalized citizen?
(3) Where were you born?
(4) What official documentation do Do you possess to prove
proof of your United States citizenship? Please provide that
documentation.
If the person offering to vote claims to be a naturalized
citizen of the United States, the person shall, before the vote
is received, produce produces proof of citizenship for
inspection of the precinct election officials a certificate of
naturalization , other than the number of the person's Ohio
driver's license or state identification card, and declare
declares under oath that the person is the identical person
named in the certificate. If the person states under oath that,
by reason of the naturalization of the person's parents or one
of them, the person has become a citizen of the United States,
and when or where the person's parents were naturalized, the
certificate of naturalization need not be produced the person
shall be permitted to cast a regular ballot . If the person is
unable to provide a certificate of naturalization proof of
citizenship, other than the number of the person's Ohio driver's
license or state identification card, on the day of the
election, the precinct election officials shall provide to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code. The provisional ballot
shall not be counted unless it is properly completed and the
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3249 H. B. No. 233 Page 113
As Introduced
board of elections determines that the voter is properly
registered and eligible to vote in the election.
(B) If the person is challenged as unqualified on the
ground that the person has not resided in this state for thirty
days immediately preceding the election, the precinct election
officials shall put the following questions:
(1) Have you resided in this state for thirty days
immediately preceding this election? If so, where have you
resided?
(2) Did you properly register to vote?
(3) Can you provide some form of identification containing
your current mailing address in this precinct? Please provide
that identification.
(4) Have you voted or attempted to vote at any other
location in this or in any other state at this election?
(5) Have you applied for an absent voter's ballot in any
state for this election?
If the precinct election officials are unable to verify
the person's eligibility to cast a ballot in the election, the
precinct election officials shall provide to the person, and the
person may vote, a provisional ballot under section 3505.181 of
the Revised Code. The provisional ballot shall not be counted
unless it is properly completed and the board of elections
determines that the voter is properly registered and eligible to
vote in the election.
(C) If the person is challenged as unqualified on the
ground that the person is not a resident of the precinct where
the person offers to vote, the precinct election officials shall
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3277 H. B. No. 233 Page 114
As Introduced
put the following questions:
(1) Do you reside in this precinct?
(2) When did you move into this precinct?
(3) When you came into this precinct, did you come for a
temporary purpose merely or for the purpose of making it your
home?
(4) What is your current mailing address?
(5) Do you have some official identification containing
your current address in this precinct? Please provide that
identification.
(6) Have you voted or attempted to vote at any other
location in this or in any other state at this election?
(7) Have you applied for any absent voter's ballot in any
state for this election?
The precinct election officials shall direct an individual
who is not in the appropriate polling place to the appropriate
polling place. If the individual refuses to go to the
appropriate polling place, or if the precinct election officials
are unable to verify the person's eligibility to cast a ballot
in the election, the precinct election officials shall provide
to the person, and the person may vote, a provisional ballot
under section 3505.181 of the Revised Code. The provisional
ballot shall not be counted unless it is properly completed and
the board of elections determines that the voter is properly
registered and eligible to vote in the election.
(D) If the person is challenged as unqualified on the
ground that the person is not of legal voting age, the precinct
election officials shall put the following questions:
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3305 H. B. No. 233 Page 115
As Introduced
(1) Are you eighteen years of age or more?
(2) What is your date of birth?
(3) Do you have some official identification verifying
your age? Please provide that identification.
If the precinct election officials are unable to verify
the person's age and eligibility to cast a ballot in the
election, the precinct election officials shall provide to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code. The provisional ballot
shall not be counted unless it is properly completed and the
board of elections determines that the voter is properly
registered and eligible to vote in the election.
The voting location manager shall put such other questions
to the person challenged as are necessary to determine the
person's qualifications as an elector at the election. If a
person challenged refuses to answer fully any question put to
the person, is unable to answer the questions as they were
answered on the registration form by the person under whose name
the person offers to vote, or refuses to sign the person's name
or make the person's mark, or if for any other reason a majority
of the precinct election officials believes the person is not
entitled to vote, the precinct election officials shall provide
to the person, and the person may vote, a provisional ballot
under section 3505.181 of the Revised Code. The provisional
ballot shall not be counted unless it is properly completed and
the board of elections determines that the voter is properly
registered and eligible to vote in the election.
A qualified citizen who has certified the citizen's
intention to vote for president and vice-president as provided
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3334 H. B. No. 233 Page 116
As Introduced
by Chapter 3504. of the Revised Code shall be eligible to
receive only the ballot containing presidential and vice-
presidential candidates.
However, not later than the thirtieth day before the day
of an election and in accordance with section 3503.24 of the
Revised Code, any person qualified to vote may challenge the
right of any other person to be registered as a voter, or the
right to cast an absent voter's ballot, or to make application
for such ballot. Such challenge shall be made in accordance with
section 3503.24 of the Revised Code, and the board of elections
of the county in which the voting residence of the challenged
voter is situated shall make a final determination relative to
the legality of such registration or application.
Sec. 3509.02. (A) Any qualified elector may vote by cast
absent voter's ballots by mail at an election, unless the
elector is required to cast a provisional ballot under section
3505.181 of the Revised Code .
(B) Any qualified elector who is required to cast a
provisional ballot under section 3505.181 of the Revised Code
may cast a provisional ballot in person at the office of the
board of elections during the time for in-person absent voting
under section 3509.051 of the Revised Code.
(C) Any qualified elector who is unable to appear at the
office of the board of elections or, if pursuant to division (C)
of section 3501.10 of the Revised Code the board has designated
another location in the county at which registered electors may
vote, at that other location on account of personal illness,
physical disability, or infirmity, and who moves from one
precinct to another within a county, changes the elector's name
and moves from one precinct to another within a county, or moves
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3364 H. B. No. 233 Page 117
As Introduced
from one county to another county within the state, on or prior
to the day of a general, primary, or special election and has
not filed a notice of change of residence or change of name who
is located in the county in which the elector resides and would
be eligible to cast absent voter's ballots with the assistance
of two election officials under section 3509.08 of the Revised
Code, but is required to cast a provisional ballot under section
3505.181 of the Revised Code, may vote by absent voter's ballots
in that election cast a provisional ballot as specified in
division (G) (E) of section 3503.16 3509.08 of the Revised Code.
Sec. 3509.03. (A) Except as otherwise provided in sections
3509.051, 3511.02, and 3511.021 of the Revised Code, any
qualified elector desiring to vote absent voter's ballots at an
election shall deliver a written application for those ballots,
either in person or by mail, to the board of elections of the
county in which the elector's voting residence is located.
(B) Except as otherwise permitted under section 3511.02 of
the Revised Code and under division (C) of this section, the
application shall be on a form prescribed by the secretary of
state and shall contain all of the following:
(1) The elector's name;
(2) The elector's signature;
(3) The address at which the elector is registered to
vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's Ohio driver's license or state
identification card number ;
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3392 H. B. No. 233 Page 118
As Introduced
(b) The or, if the elector does not have an Ohio driver's
license or state identification card, the last four digits of
the elector's social security number ;
(c) A or a copy of the elector's photo identification .;
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the person requesting the ballots is
a qualified elector;
(8) If the request is for primary election ballots, the
elector's party affiliation;
(9) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed.
(C) If the elector has a confidential voter registration
record, as described in section 111.44 of the Revised Code, the
elector may provide the elector's program participant
identification number instead of the address at which the
elector is registered to vote.
(D) Except as otherwise provided in division (A) of
section 3509.051 and in division (B) of section 3509.08 of the
Revised Code, an application to receive absent voter's ballots
shall be delivered to the office of the board not earlier than
the first day of January of the year of the elections for which
the absent voter's ballots are requested or not earlier than
ninety days before the day of the election at which the ballots
are to be voted, whichever is earlier, and not later than the
close of business on the seventh day before the day of the
election at which the ballots are to be voted.
(E) Except as permitted under section 111.31 of the
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3420 H. B. No. 233 Page 119
As Introduced
Revised Code, no public office, and no public official or
employee who is acting in an official capacity, shall do either
of the following:
(1) Prepay the return postage for an application for
absent voter's ballots;
(2) Mail or otherwise deliver an unsolicited application
for absent voter's ballots to any person.
(F)(1) Except as otherwise provided in division (F)(2) of
this section and in sections 3505.24 and 3509.08 of the Revised
Code, no person shall preprint or fill out any portion of an
application for absent voter's ballots on behalf of an
applicant.
(2) The secretary of state or a board of elections may
preprint only an applicant's name and address on an application
for absent voter's ballots before mailing that application to
the applicant, except that if the applicant has a confidential
voter registration record, the secretary of state or a board of
elections shall not preprint the applicant's address on the
application.
(3) A completed application for absent voter's ballots is
not valid if any portion of it has been completed by any person
other than the applicant in violation of division (F) of this
section.
Sec. 3509.04. (A) If a board of elections receives an
application for absent voter's ballots that does not contain all
of the required information or is not submitted on an
appropriate form, the board promptly shall notify the applicant
of the additional information required to be provided by the
applicant to complete that application, direct the applicant to
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3449 H. B. No. 233 Page 120
As Introduced
use an appropriate form, or both, as applicable.
(B) Upon receipt by the board of elections of an
application for absent voter's ballots that contains all of the
required information and is submitted on an appropriate form, as
provided by section 3509.03 and division (G) of section 3503.16
of the Revised Code, the board, if the board finds that the
applicant is a qualified elector, shall deliver to the applicant
in person or mail directly to the applicant by special delivery
mail, air mail, or regular mail, postage prepaid, proper absent
voter's ballots. The board shall deliver or mail with the
ballots an unsealed identification envelope upon the face of
which shall be printed a form substantially as follows:
"Identification Envelope Statement of Voter
I, ________________________(Name of voter), declare under
penalty of election falsification that the within ballot or
ballots contained no voting marks of any kind when I received
them, and I caused the ballot or ballots to be marked, enclosed
in the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
________________________________________________________________
(Street and Number, if any, or Rural Route and Number)
of ________________________________ (City, Village, or Township)
Ohio, which is in Ward _____________ Precinct ________________
in that city, village, or township.
If I have a confidential voter registration record, I am
providing my program participant identification number instead
of my residence address: ________________________
The primary election ballots, if any, within this envelope
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3477 H. B. No. 233 Page 121
As Introduced
are primary election ballots of the _____________ Party.
Ballots contained within this envelope are to be voted at
the __________ (general, special, or primary) election to be
held on the __________________________ day of
______________________, ____.
My date of birth is _______________ (Month and Day),
__________ (Year).
(Voter must provide one of the following:)
My Ohio driver's license or state identification card
number is _______________ (Driver's license or state
identification card number).
(If the voter does not have an Ohio driver's license or
state identification card, the voter must provide one of the
following:)
The last four digits of my Social Security Number are
_______________ (Last four digits of Social Security Number).
______ In lieu of providing a driver's license or state
identification card number or the last four digits of my Social
Security Number, I am enclosing a copy of my photo
identification in the return envelope in which this
identification envelope will be mailed.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
_________________________
(Signature of Voter)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF
THE FIFTH DEGREE."
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3504 H. B. No. 233 Page 122
As Introduced
(C)(1) The board shall mail with the ballots and the
unsealed identification envelope an unsealed return envelope
upon the face of which shall be printed the post-office address
of the board. In the upper left corner on the face of the return
envelope, several blank lines shall be printed upon which the
voter may write the voter's name and return address. The return
envelope shall be of such size that the identification envelope
can be conveniently placed within it for returning the
identification envelope to the board.
(2) The board shall include on the return envelope a bar
code associated with the intelligent mail bar code tracing
service offered by the United States postal service, or a
marking associated with a successor mail tracing service offered
by the United States postal service, that permits the board to
perform origin tracing on the return envelope to determine when
the return envelope was submitted to the United States postal
service for mailing. The board shall obtain any necessary
equipment or software needed to perform origin tracing under
division (E)(2) of section 3509.05 of the Revised Code.
(D) No public office, and no public official or employee
who is acting in an official capacity, shall prepay the return
postage for any absent voter's ballots.
(E) Except as otherwise provided in this section and in
sections 3505.24 and 3509.08 of the Revised Code, an election
official shall not fill out any portion of an identification
envelope statement of voter or an absent voter's ballot on
behalf of an elector. A board of elections may preprint only an
elector's name and address on an identification envelope
statement of voter before mailing absent voter's ballots to the
elector, except that if the elector has a confidential voter
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3534 H. B. No. 233 Page 123
As Introduced
registration record, as described in section 111.44 of the
Revised Code, the board of elections shall not preprint the
elector's address on the identification envelope statement of
voter.
Sec. 3509.05. (A) When an elector receives an absent
voter's ballot pursuant to the elector's application or request,
the elector shall, before placing any marks on the ballot, note
whether there are any voting marks on it. If there are any
voting marks, the ballot shall be returned immediately to the
board of elections; otherwise, the elector shall cause the
ballot to be marked, folded in a manner that the stub on it and
the indorsements and facsimile signatures of the members of the
board of elections on the back of it are visible, and placed and
sealed within the identification envelope received from the
board of elections for that purpose. Then, the elector shall
cause the statement of voter on the outside of the
identification envelope to be completed and signed, under
penalty of election falsification.
(B) The elector shall provide one of the following:
(1) The elector's Ohio driver's license or state
identification card number on the statement of voter on the
identification envelope;
(2) The last four digits of the elector's social security
number on the statement of voter on the identification envelope;
(3) A copy of the elector's photo identification in the
return envelope with the identification envelope.
(C)(1) The elector shall mail the identification envelope
to the office of the board of elections in the return envelope,
postage prepaid, or the elector or the elector's assistant may
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3563 H. B. No. 233 Page 124
As Introduced
personally deliver it the identification envelope in the return
envelope to the office of the board , or the spouse of the
elector, the father, mother, father-in-law, mother-in-law,
grandfather, grandmother, brother, or sister of the whole or
half blood, or the son, daughter, adopting parent, adopted
child, stepparent, stepchild, uncle, aunt, nephew, or niece of
the elector may deliver it to the office of the board in
accordance with division (D) of this section . The return
envelope shall be returned by no other person, in no other
manner, and to no other location, except as otherwise provided
in section 3509.08 of the Revised Code.
(2) If the board maintains multiple offices in the county,
as permitted under division (C) of section 3501.10 of the
Revised Code, the board may designate any of its offices for the
return of absent voter's ballots under this section, provided
that the board shall designate only one office to which absent
voter's ballots shall be returned under this section.
(3)(a) The board of elections may place not more than one
secure receptacle outside the office of the board, on the
property on which the office of the board is located, for the
purpose of receiving absent voter's ballots under this section.
(b) A secure receptacle shall be open to receive ballots
only during the period beginning on the first day after the
close of voter registration before the election and ending at
seven-thirty p.m. on the day of the election. The receptacle
shall be open to receive ballots at all times during that
period.
(c) A secure receptacle shall be monitored by recorded
video surveillance at all times. The video recordings are a
public record. The board shall do one of the following:
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3593 H. B. No. 233 Page 125
As Introduced
(i) Make the video recordings available for inspection
upon request in accordance with section 149.43 of the Revised
Code.
(ii) Make each day's video recording available to the
public on the internet for streaming or download without charge
within seventy-two hours after the recording ends and make the
video recordings available to the public upon request in
accordance with section 149.43 of the Revised Code.
(d) Only a bipartisan team of election officials may open
a secure receptacle or handle its contents. A bipartisan team of
election officials shall collect the contents of each secure
receptacle and deliver them to the board for processing at least
once each day and at seven-thirty p.m. on the day of the
election. If, at seven-thirty p.m. on the day of the election,
there are persons waiting in line to deposit absent voter's
ballots in a receptacle, those persons shall be permitted to
deposit the ballots.
(4)(a) During the period beginning on the forty-fifth day
before election day and ending on the day after election day, on
each day the office of the board of elections is open for
business, the board shall report to the secretary of state all
of the following information concerning the previous business
day:
(i) The number of return envelopes purporting to contain
absent voter's ballots or uniformed services or overseas absent
voter's ballots the board received by personal delivery, other
than to a receptacle described in division (C)(3) of this
section;
(ii) If the board has placed a secure receptacle outside
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3622 H. B. No. 233 Page 126
As Introduced
the office of the board under division (C)(3) of this section,
the number of return envelopes purporting to contain absent
voter's ballots or uniformed services or overseas absent voter's
ballots the board received in the receptacle.
(b) As soon as practicable after receiving a report under
division (C)(4)(a) of this section, the secretary of state shall
make the information in the report available to the public on
the secretary of state's official web site.
(D)(1) An elector may personally deliver the elector's
marked absent voter's ballots to the office of the board by
hand-delivering the ballots to the election officials at the
office of the board or at a designated location on, or adjacent
to, the property on which the office of the board is located.
(2) An elector's assistant may personally deliver the
elector's marked absent voter's ballots to the office of the
board by hand-delivering the ballots to the election officials
at the office of the board or at a designated location on, or
adjacent to, the property on which the office of the board is
located. Except as otherwise permitted under division (D)(3) of
this section, the assistant shall be the elector's spouse,
father, mother, father-in-law, mother-in-law, grandfather,
grandmother, brother or sister of the whole or half blood, son,
daughter, adopting parent, adopted child, stepparent, stepchild,
uncle, aunt, nephew, or niece. The assistant shall complete a
delivery attestation, which the election officials shall attach
to the ballot return envelope. The attestation shall be made
under penalty of election falsification, on a form prescribed by
the secretary of state, and shall include all of the following:
(a) The assistant's name;
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3651 H. B. No. 233 Page 127
As Introduced
(b) The elector's name;
(c) An affirmation that the assistant is delivering the
elector's ballots at the elector's request;
(d) An affirmation that the assistant is the elector's
spouse, father, mother, father-in-law, mother-in-law,
grandfather, grandmother, brother or sister of the whole or half
blood, son, daughter, adopting parent, adopted child,
stepparent, stepchild, uncle, aunt, nephew, or niece;
(e) The assistant's signature;
(f) The date the assistant delivers the ballots.
(3) If an elector requires assistance to vote by reason of
a disability, the elector's assistant instead may be any person
of the elector's choice, other than the elector's employer, an
agent of the elector's employer, or an officer or agent of the
elector's union. If an elector's assistant described in this
division delivers the elector's ballots, the assistant shall
complete a delivery attestation under this division instead of
division (D)(2) of this section, and the election officials
shall attach the attestation to the ballot return envelope. The
attestation shall be made under penalty of election
falsification, on a form prescribed by the secretary of state,
and shall include all of the following:
(a) The assistant's name;
(b) The elector's name;
(c) An affirmation that the assistant is delivering the
elector's ballots at the elector's request;
(d) An affirmation that the elector requires assistance to
vote by reason of a disability;
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3679 H. B. No. 233 Page 128
As Introduced
(e) An affirmation that the assistant is not the elector's
employer, an agent of the elector's employer, or an officer or
agent of the elector's union;
(f) The assistant's signature;
(g) The date the assistant delivers the ballots.
(4) The election officials shall not accept any marked
absent voter's ballots that are returned to the board by
personal delivery, except as permitted under divisions (D)(1) to
(3) of this section. The board shall not accept absent voter's
ballots returned by personal delivery to an unattended
receptacle.
(E)(1) Except as otherwise provided in division (D)(2) (E)
(2) of this section, all envelopes containing marked absent
voter's ballots shall be delivered to the office of the board
not later than the close of the polls on the day of an election.
Absent voter's ballots delivered to the office of the board
later than the times specified shall not be counted, but shall
be kept by the board in the sealed identification envelopes in
which they are delivered, until the time provided by section
3505.31 of the Revised Code for the destruction of all other
ballots used at the election for which ballots were provided, at
which time they shall be destroyed.
(2)(a) Except as otherwise provided in division (D)(2)(b)
of this section, any return envelope that is postmarked prior to
the day of the election shall be delivered to the director prior
to the fifth day after the election. (2) Ballots delivered in
envelopes postmarked prior to the day of the election that are
received at the office of the board by mail after the close of
the polls on election day through the fourth day thereafter
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3708 H. B. No. 233 Page 129
As Introduced
shall be counted on the fifth day at the board of elections in
the manner provided in divisions (C) and (D) of section 3509.06
of the Revised Code or in the manner provided in division (E) of
that section, as applicable , if either of the following apply:
(a) The return envelope is postmarked prior to the day of
the election. This division does not apply to a return envelope
that is postmarked using a postage evidencing system, including
a postage meter, as defined in 39 C.F.R. 501.1.
(b) Origin tracing information obtained from the United
States postal service, as described in division (C)(2) of
section 3509.04 of the Revised Code, indicates that the return
envelope was submitted to the United States postal service for
mailing prior to the day of the election. The board shall
attempt to obtain origin tracing information regarding each
return envelope received by mail during the period described in
division (E)(2) of this section that has no legible postmark, is
postmarked on or after the day of the election, or is postmarked
using a postage evidencing system . Any such
(3) The following ballots that are received by the
director later than the fourth day following the election shall
not be counted, but shall be kept by the board in the sealed
identification envelopes as provided in division (A) of this
section.
(b) Division (D)(2)(a) of this section shall not apply to
any mail that is postmarked using a postage evidencing system,
including a postage meter, as defined in 39 C.F.R. 501.1. in
which they are delivered, until the time provided by section
3505.31 of the Revised Code for the destruction of all other
ballots used at the election for which ballots were provided, at
which time they shall be destroyed:
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3738 H. B. No. 233 Page 130
As Introduced
(a) Absent voter's ballots delivered to the office of the
board after the close of the polls on election day other than by
mail;
(b) Absent voter's ballots delivered to the office of the
board by mail after the close of the polls on election day, but
by the fourth day after election day, that are ineligible to be
counted under division (E)(2) of this section;
(c) Absent voter's ballots delivered to the office of the
board by mail later than the fourth day after election day.
Sec. 3509.051. An elector may appear at the office of the
board of elections to cast absent voter's ballots in person
instead of applying for those ballots under section 3509.03 of
the Revised Code. Notwithstanding section 3509.05 or any other
provision of the Revised Code to the contrary, all of the
following shall apply to the casting of absent voter's ballots
in person:
(A)(1) Except as otherwise provided in division (A)(2) of
this section, in-person absent voting shall be permitted only
during the period beginning on the first day after the close of
voter registration before the election and ending at five p.m.
on the Sunday before the day of the election.
(2) If, at the time for the close of in-person absent
voting on a particular day, there are voters waiting in line to
cast their ballots, the in-person absent voting location shall
be kept open until such waiting voters have cast their absent
voter's ballots.
(B) An in-person absent voter shall provide photo
identification to the election officials, sign a poll list or
signature pollbook, and cast a ballot in the same manner as a
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3767 H. B. No. 233 Page 131
As Introduced
voter who casts a ballot in person on the day of an election
under section 3505.18 of the Revised Code.
The absent voter shall not be required to complete a
written application for absent voter's ballots or a statement of
voter on an absent voter's ballot identification envelope.
(C) No person other than an election official shall be
permitted to challenge the right to vote of an absent voter who
is casting a ballot in person. An election official may
challenge the right to vote of an absent voter who is casting a
ballot in person in the same manner as a precinct election
official may challenge the right to vote of an elector on the
day of an election under section 3505.20 or 3513.19 of the
Revised Code.
(D) An individual who appears to cast absent voter's
ballots in person and is eligible to cast a provisional ballot
under section 3505.181 of the Revised Code shall be permitted to
do so as though the individual had appeared at a polling place
on the day of the election.
(E) No absent voter may receive a replacement ballot after
the voter's absent voter's ballot has been scanned or entered
into automatic tabulating equipment.
(F) Ballots cast under this section, other than
provisional ballots, may be recorded by a voting machine or
scanned by automatic tabulating equipment before the close of
the polls on the day of the election, but the board of elections
shall not tabulate or count the votes on those ballots before
that time. Special election officials, employees or members of
the board of elections, or observers shall not disclose the
count or any portion of the count of absent voter's ballots
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3796 H. B. No. 233 Page 132
As Introduced
prior to the time of the closing of the polling places. No
person shall recklessly disclose the count or any portion of the
count of absent voter's ballots in such a manner as to
jeopardize the secrecy of any individual ballot.
Sec. 3509.06. (A) The board of elections shall determine
whether absent voter's ballots cast under section 3503.16,
3509.05, 3509.08, or 3511.09 of the Revised Code shall be
processed and counted in each precinct, at the office of the
board, or at some other location designated by the board, and
shall proceed accordingly under division (B), (C), or (E) of
this section, as applicable. This section does not apply to
absent voter's ballots cast in person under section 3509.051 or
to provisional ballots cast under section 3509.051 or 3509.08 of
the Revised Code.
(B)(1) Except as otherwise provided in division (B)(2) of
this section, when the board of elections determines that those
absent voter's ballots shall be processed and counted in each
precinct, the board shall deliver to the voting location manager
of each precinct on election day identification envelopes
purporting to contain absent voter's ballots of electors whose
voting residence appears from the statement of voter on the
outside of each of those envelopes, to be located in that
manager's precinct, and which were received by the board not
later than the close of the polls on election day. The board
shall deliver to the voting location manager a list containing
the name and voting residence of each person whose voting
residence is in such precinct to whom absent voter's ballots
were mailed.
(2) The board shall not deliver to the voting location
manager identification envelopes cast by electors who provided a
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3826 H. B. No. 233 Page 133
As Introduced
program participant identification number instead of a residence
address on the identification envelope and shall not inform the
voting location manager of the names and voting residences of
persons who have confidential voter registration records. Those
identification envelopes shall be examined and processed as
described in division (E) of this section.
(C) When the board of elections determines that those
absent voter's ballots shall be processed and counted at the
office of the board of elections or at another location
designated by the board, special election officials shall be
appointed by the board for that purpose having the same
authority as is exercised by precinct election officials. The
votes so cast shall be added to the vote totals by the board,
and the absent voter's ballots shall be preserved separately by
the board, in the same manner and for the same length of time as
provided by section 3505.31 of the Revised Code.
(D) Each of the identification envelopes purporting to
contain absent voter's ballots delivered to the voting location
manager of the precinct or the special election official
appointed by the board of elections shall be handled as follows:
(1) The election officials shall compare the signature of
the elector on the outside of the identification envelope with
the signature of that elector on the elector's registration form
and verify that the absent voter's ballot is eligible to be
counted under section 3509.07 of the Revised Code.
(2)(a) Any of the precinct officials may challenge the
right of the elector named on the identification envelope to
vote the absent voter's ballots upon the ground that the
signature on the envelope is not the same as the signature on
the registration form, that the identification envelope
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3856 H. B. No. 233 Page 134
As Introduced
statement of voter is incomplete, or upon any other of the
grounds upon which the right of persons to vote may be lawfully
challenged.
(b) If the elector's name does not appear in the pollbook
or poll list or signature pollbook, the precinct officials shall
deliver the absent voter's ballots to the director of the board
of elections to be examined and processed in the manner
described in division (E) of this section.
(3)(a) An identification envelope statement of voter shall
be considered incomplete if it does not include all of the
following:
(i) The voter's name;
(ii) The voter's residence address or, if the voter has a
confidential voter registration record, as described in section
111.44 of the Revised Code, the voter's program participant
identification number;
(iii) The voter's date of birth. The requirements of this
division are satisfied if the voter provided a date of birth and
any of the following is true:
(I) The month and day of the voter's date of birth on the
identification envelope statement of voter are not different
from the month and day of the voter's date of birth contained in
the statewide voter registration database.
(II) The voter's date of birth contained in the statewide
voter registration database is January 1, 1800.
(III) The board of elections has found, by a vote of at
least three of its members, that the voter has met the
requirements of divisions (D)(3)(a)(i), (ii), (iv), and (v) of
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3884 H. B. No. 233 Page 135
As Introduced
this section.
(iv) The voter's signature; and
(v) One of the following forms of identification:
(I) The voter's Ohio driver's license or state
identification card number;
(II) The last four digits of the voter's social security
number; or
(III) A copy of the voter's photo identification.
(b) If the election officials find that the identification
envelope statement of voter is incomplete or that the
information contained in that statement does not conform to the
information contained in the statewide voter registration
database concerning the voter, the election officials shall mail
a written notice to the voter, informing the voter of the nature
of the defect. The notice shall inform the voter that in order
for the voter's ballot to be counted, the voter must provide the
necessary information to the board of elections in writing and
on a form prescribed by the secretary of state not later than
the fourth day after the day of the election. The voter may
deliver the form to the office of the board in person or by
mail. If the voter provides the necessary information to the
board of elections not later than the fourth day after the day
of the election and the ballot is not successfully challenged on
another basis, the voter's ballot shall be processed and counted
in accordance with this section.
(4) If no such challenge is made, or if such a challenge
is made and not sustained, the voting location manager shall
open the envelope without defacing the statement of voter and
without mutilating the ballots in it, and shall remove the
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3913 H. B. No. 233 Page 136
As Introduced
ballots contained in it and proceed to count them.
(5)(a) Except as otherwise provided in division (D)(5)(b)
of this section, the name of each person voting who is entitled
to vote only an absent voter's presidential ballot shall be
entered in a pollbook or poll list or signature pollbook
followed by the words "Absentee Presidential Ballot." The name
of each person voting an absent voter's ballot, other than such
persons entitled to vote only a presidential ballot, shall be
entered in the pollbook or poll list or signature pollbook and
the person's registration card marked to indicate that the
person has voted.
(b) If the person voting has a confidential voter
registration record, the person's registration card shall be
marked to indicate that the person has voted, but the person's
name shall not be entered in the pollbook or poll list or
signature pollbook.
(6) The date of such election shall also be entered on the
elector's registration form. If any such challenge is made and
sustained, the identification envelope of such elector shall not
be opened, shall be endorsed "Not Counted" with the reasons the
ballots were not counted, and shall be delivered to the board.
(E)(1) When the board of elections receives absent voter's
ballots from an elector who has provided a program participant
identification number instead of a residence address on the
identification envelope statement of voter, the director and the
deputy director personally shall examine and process the
identification envelope statement of voter in the manner
prescribed in division (D) of this section.
(2) If the director and the deputy director find that the
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3942 H. B. No. 233 Page 137
As Introduced
identification envelope statement of voter is incomplete or that
the information contained in that statement does not conform to
the information contained in the statewide voter registration
database concerning the voter or to the information contained in
the voter's confidential voter registration record, the director
and the deputy director shall mail a written notice to the voter
informing the voter of the nature of the defect. The notice
shall inform the voter that in order for the voter's ballot to
be counted the voter must provide the necessary information to
the board of elections in writing and on a form prescribed by
the secretary of state not later than the fourth day after the
day of the election. The voter may deliver the form to the
office of the board in person or by mail. If the voter provides
the necessary information to the board of elections not later
than the fourth day after the day of the election and the ballot
is not successfully challenged on another basis, the voter's
ballot shall be counted in accordance with this section.
(3) The director or the deputy director may challenge the
ballot on the ground that the signature on the envelope is not
the same as the signature on the registration form, that the
identification envelope statement of voter is incomplete, or
upon any other of the grounds upon which the right of persons to
vote may be lawfully challenged. If such a challenge is made,
the board of elections shall decide whether to sustain the
challenge.
(4) If neither the director nor the deputy director
challenges the ballot, or if such a challenge is made and not
sustained, the director and the deputy director shall open the
envelope without defacing the statement of voter and without
mutilating the ballots in it, shall remove the ballots contained
in it, and shall transmit the ballots to the election officials
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3973 H. B. No. 233 Page 138
As Introduced
to be counted with other absent voter's ballots from that
precinct.
(F) The board of elections shall process absent voter's
ballots before the time for counting those ballots, but the
board shall not tabulate or count the votes on those ballots
before that time. As used in this section and section 3511.11 of
the Revised Code, processing an absent voter's ballot means all
of the following:
(1) Examining the identification envelope statement of
voter in order to verify that the absent voter's ballot is
eligible to be counted under section 3509.07 of the Revised
Code;
(2) Opening the identification envelope, if the absent
voter's ballot is eligible to be counted;
(3) Determining the validity of the absent voter's ballot
under section 3509.07 of the Revised Code;
(4) Preparing and sorting the absent voter's ballot for
scanning by automatic tabulating equipment;
(5) Scanning the absent voter's ballot by automatic
tabulating equipment, if the equipment used by the board of
elections permits an absent voter's ballot to be scanned without
tabulating or counting the votes on the ballots scanned.
(G) Special election officials, employees or members of
the board of elections, or observers shall not disclose the
count or any portion of the count of absent voter's ballots
prior to the time of the closing of the polling places. No
person shall recklessly disclose the count or any portion of the
count of absent voter's ballots in such a manner as to
jeopardize the secrecy of any individual ballot.
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4002 H. B. No. 233 Page 139
As Introduced
(H)(1) Except as otherwise provided in division (H)(2) of
this section, observers may be appointed under section 3505.21
of the Revised Code to witness the examination and opening of
identification envelopes and the processing and counting of
absent voters' ballots under this section.
(2) Observers shall not be permitted to witness the
examination and opening of identification envelopes returned by,
and the processing and counting of absent voter's ballots cast
by, electors who have confidential voter registration records in
a manner that would permit the observers to learn the identities
or residence addresses of those electors.
Sec. 3509.07. (A) If election officials find that any of
the following are true concerning an absent voter's ballot or
absent voter's presidential ballot cast under section 3503.16,
3509.05, 3509.08, or 3511.09 of the Revised Code and, if
applicable, the person did not provide any required additional
information to the board of elections not later than the fourth
day after the day of the election, as permitted under division
(D)(3)(b) or (E)(2) of section 3509.06 of the Revised Code, the
ballot shall not be accepted or counted:
(A) (1) The statement accompanying the ballot is
incomplete as described in division (D)(3)(a) of section 3509.06
of the Revised Code or is insufficient;
(B) (2) The signatures do not correspond with the person's
registration signature;
(C) (3) The applicant is not a qualified elector in the
precinct;
(D) (4) The ballot envelope contains more than one ballot
of any one kind, or any voted ballot that the elector is not
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4031 H. B. No. 233 Page 140
As Introduced
entitled to vote;
(E) (5) Stub A is detached from the absent voter's ballot
or absent voter's presidential ballot; or
(F) (6) The elector has not included with the elector's
ballot any identification required under section 3509.05 or
3511.09 of the Revised Code.
(B) The vote of any absent voter may be challenged for
cause in the same manner as other votes are challenged, and the
election officials shall determine the legality of that ballot.
Every ballot not counted shall be endorsed on its back "Not
Counted" with the reasons the ballot was not counted, and shall
be enclosed and returned to or retained by the board of
elections along with the contested ballots.
(C) This section does not apply to either of the
following:
(1) Absent voter's ballots cast in person under section
3509.051 of the Revised Code. Any challenge to the right of an
elector to cast absent voter's ballots in person shall be
brought under division (C) of that section.
(2) Provisional ballots cast under section 3509.051,
3509.08, or 3511.052 of the Revised Code, which shall be
processed and counted under section 3505.183 of the Revised
Code.
Sec. 3509.08. (A) Any qualified elector, who, on account
of the elector's own personal illness, physical disability, or
infirmity, or on account of the elector's confinement in a jail
or workhouse under sentence for a misdemeanor or awaiting trial
on a felony or misdemeanor, will be unable to travel from the
elector's home or place of confinement to the voting booth in
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4060 H. B. No. 233 Page 141
As Introduced
the elector's precinct on the day of any general, special, or
primary election may make application in writing for an absent
voter's ballot to the board of elections of the elector's county
in the manner described in section 3509.03 of the Revised Code.
The application shall state the nature of the elector's illness,
physical disability, or infirmity, or the fact that the elector
is confined in a jail or workhouse and the elector's resultant
inability to travel to the election booth in the elector's
precinct on election day.
The absent voter's ballot may be mailed directly to the
applicant at the applicant's voting residence or place of
confinement as stated in the applicant's application, or the
board may designate two board employees belonging to the two
major political parties for the purpose of delivering the ballot
to the disabled or confined elector and returning it to the
board, unless the applicant is confined to a public or private
institution within the county, in which case the board shall
designate two board employees belonging to the two major
political parties for the purpose of delivering the ballot to
the disabled or confined elector and returning it to the board.
In all other instances, the ballot shall be returned to the
office of the board in the manner prescribed in section 3509.05
of the Revised Code.
Any disabled or confined elector who declares to the two
board employees belonging to the two major political parties
that the elector is unable to mark the elector's ballot by
reason of physical infirmity that is apparent to the employees
to be sufficient to incapacitate the voter from marking the
elector's ballot properly, may receive, upon request, the
assistance of the employees in marking the elector's ballot, and
they shall thereafter give no information in regard to this
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4091 H. B. No. 233 Page 142
As Introduced
matter. Such assistance shall not be rendered for any other
cause.
When two board employees belonging to the two major
political parties deliver a ballot to a disabled or confined
elector, each of the employees shall be present when the ballot
is delivered, when assistance is given, and when the ballot is
returned to the office of the board, and shall subscribe to the
declaration on the identification envelope.
The secretary of state shall prescribe the form of
application for absent voter's ballots under this division.
This chapter applies to disabled and confined absent
voter's ballots except as otherwise provided in this section.
(B)(1) Any qualified elector who is unable to travel to
the voting booth in the elector's precinct on the day of any
general, special, or primary election may apply to the board of
elections of the county where the elector is a qualified elector
to vote in the election by absent voter's ballot if either of
the following apply:
(a) The elector is confined in a hospital as a result of
an accident or unforeseeable medical emergency occurring before
the election;
(b) The elector's minor child is confined in a hospital as
a result of an accident or unforeseeable medical emergency
occurring before the election.
(2)(2)(a) The application authorized under division (B)(1)
of this section shall be made in writing in the manner described
in section 3509.03 of the Revised Code, except that the
application shall be delivered to the office of the board not
later than three p.m. on the day of the election. The
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4120 H. B. No. 233 Page 143
As Introduced
application shall indicate the hospital where the applicant or
the applicant's child is confined, the date of the applicant's
or the applicant's child's admission to the hospital, and the
offices for which the applicant is qualified to vote. The
(b) The applicant may also request that a member of the
applicant's family, as listed an assistant described in division
(D)(2) or (3) of section 3509.05 of the Revised Code, as
applicable, deliver the absent voter's ballot to the applicant.
(c) The board, after establishing to the board's
satisfaction the validity of the circumstances claimed by the
applicant, shall supply an absent voter's ballot to be delivered
to the applicant. When
(d) When the applicant or the applicant's child is in a
hospital in the county where the applicant is a qualified
elector and no request is made for a member of the family an
assistant to deliver the ballot, the board shall arrange for the
delivery of an absent voter's ballot to the applicant, and for
its return to the office of the board, by two board employees
belonging to the two major political parties according to the
procedures prescribed in division (A) of this section. When the
applicant or the applicant's child is in a hospital outside the
county where the applicant is a qualified elector and no request
is made for a member of the family an assistant to deliver the
ballot, the board shall arrange for the delivery of an absent
voter's ballot to the applicant by mail, and the ballot shall be
returned to the office of the board in the manner prescribed in
section 3509.05 of the Revised Code.
(3) Any qualified elector who is eligible to vote under
division (B) or (C) of section 3503.16 of the Revised Code but
is unable to do so because of the circumstances described in
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4150 H. B. No. 233 Page 144
As Introduced
division (B)(2) of this section may vote in accordance with
division (B)(1) of this section if that qualified elector states
in the application for absent voter's ballots that that
qualified elector moved or had a change of name under the
circumstances described in division (B) or (C) of section
3503.16 of the Revised Code and if that qualified elector
complies with divisions (G)(1) to (4) of section 3503.16 of the
Revised Code.
(C) Any Except as otherwise provided in division (E) of
this section, any qualified elector described in division (A) or
(B)(1) of this section who needs no assistance to vote or to
return absent voter's ballots to the board of elections may
apply for absent voter's ballots under section 3509.03 of the
Revised Code instead of applying for them under this section or
may cast absent voter's ballots in person under section 3509.051
of the Revised Code.
(D) Any qualified elector described in division (A) or (B)
(1) of this section to whom ballots are delivered by two
employees of the board of elections or who votes with the
assistance of two employees of the board of elections shall be
considered to have cast absent voter's ballots by mail, rather
than in person, for the purpose of the laws governing voter
identification. A board employee who delivers ballots to an
elector or returns ballots to the office of the board under this
section is not considered the elector's assistant for that
purpose.
(E) A qualified elector who is located in the county in
which the elector resides and who would be eligible to cast
absent voter's ballots with the assistance of two election
officials under this section, but who is required to cast a
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4180 H. B. No. 233 Page 145
As Introduced
provisional ballot under section 3505.181 of the Revised Code,
may cast a provisional ballot with the assistance of two
election officials under this section as though the individual
had appeared at a polling place on the day of the election.
Sec. 3509.09. (A) The poll list or signature pollbook for
each precinct shall identify each registered elector in that
precinct who has requested an absent voter's ballot for that
election or cast absent voter's ballots in person under section
3509.051 of the Revised Code, other than an elector who has a
confidential voter registration record, as described in section
111.44 of the Revised Code.
(B) If a registered elector appears to vote and that
elector has requested or cast an absent voter's ballot for that
election, the elector shall be permitted to cast a provisional
ballot under section 3505.181 of the Revised Code.
(C)(1) In counting absent voter's ballots under section
3509.06 of the Revised Code, the board of elections shall
compare the signature of each elector from whom the board has
received a sealed identification envelope purporting to contain
that elector's voted absent voter's ballots for that election to
the signature on that elector's registration form. Except as
otherwise provided in division (C)(3) of this section, if the
board of elections determines that the absent voter's ballot in
the sealed identification envelope is valid, it shall be
counted. If the board of elections determines that the signature
on the sealed identification envelope purporting to contain the
elector's voted absent voter's ballot does not match the
signature on the elector's registration form, the ballot shall
be set aside and the board shall examine, during the time prior
to the beginning of the official canvass, the poll list or
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4210 H. B. No. 233 Page 146
As Introduced
signature pollbook from the precinct in which the elector is
registered to vote to determine if the elector also cast a
provisional ballot under section 3505.181 of the Revised Code.
(2) The board of elections shall count the provisional
ballot, instead of the absent voter's ballot, if both of the
following apply:
(a) The board of elections determines that the signature
of the elector on the outside of the identification envelope in
which the absent voter's ballots are enclosed does not match the
signature of the elector on the elector's registration form;
(b) The elector cast a provisional ballot in the election.
(3) If the board of elections does not receive the sealed
identification envelope purporting to contain the elector's
voted absent voter's ballot by the applicable deadline
established under section 3509.05 of the Revised Code, the
provisional ballot cast under section 3505.181 of the Revised
Code shall be counted as valid, if that provisional ballot is
otherwise determined to be valid pursuant to section 3505.183 of
the Revised Code.
(D) If the board of elections counts a provisional ballot
under division (C)(2) or (3) of this section, the returned
identification envelope of that elector shall not be opened, and
the ballot within that envelope shall not be counted. The
identification envelope shall be endorsed "Not Counted" with the
reason the ballot was not counted.
(E) Division (C) of this section does not apply to absent
voter's ballots cast in person under section 3509.051 of the
Revised Code. If an elector casts absent voter's ballots in
person and casts a provisional ballot for the same election, the
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4239 H. B. No. 233 Page 147
As Introduced
provisional ballot shall not be counted.
Sec. 3511.02. (A) Notwithstanding any section of the
Revised Code to the contrary, whenever any person applies for
registration as a voter on a form adopted in accordance with
federal regulations relating to the "Uniformed and Overseas
Citizens Absentee Voting Act," 100 Stat. 924, 52 U.S.C.A. 20301,
this application shall be sufficient for voter registration and
as a request for an absent voter's ballot. Uniformed services or
overseas absent voter's ballots may be obtained by any person
meeting the requirements of section 3511.011 of the Revised Code
by applying electronically to the secretary of state or to the
board of elections of the county in which the person's voting
residence is located in accordance with section 3511.021 of the
Revised Code or by applying to the board of elections of the
county in which the person's voting residence is located, in one
of the following ways:
(1) That person may make written application for those
ballots. The person may personally deliver the application to
the office of the board or may mail it, send it by facsimile
machine, send it by electronic mail, send it through internet
delivery if such delivery is offered by the board of elections
or the secretary of state, or otherwise send it to the board.
Except as otherwise provided in division (B) of this section,
the application shall be on a form prescribed by the secretary
of state and shall contain all of the following information:
(a) The elector's name;
(b) The elector's signature;
(c) The address at which the elector is registered to
vote;
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4268 H. B. No. 233 Page 148
As Introduced
(d) The elector's date of birth;
(e) One of the following:
(i) The elector's Ohio driver's license or state
identification card number ;
(ii) The or, if the elector does not have an Ohio driver's
license or state identification card, the last four digits of
the elector's social security number ;
(iii) A or a copy of the elector's photo identification .;
(f) A statement identifying the election for which absent
voter's ballots are requested;
(g) A statement that the person requesting the ballots is
a qualified elector;
(h) A statement that the elector is an absent uniformed
services voter or overseas voter as defined in 52 U.S.C. 20310;
(i) A statement of the elector's length of residence in
the state immediately preceding the commencement of service,
immediately preceding the date of leaving to be with or near the
service member, or immediately preceding leaving the United
States, or a statement that the elector's parent or legal
guardian resided in this state long enough to establish
residency for voting purposes immediately preceding leaving the
United States, whichever is applicable;
(j) If the request is for primary election ballots, the
elector's party affiliation;
(k) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed;
(l) If the elector desires ballots to be sent to the
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4295 H. B. No. 233 Page 149
As Introduced
elector by facsimile machine, the telephone number to which they
shall be so sent;
(m) If the elector desires ballots to be sent to the
elector by electronic mail or, if offered by the board of
elections or the secretary of state, through internet delivery,
the elector's electronic mail address or other internet contact
information.
(2) A voter or any relative of a voter listed in division
(A)(3) of this section may use a single federal post card
application to apply for uniformed services or overseas absent
voter's ballots for use at the primary and general elections in
a given year and any special election to be held on the day in
that year specified by division (E) of section 3501.01 of the
Revised Code for the holding of a primary election, designated
by the general assembly for the purpose of submitting
constitutional amendments proposed by the general assembly to
the voters of the state. A single federal postcard application
shall be processed by the board of elections pursuant to section
3511.04 of the Revised Code the same as if the voter had applied
separately for uniformed services or overseas absent voter's
ballots for each election.
(3) Application to have uniformed services or overseas
absent voter's ballots mailed or sent by facsimile machine to
such a person may be made by the spouse, father, mother, father-
in-law, mother-in-law, grandfather, grandmother, brother or
sister of the whole blood or half blood, son, daughter, adopting
parent, adopted child, stepparent, stepchild, daughter-in-law,
son-in-law, uncle, aunt, nephew, or niece of such a person. The
application shall be in writing upon a blank form furnished only
by the board or on a single federal post card as provided in
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4325 H. B. No. 233 Page 150
As Introduced
division (A)(2) of this section. The form of the application
shall be prescribed by the secretary of state. The board shall
furnish that blank form to any of the relatives specified in
this division desiring to make the application, only upon the
request of such a relative made in person at the office of the
board or upon the written request of such a relative mailed to
the office of the board. Except as otherwise provided in
division (B) of this section, the application, subscribed and
sworn to by the applicant, shall contain all of the following:
(a) The full name of the elector for whom ballots are
requested;
(b) A statement that the elector is an absent uniformed
services voter or overseas voter as defined in 52 U.S.C. 20310;
(c) The address at which the elector is registered to
vote;
(d) A statement identifying the elector's length of
residence in the state immediately preceding the commencement of
service, immediately preceding the date of leaving to be with or
near a service member, or immediately preceding leaving the
United States, or a statement that the elector's parent or legal
guardian resided in this state long enough to establish
residency for voting purposes immediately preceding leaving the
United States, as the case may be;
(e) The elector's date of birth;
(f) One of the following:
(i) The elector's Ohio driver's license or state
identification card number ;
(ii) The or, if the elector does not have an Ohio driver's
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4353 H. B. No. 233 Page 151
As Introduced
license or state identification card, the last four digits of
the elector's social security number ;
(iii) A or a copy of the elector's photo identification .;
(g) A statement identifying the election for which absent
voter's ballots are requested;
(h) A statement that the person requesting the ballots is
a qualified elector;
(i) If the request is for primary election ballots, the
elector's party affiliation;
(j) A statement that the applicant bears a relationship to
the elector as specified in division (A)(3) of this section;
(k) The address to which ballots shall be mailed, the
telephone number to which ballots shall be sent by facsimile
machine, the electronic mail address to which ballots shall be
sent by electronic mail, or, if internet delivery is offered by
the board of elections or the secretary of state, the internet
contact information to which ballots shall be sent through
internet delivery;
(l) The signature and address of the person making the
application.
(B) If the elector has a confidential voter registration
record, as described in section 111.44 of the Revised Code, the
application may include the elector's program participant
identification number instead of the address at which the
elector is registered to vote.
(C) Each application for uniformed services or overseas
absent voter's ballots shall be delivered to the office of the
board not earlier than the first day of January of the year of
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4381 H. B. No. 233 Page 152
As Introduced
the elections for which the uniformed services or overseas
absent voter's ballots are requested or not earlier than ninety
days before the day of the election at which the ballots are to
be voted, whichever is earlier. An application to receive
uniformed services or overseas absent voter's ballots by mail or
by another method permitted under section 3511.021 of the
Revised Code shall be delivered to the office of the board not
later than the close of business on the seventh day preceding
the day of the election.
(D) If the voter for whom the application is made is
entitled to vote for presidential and vice-presidential electors
only, the applicant shall submit to the board, in addition to
the requirements of division (A) of this section, a statement to
the effect that the voter is qualified to vote for presidential
and vice-presidential electors and for no other offices.
(E) Except as permitted under section 111.31 of the
Revised Code, no public office, and no public official or
employee who is acting in an official capacity, shall do either
of the following:
(1) Prepay the return postage for an application for
absent voter's ballots;
(2) Mail or otherwise deliver an unsolicited application
for absent voter's ballots to any person.
(F)(1) Except as otherwise provided in divisions (A)(2)
and (3) and (F)(2) of this section and in sections 3505.24 and
3509.08 of the Revised Code, no person shall fill out any
portion of a federal post card application or other application
for absent voter's ballots on behalf of an applicant.
(2) The secretary of state or a board of elections may
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4410 H. B. No. 233 Page 153
As Introduced
preprint only an applicant's name and address on a federal post
card application or other application for absent voter's ballots
before mailing that application to the applicant, except that if
the applicant has a confidential voter registration record, the
secretary of state or the board of elections shall not preprint
the applicant's address on the application.
(3) A completed application for absent voter's ballots is
not valid if any portion of it has been completed by any person
other than the applicant in violation of division (F) of this
section.
Sec. 3511.04. (A) If a board of elections receives an
application for uniformed services or overseas absent voter's
ballots that does not contain all of the required information or
is not submitted on an appropriate form, the board promptly
shall notify the applicant of the additional information
required to be provided by the applicant to complete that
application, direct the applicant to use an appropriate form, or
both, as applicable.
(B)(B)(1) Not later than the forty-sixth day before the
day of each general or primary election, and at the earliest
possible time before the day of a special election held on a day
other than the day on which a general or primary election is
held, the board of elections shall mail, send by facsimile
machine, send by electronic mail, send through internet delivery
if such delivery is offered by the board of elections or the
secretary of state, or otherwise send uniformed services or
overseas absent voter's ballots then ready for use as provided
for in section 3511.03 of the Revised Code and for which the
board has received valid applications prior to that time.
Thereafter, and until the close of business on the seventh day
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4440 H. B. No. 233 Page 154
As Introduced
preceding the day of election, the board shall promptly, upon
receipt of valid applications for them, mail, send by facsimile
machine, send by electronic mail, send through internet delivery
if such delivery is offered by the board of elections or the
secretary of state, or otherwise send to the proper persons all
uniformed services or overseas absent voter's ballots then ready
for use.
(2) If, after the seventieth day before the day of a
general or primary election, any other question, issue, or
candidacy is lawfully ordered submitted to the electors voting
at the general or primary election, the board shall promptly
provide a separate official issue, special election, or other
election ballot for submitting the question, issue, or candidacy
to those electors, and the board shall promptly mail, send by
facsimile machine, send by electronic mail, send through
internet delivery if such delivery is offered by the board of
elections or the secretary of state, or otherwise send each such
separate ballot to each person to whom the board has previously
mailed or sent other uniformed services or overseas absent
voter's ballots.
(C)(1) Except as otherwise provided in division (C)(2) of
this section, upon receiving a valid application for uniformed
services or overseas absent voter's ballots from an elector who
is required to cast a provisional ballot under section 3505.181
of the Revised Code, the board instead shall deliver to the
elector a provisional uniformed or overseas absent voter's
ballot, as described in section 3511.052 of the Revised Code. In
all other respects, the board shall proceed as described in
division (B) of this section regarding the elector.
(2) Division (C)(1) of this section does not apply to a
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4470 H. B. No. 233 Page 155
As Introduced
uniformed services or overseas absent voter who submits a valid
federal write-in absentee ballot in a general election for
federal office as permitted under division (C) of section
3511.14 of the Revised Code.
(D) No public office, and no public official or employee
who is acting in an official capacity, shall prepay the return
postage for any absent voter's ballots. In mailing uniformed
services or overseas absent voter's ballots, the board shall use
the fastest mail service available, but the board shall not mail
them by certified mail.
Sec. 3511.05. (A) The board of elections shall place
uniformed services or overseas absent voter's ballots sent by
mail in an unsealed identification envelope, gummed ready for
sealing. The board shall include with uniformed services or
overseas absent voter's ballots sent electronically, including
by facsimile machine, an instruction sheet for preparing a
gummed envelope in which the ballots shall be returned. The
envelope for returning ballots sent by either means shall have
printed or written on its face a form substantially as follows:
"Identification Envelope Statement of Voter
I, ________________________(Name of voter), declare under
penalty of election falsification that the within ballot or
ballots contained no voting marks of any kind when I received
them, and I caused the ballot or ballots to be marked, enclosed
in the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
________________________________________________________________
(Street and Number, if any, or Rural Route and Number)
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4498 H. B. No. 233 Page 156
As Introduced
of ________________________________ (City, Village, or Township)
Ohio, which is in Ward _______________ Precinct ________________
in that city, village, or township.
If I have a confidential voter registration record, I am
providing my program participant identification number instead
of my residence address: ________________________
The primary election ballots, if any, within this envelope
are primary election ballots of the _____________ Party.
Ballots contained within this envelope are to be voted at
the __________ (general, special, or primary) election to be
held on the __________________________ day of
______________________, ____
My date of birth is _______________ (Month and Day),
__________ (Year).
(Voter must provide one of the following:)
My Ohio driver's license or state identification card
number is _______________ (Driver's license or state
identification card number).
(If the voter does not have an Ohio driver's license or
state identification card, the voter must provide one of the
following:)
The last four digits of my Social Security Number are
_______________ (Last four digits of Social Security Number).
______ In lieu of providing a driver's license or state
identification card number or the last four digits of my Social
Security Number, I am enclosing a copy of my photo
identification in the return envelope in which this
identification envelope will be mailed.
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4526 H. B. No. 233 Page 157
As Introduced
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
________________________
(Signature of Voter)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF
THE FIFTH DEGREE."
(B) The board shall also mail with the ballots and the
unsealed identification envelope sent by mail an unsealed return
envelope, gummed, ready for sealing, for use by the voter in
returning the voter's marked ballots to the office of the board.
The board shall send with the ballots and the instruction sheet
for preparing a gummed envelope sent electronically, including
by facsimile machine, an instruction sheet for preparing a
second gummed envelope as described in this division, for use by
the voter in returning that voter's marked ballots to the board.
The return envelope shall have two parallel lines, each one
quarter of an inch in width, printed across its face paralleling
the top, with an intervening space of one quarter of an inch
between such lines. The top line shall be one and one-quarter
inches from the top of the envelope. Between the parallel lines
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank
lines shall be printed in the upper left corner on the face of
the envelope for the use by the voter in placing the voter's
complete military, naval, or mailing address on these lines. The
post-office address of the office of the board shall be printed
on the face of such envelope in the lower right portion below
the bottom parallel line.
(C) On the back of each identification envelope and each
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4555 H. B. No. 233 Page 158
As Introduced
return envelope shall be printed the following:
"Instructions to voter:
If the flap on this envelope is so firmly stuck to the
back of the envelope when received by you as to require forcible
opening in order to use it, open the envelope in the manner
least injurious to it, and, after marking your ballots and
enclosing same in the envelope for mailing them to the board of
elections, reclose the envelope in the most practicable way, by
sealing or otherwise, and sign the blank form printed below.
The flap on this envelope was firmly stuck to the back of
the envelope when received, and required forced opening before
sealing and mailing.
____________________
(Signature of voter)"
(D) Division (C) of this section does not apply when
absent voter's ballots are sent electronically, including by
facsimile machine.
(E) Except as otherwise provided in this division and in
sections 3505.24 and 3509.08 of the Revised Code, an election
official shall not fill out any portion of an identification
envelope statement of voter or an absent voter's ballot on
behalf of an elector. A board of elections may preprint only an
elector's name and address on an identification envelope
statement of voter before mailing or electronically transmitting
absent voter's ballots to the elector, except that if the
elector has a confidential voter registration record, as
described in section 111.44 of the Revised Code, the board of
elections shall not preprint the elector's address on the
identification envelope statement of voter.
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4584 H. B. No. 233 Page 159
As Introduced
Sec. 3511.052. (A) The identification envelope of a
provisional uniformed services or overseas absent voter's ballot
sent to an elector under division (C)(1) of section 3511.04 of
the Revised Code shall have printed or written on its face a
form substantially as follows:
"Provisional Uniformed Services or Overseas Absent Voter's
Ballot Affirmation
(1) Clearly print your full name: ___________________
(2) Write your date of birth: _______________________
(3)(a) Write your current address: __________________
_____________________________________________________
(b) Have you moved without updating your voter
registration?:
Yes ______ No ______
If yes, write your former address: __________________
_____________________________________________________
Failure to provide your former address will not cause your
provisional ballot to be rejected.
(4) You must provide a copy of one of the following forms
of photo identification that includes your name and photograph
and is not expired. Place the copy in the return envelope along
with this envelope. Do not place the copy inside the ballot
envelope.
(a) An Ohio driver's license or state identification card
or an interim identification form issued by the Bureau of Motor
Vehicles;
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4610 H. B. No. 233 Page 160
As Introduced
(b) A United States passport or passport card;
(c) A United States military identification card, Ohio
national guard identification card, or United States department
of veterans affairs identification card.
(5) If you do not have photo identification because you
have a religious objection to being photographed, complete the
enclosed affidavit of religious objection and place it in the
return envelope along with this ballot envelope. Do not place
the affidavit inside the ballot envelope.
(6) If you do not provide a copy of your photo
identification or complete an affidavit of religious objection,
you must provide a copy of your photo identification or a
completed an affidavit of religious objection to the board of
elections by the fourth day after the election for your ballot
to be eligible to be counted.
(7) Complete this section if you need to update your voter
registration or if you need to verify the identification you
used to register to vote. If you need to verify your
identification and you do not provide the needed information on
this form, you must provide the information to the board of
elections by the fourth day after the election for your ballot
to be eligible to be counted.
Write your full Ohio driver's license or state
identification card number: ________________________
Write the last four digits of your Social Security number:
_______________
(8) If you are casting a provisional ballot because you
need to provide proof of citizenship, either write your full
Ohio driver's license or state identification card number above
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4639 H. B. No. 233 Page 161
As Introduced
or provide proof of citizenship in the return envelope along
with this envelope. Do not place your proof of citizenship
inside the ballot envelope. If you do not provide proof of
citizenship at this time, you must provide proof of citizenship
to the board of elections by the fourth day after the election
for your ballot to be eligible to be counted.
"Proof of citizenship" means evidence that you are a
United States citizen, in the form of one of the following:
(a) The number of your current or expired Ohio driver's
license or state identification card or a copy of the front and
back of your current or expired Ohio driver's license, state
identification card, or interim identification form, if you have
submitted documentation to the bureau of motor vehicles
indicating that you are a United States citizen;
(b) A copy of the front and back of a current or expired
driver's license or nondriver identification card issued by
another state within the United States, if the issuing agency
indicates on the license or card that you are a United States
citizen;
(c) A copy of a birth certificate, certification of report
of birth, or consular report of birth abroad;
(d) A copy of the identification page of a current or
expired United States passport;
(e) A copy of the front and back of a United States
passport card;
(f) A copy of a certificate of naturalization or
certificate of citizenship.
If the name on your proof of citizenship is different from
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4667 H. B. No. 233 Page 162
As Introduced
your current legal name, you must also provide proof of your
change of name, such as a copy of a marriage license or court
order.
(9) If your right to vote has been challenged, you must
provide any additional required documents in the return envelope
along with this envelope or provide them to the board of
elections by the fourth day after the election. Do not place
those documents inside the ballot envelope.
(10) Sign and date the following statement:
The within ballot or ballots contained no voting marks of
any kind when I received them, and I caused the ballot or
ballots to be marked, enclosed in this envelope, and sealed in
this envelope.
I solemnly swear or affirm that I am a citizen of the
United States; that I will be at least 18 years of age at the
time of the general election; that I have lived in this state
for 30 days immediately preceding this election in which I am
voting this ballot; that I am a registered voter in the precinct
in which I am voting this provisional ballot; that I am eligible
to vote in the election in which I am voting this provisional
ballot; and that I will not vote or attempt to vote at any other
location or in any other manner for this particular election.
I understand that, if the information I provide on this
provisional ballot affirmation is not fully completed and
correct, if the board of elections determines that I am not
registered to vote, a resident of this precinct, or eligible to
vote in this election, or if the board of elections determines
that I have already voted in this election, my provisional
ballot will not be counted. I understand that, if I am not
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4696 H. B. No. 233 Page 163
As Introduced
currently registered to vote or if I am not registered at my
current address or under my current name, this form will serve
as an application to register to vote or update my registration
for future elections, as long as I provide all of the
information required to register to vote or update my
registration. I further understand that knowingly providing
false information is a violation of law and subjects me to
possible criminal prosecution.
I hereby declare, under penalty of election falsification,
that the above statements are true and correct to the best of my
knowledge and belief.
________________________
Signature of Voter
________________________
Date
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE."
(B) The board of elections shall include both of the
following with the provisional uniformed services or overseas
absent voter's ballot:
(1) An explanation of the reason the voter is required to
cast a provisional ballot and the information or documentation
the voter must provide in order for the voter's ballot to be
counted;
(2) A blank copy of the affidavit of religious objection
to being photographed described in section 3505.19 of the
Revised Code.
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4723 H. B. No. 233 Page 164
As Introduced
(C)(1) In addition to any information required to be
included on the written affirmation, an individual casting a
provisional uniformed services or overseas absent voter's ballot
may provide additional information to the board of elections to
assist the board in determining the individual's eligibility to
vote in that election, including the date and location at which
the individual registered to vote, if known.
(2) If the individual provided all of the information
required under section 3503.14 of the Revised Code to register
to vote or to update the individual's registration on the
provisional uniformed services or overseas absent voter's ballot
affirmation, the board of elections shall consider the
affirmation to also serve as a notice of change of name, change
of residence, or both, or as a voter registration form, as
applicable, for that individual only for the purposes of future
elections.
(D) Upon receiving a completed provisional uniformed
services or overseas absent voter's ballot, the board of
elections shall process the ballot in accordance with section
3505.183 of the Revised Code in the same manner as other
provisional ballots.
(E) In all other respects, except as otherwise provided in
this chapter, the provisions of this chapter that apply to a
uniformed services or overseas absent voter's ballot apply in
the same manner to a provisional uniformed services or overseas
absent voter's ballot.
Sec. 3511.09. (A) Upon receiving uniformed services or
overseas absent voter's ballots, the elector shall cause the
questions on the face of the identification envelope to be
answered, and, by writing the elector's usual signature in the
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4753 H. B. No. 233 Page 165
As Introduced
proper place on the identification envelope, the elector shall
declare under penalty of election falsification that the answers
to those questions are true and correct to the best of the
elector's knowledge and belief. Then, the elector shall note
whether there are any voting marks on the ballot. If there are
any voting marks, the ballot shall be returned immediately to
the board of elections; otherwise, the elector shall cause the
ballot to be marked, folded separately so as to conceal the
markings on it, deposited in the identification envelope, and
securely sealed in the identification envelope. The elector
shall sign the identification envelope not later than the close
of the polls on the day of the election. The elector then shall
cause the identification envelope to be placed within the return
envelope, sealed in the return envelope, and mailed to the board
of elections to which it is addressed.
(B) The (B)(1) Except as otherwise provided in division
(B)(2) of this section, the elector shall provide one of the
following:
(1) (a) The elector's Ohio driver's license or state
identification card number on the statement of voter on the
identification envelope;
(2) (b) The last four digits of the elector's social
security number on the statement of voter on the identification
envelope;
(3) (c) A copy of the elector's photo identification in
the return envelope with the identification envelope.
(2) If the elector is casting a provisional uniformed
services or overseas absent voter's ballot, the elector shall
provide the applicable identification and other information
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4782 H. B. No. 233 Page 166
As Introduced
required by the form described in section 3511.052 of the
Revised Code.
(C) Every uniformed services or overseas absent voter's
ballot identification envelope shall be accompanied by the
following statement in boldface capital letters: WHOEVER COMMITS
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH
DEGREE.
(D) The elector shall cause the uniformed services or
overseas absent voter's ballots to be returned to the office of
the board of elections in a manner described in division (C) of
section 3509.05 of the Revised Code, provided that the elector
shall not be required to prepay the postage on the return
envelope if, under 39 U.S.C. 3406, no postage is required.
Sec. 3511.11. (A) Uniformed services or overseas absent
voter's ballots delivered to the office of the board of
elections not later than the close of the polls on election day
shall be processed and counted in the manner provided in section
3509.06 of the Revised Code or in the manner provided in
division (D) of section 3511.052 of the Revised Code, as
applicable.
(B) A return envelope is not required to be postmarked in
order for a uniformed services or overseas absent voter's ballot
contained in it to be valid. Except as otherwise provided in
this division, whether or not the return envelope containing the
ballot is postmarked, contains a late postmark, or contains an
illegible postmark, a uniformed services or overseas absent
voter's ballot that is received by mail after the close of the
polls on election day through the fourth day after the election
day shall be processed and counted on the fifth day after the
election day at the office of the board of elections in the
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4812 H. B. No. 233 Page 167
As Introduced
manner provided in section 3509.06 of the Revised Code if the
voter signed the identification envelope by the close of the
polls on election day. However, if a return envelope containing
a uniformed services or overseas absent voter's ballot is so
received, but the identification envelope in it is signed after
the close of the polls on election day, the uniformed services
or overseas absent voter's ballot shall not be counted.
(C) The following types of uniformed services or overseas
absent voter's ballots shall not be counted:
(1) Uniformed services or overseas absent voter's ballots
that are received by the board of elections after the close of
the polls on the day of the election, and that contain an
identification envelope that is signed after the close of the
polls on election day;
(2) Uniformed services or overseas absent voter's ballots
that are received after the fourth day following the election.
The uncounted ballots shall be preserved in their
identification envelopes unopened until the time provided by
section 3505.31 of the Revised Code for the destruction of all
other ballots used at the election for which ballots were
provided, at which time they shall be destroyed.
Sec. 3511.14. (A) A Subject to division (C) of this
section, a board of elections shall accept and process federal
write-in absentee ballots cast under the Uniformed and Overseas
Citizens Absentee Voting Act, 52 U.S.C. 20302 and 20303, for all
elections for office and for all ballot questions and issues as
required under "The Uniformed and Overseas Citizens Absentee
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.
1973ff, et seq., as amended .
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4841 H. B. No. 233 Page 168
As Introduced
(B) A uniformed services or overseas voter may use the
declaration accompanying a federal write-in absentee ballot to
apply to register to vote simultaneously with the submission of
the federal write-in absentee ballot, if the declaration is
received not later than thirty days before the day of the
election. If the declaration is received after that date, the
declaration shall be considered an application to register to
vote for all subsequent elections.
(C) A uniformed services or overseas absent voter who
otherwise would be required to cast a provisional ballot under
division (B)(1) of section 3503.201 of the Revised Code, but for
no other reason, may cast a federal write-in absentee ballot
under the Uniformed and Overseas Citizens Absentee Voting Act,
52 U.S.C. 20302 and 20303, in a general election for federal
office. The votes on such a voter's ballot shall be counted only
for federal candidates and not for any state or local candidate
or any ballot issue or question appearing on the ballot at the
election.
Sec. 3513.07. The form of declaration of candidacy and
petition of a person desiring to be a candidate for a party
nomination or a candidate for election to an office or position
to be voted for at a primary election shall be substantially as
follows:
"DECLARATION OF CANDIDACY PARTY PRIMARY ELECTION
I, ___________________________ (Name of Candidate), the
undersigned, hereby declare under penalty of election
falsification that my voting residence is in _______________
precinct of the _____________________________ (Township) or
(Ward and City or Village) in the county of ________________,
Ohio; that my voting residence is _______________ (Street and
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4871 H. B. No. 233 Page 169
As Introduced
Number, if any, or Rural Route and Number) of the
_____________________________ (City or Village) of
_________________, Ohio; and that I am a qualified elector in
the precinct in which my voting residence is located. I am a
member of the ________ Party. I hereby declare that I desire to
be ____________________ (a candidate for nomination as a
candidate of the Party for election to the office of
_____________) (a candidate for election to the office or
position of ______________) for the ____________ in the state,
district, (Full term or unexpired term ending _______________)
county, city, or village of ___________________, at the primary
election to be held on the _____________ day of _________, ____,
and I hereby request that my name be printed upon the official
primary election ballot of the said __________ Party as a
candidate for _________ (such nomination) or (such election) as
provided by law.
I further declare that, if elected to said office or
position, I will qualify therefor, and that I will support and
abide by the principles enunciated by the ____________ Party.
Dated this __________ day of _________________, _________
__________________________________
(Signature of candidate)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE.
PETITION OF CANDIDATE
We, the undersigned, qualified electors of the state of
Ohio, whose voting residence is in the county, city, village,
ward, township, or school district, and precinct set opposite
our names, and members of the
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4900 H. B. No. 233 Page 170
As Introduced
_______________________________________ Party, hereby certify
that ____________________________ (Name of candidate) whose
declaration of candidacy is filed herewith, is a member of the
____________ Party, and is, in our opinion, well qualified to
perform the duties of the office or position to which that
candidate desires to be elected.
Street City,
and Village or
Signature Number Township Ward Precinct County Date
(Must use address on file with the board of elections)
________________________________________________________________
________________________________________________________________
________________________________________________________________
STATEMENT OF CIRCULATOR
I, _______________________________________ (Name of
circulator of petition), declares declare under penalty of
election falsification that the circulator of the petition is a
qualified elector of the state of Ohio and resides I reside at
the address appearing below the my signature of that circulator;
that the circulator is I am a member of the ___________ Party;
that the circulator is I am the circulator of the foregoing
petition paper containing _____________ (Number) signatures;
that the circulator I witnessed the affixing of every signature;
that all signers were to the best of the circulator's my
knowledge and belief qualified to sign; and that every signature
is to the best of the circulator's my knowledge and belief the
signature of the person whose signature it purports to be or of
an attorney in fact acting pursuant to section 3501.382 of the
Revised Code. (The circulator shall personally write the number
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4929 H. B. No. 233 Page 171
As Introduced
of electors whose signatures the petition paper contains.)
For the purposes of any proceeding related to this
petition, I submit to the jurisdiction of the courts of the
State of Ohio, the Ohio Secretary of State, and the board of
elections of the county in which I have circulated this
petition. I understand that I may be required to testify or to
produce evidence in such a proceeding. I agree to receive any
service of process at the residence address I have provided.
I am compensated to circulate this petition by
______________________ (name and address). (The circulator shall
complete the preceding sentence as required by section 3501.38
of the Revised Code if the circulator is being compensated to
circulate the petition.)
_____________________________
(Signature of circulator)
____________________________
(Address of circulator's
permanent residence in this
state)
_________________________
(If petition is for a
statewide candidate, the
name and address of person
employing to circulate
petition, if any)
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4954 H. B. No. 233 Page 172
As Introduced
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE."
The secretary of state shall prescribe a form of
declaration of candidacy and petition, and the form shall be
substantially similar to the declaration of candidacy and
petition set forth in this section, that will be suitable for
joint candidates for the offices of governor and lieutenant
governor.
The petition provided for in this section shall be
circulated only by a member of the same political party as the
candidate.
Sec. 3513.261. A nominating petition may consist of one or
more separate petition papers, each of which shall be
substantially in the form prescribed in this section. If the
petition consists of more than one separate petition paper, the
statement of candidacy of the candidate or joint candidates
named need be signed by the candidate or joint candidates on
only one of such separate petition papers, but the statement of
candidacy so signed shall be copied on each other separate
petition paper before the signatures of electors are placed on
it. Each nominating petition containing signatures of electors
of more than one county shall consist of separate petition
papers each of which shall contain signatures of electors of
only one county; provided that petitions containing signatures
of electors of more than one county shall not thereby be
declared invalid. In case petitions containing signatures of
electors of more than one county are filed, the board of
elections shall determine the county from which the majority of
the signatures came, and only signatures from this county shall
be counted. Signatures from any other county shall be invalid.
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4984 H. B. No. 233 Page 173
As Introduced
All signatures on nominating petitions shall be written in
ink or indelible pencil.
At the time of filing a nominating petition, the candidate
designated in the nominating petition, and joint candidates for
governor and lieutenant governor, shall pay to the election
officials with whom it is filed the fees specified for the
office under divisions (A) and (B) of section 3513.10 of the
Revised Code. The fees shall be disposed of by those election
officials in the manner that is provided in section 3513.10 of
the Revised Code for the disposition of other fees, and in no
case shall a fee required under that section be returned to a
candidate.
Candidates or joint candidates whose names are written on
the ballot, and who are elected, shall pay the same fees under
section 3513.10 of the Revised Code that candidates who file
nominating petitions pay. Payment of these fees shall be a
condition precedent to the granting of their certificates of
election.
Each nominating petition shall contain a statement of
candidacy that shall be signed by the candidate or joint
candidates named in it or by an attorney in fact acting pursuant
to section 3501.382 of the Revised Code. Such statement of
candidacy shall contain a declaration made under penalty of
election falsification that the candidate desires to be a
candidate for the office named in it, and that the candidate is
an elector qualified to vote for the office the candidate seeks.
The form of the nominating petition and statement of
candidacy shall be substantially as follows:
"STATEMENT OF CANDIDACY
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5013 H. B. No. 233 Page 174
As Introduced
I, ___________________________________ (Name of
candidate), the undersigned, hereby declare under penalty of
election falsification that my voting residence is in
________________ __________ Precinct of the
_________________________ (Township) or (Ward and City, or
Village) in the county of _______________ Ohio; that my post-
office address is ____________________________ (Street and
Number, if any, or Rural Route and Number) of the
_______________________________ (City, Village, or post office)
of ____________________, Ohio; and that I am a qualified elector
in the precinct in which my voting residence is located. I
hereby declare that I desire to be a candidate for election to
the office of ______________ in the ________________________
(State, District, County, City, Village, Township, or School
District) for the ______________________________________ (Full
term or unexpired term ending ________________) at the General
Election to be held on the ___________ day of ___________, ____
I further declare that I am an elector qualified to vote
for the office I seek. Dated this _______ day of ______________,
____
___________________________
(Signature of candidate)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE.
I, _________________________________, hereby constitute
the persons named below a committee to represent me:
Name Residence
_______________________________________________________________
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5041 H. B. No. 233 Page 175
As Introduced
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
________________________________________________________________
The designated agent of the committee is _________________
(name). Notice of all matters or proceedings pertaining to this
petition may be served on the agent at ________________________
(address).
NOMINATING PETITION
We, the undersigned, qualified electors of the state of
Ohio, whose voting residence is in the County, City, Village,
Ward, Township or Precinct set opposite our names, hereby
nominate ____________________ as a candidate for election to the
office of ___________________________ in the
____________________________ (State, District, County, City,
Village, Township, or School District) for the _________________
(Full term or unexpired term ending ___________________) to be
voted for at the general election next hereafter to be held, and
certify that this person is, in our opinion, well qualified to
perform the duties of the office or position to which the person
desires to be elected.
1 2 3 4 5 6 7
A Street
B Address
C or R.F.D.
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5063 H. B. No. 233 Page 176
As Introduced
D (Must use
E address on City,
F file with Village
G the board of or Date of
H Signatureelections) TownshipWard PrecinctCountySigning
____________________________________________________________
____________________________________________________________
____________________________________________________________
STATEMENT OF CIRCULATOR
I, ___________________________, declares declare under penalty
of election falsification that such person is a qualified
elector of the state of Ohio and resides I reside at the address
appearing below such person's my signature hereto; that such
person is I am the circulator of the foregoing petition paper
containing ________________ signatures; that such person I
witnessed the affixing of every signature; that all signers were
to the best of such person's my knowledge and belief qualified
to sign; and that every signature is to the best of such
person's my knowledge and belief the signature of the person
whose signature it purports to be or of an attorney in fact
acting pursuant to section 3501.382 of the Revised Code. (The
circulator shall personally write the number of electors whose
signatures the petition paper contains.)
For the purposes of any proceeding related to this
petition, I submit to the jurisdiction of the courts of the
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5083 H. B. No. 233 Page 177
As Introduced
State of Ohio, the Ohio Secretary of State, and the board of
elections of the county in which I have circulated this
petition. I understand that I may be required to testify or to
produce evidence in such a proceeding. I agree to receive any
service of process at the residence address I have provided.
I am compensated to circulate this petition by
______________________ (name and address). (The circulator shall
complete the preceding sentence as required by section 3501.38
of the Revised Code if the circulator is being compensated to
circulate the petition.)
___________________________
(Signature of circulator)
___________________________
(Address of circulator's
permanent residence
in this state)
___________________________
(If petition is for a statewide
candidate, the name and address
of person employing circulator
to circulate petition, if any)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE."
The secretary of state shall prescribe a form of
nominating petition for a group of candidates for the office of
member of a board of education, township office, and offices of
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5109 H. B. No. 233 Page 178
As Introduced
municipal corporations of under two thousand population.
The secretary of state shall prescribe a form of statement
of candidacy and nominating petition, which shall be
substantially similar to the form of statement of candidacy and
nominating petition set forth in this section, that will be
suitable for joint candidates for the offices of governor and
lieutenant governor.
If such petition nominates a candidate whose election is
to be determined by the electors of a county or a district or
subdivision within the county, it shall be filed with the board
of such county. If the petition nominates a candidate whose
election is to be determined by the voters of a subdivision
located in more than one county, it shall be filed with the
board of the county in which the major portion of the population
of such subdivision is located.
If the petition nominates a candidate whose election is to
be determined by the electors of a district comprised of more
than one county but less than all of the counties of the state,
it shall be filed with the board of elections of the most
populous county in such district. If the petition nominates a
candidate whose election is to be determined by the electors of
the state at large, it shall be filed with the secretary of
state.
The secretary of state or a board of elections shall not
accept for filing a nominating petition of a person seeking to
become a candidate if that person, for the same election, has
already filed a declaration of candidacy, a declaration of
intent to be a write-in candidate, or a nominating petition, or
has become a candidate through party nomination at a primary
election or by the filling of a vacancy under section 3513.30 or
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5139 H. B. No. 233 Page 179
As Introduced
3513.31 of the Revised Code for any federal, state, or county
office, if the nominating petition is for a state or county
office, or for any municipal or township office, for member of a
city, local, or exempted village board of education, or for
member of a governing board of an educational service center, if
the nominating petition is for a municipal or township office,
or for member of a city, local, or exempted village board of
education, or for member of a governing board of an educational
service center.
Sec. 3517.01. (A)(1) A political party within the meaning
of Title XXXV of the Revised Code is any group of voters that
meets either of the following requirements:
(a) Except as otherwise provided in this division, at the
most recent regular state election, the group polled for its
candidate for governor in the state or nominees for presidential
electors at least three per cent of the entire vote cast for
that office. A group that meets the requirements of this
division remains a political party for a period of four years
after meeting those requirements.
(b) The group filed with the secretary of state,
subsequent to its failure to meet the requirements of division
(A)(1)(a) of this section, a party formation petition that meets
all of the following requirements:
(i) The petition is signed by qualified electors equal in
number to at least one per cent of the total vote for governor
or nominees for presidential electors at the most recent
election for such office.
(ii) The petition is signed by not fewer than five hundred
qualified electors from each of at least a minimum of one-half
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5168 H. B. No. 233 Page 180
As Introduced
of the congressional districts in this state. If an odd number
of congressional districts exists in this state, the number of
districts that results from dividing the number of congressional
districts by two shall be rounded up to the next whole number.
(iii) The petition declares the petitioners' intention of
organizing a political party, the name of which shall be stated
in the declaration, and of participating in the succeeding
general election, held in even-numbered years, that occurs more
than one hundred twenty-five days after the date of filing.
(iv) The petition designates a committee of not less than
three nor more than five individuals of the petitioners, who
shall represent the petitioners in all matters relating to the
petition. Notice of all matters or proceedings pertaining to the
petition may be served on the committee, or any of them
committee's agent designated under division (N)(1) of section
3501.38 of the Revised Code , either personally or by registered
mail, or by leaving such notice at the agent's usual place of
residence of each of them.
(2) No such group of electors shall assume a name or
designation that is similar, in the opinion of the secretary of
state, to that of an existing political party as to confuse or
mislead the voters at an election.
(B) A campaign committee shall be legally liable for any
debts, contracts, or expenditures incurred or executed in its
name.
(C) Notwithstanding the definitions found in section
3501.01 of the Revised Code, as used in this section and
sections 3517.08 to 3517.14, 3517.99, and 3517.992 of the
Revised Code:
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5197 H. B. No. 233 Page 181
As Introduced
(1) "Campaign committee" means a candidate or a
combination of two or more persons authorized by a candidate
under section 3517.081 of the Revised Code to receive
contributions and make expenditures.
(2) "Campaign treasurer" means an individual appointed by
a candidate under section 3517.081 of the Revised Code.
(3) "Candidate" has the same meaning as in division (H) of
section 3501.01 of the Revised Code and also includes any person
who, at any time before or after an election, receives
contributions or makes expenditures or other use of
contributions, has given consent for another to receive
contributions or make expenditures or other use of
contributions, or appoints a campaign treasurer, for the purpose
of bringing about the person's nomination or election to public
office. When two persons jointly seek the offices of governor
and lieutenant governor, "candidate" means the pair of
candidates jointly. "Candidate" does not include candidates for
election to the offices of member of a county or state central
committee, presidential elector, and delegate to a national
convention or conference of a political party.
(4) "Continuing association" means an association, other
than a campaign committee, political party, legislative campaign
fund, political contributing entity, or labor organization, that
is intended to be a permanent organization that has a primary
purpose other than supporting or opposing specific candidates,
political parties, or ballot issues, and that functions on a
regular basis throughout the year. "Continuing association"
includes organizations that are determined to be not organized
for profit under subsection 501 and that are described in
subsection 501(c)(3), 501(c)(4), or 501(c)(6) of the Internal
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5227 H. B. No. 233 Page 182
As Introduced
Revenue Code.
(5) "Contribution" means a loan, gift, deposit,
forgiveness of indebtedness, donation, advance, payment, or
transfer of funds or anything of value, including a transfer of
funds from an inter vivos or testamentary trust or decedent's
estate, and the payment by any person other than the person to
whom the services are rendered for the personal services of
another person, which contribution is made, received, or used
for the purpose of influencing the results of an election. Any
loan, gift, deposit, forgiveness of indebtedness, donation,
advance, payment, or transfer of funds or of anything of value,
including a transfer of funds from an inter vivos or
testamentary trust or decedent's estate, and the payment by any
campaign committee, political action committee, legislative
campaign fund, political party, political contributing entity,
or person other than the person to whom the services are
rendered for the personal services of another person, that is
made, received, or used by a state or county political party,
other than the moneys an entity may receive under sections
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be
considered to be a "contribution" for the purpose of section
3517.10 of the Revised Code and shall be included on a statement
of contributions filed under that section.
"Contribution" does not include any of the following:
(a) Services provided without compensation by individuals
volunteering a portion or all of their time on behalf of a
person;
(b) Ordinary home hospitality;
(c) The personal expenses of a volunteer paid for by that
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5256 H. B. No. 233 Page 183
As Introduced
volunteer campaign worker;
(d) Any gift given to an entity pursuant to section
3517.101 of the Revised Code;
(e) Any contribution as defined in section 3517.1011 of
the Revised Code that is made, received, or used to pay the
direct costs of producing or airing an electioneering
communication;
(f) Any gift given to a state or county political party
for the party's restricted fund under division (A)(2) of section
3517.1012 of the Revised Code;
(g) Any gift given to a state political party for deposit
in a Levin account pursuant to section 3517.1013 of the Revised
Code. As used in this division, "Levin account" has the same
meaning as in that section.
(h) Any donation given to a transition fund under section
3517.1014 of the Revised Code.
(6) "Expenditure" means the disbursement or use of a
contribution for the purpose of influencing the results of an
election or of making a charitable donation under division (G)
of section 3517.08 of the Revised Code. Any disbursement or use
of a contribution by a state or county political party is an
expenditure and shall be considered either to be made for the
purpose of influencing the results of an election or to be made
as a charitable donation under division (G) of section 3517.08
of the Revised Code and shall be reported on a statement of
expenditures filed under section 3517.10 of the Revised Code.
During the thirty days preceding a primary or general election,
any disbursement to pay the direct costs of producing or airing
a broadcast, cable, or satellite communication that refers to a
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5285 H. B. No. 233 Page 184
As Introduced
clearly identified candidate shall be considered to be made for
the purpose of influencing the results of that election and
shall be reported as an expenditure or as an independent
expenditure under section 3517.10 or 3517.105 of the Revised
Code, as applicable, except that the information required to be
reported regarding contributors for those expenditures or
independent expenditures shall be the same as the information
required to be reported under divisions (D)(1) and (2) of
section 3517.1011 of the Revised Code.
As used in this division, "broadcast, cable, or satellite
communication" and "refers to a clearly identified candidate"
have the same meanings as in section 3517.1011 of the Revised
Code.
(7) "Personal expenses" includes, but is not limited to,
ordinary expenses for accommodations, clothing, food, personal
motor vehicle or airplane, and home telephone.
(8) "Political action committee" means a combination of
two or more persons, the primary or major purpose of which is to
support or oppose any candidate, political party, or issue, or
to influence the result of any election through express
advocacy, and that is not a political party, a campaign
committee, a political contributing entity, or a legislative
campaign fund. "Political action committee" does not include
either of the following:
(a) A continuing association that makes disbursements for
the direct costs of producing or airing electioneering
communications and that does not engage in express advocacy;
(b) A political club that is formed primarily for social
purposes and that consists of one hundred members or less, has
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5314 H. B. No. 233 Page 185
As Introduced
officers and periodic meetings, has less than two thousand five
hundred dollars in its treasury at all times, and makes an
aggregate total contribution of one thousand dollars or less per
calendar year.
(9) "Public office" means any state, county, municipal,
township, or district office, except an office of a political
party, that is filled by an election and the offices of United
States senator and representative.
(10) "Anything of value" has the same meaning as in
section 1.03 of the Revised Code.
(11) "Beneficiary of a campaign fund" means a candidate, a
public official or employee for whose benefit a campaign fund
exists, and any other person who has ever been a candidate or
public official or employee and for whose benefit a campaign
fund exists.
(12) "Campaign fund" means money or other property,
including contributions.
(13) "Public official or employee" has the same meaning as
in section 102.01 of the Revised Code.
(14) "Caucus" means all of the members of the house of
representatives or all of the members of the senate of the
general assembly who are members of the same political party.
(15) "Legislative campaign fund" means a fund that is
established as an auxiliary of a state political party and
associated with one of the houses of the general assembly.
(16) "In-kind contribution" means anything of value other
than money that is used to influence the results of an election
or is transferred to or used in support of or in opposition to a
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5342 H. B. No. 233 Page 186
As Introduced
candidate, campaign committee, legislative campaign fund,
political party, political action committee, or political
contributing entity and that is made with the consent of, in
coordination, cooperation, or consultation with, or at the
request or suggestion of the benefited candidate, committee,
fund, party, or entity. The financing of the dissemination,
distribution, or republication, in whole or part, of any
broadcast or of any written, graphic, or other form of campaign
materials prepared by the candidate, the candidate's campaign
committee, or their authorized agents is an in-kind contribution
to the candidate and an expenditure by the candidate.
(17) "Independent expenditure" means an expenditure by a
person advocating the election or defeat of an identified
candidate or candidates, that is not made with the consent of,
in coordination, cooperation, or consultation with, or at the
request or suggestion of any candidate or candidates or of the
campaign committee or agent of the candidate or candidates. As
used in division (C)(17) of this section:
(a) "Person" means an individual, partnership,
unincorporated business organization or association, political
action committee, political contributing entity, separate
segregated fund, association, or other organization or group of
persons, but not a labor organization or a corporation unless
the labor organization or corporation is a political
contributing entity.
(b) "Advocating" means any communication containing a
message advocating election or defeat.
(c) "Identified candidate" means that the name of the
candidate appears, a photograph or drawing of the candidate
appears, or the identity of the candidate is otherwise apparent
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5372 H. B. No. 233 Page 187
As Introduced
by unambiguous reference.
(d) "Made in coordination, cooperation, or consultation
with, or at the request or suggestion of, any candidate or the
campaign committee or agent of the candidate" means made
pursuant to any arrangement, coordination, or direction by the
candidate, the candidate's campaign committee, or the
candidate's agent prior to the publication, distribution,
display, or broadcast of the communication. An expenditure is
presumed to be so made when it is any of the following:
(i) Based on information about the candidate's plans,
projects, or needs provided to the person making the expenditure
by the candidate, or by the candidate's campaign committee or
agent, with a view toward having an expenditure made;
(ii) Made by or through any person who is, or has been,
authorized to raise or expend funds, who is, or has been, an
officer of the candidate's campaign committee, or who is, or has
been, receiving any form of compensation or reimbursement from
the candidate or the candidate's campaign committee or agent;
(iii) Except as otherwise provided in division (D) of
section 3517.105 of the Revised Code, made by a political party
in support of a candidate, unless the expenditure is made by a
political party to conduct voter registration or voter education
efforts.
(e) "Agent" means any person who has actual oral or
written authority, either express or implied, to make or to
authorize the making of expenditures on behalf of a candidate,
or means any person who has been placed in a position with the
candidate's campaign committee or organization such that it
would reasonably appear that in the ordinary course of campaign-
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5401 H. B. No. 233 Page 188
As Introduced
related activities the person may authorize expenditures.
(18) "Labor organization" means a labor union; an employee
organization; a federation of labor unions, groups, locals, or
other employee organizations; an auxiliary of a labor union,
employee organization, or federation of labor unions, groups,
locals, or other employee organizations; or any other bona fide
organization in which employees participate and that exists for
the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, hours, and other
terms and conditions of employment.
(19) "Separate segregated fund" means a separate
segregated fund established pursuant to the Federal Election
Campaign Act.
(20) "Federal Election Campaign Act" means the "Federal
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et
seq., as amended.
(21) "Restricted fund" means the fund a state or county
political party must establish under division (A)(1) of section
3517.1012 of the Revised Code.
(22) "Electioneering communication" has the same meaning
as in section 3517.1011 of the Revised Code.
(23) "Express advocacy" means a communication that
contains express words advocating the nomination, election, or
defeat of a candidate or that contains express words advocating
the adoption or defeat of a question or issue, as determined by
a final judgment of a court of competent jurisdiction.
(24) "Political committee" has the same meaning as in
section 3517.1011 of the Revised Code.
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5429 H. B. No. 233 Page 189
As Introduced
(25) "Political contributing entity" means any entity,
including a corporation or labor organization, that may lawfully
make contributions and expenditures and that is not an
individual or a political action committee, continuing
association, campaign committee, political party, legislative
campaign fund, designated state campaign committee, or state
candidate fund. For purposes of this division, "lawfully" means
not prohibited by any section of the Revised Code, or authorized
by a final judgment of a court of competent jurisdiction.
(26) "Internet identifier of record" has the same meaning
as in section 9.312 of the Revised Code.
Sec. 3517.12. (A) Prior to receiving a contribution or
making an expenditure, the circulator or committee in charge of
an initiative or referendum petition, or supplementary petition
for additional signatures, for the submission of a
constitutional amendment, proposed law, section, or item of any
law shall appoint a treasurer and shall file with the secretary
of state, on a form prescribed by the secretary of state,
include a designation of that appointment , including the full
name and address of the treasurer and of the circulator or
committee on the statement described in division (B) of section
3519.02 of the Revised Code .
(B) The circulator or the committee in charge of an
initiative or referendum petition, or supplementary petition for
additional signatures, for the submission of a constitutional
amendment, proposed law, section, or item of any law shall,
within thirty days after those petition papers are filed, file
with the secretary of state, on a form prescribed by the
secretary of state, an itemized statement, made under penalty of
election falsification, showing in detail the following:
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5459 H. B. No. 233 Page 190
As Introduced
(1) All money or things of value paid, given, promised, or
received for circulating the petitions;
(2) All appointments, promotions, contracts, or increases
in salary pay, in positions which were given, promised, or
received, or to obtain which assistance was given, promised, or
received as a consideration for work done in circulating
petitions;
(3) Full names and addresses, including street, city, and
state, of all persons to whom such payments or promises were
made and of all persons from whom such payments or promises were
received;
(4) Full names and addresses, including street, city, and
state, of all persons who contributed anything of value to be
used in circulating the petitions, and the amounts of those
contributions;
(5) Time spent and salaries pay earned while soliciting
signatures to petitions by persons who were regular salaried
employees or contractors of some person or whom that employer
authorized to solicit as part of their regular duties.
If no money or things of value were paid or received or if
no promises were made or received as a consideration for work
done in circulating a petition, the statement shall contain
words to that effect.
(C) The treasurer designated under division (A) of this
section shall file statements of contributions and expenditures
in accordance with section 3517.10 of the Revised Code regarding
all contributions made or received and all expenditures made by
that treasurer or the circulator or committee in connection with
the initiative or referendum petition, or supplementary petition
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5488 H. B. No. 233 Page 191
As Introduced
for additional signatures, for the submission of a
constitutional amendment, proposed law, section, or item of any
law.
Sec. 3519.02. The (A) As used in this section,
"contribution" and "expenditure" have the same meanings as in
section 3517.01 of the Revised Code.
(B) Before circulating any initiative or referendum
petition, including a petition described in section 3519.01 of
the Revised Code, and before receiving a contribution or making
an expenditure, the petitioners shall designate in any
initiative, referendum, or supplementary petition and on each of
the several parts of such petition a file with the secretary of
state, on a form prescribed by the secretary of state, a
statement containing all of the following information:
(1) The full names and addresses of a committee of not
less than three nor more than five of their number the
petitioners, who shall represent them in all matters relating to
such petitions. Notice ;
(2) The full name and address of the committee's
treasurer;
(3) The full name and address of an agent upon whom notice
of all matters or proceedings pertaining to such petitions may
be served on said committee, or any of them, either personally
or by registered mail, or by leaving such notice at the usual
place of residence of each of them ;
(4) A designation of one or more members or agents of the
committee who consent to testify on behalf of the committee. The
designation may set out the matters on which each person
designated may testify .
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5517 H. B. No. 233 Page 192
As Introduced
(C) The committee promptly shall update the statement
described in division (B) of this section with the secretary of
state if the information in the statement changes during the
time that the committee is circulating the petition. If the law,
constitutional amendment, or referendum is certified to appear
on the ballot, the committee promptly shall update that
information if it changes at any time before the day of the
election.
(D) Each part-petition shall include the names of the
members of the committee and the name and address of the
committee's agent designated under division (B)(3) of this
section as they exist at the time the part-petition is printed.
Sec. 3519.05. (A) If the measure to be submitted proposes
a constitutional amendment, the heading of each part of the
petition shall be prepared in the following form, and printed in
capital letters in type of the approximate size set forth:
"INITIATIVE PETITION
Amendment to the Constitution
Proposed by Initiative Petition
To be submitted directly to the electors"
"Amendment" printed in fourteen-point boldface type shall
precede the title, which shall be briefly expressed and printed
in eight-point type. The summary shall then be set forth printed
in ten-point type, and then shall follow the certification of
the attorney general, under proper date, which shall also be
printed in ten-point type. The petition shall then set forth the
names and addresses of the members of the petition committee of
not less than three nor more than five to represent the
petitioners in all matters relating to the petition or its
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5546 H. B. No. 233 Page 193
As Introduced
circulation designated under section 3519.02 of the Revised Code
and the name and address of the petition committee's agent
designated under division (B)(3) of that section .
Immediately above the heading of the place for signatures
on each part of the petition the following notice shall be
printed in boldface type:
"NOTICE
Whoever knowingly signs this petition more than once;
except as provided in section 3501.382 of the Revised Code,
signs a name other than one's own on this petition; or signs
this petition when not a qualified voter, is liable to
prosecution."
The heading of the place for signatures shall be
substantially as follows:
"(Sign with ink. Your name, residence, and date of signing must
be given.)
_______________________________________________________________
1 2 3 4 5 6 7
A Rural Route or
B other Post-
C SignatureCountyTownship office Address Month Day Year
_______________________________________________________________
(Voters who do not live in a municipal corporation should fill
in the information called for by headings printed above.)
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5567 H. B. No. 233 Page 194
As Introduced
(Voters who reside in municipal corporations should fill in the
information called for by headings printed below.)
_______________________________________________________________
1 2 3 4 5 6 7 8 9
A City Street
B or and
C SignatureCountyVillageNumberWardPrecinctMonth Day Year"
_______________________________________________________________
The text of the proposed amendment shall be printed in
full, immediately following the place for signatures, and shall
be prefaced by "Be it resolved by the people of the State of
Ohio." Immediately following the text of the proposed amendment
must appear the following form:
"I, _________, declare under penalty of election
falsification that I am the circulator of the foregoing petition
paper containing the signatures of _________ electors, that the
signatures appended hereto were made and appended in my presence
on the date set opposite each respective name, and are the
signatures of the persons whose names they purport to be or of
attorneys in fact acting pursuant to section 3501.382 of the
Revised Code, and that the electors signing this petition did so
with knowledge of the contents of same. I (The circulator shall
personally write the number of electors whose signatures the
petition paper contains.)
For the purposes of any proceeding related to this
petition, I submit to the jurisdiction of the courts of the
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5590 H. B. No. 233 Page 195
As Introduced
State of Ohio, the Ohio Secretary of State, and the board of
elections of the county in which I have circulated this
petition. I understand that I may be required to testify or to
produce evidence in such a proceeding. I agree to receive any
service of process at the residence address I have provided.
I am employed compensated to circulate this petition by
________________________________ (Name and address of employer).
(The preceding sentence shall be completed as required by
section 3501.38 of the Revised Code if the circulator is being
employed compensated to circulate the petition.)
(Signed) ________________________
(Address of circulator's permanent
residence in this state)
__________________________________
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE."
(B) If the measure proposes a law, the heading of each
part of the petition shall be prepared as follows:
"INITIATIVE PETITION
Law proposed by initiative petition first to be submitted
to the General Assembly."
In all other respects, the form shall be as provided for
the submission of a constitutional amendment, except that the
text of the proposed law shall be prefaced by "Be it enacted by
the people of the state of Ohio."
The form for a supplementary initiative petition shall be
the same as that provided for an initiative petition, with the
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5617 H. B. No. 233 Page 196
As Introduced
exception that "supplementary" shall precede "initiative" in the
title thereof.
(C) The general provisions set forth in this section
relative to the form and order of an initiative petition shall
be, so far as practical, applicable to a referendum petition,
the heading of which shall be as follows:
"REFERENDUM PETITION
To be submitted to the electors for their approval or
rejection"
The title, which follows the heading, shall contain a
brief legislative history of the law, section, or item of law to
be referred. The text of the law so referred shall be followed
by the certification of the secretary of state, in accordance
with division (B)(2)(b) of section 3519.01 of the Revised Code,
that it has been compared with the copy of the enrolled act, on
file in the secretary of state's office, containing such law,
section, or item of law, and found to be correct.
(D) The secretary of state shall prescribe a form for part
petitions to be submitted during the ten-day period beginning on
the first day following the date that the secretary of state
notifies the chairperson of the committee interested in the
petition committee's agent that the petition has an insufficient
number of valid signatures. The secretary of state shall provide
to each particular committee a different form that contains a
unique identifier and that is separate from the forms prescribed
in divisions (A), (B), and (C) of this section. The secretary of
state shall make the form available to the committee only as
described in division (F) of section 3519.16 of the Revised
Code. The form shall not be considered a public record until
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5646 H. B. No. 233 Page 197
As Introduced
after the secretary of state makes it available to the committee
under that division.
The form shall comply with the requirements of Section 1g
of Article II, Ohio Constitution and, except as otherwise
provided in this division, with the requirements of divisions
(A), (B), and (C) of this section.
Sec. 3519.16. (A) Pursuant to Section 1g of Article II,
Ohio Constitution, the supreme court of Ohio shall have
exclusive original jurisdiction in all challenges to initiative
and referendum petitions.
(B) The committee interested in a petition shall include
upon each part-petition filed with the secretary of state a
designation of the county in which the part-petition was
circulated and a number for the part-petition. In any county
where part-petitions are circulated, each part-petition shall be
numbered sequentially. The committee shall sort the part-
petitions by county. Upon filing the petition with the secretary
of state, the committee also shall file the following:
(1) An electronic copy of the petition along with a
verification that the electronic copy is a true representation
of the original filed paper petition;
(2) A summary of the number of part-petitions filed per
county, and the number of signatures on each part-petition;
(3) An index of the electronic copy of the petition.
(C) From the time the petition is initially filed with the
secretary of state and until the part-petitions are returned to
the secretary of state by the boards of elections after a
determination of sufficiency under section 3519.15 of the
Revised Code, any request for the inspection or copying of the
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5675 H. B. No. 233 Page 198
As Introduced
original petition filed with the secretary of state under
Chapter 149. of the Revised Code is fulfilled if the secretary
of state permits the inspection of or provides copies of the
electronic copy of the petition filed by the circulator.
(D) Discrepancies between the electronic copy of a
petition filed under division (B)(1) of this section and the
original paper petition filed with the secretary of state shall
not render the petition invalid. Such discrepancies, if the
product of fraud, shall be subject to criminal penalties under
section 3599.36 of the Revised Code.
(E) The properly verified part-petitions, together with an
electronic copy of the part-petitions, shall be returned to the
secretary of state not less than one hundred ten days before the
election, provided that, in the case of an initiated law to be
presented to the general assembly, the boards shall promptly
check and return the petitions together with their report. The
secretary of state shall determine the sufficiency of the
signatures not later than one hundred five days before the
election. The secretary of state promptly shall notify the
chairperson of the committee in charge of the circulation
petition committee's agent as to the sufficiency or
insufficiency of the petition and the extent of the
insufficiency.
(F) If the petition is found insufficient because of an
insufficient number of valid signatures, the committee shall be
allowed ten additional days after the notification by the
secretary of state for the collection and filing of additional
signatures to the petition. When the secretary of state makes
that notification, the secretary of state simultaneously shall
provide the chairperson petition committee's agent with both a
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5705 H. B. No. 233 Page 199
As Introduced
paper copy and an electronic copy of the unique petition form
described in division (D) of section 3519.05 of the Revised
Code. At that time, the secretary of state also shall make the
form available to the public on the secretary of state's
official web site and shall transmit the form electronically to
the boards of elections. Upon request, a board of elections
shall provide a paper or electronic copy of the form to any
person.
No additional signatures shall be collected or submitted
to the secretary of state by the committee interested in the
petition, or by any person acting on behalf of the committee,
during the period beginning on the date that the petition is
initially submitted to the secretary of state and ending on the
date that the secretary of state notifies the chairperson of the
committee petition committee's agent that the petition has an
insufficient number of valid signatures. If the committee, or
any person acting on behalf of the committee, submits additional
signatures, the signatures must be on the form provided by the
secretary of state under this division and only signatures that
were signed and collected during the ten-day period to collect
and submit additional signatures may be submitted.
If additional signatures are filed, the secretary of state
shall determine the sufficiency of those additional signatures
not later than sixty-five days before the election. The part-
petitions of the supplementary petition that appear to the
secretary of state to be properly verified, upon their receipt
by the secretary of state, shall forthwith be forwarded to the
boards of the several counties together with the part-petitions
of the original petition that have been properly verified. They
shall be immediately examined and passed upon as to the validity
and sufficiency of the signatures on them by each of the boards
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5736 H. B. No. 233 Page 200
As Introduced
and returned within eight days to the secretary of state with
the report of each board. No signature on a supplementary part-
petition that is the same as a signature on an original part-
petition shall be counted. The number of signatures in both the
original and supplementary petitions, properly verified, shall
be used by the secretary of state in determining the total
number of signatures to the petition that the secretary of state
shall record and announce. If they are sufficient, the
amendment, proposed law, or law shall be placed on the ballot as
required by law. If the petition is found insufficient, the
secretary of state shall notify the committee in charge of the
circulation of the petition.
Sec. 3599.12. (A) No person shall do any of the following:
(1) Vote or attempt to vote in any primary, special, or
general election in a precinct in which that person is not a
legally qualified elector;
(2) Vote or attempt to vote more than once at the same
election by any means , including voting or attempting to vote
both by absent voter's ballots under division (G) of section
3503.16 of the Revised Code and by regular ballot at the polls
at the same election, or voting or attempting to vote both by
absent voter's ballots under division (G) of section 3503.16 of
the Revised Code and by absent voter's ballots under Chapter
3509. or armed service absent voter's ballots under Chapter
3511. of the Revised Code at the same election ;
(3) Impersonate or sign the name of another person, real
or fictitious, living or dead, and vote or attempt to vote as
that other person in any such election;
(4) Cast a ballot at any such election after objection has
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5765 H. B. No. 233 Page 201
As Introduced
been made and sustained to that person's vote;
(5) Knowingly vote or attempt to vote a ballot other than
the official ballot.
(B) Whoever violates division (A) of this section is
guilty of a felony of the fourth degree.
Sec. 3599.21. (A) No person shall knowingly do any of the
following:
(1) Impersonate another, or make a false representation in
order to obtain an absent voter's ballot;
(2) Aid or abet a person to vote an absent voter's ballot
illegally;
(3) If the person is an election official, open, destroy,
steal, mark, or mutilate any absent voter's ballot;
(4) Aid or abet another person to open, destroy, steal,
mark, or mutilate any absent voter's ballot after the ballot has
been voted;
(5) Delay the delivery of any absent voter's ballot with a
view to preventing its arrival in time to be counted;
(6) Hinder or attempt to hinder the delivery or counting
of such absent voter's ballot;
(7) Fail to forward to the appropriate election official
an absent voter's ballot application entrusted to that person to
so forward;
(8) Fail to forward to the appropriate election official
an absent voter's ballot application entrusted to that person to
so forward within ten days after that application is completed
or within such a time period that the failure to so forward the
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5792 H. B. No. 233 Page 202
As Introduced
application disenfranchises the voter with respect to a
particular election, whichever is earlier;
(9) Return the absent voter's ballot of another to the
office of a board of elections, unless either of the following
apply:
(a) The person is a relative an assistant who is
authorized to do so under division (C)(1) (D)(2), (3), or (4) of
section 3509.05 of the Revised Code;
(b) The person is, and is acting as, an employee or
contractor of the United States postal service or a private
carrier.
(10) Except as authorized under Chapters 3509. and 3511.
of the Revised Code, possess the absent voter's ballot of
another.
(B)(1) Subject to division (B)(2) of this section, no
person who receives compensation for soliciting persons to apply
to vote by absent voter's ballots shall fail to forward to the
appropriate election official an absent voter's ballot
application entrusted to that person to so forward within ten
days after that application is completed.
(2) No person who receives compensation for soliciting
persons to apply to vote by absent voter's ballots shall fail to
forward to the appropriate election official an absent voter's
ballot application entrusted to that person to so forward within
such a time period that the failure to so forward the
application disenfranchises the voter with respect to a
particular election.
(C) Whoever violates division (A) or (B) of this section
is guilty of a felony of the fourth degree.
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5821 H. B. No. 233 Page 203
As Introduced
(D) As used in this section, "person who receives
compensation for soliciting persons to apply to vote by absent
voter's ballots" includes any effort, for compensation, to
provide absent voter's ballot applications or to assist persons
in completing those applications or returning them to the
director of the board of elections of the county in which the
applicant's voting residence is located.
Section 2. That existing sections 303.12, 303.59, 307.94,
3501.01, 3501.38, 3501.381, 3501.39, 3503.13 , 3503.14, 3503.15,
3503.151, 3503.152, 3503.153 , 3503.16, 3503.19, 3503.20 ,
3503.21, 3503.33, 3505.181, 3505.182, 3505.183, 3505.20 ,
3509.02, 3509.03, 3509.04 , 3509.05, 3509.051, 3509.06, 3509.07,
3509.08, 3509.09, 3511.02, 3511.04, 3511.05, 3511.09, 3511.11,
3511.14, 3513.07, 3513.261, 3517.01, 3517.12, 3519.02, 3519.05,
3519.16, 3599.12, and 3599.21 of the Revised Code are hereby
repealed.
Section 3. A petition or part-petition described in
section 3501.38 of the Revised Code, as amended by this act,
that is signed by one or more electors before the effective date
of this section is not invalid on the ground that the petition
or part-petition does not meet the requirements of the Revised
Code, as amended by this act, so long as the petition or part-
petition meets the requirements of the Revised Code that were in
effect on the day before the effective date of this section.
Section 4. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended
by the acts indicated, are the resulting versions of the
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5851 H. B. No. 233 Page 204
As Introduced
sections in effect prior to the effective date of the sections
as presented in this act:
Section 3503.21 of the Revised Code as amended by both
H.B. 359 and S.B. 63 of the 131st General Assembly.
Section 3505.183 of the Revised Code as amended by both
H.B. 45 and H.B. 458 of the 134th General Assembly.
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