XXXV
CHAPTER 3501
ELECTION PROCEDURE; ELECTION OFFICIALS
Section
3501.01. Definitions.
[3501.01.1] 3501.011."Sign" and "signature" defined; legal mark.
Time and Place of Elections.
3501.02. Time for holding
elections and certifying question or issue.
3501.03. Notice of elections; authority of board.
Supervision of Elections.
3501.04. Chief election officer.
3501.05. Duties and powers of secretary of state.
[3501.05.1]
3501.051.Voting by minors in simulated elections.
3501.06. Board of elections; vacancies.
3501.07. Party recommendations; appointment.
3501.08. Oath of office.
3501.09. Organization of board.
[3501.09.1]
3501.091.Replacement of chairman or director with member of opposite
party.
3501.10. Lease of offices;
bond issuance for construction of building; hours; branch offices.
3501.11. Duties of board.
3501.12. Compensation of members of boards of elections.
3501.13. Duties of director; oath; notice posted.
3501.14. Compensation of
director, deputy director, and employees.
[3501.14.1]
3501.141.Group insurance for employees and board members.
3501.15. Election officials as candidates.
3501.16. Removal or suspension from office.
[3501.16.1]
3501.161.Filling of vacancy with member of opposite party.
3501.17. Expenses and apportionment of costs.
3501.18. Division of subdivision into precincts; polling places.
3501.19. [Repealed]
3501.20. State or national home may be a precinct.
3501.21. Notice of change of precinct or polling place.
3501.22. Precinct election officials.
[3501.22.1]
3501.221.Appoint interpreters to assist non-English-speaking voters.
3501.23. Precinct officials at special elections.
3501.24, 3501.25 Repealed.
3501.26. Procedure when polls are closed.
3501.27. Qualifications of
precinct election officials and precinct registrars.
3501.28. Compensation of election officials.
Polling Places.
3501.29. Polling places.
3501.30. Supplies for polling places.
[3501.30.1]
3501.301.Contract for supplies other than ballots.
3501.31. Notice mailed to
election officials; delivery of supplies; oath of officials; vacancies.
3501.32. Opening and closing polls.
3501.33. Authority of precinct officers.
3501.34. Duty of police.
3501.35. No loitering near polls.
3501.36. Fee and mileage to
precinct official delivering or returning election supplies.
3501.37. Return of booths and other equipment.
3501.38. Declaration of
candidacy, nominating petition, and other petition requirements;
withdrawal of elector's name from petition.
[3501.38.1]
3501.381.Payor and payee statements concerning compensation for
supervising, managing, or otherwise organizing statewide petition
effort.
3501.39. Grounds for rejection of petition.
§ 3501.01. Definitions.
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.
(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 February, May, August, or November, 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 February
or May, except as authorized by a municipal or county charter, but may
be held on the first 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 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 first 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 no less than twenty per cent of the total vote cast
for such office at the most recent regular state election.
(2)
"Intermediate political party" means any political party organized
under the laws of this state whose candidate for governor or nominees
for presidential electors received less than twenty per cent but not
less than ten per cent of the total vote cast for such office at the
most recent regular state election.
(3) "Minor
political party" means any political party organized under the laws of
this state whose candidate for governor or nominees for presidential
electors received less than ten per cent but not less than five per
cent of the total vote cast for such office at the most recent regular
state election or which has filed with the secretary of state,
subsequent to any election in which it received less than five per cent
of such vote, a petition signed by qualified electors equal in number
to at least one per cent of the total vote cast for such office in the
last preceding regular state election, except that 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 [3513.25.7] 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 for judicial office, 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, whose name has been
certified on the office-type ballot at a general or special election
through the filing of a declaration of candidacy and petition of
candidate, and who has won the primary election of the candidate's
party for the public office the candidate seeks 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, intermediate, 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 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 polling place judges and clerks;
(8) Employees
appointed by the boards of elections on a 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.
(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 [3701.13.2] of the Revised
Code by the department of health, the department of mental health, the
department of mental retardation and developmental disabilities, the
rehabilitation services commission, 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.
HISTORY: GC § 4785-3; 113 v 307, § 3; 114 v 679; 122 v 325;
123 v 380; Bureau of Code Revision, 10-1-53; 133 v S 35 (Eff 10-30-69);
134 v S 460 (Eff 3-23-72); 135 v H 662 (Eff 9-27-74); 138 v H 1062 (Eff
3-23-81); 139 v H 235 (Eff 1-1-82); 140 v S 213 (Eff 10-13-83); 141 v S
185 (Eff 3-23-87); 142 v H 231 (Eff 10-5-87); 145 v S 150 (Eff
12-29-93); 145 v H 8 (Eff 6-8-94); 145 v S 300 (Eff 1-1-95); 146 v H 99
(Eff 8-22-95); 148 v H 157 (Eff 9-20-99); 148 v H 471 (Eff 7-1-2000);
149 v H 445. Eff 12-23-2002.
[§ 3501.01.1] § 3501.011. "Sign" and "signature" defined; legal mark.
(A) Except as otherwise provided in
divisions (B) and (C) of this section, and except as otherwise provided
in any section of Title XXXV of the Revised Code to the contrary, as
used in the sections of the Revised Code relating to elections and
political communications, whenever a person is required to sign or
affix a signature to a declaration of candidacy, nominating petition,
declaration of intent to be a write-in candidate, initiative petition,
referendum petition, recall petition, or any other kind of petition, or
to sign or affix a signature on any other document that is filed with
or transmitted to a board of elections or the office of the secretary
of state, "sign" or "signature" means that person's written,
cursive-style legal mark written in that person's own hand.
(B) For persons who do not use a
cursive-style legal mark during the course of their regular business
and legal affairs, "sign" or "signature" means that person's other
legal mark that the person uses during the course of that person's
regular business and legal affairs that is written in the person's own
hand.
(C) Any voter registration record
requiring a person's signature shall be signed using the person's legal
mark used in the person's regular business and legal affairs. For any
purpose described in division (A) of this section, the legal mark of a
registered elector shall be considered to be the mark of that elector
as it appears on the elector's voter registration record.
HISTORY: 150 v H 95, § 1, eff. 9-26-03.
——————————
TIME AND PLACE OF ELECTIONS
§ 3501.02. Time for holding elections and certifying question or issue.
General elections in the state and its political subdivisions shall be held as follows:
(A) For the election of electors of president
and vice-president of the United States, in the year of 1932 and every
four years thereafter;
(B) For the election of a member of the senate
of the United States, in the years 1932 and 1934, and every six years
after each of such years; except as otherwise provided for filling
vacancies;
(C) For the election of representatives in the
congress of the United States and of elective state and county officers
including elected members of the state board of education, in the
even-numbered years; except as otherwise provided for filling
vacancies;
(D) For municipal and township officers,
members of boards of education, judges and clerks of municipal courts,
in the odd-numbered years;
(E) Proposed constitutional amendments or
proposed measures submitted by the general assembly or by initiative or
referendum petitions to the voters of the state at large may be
submitted to the general election in any year occurring at least sixty
days, in case of a referendum, and ninety days, in the case of an
initiated measure, subsequent to the filing of the petitions therefor.
Proposed constitutional amendments submitted by the general assembly to
the voters of the state at large may be submitted at a special election
occurring on the day in any year specified by division (E) of section
3501.01 of the Revised Code for the holding of a primary election, when
a special election on that date is designated by the general assembly
in the resolution adopting the proposed constitutional amendment.
No special election shall be held on a day other than the day of a
general election, unless a law or charter provides otherwise, regarding
the submission of a question or issue to the voters of a county,
township, city, village, or school district.
(F) Any question or issue, except a candidacy,
to be voted upon at an election shall be certified, for placement upon
the ballot, to the board of elections not later than four p.m. of the
seventy-fifth day before the day of the election.
HISTORY: GC § 4785-4; 113 v 307, § 4; 114 v 679; Bureau of
Code Revision, 10-1-53; 126 v 655(692) (Eff 7-12-55); 129 v 582(791)
(Eff 1-10-61); 132 v H 934 (Eff 5-31-68); 135 v S 44 (Eff 9-11-73); 135
v H 662 (Eff 9-27-74); 136 v H 205 (Eff 1-1-76); 138 v H 1062 (Eff
3-23-81); 139 v H 235 (Eff 1-1-82); 140 v S 213 (Eff 10-13-83); 145 v S
150 (Eff 12-29-93); 146 v H 117 (Eff 9-29-95); 146 v H 99 (Eff
8-22-95); 148 v H 711. Eff 10-5-2000.
§ 3501.03. Notice of elections; authority of board.
At least ten days before the time for holding an election the board of
elections shall give public notice by a proclamation, posted in a
conspicuous place in the courthouse and city hall, or by one insertion
in a newspaper published in the county, but if no newspaper is
published in such county, then in a newspaper of general circulation
therein.
The board shall have authority to publicize information relative to registration or elections.
HISTORY: GC § 4785-5; 113 v 307, § 5; Bureau of Code Revision, 10-1-53; 125 v 713(734). Eff 1-1-54.
——————————
SUPERVISION OF ELECTIONS
§ 3501.04. Chief election officer.
The secretary of state is the chief election officer of the state, with
such powers and duties relating to the registration of voters and the
conduct of elections as are prescribed in Title XXXV [35] of the
Revised Code. He shall perform these duties, in addition to other
duties imposed upon him by law, without additional compensation.
HISTORY: GC § 4785-6; 113 v 307, § 6; Bureau of Code Revision. Eff 10-1-53.
§ 3501.05. Duties and powers of secretary of state.
The secretary of state shall do all of the following:
(A) Appoint all members of boards of elections;
(B) Issue instructions by directives and
advisories to members of the boards as to the proper methods of
conducting elections;
(C) Prepare rules and instructions for the conduct of elections;
(D) Publish and furnish to the boards from
time to time a sufficient number of indexed copies of all election laws
then in force;
(E) Edit and issue all pamphlets concerning
proposed laws or amendments required by law to be submitted to the
voters;
(F) Prescribe the form of registration cards, blanks, and records;
(G) Determine and prescribe the forms of
ballots and the forms of all blanks, cards of instructions, pollbooks,
tally sheets, certificates of election, and forms and blanks required
by law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to
be placed on the ballot for any proposed law or amendment to the
constitution to be submitted to the voters of the state;
(I) Certify to the several boards the forms of
ballots and names of candidates for state offices, and the form and
wording of state referendum questions and issues, as they shall appear
on the ballot;
(J) Give final approval to ballot language for
any local question or issue approved and transmitted by boards of
elections under section 3501.11 of the Revised Code;
(K) Receive all initiative and referendum
petitions on state questions and issues and determine and certify to
the sufficiency of those petitions;
(L) Require such reports from the several
boards as are provided by law, or as the secretary of state considers
necessary;
(M) Compel the observance by election officers
in the several counties of the requirements of the election laws;
(N)
(1) Except as
otherwise provided in division (N)(2) of this section, investigate the
administration of election laws, frauds, and irregularities in
elections in any county, and report violations of election laws to the
attorney general or prosecuting attorney, or both, for prosecution;
(2) On and after
August 24, 1995, report a failure to comply with or a violation of a
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to
3517.22, 3599.03, or 3599.031 [3599.03.1] of the Revised Code, whenever
the secretary of state has or should have knowledge of a failure to
comply with or a violation of a provision in one of those sections, by
filing a complaint with the Ohio elections commission under section
3517.153 [3517.15.3] of the Revised Code;
(O) Make an annual report to the governor
containing the results of elections, the cost of elections in the
various counties, a tabulation of the votes in the several political
subdivisions, and other information and recommendations relative to
elections the secretary of state considers desirable;
(P) Prescribe and distribute to boards of
elections a list of instructions indicating all legal steps necessary
to petition successfully for local option elections under sections
4301.32 to 4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Prescribe a general program to remove
ineligible voters from official registration lists by reason of change
of residence, which shall be uniform, nondiscriminatory, and in
compliance with the Voting Rights Act of 1965 and the National Voter
Registration Act of 1993, including a program that uses the national
change of address service provided by the United States postal system
through its licensees;
(R) Prescribe a general program for
registering voters or updating voter registration information, such as
name and residence changes, at designated agencies, the offices of
deputy registrars of motor vehicles, public high schools and vocational
schools, public libraries, and the offices of county treasurers, and
prescribe a program of distribution of voter registration forms through
those agencies, the offices of the registrar and deputy registrars of
motor vehicles, public high schools and vocational schools, public
libraries, and the offices of county treasurers;
(S) To the extent feasible, provide copies, at
no cost and upon request, of the voter registration form in post
offices in this state;
(T) Adopt rules pursuant to section 111.15 of
the Revised Code for the purpose of implementing the program for
registering voters at designated agencies and the offices of the
registrar and deputy registrars of motor vehicles consistent with this
chapter;
(U) Specify, by a directive issued not later
than thirty-five days prior to the date of an election, the date by
which the boards shall complete the canvass of election returns under
section 3505.32 or 3513.22 of the Revised Code;
(V) Establish the full-time position of
Americans with Disabilities Act coordinator within the office of the
secretary of state to do all of the following:
(1) Assist the
secretary of state with ensuring that there is equal access to polling
places for persons with disabilities;
(2) Assist the
secretary of state with ensuring that each voter may cast the voter's
ballot in a manner that provides the same opportunity for access and
participation, including privacy and independence, as for other voters;
(3) Advise the
secretary of state in the development of standards for the
certification of voting machines, marking devices, and automatic
tabulating equipment.
(W) Perform other duties required by law.
Whenever a primary election is held under section 3513.32 of the
Revised Code or a special election is held under section 3521.03 of the
Revised Code to fill a vacancy in the office of representative to
congress, the secretary of state shall establish a deadline,
notwithstanding any other deadline required under the Revised Code, by
which any or all of the following shall occur: the filing of a
declaration of candidacy and petitions or a statement of candidacy and
nominating petition together with the applicable filing fee; the filing
of protests against the candidacy of any person filing a declaration of
candidacy or nominating petition; the filing of a declaration of intent
to be a write-in candidate; the filing of campaign finance reports; the
preparation of, and the making of corrections or challenges to,
precinct voter registration lists; the receipt of applications for
absent voter's ballots or armed service absent voter's ballots; the
supplying of election materials to precincts by boards of elections;
the holding of hearings by boards of elections to consider challenges
to the right of a person to appear on a voter registration list; and
the scheduling of programs to instruct or reinstruct election officers.
In the performance of the secretary of state's duties as the chief
election officer, the secretary of state may administer oaths, issue
subpoenas, summon witnesses, compel the production of books, papers,
records, and other evidence, and fix the time and place for hearing any
matters relating to the administration and enforcement of the election
laws.
In any controversy involving or arising out of the adoption of
registration or the appropriation of funds for registration, the
secretary of state may, through the attorney general, bring an action
in the name of the state in the court of common pleas of the county
where the cause of action arose or in an adjoining county, to
adjudicate the question.
In any action involving the laws in Title XXXV [35] of the Revised Code
wherein the interpretation of those laws is in issue in such a manner
that the result of the action will affect the lawful duties of the
secretary of state or of any board of elections, the secretary of state
may, on the secretary of state's motion, be made a party.
The secretary of state may apply to any court that is hearing a case in
which the secretary of state is a party, for a change of venue as a
substantive right, and the change of venue shall be allowed, and the
case removed to the court of common pleas of an adjoining county named
in the application or, if there are cases pending in more than one
jurisdiction that involve the same or similar issues, the court of
common pleas of Franklin county.
Public high schools and vocational schools, public libraries, and the
office of a county treasurer shall implement voter registration
programs as directed by the secretary of state pursuant to this
section.
HISTORY: GC § 4785-7; 113 v 307, § 7; 123 v 380; Bureau of
Code Revision, 10-1-53; 125 v 543 (Eff 10-21-53); 133 v S 20 (Eff
10-30-69); 137 v H 247 (Eff 3-15-79); 138 v H 1062 (Eff 3-23-81); 145 v
S 300 (Eff 1-1-95); 146 v H 99 (Eff 8-22-95); 146 v S 9 (Eff 8-24-95);
149 v H 5. Eff 8-28-2001; 150 v H 262, § 1, eff. 5-7-04.
[§ 3501.05.1] § 3501.051. Voting by minors in simulated elections.
(A) Notwithstanding any other section of
the Revised Code, the secretary of state may authorize, in one or more
precincts in one or more counties, a program allowing individuals under
the age of eighteen to enter the polling place and vote in a simulated
election held at the same time as a general election. Any individual
working in or supervising at a simulated election may enter the polling
place and remain within it during the entire period the polls are open.
(B) A program established under division (A) of this section shall require all of the following:
(1) That the
duties imposed on judges of election and peace officers under section
3501.33 of the Revised Code be performed by those judges and officers
in regard to simulated elections and all activities related to
simulated elections;
(2) That
volunteers provide the personnel necessary to conduct the simulated
election, except that employees of the secretary of state, employees or
members of boards of elections, and precinct election officials may aid
in operating the program to the extent permitted by the secretary of
state;
(3) That
individuals under the age of fourteen be accompanied to the simulated
election by an individual eighteen years of age or over;
(4) Any other
requirements the secretary of state considers necessary for the orderly
administration of the election process.
HISTORY: 144 v H 471. Eff 7-21-92.
§ 3501.06. Board of elections; vacancies.
There shall be in each county of the state a board of elections
consisting of four qualified electors of the county, who shall be
appointed by the secretary of state, as the secretary's
representatives, to serve for the term of four years. On the first day
of March in even-numbered years the secretary of state shall appoint
two of such board members, one of whom shall be from the political
party which cast the highest number of votes for the office of governor
at the most recent regular state election, and the other shall be from
the political party which cast the next highest number of votes for the
office of governor at such election. All vacancies filled for unexpired
terms and all appointments to new terms shall be made from the
political party to which the vacating or outgoing member belonged,
unless there is a third political party which cast a greater number of
votes in the state at the most recent regular state election for the
office of governor than did the party to which the retiring member
belonged, in which event the vacancy shall be filled from such third
party.
HISTORY: GC § 4785-8; 113 v 307, § 8; 114 v 679; 118 v 223;
Bureau of Code Revision (Eff 10-1-53); 146 v H 99. Eff 8-22-95.
§ 3501.07. Party recommendations; appointment.
At a meeting held not more than sixty nor less than fifteen days before
the expiration date of the term of office of a member of the board of
elections, or within fifteen days after a vacancy occurs in the board,
the county executive committee of the major political party entitled to
the appointment may make and file a recommendation with the secretary
of state for the appointment of a qualified elector. The secretary of
state shall appoint such elector, unless he has reason to believe that
the elector would not be a competent member of such board. In such
cases the secretary of state shall so state in writing to the chairman
of such county executive committee, with the reasons therefor, and such
committee may either recommend another elector or may apply for a writ
of mandamus to the supreme court to compel the secretary of state to
appoint the elector so recommended. In such action the burden of proof
to show the qualifications of the person so recommended shall be on the
committee making the recommendation. If no such recommendation is made,
the secretary of state shall make the appointment.
If a vacancy on the board of elections is to be filled by a minor or an
intermediate political party, authorized officials of that party may
within fifteen days after the vacancy occurs recommend a qualified
person to the secretary of state for appointment to such vacancy.
HISTORY: GC § 4785-9; 113 v 307, § 9; 118 v 223; 119 v 741;
123 v 380; Bureau of Code Revision, 10-1-53; 132 v H 64 (Eff 7-5-67);
134 v S 460. Eff 3-23-72.
§ 3501.08. Oath of office.
Before entering upon the duties of his office, each member of the board
of elections shall appear before a person authorized to administer
oaths and take and subscribe to an oath that he will support the
constitutions of the United States and of the state, will perform the
duties of the office to the best of his ability, will enforce the
election laws, and will protect and preserve the records and property
pertaining to elections. Such oath shall be filed with the clerk of the
court of common pleas of the county wherein the officer resides within
fifteen days from the date of appointment.
HISTORY: GC § 4785-12; 113 v 307, § 12; Bureau of Code Revision, 10-1-53; 125 v 713. Eff 1-1-54.
§ 3501.09. Organization of board.
Biennially, within five days after the appointments to the board of
elections are made by the secretary of state, the members of the board
shall meet and organize by selecting one of their number as
chairperson, who shall preside at all meetings. They shall, upon
careful consideration of each such person's qualifications, select a
resident elector of the county, other than a member of the board, as
director, and a resident elector of the county as deputy director. All
such officers shall continue in office, at the pleasure of the board,
for two years. The balloting for such officers shall commence on the
day of the convening and be taken until such organization is effected
or five ballots have been cast. The director shall first be selected by
the votes of at least three members. If, after five ballots, no person
is agreed upon as director, the names of all persons voted for on the
fifth ballot, together with the names of the board members who
nominated them, shall be certified to the secretary of state, who shall
designate therefrom one of such persons to serve as director, unless
the secretary of state has reason to believe that no person nominated
is qualified. In this case the secretary of state shall so state in
writing to the board, and the board shall nominate other persons, in
the manner in which the original persons were nominated, and select
from those nominated another person as director. If, after five
ballots, no person is agreed upon as director, the names of all persons
voted for on the fifth ballot, together with the names of the board
members who nominated them, shall be certified to the secretary of
state, who shall designate therefrom one of such nominees to serve as
director and another such nominee to serve as deputy director. If the
board fails to nominate another person as director, the office shall be
filled in accordance with the procedures of section 3501.16 of the
Revised Code.
The director and deputy director shall be of opposite political
parties, and each such officer shall have been nominated by a board
member of the political party to which he belongs, but the board may
decide by the affirmative vote of at least three members that the
services of a deputy director are unnecessary and such deputy director
then shall not be employed. After the selection of the director and
deputy director, the chairman shall be selected from the members of the
board of opposite politics to that of the director. If, upon the first
ballot, no person is agreed upon as chairman, the member of opposite
politics to the director having the shortest term to serve shall be
chairman, and shall preside at all meetings. When such organization is
perfected, the director shall forthwith report it to the secretary of
state.
HISTORY: GC § 4785-10; 113 v 307, § 10; 114 v 679; Bureau of
Code Revision, 10-1-53; 131 v 867 (Eff 11-1-65); 137 v S 125 (Eff
7-8-77); 138 v H 1062 (Eff 3-23-81); 146 v H 99. Eff 8-22-95.
[§ 3501.09.1] § 3501.091. Replacement of chairman or director with member of opposite party.
At any time after the organization of the board of elections is
perfected and reported to the secretary of state under section 3501.09
of the Revised Code, the board may decide by the affirmative vote of at
least three members to replace the board's present chairman or director
with a person belonging to the opposite political party from the one to
which the present officer belongs. After such a vote, the members of
the board shall reselect all officers of the board in accordance with
the procedures set forth in section 3501.09 of the Revised Code. An
officer selected through this process shall serve as an officer for the
remainder of the term for which the outgoing officer was selected to
serve as an officer. A reselection of officers under this section does
not increase or decrease the length of any person's term as a member of
the board. The director and deputy director shall be of opposite
political parties, and the chairman shall be selected from the members
of the board of opposite politics from those of the director.
HISTORY: 144 v S 8. Eff 5-21-91.
§ 3501.10. Lease of offices; bond issuance for construction of building; hours; branch offices.
(A) The board of elections shall, as an
expense of the board, provide suitable rooms for its offices and
records and the necessary and proper furniture and supplies for those
rooms. The board may lease such offices and rooms, necessary to its
operation, for the length of time and upon the terms the board deems in
the best interests of the public, provided that the term of any such
lease shall not exceed fifteen years.
Thirty days prior to entering into such a
lease, the board shall notify the board of county commissioners in
writing of its intent to enter into the lease. The notice shall specify
the terms and conditions of the lease. Prior to the thirtieth day after
receiving that notice and before any lease is entered into, the board
of county commissioners may reject the proposed lease by a majority
vote. After receiving written notification of the rejection by the
board of county commissioners, the board of elections shall not enter
into the lease that was rejected, but may immediately enter into
additional lease negotiations, subject to the requirements of this
section.
The board of elections in any county may, by
resolution, request that the board of county commissioners submit to
the electors of the county, in accordance with section 133.18 of the
Revised Code, the question of issuing bonds for the acquisition of real
estate and the construction on it of a suitable building with necessary
furniture and equipment for the proper administration of the duties of
the board of elections. The resolution declaring the necessity for
issuing such bonds shall relate only to the acquisition of real estate
and to the construction, furnishing, and equipping of a building as
provided in this division.
(B) The board of elections in each
county shall keep its offices, or one or more of its branch
registration offices, open for the performance of its duties until nine
p.m. on the last day of registration before a general or primary
election. At all other times during each week, the board shall keep its
offices and rooms open for a period of time that the board considers
necessary for the performance of its duties.
(C) The board of elections may maintain
permanent or temporary branch offices at any place within the county.
HISTORY: GC § 4785-17; 113 v 307, § 17; Bureau of Code
Revision, 10-1-53; 127 v 741 (Eff 1-1-58); 129 v 558 (Eff 7-11-61); 135
v S 143 (Eff 5-24-74); 137 v S 125 (Eff 5-27-77); 141 v H 555 (Eff
2-26-86); 145 v H 143 (Eff 7-22-94); 146 v H 99 (Eff 8-22-95); 147 v H
215. Eff 6-30-97; 150 v H 262, § 1, eff. 5-7-04.
§ 3501.11. Duties of board.
Each board of elections shall exercise by a majority vote all powers
granted to the board by Title XXXV [35] of the Revised Code, shall
perform all the duties imposed by law, and shall do all of the
following:
(A) Establish, define, provide, rearrange, and combine election precincts;
(B) Fix and provide the places for registration and for holding primaries and elections;
(C) Provide for the purchase, preservation,
and maintenance of booths, ballot boxes, books, maps, flags, blanks,
cards of instructions, and other forms, papers, and equipment used in
registration, nominations, and elections;
(D) Appoint and remove its director, deputy
director, and employees and all registrars, judges, and other officers
of elections, fill vacancies, and designate the ward or district and
precinct in which each shall serve;
(E) Make and issue rules and instructions, not
inconsistent with law or the rules, directives, or advisories issued by
the secretary of state, as it considers necessary for the guidance of
election officers and voters;
(F) Advertise and contract for the printing of
all ballots and other supplies used in registrations and elections;
(G) Provide for the issuance of all notices,
advertisements, and publications concerning elections, except as
otherwise provided in division (G) of section 3501.17 of the Revised
Code;
(H) Provide for the delivery of ballots,
pollbooks, and other required papers and material to the polling
places;
(I) Cause the polling places to be suitably provided with stalls and other required supplies;
(J) Investigate irregularities, nonperformance
of duties, or violations of Title XXXV [35] of the Revised Code by
election officers and other persons; administer oaths, issue subpoenas,
summon witnesses, and compel the production of books, papers, records,
and other evidence in connection with any such investigation; and
report the facts to the prosecuting attorney;
(K) Review, examine, and certify the
sufficiency and validity of petitions and nomination papers, and, after
certification, return to the secretary of state all petitions and
nomination papers that the secretary of state forwarded to the board;
(L) Receive the returns of elections, canvass
the returns, make abstracts of them, and transmit those abstracts to
the proper authorities;
(M) Issue certificates of election on forms to be prescribed by the secretary of state;
(N) Make an annual report to the secretary of
state, on the form prescribed by the secretary of state, containing a
statement of the number of voters registered, elections held, votes
cast, appropriations received, expenditures made, and other data
required by the secretary of state;
(O) Prepare and submit to the proper
appropriating officer a budget estimating the cost of elections for the
ensuing fiscal year;
(P) Perform other duties as prescribed by law
or the rules, directives, or advisories of the secretary of state;
(Q) Investigate and determine the residence qualifications of electors;
(R) Administer oaths in matters pertaining to the administration of the election laws;
(S) Prepare and submit to the secretary of
state, whenever the secretary of state requires, a report containing
the names and residence addresses of all incumbent county, municipal,
township, and board of education officials serving in their respective
counties;
(T) Establish and maintain a voter
registration of all qualified electors in the county who offer to
register;
(U) Maintain voter registration records, make
reports concerning voter registration as required by the secretary of
state, and remove ineligible electors from voter registration lists in
accordance with law and directives of the secretary of state;
(V) At least annually, on a schedule and in a
format prescribed by the secretary of state, submit to the secretary of
state an accurate and current list of all registered voters in the
county for the purpose of assisting the secretary of state to maintain
a master list of registered voters pursuant to section 3503.27 of the
Revised Code;
(W) Give approval to ballot language for any
local question or issue and transmit the language to the secretary of
state for the secretary of state's final approval;
(X) Prepare and cause the following notice to
be displayed in a prominent location in every polling place:
"NOTICE
Ohio law prohibits any person from voting or attempting to vote more than once at the same election.
Violators are guilty of a felony of the fourth degree and shall be
imprisoned and additionally may be fined in accordance with law."
In all cases of a tie vote or a disagreement in the board, if no
decision can be arrived at, the director or chairperson shall submit
the matter in controversy, not later than fourteen days after the tie
vote or the disagreement, to the secretary of state, who shall
summarily decide the question, and the secretary of state's decision
shall be final.
(Y) Assist each designated agency, deputy registrar of motor vehicles,
public high school and vocational school, public library, and office of
a county treasurer in the implementation of a program for registering
voters at all voter registration locations as prescribed by the
secretary of state. Under this program, each board of elections shall
direct to the appropriate board of elections any voter registration
applications for persons residing outside the county where the board is
located within five days after receiving the applications.
On any day on which an elector may vote in person at the office of the
board or at another site designated by the board, the board or other
designated site shall be considered a polling place for that day, and
all requirements or prohibitions of law that apply to a polling place
shall apply to the office of the board or other designated site on that
day.
HISTORY: GC § 4785-13; 113 v 307, § 13; Bureau of Code
Revision, 10-1-53; 125 v 713 (Eff 1-1-54); 131 v 868 (Eff 9-1-65); 132
v H 1 (Eff 2-21-67); 137 v S 125 (Eff 5-27-77); 138 v H 1062 (Eff
3-23-81); 141 v H 555 (Eff 2-26-86); 145 v S 300 (Eff 1-1-95); 146 v H
99 (Eff 8-22-95); 147 v H 215 (Eff 6-30-97); 149 v H 5. Eff 8-28-2001.
§ 3501.12. Compensation of members of boards of elections.
The annual compensation of members of the board of elections shall be
determined on the basis of the population of the county according to
the next preceding federal census, and shall be paid monthly out of the
appropriations made to the board and upon vouchers or payrolls
certified by the chairperson, or a member of the board designated by
it, and countersigned by the director or in the director's absence by
the deputy director. Upon presentation of any such voucher or payroll,
the county auditor shall issue a warrant upon the county treasurer for
the amount thereof as in the case of vouchers or payrolls for county
offices and the treasurer shall pay such warrant.
(A) Except as provided in divisions (B) and
(C) of this section, the amount of annual compensation of members of
the board shall be as follows:
(1) Eighty-five
dollars for each full one thousand of the first one hundred thousand
population;
(2) Forty
dollars and fifty cents for each full one thousand of the second one
hundred thousand population;
(3) Twenty-two
dollars for each full one thousand of the third one hundred thousand
population;
(4) Six dollars
and seventy-five cents for each full one thousand above three hundred
thousand population.
(B) Except as provided in division (C) of this
section, the compensation of a member of the board shall not be less
than three thousand three hundred seventy-five dollars and shall not
exceed twenty thousand dollars annually.
(C) In calendar year 2001, the annual
compensation of each member of the board shall be computed after
increasing the dollar amounts specified in divisions (A) and (B) of
this section by three per cent.
(D) In calendar year 2002, the annual
compensation of each member of the board shall be computed after
increasing by three per cent the dollar amounts used to compute the
compensation of a member under division (C) of this section.
(E) In calendar year 2003 and thereafter, the
annual compensation of each member of the board shall be computed after
increasing by three per cent the dollar amounts used to compute the
compensation of a member under division (D) of this section.
For the purposes of this section, members of boards of elections shall
be deemed to be appointed and not elected, and therefore not subject to
Section 20 of Article II of the Ohio Constitution.
HISTORY: GC § 4785-18; 113 v 307, § 18; 122 v 325; 124 v 673;
Bureau of Code Revision, 10-1-53; 125 v 713; 126 v 205; 128 v 461 (Eff
10-23-59); 131 v 870 (Eff 11-4-65); 132 v S 517 (Eff 6-10-68); 136 v H
751 (Eff 2-29-76); 138 v H 1062 (Eff 3-23-81); 140 v H 897 (Eff
12-26-84); 146 v H 408 (Eff 5-8-96); 148 v H 712. Eff 12-8-2000.
§ 3501.13. Duties of director; oath; notice posted.
The director of the board of elections shall keep a full and true
record of the proceedings of the board and of all moneys received and
expended; file and preserve in its office all orders and records
pertaining to the administration of registrations, primaries, and
elections; receive and have the custody of all books, papers, and
property belonging to the board; and shall perform such other duties in
connection with his office and the proper conduct of elections as the
board determines.
Before entering upon the duties of his office, the director shall
subscribe to an oath that he will support the constitutions of the
United States and of this state, perform all the duties of the director
to the best of his ability, enforce the election laws, and preserve all
records, documents, and other property pertaining to the conduct of
elections placed in his custody.
The director may administer oaths to such persons as are required by
law to file certificates or other papers with the board, to judges and
clerks of elections, to witnesses who are called to testify before the
board, and to voters filling out blanks at the board's offices. Except
as otherwise provided by state or federal law, the records of the board
and papers and books filed in its office are public records and open to
inspection under such reasonable regulations as shall be established by
the board. The following notice shall be posted in a prominent place at
each board office:
"Except as otherwise provided by state or federal law, records filed in
this office of the board of elections are open to public inspection
during normal office hours, pursuant to the following reasonable
regulations: (the board shall here list its regulations). Whoever
prohibits any person from inspecting the public records of this board
is subject to the penalties of section 3599.161 [3599.16.1] of the
Revised Code."
HISTORY: GC § 4785-14; 113 v 307, § 14; Bureau of Code
Revision, 10-1-53; 137 v H 86 (Eff 8-26-77); 138 v H 1062 (Eff
3-23-81); 145 v S 300. Eff 1-1-95.
§ 3501.14. Compensation of director, deputy director, and employees.
The board of elections shall, by a vote of not less than three of its
members, fix the annual compensation of its director and deputy
director who are selected in accordance with section 3501.09 of the
Revised Code.
The board may, when necessary, appoint a deputy director, who shall not
be a member of the same political party of which the director is a
member, and other employees, prescribe their duties, and, by a vote of
not less than three of its members, fix their compensation.
The director, deputy director, and other employees of the board are not
public officers and shall serve, during their term of office, at the
discretion of the board. The board may summarily remove the director or
the deputy director by a vote of not less than three of its members and
may remove any other employee by a majority vote of its membership.
The deputy director and all other election officials shall take and
subscribe to the same oath for the faithful performance of their duties
as is required of the director of the board. The deputy director shall
have the same power as the director to administer oaths. The board may
also employ additional employees, when necessary, for part time only at
the prevailing rate of pay for such services.
A tie vote or disagreement in the board on the amount of compensation
to be paid to a director, deputy director, or any employee shall not be
submitted to the secretary of state.
HISTORY: GC § 4785-15; 113 v 307, § 15; 114 v 679; 120 v 611;
122 v 325; 123 v 546; 124 v 673; Bureau of Code Revision, 10-1-53; 138
v H 1062. Eff 3-23-81.
[§ 3501.14.1] § 3501.141. Group insurance for employees and board members.
(A) The board of elections of any county
may contract, purchase, or otherwise procure and pay all or any part of
the cost of group insurance policies that may provide benefits for
hospitalization, surgical care, major medical care, disability, dental
care, eye care, medical care, hearing aids, or prescription drugs, and
that may provide sickness and accident insurance, or group life
insurance, or a combination of any of the foregoing types of insurance
or coverage for the full-time employees of such board and their
immediate dependents, whether issued by an insurance company or a
health insuring corporation, duly authorized to do business in this
state. The authority granted under this division applies only when the
board of county commissioners, by resolution, denies coverage described
in this division to full-time employees of the board of elections.
(B) The board of elections of any
county, with the approval of the board of county commissioners, may
procure and pay all or any part of the cost of group hospitalization,
surgical, major medical, or sickness and accident insurance or a
combination of any of the foregoing types of insurance or coverage for
the members appointed to the board of elections under section 3501.06
of the Revised Code and their immediate dependents when each member's
term begins, whether issued by an insurance company or a health
insuring corporation, duly authorized to do business in this state.
HISTORY: 133 v S 388 (Eff 11-18-69); 134 v S 17 (Eff 11-17-71); 138 v S
190 (Eff 10-25-79); 142 v S 124 (Eff 10-1-87); 147 v S 67. Eff 6-4-97;
151 v H 66, § 101.01, eff. 9-29-05.
§ 3501.15. Election officials as candidates.
No person shall serve as a member, director, deputy director, or
employee of the board of elections who is a candidate for any office to
be filled at an election, except the office of delegate or alternate to
a convention, member of the board of directors of a county agricultural
society, presidential elector, or a member of a party committee. No
person who is a candidate for an office or position to be voted for by
the electors of a precinct, except for a candidate for county central
committee who is not opposed by any other candidate in that election
and precinct, shall serve as a precinct election officer in said
precinct.
HISTORY: GC § 4785-16; 113 v 307, § 16; 124 v 673 Bureau of
Code Revision, 10-1-53; 125 v 713(736) (Eff 1-1-54); 138 v H 1062 (Eff
3-23-81); 141 v H 555. Eff 2-26-86.
§ 3501.16. Removal or suspension from office.
The secretary of state may summarily remove or suspend any member of a
board of elections, or the director, deputy director, or any other
employee of the board, for neglect of duty, malfeasance, misfeasance,
or nonfeasance in office, for any willful violation of Title XXXV [35]
of the Revised Code, or for any other good and sufficient cause. Except
as otherwise provided in section 3501.161 [3501.16.1] of the Revised
Code, vacancies in the office of chairperson, director, or deputy
director shall be filled in the same manner as original selections are
made, from persons belonging to the same political party as that to
which the outgoing officer belonged. If those vacancies cannot be
filled in that manner, they shall be filled by the secretary of state.
HISTORY: GC § 4785-11; 113 v 307, § 11; Bureau of Code
Revision, 10-1-53; 138 v H 1062 (Eff 3-23-81); 144 v S 8 (Eff 5-21-91);
146 v H 99. Eff 8-22-95.
[§ 3501.16.1] § 3501.161. Filling of vacancy with member of opposite party.
The board may decide by the affirmative vote of at least three members
to fill a vacancy in the office of chairman or director with a person
belonging to the opposite political party from that to which the
outgoing officer belonged. After such a vote, the vacancy shall be
filled and all other officers shall be reselected in accordance with
the procedures set forth in section 3501.09 of the Revised Code. An
officer filling a vacancy and an officer who becomes or remains an
officer after the reselection shall serve as an officer for the
remainder of the term for which the outgoing officer was selected to
serve as an officer. A reselection of officers under this section does
not increase or decrease the length of any person's term as member of
the board. The director and deputy director shall be of opposite
political parties, and the chairman shall be selected from the members
of the board of opposite politics from those of the director.
HISTORY: 144 v S 8. Eff 5-21-91.
§ 3501.17. Expenses and apportionment of costs.
(A) The expenses of the board of
elections shall be paid from the county treasury, in pursuance of
appropriations by the board of county commissioners, in the same manner
as other county expenses are paid. If the board of county commissioners
fails to appropriate an amount sufficient to provide for the necessary
and proper expenses of the board of elections pertaining to the conduct
of elections, the board of elections may apply to the court of common
pleas within the county, which shall fix the amount necessary to be
appropriated and the amount shall be appropriated. Payments shall be
made upon vouchers of the board of elections certified to by its
chairperson or acting chairperson and the director or deputy director,
upon warrants of the county auditor.
The board of elections shall not incur any
obligation involving the expenditure of money unless there are moneys
sufficient in the funds appropriated therefor to meet the obligation as
required in division (D) of section 5705.41 of the Revised Code. If the
board of elections requests a transfer of funds from one of its
appropriation items to another, the board of county commissioners shall
adopt a resolution providing for the transfer except as otherwise
provided in section 5705.40 of the Revised Code. The expenses of the
board of elections shall be apportioned among the county and the
various subdivisions as provided in this section, and the amount
chargeable to each subdivision shall be withheld by the auditor from
the moneys payable thereto at the time of the next tax settlement. At
the time of submitting budget estimates in each year, the board of
elections shall submit to the taxing authority of each subdivision,
upon the request of the subdivision, an estimate of the amount to be
withheld from the subdivision during the next fiscal year.
(B) Except as otherwise provided in
division (F) of this section, the entire compensation of the members of
the board of elections and of the director, deputy director, and other
employees in the board's offices; the expenditures for the rental,
furnishing, and equipping of the office of the board and for the
necessary office supplies for the use of the board; the expenditures
for the acquisition, repair, care, and custody of the polling places,
booths, guardrails, and other equipment for polling places; the cost of
pollbooks, tally sheets, maps, flags, ballot boxes, and all other
permanent records and equipment; the cost of all elections held in and
for the state and county; and all other expenses of the board which are
not chargeable to a political subdivision in accordance with this
section shall be paid in the same manner as other county expenses are
paid.
(C) The compensation of judges and
clerks of elections; the cost of renting, moving, heating, and lighting
polling places and of placing and removing ballot boxes and other
fixtures and equipment thereof; the cost of printing and delivering
ballots, cards of instructions, and other election supplies; and all
other expenses of conducting primaries and elections in the
odd-numbered years shall be charged to the subdivisions in and for
which such primaries or elections are held. The charge for each primary
or general election in odd-numbered years for each subdivision shall be
determined in the following manner: first, the total cost of all
chargeable items used in conducting such elections shall be
ascertained; second, the total charge shall be divided by the number of
precincts participating in such election, in order to fix the cost per
precinct; third, the cost per precinct shall be prorated by the board
of elections to the subdivisions conducting elections for the
nomination or election of offices in such precinct; fourth, the total
cost for each subdivision shall be determined by adding the charges
prorated to it in each precinct within the subdivision.
(D) The entire cost of special elections
held on a day other than the day of a primary or general election, both
in odd-numbered or in even-numbered years, shall be charged to the
subdivision. Where a special election is held on the same day as a
primary or general election in an even-numbered year, the subdivision
submitting the special election shall be charged only for the cost of
ballots and advertising. Where a special election is held on the same
day as a primary or general election in an odd-numbered year, the
subdivision submitting the special election shall be charged for the
cost of ballots and advertising for such special election, in addition
to the charges prorated to such subdivision for the election or
nomination of candidates in each precinct within the subdivision, as
set forth in the preceding paragraph.
(E) Where a special election is held on
the day specified by division (E) of section 3501.01 of the Revised
Code for the holding of a primary election, for the purpose of
submitting to the voters of the state constitutional amendments
proposed by the general assembly, and a subdivision conducts a special
election on the same day, the entire cost of the special election shall
be divided proportionally between the state and the subdivision based
upon a ratio determined by the number of issues placed on the ballot by
each, except as otherwise provided in division (G) of this section.
Such proportional division of cost shall be made only to the extent
funds are available for such purpose from amounts appropriated by the
general assembly to the secretary of state. If a primary election is
also being conducted in the subdivision, the costs shall be apportioned
as otherwise provided in this section.
(F) When a precinct is open during a
general, primary, or special election solely for the purpose of
submitting to the voters a statewide ballot issue, the state shall bear
the entire cost of the election in that precinct and shall reimburse
the county for all expenses incurred in opening the precinct.
(G) The state shall bear the entire cost
of advertising in newspapers statewide ballot issues, explanations of
those issues, and arguments for or against those issues, as required by
Section 1g of Article II and Section 1 of Article XVI, Ohio
Constitution, and any other section of law and shall reimburse the
counties for all expenses they incur for such advertising.
(H) The cost of renting, heating, and
lighting registration places; the cost of the necessary books, forms,
and supplies for the conduct of registration; and the cost of printing
and posting precinct registration lists shall be charged to the
subdivision in which such registration is held.
(I) As used in this section, "statewide
ballot issue" means any ballot issue, whether proposed by the general
assembly or by initiative or referendum, that is submitted to the
voters throughout the state.
HISTORY: GC § 4785-20; 113 v 307, § 20; 114 v 679; Bureau of
Code Revision, 10-1-53; 125 v 713(737); 126 v 205; 127 v 741 (Eff
1-1-58); 132 v H 934 (Eff 5-31-68); 133 v H 1 (Eff 3-18-69); 135 v H
662 (Eff 9-27-74); 136 v S 158 (Eff 11-25-75); 138 v H 1062 (Eff
3-23-81); 140 v S 213 (Eff 10-13-83); 141 v H 555 (Eff 2-26-86); 141 v
S 185 (Eff 3-23-87); 142 v H 231 (Eff 10-5-87); 145 v S 150 (Eff
12-29-93); 147 v H 215. Eff 6-30-97; 151 v H 66, § 101.01, eff.
9-29-05; 151 v H 234, § 1, eff. 1-27-06.
§ 3501.18. Division of subdivision into precincts; polling places.
(A) The board of elections may divide a
political subdivision within its jurisdiction into precincts,
establish, define, divide, rearrange, and combine the several election
precincts within its jurisdiction, and change the location of the
polling place for each precinct when it is necessary to maintain the
requirements as to the number of voters in a precinct and to provide
for the convenience of the voters and the proper conduct of elections.
No change in the number of precincts or in precinct boundaries shall be
made during the twenty-five days immediately preceding a primary or
general election or between the first day of January and the day on
which the members of county central committees are elected in the years
in which those committees are elected. Except as otherwise provided in
division (C) of this section, each precinct shall contain a number of
electors, not to exceed one thousand four hundred, that the board of
elections determines to be a reasonable number after taking into
consideration the type and amount of available equipment, prior voter
turnout, the size and location of each selected polling place,
available parking, availability of an adequate number of poll workers,
and handicap accessibility and other accessibility to the polling
place.
If the board changes the boundaries of a
precinct after the filing of a local option election petition pursuant
to sections 4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code
that calls for a local option election to be held in that precinct, the
local option election shall be held in the area that constituted the
precinct at the time the local option petition was filed, regardless of
the change in the boundaries.
If the board changes the boundaries of a
precinct in order to meet the requirements of division (B)(1) of this
section in a manner that causes a member of a county central committee
to no longer qualify as a representative of an election precinct in the
county, of a ward of a city in the county, or of a township in the
county, the member shall continue to represent the precinct, ward, or
township for the remainder of the member's term, regardless of the
change in boundaries.
In an emergency, the board may provide more
than one polling place in a precinct. In order to provide for the
convenience of the voters, the board may locate polling places for
voting or registration outside the boundaries of precincts, provided
that the nearest public school or public building shall be used if the
board determines it to be available and suitable for use as a polling
place. Except in an emergency, no change in the number or location of
the polling places in a precinct shall be made during the twenty-five
days immediately preceding a primary or general election.
Electors who have failed to respond within
thirty days to any confirmation notice shall not be counted in
determining the size of any precinct under this section.
(B)
(1) Except
as otherwise provided in division (B)(2) of this section, a board of
elections shall determine all precinct boundaries using geographical
units used by the United States department of commerce, bureau of the
census, in reporting the decennial census of Ohio.
(2) The board of
elections may apply to the secretary of state for a waiver from the
requirement of division (B)(1) of this section when it is not feasible
to comply with that requirement because of unusual physical boundaries
or residential development practices that would cause unusual hardship
for voters. The board shall identify the affected precincts and census
units, explain the reason for the waiver request, and include a map
illustrating where the census units will be split because of the
requested waiver. If the secretary of state approves the waiver and so
notifies the board of elections in writing, the board may change a
precinct boundary as necessary under this section, notwithstanding the
requirement in division (B)(1) of this section.
(C) The board of elections may apply to
the secretary of state for a waiver from the requirement of division
(A) of this section regarding the number of electors in a precinct when
the use of geographical units used by the United States department of
commerce, bureau of the census, will cause a precinct to contain more
than one thousand four hundred electors. The board shall identify the
affected precincts and census units, explain the reason for the waiver
request, and include a map illustrating where census units will be
split because of the requested waiver. If the secretary of state
approves the waiver and so notifies the board of elections in writing,
the board may change a precinct boundary as necessary to meet the
requirements of division (B)(1) of this section.
HISTORY: GC § 4785-21; 113 v 307, § 21; Bureau of Code
Revision, 10-1-53; 125 v 713(738) (Eff 1-1-54); 129 v 1562 (Eff
8-25-61); 130 v 821 (Eff 1-1-64); 145 v H 143 (Eff 7-22-94); 145 v S
300 (Eff 1-1-95); 146 v H 99 (Eff 8-22-95); 148 v H 283. Eff 9-29-99;
150 v H 95, § 1, eff. 9-26-03.
§ 3501.19. Repealed.
Repealed, 125 v 713(801), § 2 [GC § 4785-22; 123 v 380; Bureau of Code Revision, 10-1-53]. Eff 1-1-54.
§ 3501.20. State or national home may be a precinct.
The lands used for a state or national home for disabled soldiers shall
constitute a separate election precinct, and, if necessary, may be
divided and rearranged within such limits as other precincts are
arranged and divided.
HISTORY: GC § 4785-23; 113 v 307, § 23; 114 v 679; Bureau of Code Revision. Eff 10-1-53.
§ 3501.21. Notice of change of precinct or polling place.
When the board of elections considers it necessary to change, divide,
or combine any precinct or to relocate a polling place, it shall
notify, prior to the next election, each of the registrants in the
precinct of the change by mail. On and after August 1, 2000, when the
board changes the boundaries of any precinct, it shall notify the
secretary of state of the change not later than forty-five days after
making the change.
HISTORY: GC § 4785-24; 113 v 307, § 24; 122 v 325; Bureau of
Code Revision, 10-1-53; 125 v 713(738) (Eff 1-1-54); 129 v 1562 (Eff
8-25-61); 136 v H 525 (Eff 5-31-76); 146 v H 99 (Eff 8-22-95); 148 v H
283. Eff 9-29-99.
§ 3501.22. Precinct election officials.
(A) On or before the fifteenth day of
September in each year, the board of elections by a majority vote
shall, after careful examination and investigation as to their
qualifications, appoint for each election precinct four, residents of
the county in which the precinct is located, as judges. Except as
otherwise provided in division (C) of this section, all judges of
election shall be qualified electors. The judges shall constitute the
election officers of the precinct. Not more than one-half of the total
number of judges shall be members of the same political party. The term
of such precinct officers shall be for one year. The board may, at any
time, designate any number of election officers, not more than one-half
of whom shall be members of the same political party, to perform their
duties at any precinct in any election. The board may appoint
additional officials, equally divided between the two major political
parties, when necessary to expedite voting.
Vacancies for unexpired terms shall be filled
by the board. When new precincts have been created, the board shall
appoint judges for those precincts for the unexpired term. Any judge
may be summarily removed from office at any time by the board for
neglect of duty, malfeasance, or misconduct in office or for any other
good and sufficient reason.
Precinct election officials shall perform all
of the duties provided by law for receiving the ballots and supplies,
opening and closing the polls, and overseeing the casting of ballots
during the time the polls are open, and any other duties required by
section 3501.26 of the Revised Code.
A board of elections may designate two
precinct election officials as counting officials to count and tally
the votes cast and certify the results of the election at each
precinct, and perform other duties as provided by law. To expedite the
counting of votes at each precinct, the board may appoint additional
officials, not more than one-half of whom shall be members of the same
political party.
The board shall designate one of the precinct
election officials who is a member of the dominant political party to
serve as a presiding judge, whose duty it is to deliver the returns of
the election and all supplies to the office of the board. For these
services the presiding judge shall receive additional compensation in
an amount, consistent with section 3501.28 of the Revised Code,
determined by the board of elections.
The board shall issue to each precinct
election official a certificate of appointment, which the official
shall present to the presiding judge at the time the polls are opened.
(B) If the board of elections determines
that not enough qualified electors in a precinct are available to serve
as precinct officers, it may appoint persons to serve as precinct
officers at a primary, special, or general election who are at least
seventeen years of age and are registered to vote in accordance with
section 3503.07 of the Revised Code.
(C)
(1) A
board of elections, in conjunction with the board of education of a
city, local, or exempted village school district, the governing
authority of a community school established under Chapter 3314. of the
Revised Code, or the chief administrator of a nonpublic school may
establish a program permitting certain high school students to apply
and, if appointed by the board of elections, to serve as precinct
officers at a primary, special, or general election.
In addition to the requirements established by
division (C)(2) of this section, a board of education, governing
authority, or chief administrator that establishes a program under this
division in conjunction with a board of elections may establish
additional criteria that students shall meet to be eligible to
participate in that program.
(2)
(a) To be eligible to participate in a program established under
division (C)(1) of this section, a student shall be a United States
citizen, a resident of the county, at least seventeen years of age, and
enrolled in the senior year of high school.
(b) Any student applying to participate in a program established under
division (C)(1) of this section, as part of the student's application
process, shall declare the student's political party affiliation with
the board of elections.
(3) No student
appointed as a precinct officer pursuant to a program established under
division (C)(1) of this section shall be designated as a presiding
judge.
(4) Any student
participating in a program established under division (C)(1) of this
section shall be excused for that student's absence from school on the
day of an election at which the student is serving as a precinct
officer.
(D) Not more than one precinct officer
in any given precinct shall be under eighteen years of age.
HISTORY: GC § 4785-25; 113 v 307, § 25; 114 v 679(684); 118 v
223; 120 v 648; Bureau of Code Revision, 10-1-53; 125 v 713(738) (Eff
1-1-54); 138 v H 1062 (Eff 3-23-81); 141 v H 555 (Eff 2-26-86); 146 v H
99 (Eff 8-22-95); 146 v H 215. Eff 10-17-96; 151 v H 234, § 1,
eff. 1-27-06.
[§ 3501.22.1] § 3501.221. Appoint interpreters to assist non-English-speaking voters.
(A) To encourage voting, a board of
elections may appoint persons who are fluent in a non-English language
to serve as interpreters to assist voters in certain election
precincts. If the board determines that the number of
non-English-speaking electors in a precinct indicates a need for an
interpreter and provision of an interpreter is feasible and practical
in terms of the number of such electors, the board may appoint an
interpreter for such precinct in the same manner as other precinct
election officials are appointed. A person appointed pursuant to this
section may only provide to voters such assistance in the non-English
language as may be provided by election officials to English speaking
voters. All requirements relating to the qualifications of election
officials apply to persons appointed under this section. Interpreters
shall complete a program of instruction as provided in section 3501.27
of the Revised Code and shall be compensated in the manner and amount
as provided by section 3501.28 of the Revised Code for other election
officials. A person appointed pursuant to this section may also serve
as a precinct election officer; such person shall be compensated as
though he served only in the capacity of an election official, and he
need not undergo a program of instruction a second time for the same
election unless required by the board.
(B) No person appointed under division
(A) of this section, while performing the duties of such office, shall:
(1) Wear any
badge, sign, or other insignia or thing indicating a preference for any
candidate or for any question submitted;
(2) Influence or
attempt to influence any voter to vote for or against any candidate or
issue submitted at such election.
(C) Whoever violates division (B) of
this section is guilty of a misdemeanor of the first degree.
HISTORY: 136 v H 5. Eff 7-25-75.
§ 3501.23. Precinct officials at special elections.
A board of elections shall, by the adoption of a resolution, provide
that, at any special election at which no candidates are to be elected,
or at any primary election when only one party primary is to be held
for the nomination of candidates for municipal office which is to be
held in its county, the precinct officials at any such election shall
consist of not more than four judges who shall perform all the duties
prescribed for the proper conduct of an election by precinct officials.
Such precinct officials shall be well qualified for the performance of
their duties and said precinct officials for any special election shall
be selected from among those regularly appointed under section 3501.22
of the Revised Code, but the precinct officials for any party primary
election shall be selected from among those regularly appointed under
such section, provided that such officials shall be equally divided
between the two major political parties.
HISTORY: GC § 4785-25a; 115 v Pt II 354; re-enacted, 116 v 13; 122
v 325; 123 v 693; Bureau of Code Revision, 10-1-53; 132 v S 79 (Eff
11-7-67); 135 v H 662 (Eff 9-27-74); 138 v H 141 (Eff 3-14-80); 138 v H
1062 (Eff 3-23-81); 141 v H 555. Eff 2-26-86.
§ 3501.24. Repealed.
Repealed, 146 v H 99, § 2 [GC §§ 4785-25b, 4785-25d; 116
v 253, §§ 1, 3; 122 v 325; 124 v 673, § 1; Bureau of
Code Revision, 10-1-53; 125 v 713(739); 131 v 870; 132 v H 1; 135 v H
662; 138 v H 141; 138 v H 1062; 141 v H 555]. Eff 8-22-95.
§ 3501.25. Repealed.
Repealed, 146 v H 99, § 2 [GC §§ 4785-25b, 4785-25d; 116
v 253, §§ 1, 3; 122 v 325; 124 v 673, § 1; Bureau of
Code Revision, 10-1-53; 125 v 713(739); 131 v 870; 132 v H 1; 135 v H
662; 138 v H 141; 138 v H 1062; 141 v H 555]. Eff 8-22-95.
§ 3501.26. Procedure when polls are closed.
When the polls are closed after a primary, general, or special
election, the receiving officials shall, in the presence of the
counting officials and attending witnesses, proceed as follows:
(A) Count the number of electors who voted, as shown on the poll books.
(B) Count the unused ballots without removing stubs.
(C) Count the soiled and defaced ballots.
(D) Insert the totals of divisions (A), (B),
and (C) of this section on the report forms provided therefor in the
poll books.
(E) Count the voted ballots. If the number of
voted ballots exceeds the number of voters whose names appear upon the
poll books, the presiding judge shall enter on the poll books an
explanation of such discrepancy, and such explanation, if agreed to,
shall be subscribed to by all of the judges. Any judge having a
different explanation shall enter it in the poll books and subscribe to
it.
(F) Put the unused ballots with stubs
attached, and soiled and defaced ballots with stubs attached, in the
envelopes or containers provided therefor, and certify the number.
The receiving officials shall deliver to and place in the custody of
the counting officials all the supplies provided for the conduct of
such election and the ballots which are to be counted and tallied, and
take a receipt for same, which receipt shall appear in and be a part of
the poll books of such precinct. Having performed their duties, the
receiving officials shall immediately depart. Having receipted for the
ballots, the counting officials shall proceed to count and tally the
vote as cast in the manner prescribed by section 3505.27 of the Revised
Code and certify the result of the election to the board of elections.
HISTORY: GC § 4785-25c; 116 v 253, § 2; Bureau of Code
Revision, 10-1-53; 125 v 713(740) (Eff 1-1-54); 138 v H 1062 (Eff
3-23-81); 141 v H 555. Eff 2-26-86.
§ 3501.27. Qualifications of precinct election officials and precinct registrars.
(A) All judges of election shall
complete a program of instruction pursuant to division (B) of this
section. No person who has been convicted of a felony or any violation
of the election laws, who is unable to read and write the English
language readily, or who is a candidate for an office to be voted for
by the voters of the precinct in which the person is to serve shall
serve as an election officer. A person when appointed as an election
officer shall receive from the board of elections a certificate of
appointment that may be revoked at any time by the board for good and
sufficient reasons. The certificate shall be in the form the board
prescribes and shall specify the precinct, ward, or district in and for
which the person to whom it is issued is appointed to serve, the date
of appointment, and the expiration of the person's term of service.
(B) Each board shall establish a program
as prescribed by the secretary of state for the instruction of election
officers in the rules, procedures, and law relating to elections. In
each program, the board shall use training materials prepared by the
secretary of state and may use additional materials prepared by or on
behalf of the board. The board may use the services of unpaid
volunteers in conducting its program and may reimburse those volunteers
for necessary and actual expenses incurred in participating in the
program.
The board shall train each new election
officer before the new officer participates in the first election in
that capacity. The board shall instruct election officials who have
been trained previously only when the board or secretary of state
considers that instruction necessary, but the board shall reinstruct
such persons, other than presiding judges, at least once in every three
years and shall reinstruct presiding judges before the primary election
in even-numbered years. The board shall schedule any program of
instruction within sixty days prior to the election in which the
officials to be trained will participate.
(C) The duties of a judge of an election
in each polling place shall be performed only by an individual who has
successfully completed the requirements of the program, unless such an
individual is unavailable after reasonable efforts to obtain such
services.
(D) The secretary of state shall
establish a program for the instruction of members of boards of
elections and employees of boards in the rules, procedures, and law
relating to elections. Each member and employee shall complete the
training program within six months after the member's or employee's
original appointment or employment, and thereafter each member and
employee shall complete a training program to update their knowledge
once every four years or more often as determined by the secretary of
state.
(E) The secretary of state shall
reimburse each county for the cost of programs established pursuant to
division (B) of this section, once the secretary of state has received
an itemized statement of expenses for such instruction programs from
the county. The itemized statement shall be in a form prescribed by the
secretary of state.
HISTORY: GC § 4785-26; 113 v 307, § 26; 114 v 679; 118 v 223;
Bureau of Code Revision, 10-1-53; 125 v 713(740) (Eff 1-1-54); 135 v H
662 (Eff 9-27-74); 136 v H 125 (Eff 11-28-75); 141 v H 238 (Eff
7-1-85); 141 v H 555. Eff 5-7-86; 151 v H 234, § 1, eff. 1-27-06.
§ 3501.28. Compensation of election officials.
(A) As used in this section:
(1) "Fair Labor
Standards Act" or "Act" means the "Fair Labor Standards Act of 1938,"
52 Stat. 1062, 29 U.S.C.A. 201, as amended.
(2) "Full
election day" means the period of time between the opening of the polls
and the completion of the procedures contained in section 3501.26 of
the Revised Code.
(3) "Services"
means services at each general, primary, or special election.
(B) Beginning with calendar year 1998,
each judge of an election in a county shall be paid for the judge's
services at the same hourly rate, which shall be not less than the
minimum hourly rate established by the Fair Labor Standards Act and not
more than eighty-five dollars per diem.
(C) Beginning with calendar year 2004,
each judge of an election in a county shall be paid for the judge's
services at the same hourly rate, which shall be not less than the
minimum hourly rate established by the Fair Labor Standards Act and not
more than ninety-five dollars per diem.
(D) The secretary of state shall
establish, by rule adopted under section 111.15 of the Revised Code,
the maximum amount of per diem compensation that may be paid to judges
of an election under this section each time the Fair Labor Standards
Act is amended to increase the minimum hourly rate established by the
act. Upon learning of such an increase, the secretary of state shall
determine by what percentage the minimum hourly rate has been increased
under the act and establish a new maximum amount of per diem
compensation that judges of an election may be paid under this section
that is increased by the same percentage that the minimum hourly rate
has been increased under the act.
(E)
(1)
(a) No board of elections shall increase the pay of a judge of an
election under this section during a calendar year unless the board has
given written notice of the proposed increase to the board of county
commissioners not later than the first day of October of the preceding
calendar year.
(b) Except as otherwise provided in division (E)(2) of this section, a
board of elections may increase the pay of a judge of an election
during a calendar year by up to, but not exceeding, nine per cent over
the compensation paid to a judge of an election in the county where the
board is located during the previous calendar year, if the compensation
so paid during the previous calendar year was eighty-five dollars or
less per diem.
(c) Except as otherwise provided in division (E)(2) of this section, a
board of elections may increase the pay of a judge of an election
during a calendar year by up to, but not exceeding, four and one-half
per cent over the compensation paid to a judge of an election in the
county where the board is located during the previous calendar year, if
the compensation so paid during the previous calendar year was more
than eighty-five but less than ninety-five dollars per diem.
(2) The board of
county commissioners may review and comment upon a proposed increase
and may enter into a written agreement with a board of elections to
permit an increase in the compensation paid to judges of an election
for their services during a calendar year that is greater than the
applicable percentage limitation described in division (E)(1)(b) or (c)
of this section.
(F) No judge of an election who works
less than the full election day shall be paid the maximum amount
allowed under this section or the maximum amount as set by the board of
elections, whichever is less.
(G)
(1) Except
as otherwise provided in divisions (G)(4) to (6) of this section, any
employee of the state or of any political subdivision of the state may
serve as a judge of elections on the day of an election without loss of
the employee's regular compensation for that day as follows:
(a) For employees of a county office, department, commission, board, or
other entity, or of a court of common pleas, county court, or
county-operated municipal court, as defined in section 1901.03 of the
Revised Code, the employee's appointing authority may permit leave with
pay for this service in accordance with a resolution setting forth the
terms and conditions for that leave passed by the board of county
commissioners.
(b) For all other employees of a political subdivision of the state,
leave with pay for this service shall be subject to the terms and
conditions set forth in an ordinance or a resolution passed by the
legislative authority of the applicable political subdivision.
(c) For state employees, leave with pay for this service shall be
subject to the terms and conditions set forth by the head of the state
agency, as defined in section 1.60 of the Revised Code, by which the
person is employed.
(2) Any terms
and conditions set forth by a board of county commissioners,
legislative authority of a political subdivision, or head of a state
agency under division (G)(1) of this section shall include a standard
procedure for deciding which employees are permitted to receive leave
with pay if multiple employees of an entity or court described in
division (G)(1)(a) of this section, of an entity of a political
subdivision described in division (G)(1)(b) of this section, or of a
state agency as defined in section 1.60 of the Revised Code apply to
serve as a judge of elections on the day of an election. This procedure
shall be applied uniformly to all similarly situated employees.
(3) Any employee
who is eligible for leave with pay under division (G)(1) of this
section shall receive, in addition to the employee's regular
compensation, the compensation paid to the judge of an election under
division (B), (C), or (D) of this section.
(4) Division
(G)(1) of this section does not apply to either of the following:
(a) Election officials;
(b) Public school teachers.
(5) Nothing in
division (G)(1) of this section supersedes or negates any provision of
a collective bargaining agreement in effect under Chapter 4117. of the
Revised Code.
(6) If a board
of county commissioners, legislative authority of a political
subdivision, or head of a state agency fails to set forth any terms and
conditions under division (G)(1) of this section, an employee of an
entity or court described in division (G)(1)(a) of this section, of an
entity of a political subdivision described in division (G)(1)(b) of
this section, or of a state agency as defined in section 1.60 of the
Revised Code may use personal leave, vacation leave, or compensatory
time, or take unpaid leave, to serve as a judge of elections on the day
of an election.
(H) The board of elections may withhold
the compensation of any precinct official for failure to obey the
instructions of the board or to comply with the law relating to the
duties of such precinct judge. Any payment a judge of an election is
entitled to receive under section 3501.36 of the Revised Code is in
addition to the compensation the judge is entitled to receive under
this section.
HISTORY: GC § 4785-28; 113 v 307(319), § 28; 114 v 679; 118 v
223; 122 v 325; 124 v 673; Bureau of Code Revision, 10-1-53; 125 v
713(741) (Eff 1-1-54); 130 v 822 (Eff 8-19-63); 131 v 871 (Eff
11-5-65); 135 v H 662 (Eff 9-27-74); 138 v H 141 (Eff 3-14-80); 138 v H
1062 (Eff 3-23-81); 141 v H 555 (Eff 2-26-86); 143 v H 245 (Eff
10-26-89); 147 v H 215. Eff 6-30-97; 150 v H 262, § 1, eff. 5-7-04.
——————————
POLLING PLACES
§ 3501.29. Polling places.
(A) The board of elections shall provide
for each precinct a polling place and provide adequate facilities at
each polling place for conducting the election. The board shall provide
a sufficient number of screened or curtained voting compartments to
which electors may retire and conveniently mark their ballots,
protected from the observation of others. Each voting compartment shall
be provided at all times with writing implements, instructions how to
vote, and other necessary conveniences for marking the ballot. The
presiding judge shall ensure that the voting compartments at all times
are adequately lighted and contain the necessary supplies. The board
shall utilize, in so far as practicable, rooms in public schools and
other public buildings for polling places. Upon application of the
board of elections, the authority which has the control of any building
or grounds supported by taxation under the laws of this state, shall
make available the necessary space therein for the purpose of holding
elections and adequate space for the storage of voting machines,
without charge for the use thereof. A reasonable sum may be paid for
necessary janitorial service. When polling places are established in
private buildings, the board may pay a reasonable rental therefor, and
also the cost of liability insurance covering the premises when used
for election purposes, or the board may purchase a single liability
policy covering the board and the owners of the premises when used for
election purposes. When removable buildings are supplied by the board,
they shall be constructed under the contract let to the lowest and best
bidder, and the board shall observe all ordinances and regulations then
in force as to safety. The board shall remove all such buildings from
streets and other public places within thirty days after an election,
unless another election is to be held within ninety days.
(B) The board shall assure that polling
places are free of barriers that would impede ingress and egress of
handicapped persons, that the entrances of polling places are level or
are provided with a nonskid ramp of not over eight per cent gradient,
and that doors are a minimum of thirty-two inches wide. Each county
shall comply with these requirements according to the following
timetable:
(1) At least
fifty per cent of the polling places in each county shall be in
compliance by November 1, 1980;
(2) At least
seventy-five per cent of the polling places in each county shall be in
compliance by November 1, 1981;
(3) All polling
places in each county shall be in compliance by November 1, 1982,
except those that are specifically exempted by the secretary of state
upon certification by a board of elections that a good faith, but
unsuccessful, effort has been made to modify, or change the location
of, such polling places.
(C) At any polling place that is not in
compliance with the requirements of division (B) of this section or is
exempted from compliance by the secretary of state, the board of
elections shall permit any handicapped elector who travels to that
elector's polling place, but who is unable to enter the polling place,
to vote, with the assistance of two polling place officials of major
political parties, in the vehicle that conveyed that elector to the
polling place, or to receive and cast that elector's ballot at the door
of the polling place.
(D) The secretary of state shall:
(1) Work with
other state agencies to facilitate the distribution of information and
technical assistance to boards of elections to meet the requirements of
division (B) of this section;
(2) Work with
organizations that represent or provide services to handicapped,
disabled, or elderly citizens to effect a wide dissemination of
information about the availability of absentee voting, voting in the
voter's vehicle or at the door of the polling place, or other election
services to handicapped, disabled, or elderly citizens.
(E) As used in this section,
"handicapped" means having lost the use of one or both legs, one or
both arms, or any combination thereof, or being blind or so severely
disabled as to be unable to move about without the aid of crutches or a
wheelchair.
HISTORY: GC § 4785-117; 113 v 307(360), § 117; 122 v
325(345); Bureau of Code Revision, 10-1-53; 125 v 713(741); 126 v 205;
127 v 741 (Eff 1-1-58); 133 v H 1148 (Eff 7-16-70); 136 v S 162 (Eff
7-23-76); 138 v S 225 (Eff 1-16-80); 146 v H 99. Eff 8-22-95.
§ 3501.30. Supplies for polling places.
(A) The board of elections shall provide
for each polling place the necessary ballot boxes, official ballots,
cards of instructions, registration forms, pollbooks or poll lists,
tally sheets, forms on which to make summary statements, writing
implements, paper, and all other supplies necessary for casting and
counting the ballots and recording the results of the voting at the
polling place. The pollbooks or poll lists shall have certificates
appropriately printed on them for the signatures of all the precinct
officials, by which they shall certify that, to the best of their
knowledge and belief, the pollbooks or poll lists correctly show the
names of all electors who voted in the polling place at the election
indicated in the pollbook or poll list.
All of the following shall be included among the supplies provided to each polling place:
(1) A large map
of each appropriate precinct , which shall be displayed prominently to
assist persons who desire to register or vote on election day. Each map
shall show all streets within the precinct and contain identifying
symbols of the precinct in bold print.
(2) Any
materials, postings, or instructions required to comply with state or
federal laws;
(3) A flag of
the United States approximately two and one-half feet in length along
the top, which shall be displayed outside the entrance to the polling
place during the time it is open for voting;
(4) Two or more
small flags of the United States approximately fifteen inches in length
along the top , which shall be placed at a distance of one hundred feet
from the polling place on the thoroughfares or walkways leading to the
polling place, to mark the distance within which persons other than
election officials, witnesses, challengers, police officers, and
electors waiting to mark, marking, or casting their ballots shall not
loiter, congregate, or engage in any kind of election campaigning.
Where small flags cannot reasonably be placed one hundred feet from the
polling place, the presiding election judge shall place the flags as
near to one hundred feet from the entrance to the polling place as is
physically possible. Police officers and all election officials shall
see that this prohibition against loitering and congregating is
enforced.
When the period of time during which the
polling place is open for voting expires, all of the flags described in
this division shall be taken into the polling place, and shall be
returned to the board together with all other election supplies
required to be delivered to the board.
(B) The board of elections shall follow
the instructions and advisories of the secretary of state in the
production and use of polling place supplies.
HISTORY: GC § 4785-118; 113 v 307(360), § 118; 114 v
679(694); 122 v 325(346); Bureau of Code Revision, 10-1-53; 125 v
713(741) (Eff 1-1-54); 137 v S 125 (Eff 5-27-77); 138 v H 1062 (Eff
3-23-81); 146 v H 99. Eff 8-22-95; 150 v H 95, § 1, eff. 9-26-03.
[§ 3501.30.1] § 3501.301. Contract for supplies other than ballots.
A contract involving a cost in excess of ten thousand dollars for
printing and furnishing supplies, other than the official ballots,
required in section 3501.30 of the Revised Code, shall not be let until
the board of elections has caused notice to be published once in a
newspaper of general circulation within the county or upon notice given
by mail, addressed to the responsible suppliers within the state. The
board of elections may require that each bid be accompanied by a bond,
with at least two individual sureties, or a surety company,
satisfactory to the board, in a sum double the amount of the bid,
conditioned upon the faithful performance of the contract awarded and
for the payment as damages by such bidder to the board of any excess of
cost over the bid which it may be required to pay for such work by
reason of the failure of the bidder to complete the contract. The
contract shall be let to the lowest and best bidder.
HISTORY: 132 v H 428 (Eff 12-9-67); 139 v H 598 (Eff 5-13-82); 141 v H 47. Eff 9-23-85.
§ 3501.31. Notice mailed to election officials; delivery of supplies; oath of officials; vacancies.
The board of elections shall mail to each precinct election official
notice of the date, hours, and place of holding each election in the
official's respective precinct at which it desires the official to
serve. Each of such officials shall notify the board immediately upon
receipt of such notice of any inability to serve.
The election official designated as presiding judge under section
3501.22 of the Revised Code shall call at the office of the board at
such time before the day of the election, not earlier than the tenth
day before the day of the election, as the board designates to obtain
the ballots, pollbooks, registration forms and lists, and other
material to be used in the official's polling place on election day.
The board may also provide for the delivery of such materials to
polling places in a municipal corporation by members of the police
department of such municipal corporation; or the board may provide for
the delivery of such materials to the presiding judge not earlier than
the tenth day before the election, in any manner it finds to be
advisable.
On election day the precinct election officials shall punctually attend
the polling place one-half hour before the time fixed for opening the
polls. Each of the precinct election officials shall thereupon make and
subscribe to a statement which shall be as follows:
"State of Ohio
County of ..............
I do solemnly swear under the penalty of perjury
that I will support the constitution of the United States of America
and the constitution of the state of Ohio and its laws; that I have not
been convicted of a felony or any violation of the election laws; that
I will discharge to the best of my ability the duties of
.................... (judge or clerk) .................... of
election in and for precinct .................... in the
.................... (township) or (ward and city or village)
.................... in the county of ...................., in
the election to be held on the .......... day of
..............., ....., as required by law and the rules and
instructions of the board of elections of said county; and that I will
endeavor to prevent fraud in such election, and will report immediately
to said board any violations of the election laws which come to my
attention, and will not disclose any information as to how any elector
voted which is gained by me in the discharge of my official duties.
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
(Signatures of precinct election officials)"
If any of the other precinct officials is absent at that time, the
presiding judge, with the concurrence of a majority of the precinct
election officials present, shall appoint a qualified elector who is a
member of the same political party as the political party of which such
absent precinct election official is a member to fill the vacancy until
the board appoints a person to fill such vacancy and the person so
appointed reports for duty at the polling place. The presiding judge
shall promptly notify the board of such vacancy by telephone or
otherwise. The presiding judge also shall assign the precinct election
officials to their respective duties and shall have general charge of
the polling place.
HISTORY: GC § 4785-119; 113 v 307(361), § 119; 122 v
325(346); 123 v 693; Bureau of Code Revision, 10-1-53; 125 v 713(742)
(Eff 1-1-54); 137 v S 125 (Eff 5-27-77); 138 v H 1062 (Eff 3-23-81);
146 v H 99 (Eff 8-22-95); 148 v H 495. Eff 5-9-2000.
§ 3501.32. Opening and closing polls.
(A) Except as otherwise provided in
division (B) of this section, on the day of the election the polls
shall be opened by proclamation by the presiding judge, or in his
absence by a presiding judge chosen by the judges, at six-thirty a.m.
and shall be closed by proclamation at seven-thirty p.m. unless there
are voters waiting in line to cast their ballots, in which case the
polls shall be kept open until such waiting voters have voted.
(B) On the day of the election, any
polling place located on an island not connected to the mainland by a
highway or a bridge may close earlier than seven-thirty p.m. if all
registered voters in the precinct have voted. When a polling place
closes under division (B) of this section the presiding judge shall
immediately notify the board of elections of the closing.
HISTORY: GC § 4785-123; 113 v 307(363), § 123; Bureau of Code
Revision, 10-1-53; 135 v H 662 (Eff 9-27-74); 141 v H 555 (Eff
2-26-86); 144 v S 8. Eff 5-21-91.
§ 3501.33. Authority of precinct officers.
All judges of election shall enforce peace and good order in and about
the place of registration or election. They shall especially keep the
place of access of the electors to the polling place open and
unobstructed and prevent and stop any improper practices or attempts
tending to obstruct, intimidate, or interfere with any elector in
registering or voting. They shall protect challengers and witnesses
against molestation and violence in the performance of their duties,
and may eject from the polling place any such challenger or witness for
violation of any provision of Title XXXV [35] of the Revised Code. They
shall prevent riots, violence, tumult, or disorder. In the discharge of
these duties they may call upon the sheriff, police, or other peace
officers to aid them in enforcing the law. They may order the arrest of
any person violating such title, but such arrest shall not prevent such
person from registering or voting if he is entitled to do so. The
sheriff, all constables, police officers, and other officers of the
peace shall immediately obey and aid in the enforcement of any lawful
order made by the precinct election officials in the enforcement of
such title.
HISTORY: GC § 4785-124; 113 v 307(363), § 124; Bureau of Code Revision, 10-1-53; 141 v H 555. Eff 2-26-86.
§ 3501.34. Duty of police.
The officer or authority having command of the police force of any
municipal corporation or the sheriff of any county, on requisition of
the board of elections or the secretary of state, shall promptly detail
for service at the polling place in any precinct of such municipal
corporation or county such force as the board or secretary of state
considers necessary. On every day of election such officer or authority
shall have a special force in readiness for any emergency and for
assignment to duty in the precinct polling places. At least one
policeman shall be assigned to duty in each precinct on each day of an
election, when requested by the board or the secretary of state. Such
police officer shall have access at all times to the polling place, and
he shall promptly place under arrest any person found violating any
provisions of Title XXXV [35] of the Revised Code.
HISTORY: GC § 4785-125; 113 v 307(363), § 125; Bureau of Code Revision, 10-1-53; 137 v S 125. Eff 5-27-77.
§ 3501.35. No loitering near polls.
During an election and the counting of the ballots, no person shall
loiter or congregate within the area between the polling place and the
small flags of the United States placed on the thoroughfares and
walkways leading to the polling place; in any manner hinder or delay an
elector in reaching or leaving the place fixed for casting his ballot;
within such distance give, tender, or exhibit any ballot or ticket to
any person other than his own ballot to the judge of election; exhibit
any ticket or ballot which he intends to cast; or solicit or in any
manner attempt to influence any elector in casting his vote. No person,
not an election official, employee, witness, challenger, or police
officer, shall be allowed to enter the polling place during the
election, except for the purpose of voting. No more electors shall be
allowed to approach the voting shelves at any time than there are
voting shelves provided. The judges of election and the police officer
shall strictly enforce the observance of this section.
HISTORY: GC § 4785-126; 113 v 307(364), § 126; Bureau of Code Revision, 10-1-53; 138 v H 1062. Eff 3-23-81.
§ 3501.36. Fee and mileage to precinct official delivering or returning election supplies.
Each precinct election official who before the day of an election in
his precinct obtains ballots, pollbooks, or other materials to be used
in his polling place on the day of such election and delivers such
materials to his polling place on the day of such election as required
by section 3501.31 of the Revised Code and the orders of the board of
elections, and each precinct election official who delivers such
materials and the returns and records of an election from the polling
place to the office of the board after an election, as required by
section 3505.31 of the Revised Code and the orders of the board, may
receive, in addition to the compensation provided under section 3501.28
of the Revised Code, a sum not to exceed five dollars for each trip to
the polling place and five dollars for each trip from the polling place
to the office of the board, plus mileage for each trip at the rate
provided by rules governing travel adopted by the office of budget and
management in accordance with Chapter 119. of the Revised Code.
HISTORY: GC § 4785-150; 113 v 307(377), § 150; 122 v
325(354); Bureau of Code Revision, 10-1-53; 125 v 713(743) (Eff
1-1-54); 138 v H 1062 (Eff 3-23-81); 143 v H 245. Eff 10-26-89.
§ 3501.37. Return of booths and other equipment.
After each election, the judges of elections of each precinct, except
when the board of elections assumes the duty, shall see that the
movable booths and other equipment are returned for safekeeping to the
fiscal officer of the township or to the clerk or auditor of the
municipal corporation in which the precinct is situated. The fiscal
officer, clerk, or auditor shall have booths and equipment on hand and
in place at the polling places in each precinct before the time for
opening the polls on election days, and for this service the board may
allow the necessary expenses incurred. In cities, this duty shall
devolve on the board.
HISTORY: GC § 4785-151; 113 v 307(377), § 151; Bureau of Code
Revision. Eff 10-1-53; 151 v S 107, § 1, eff. 12-20-05.
§ 3501.38. Declaration of candidacy, nominating petition, and
other petition requirements; withdrawal of elector's name from petition.
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 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
3503.11 of the Revised Code. The facts of qualification shall be
determined as of the date when 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) No person shall write any name other than
the person's own on any petition. 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) On each
petition paper, the circulator shall indicate the number of signatures
contained on it, and shall sign a statement made under penalty of
election falsification that the circulator witnessed the affixing 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. On the circulator's statement
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 or for a statewide initiative or a statewide
referendum petition, the circulator shall identify the name and address
of the person employing 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.
(F) 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 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) No petition
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.
(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, declaration of intent to be a write-in candidate, or any type
of question or issue petition that does not satisfy the requirements of
law as of the date of that distribution, and if that petition form is
subsequently filed with the board within ninety days of when the
petition is required to be filed, 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 does not apply if the candidate fails to file the
petition with the board within ninety days of when the petition is
required to be filed.
HISTORY: 130 v 822 (Eff 1-1-64); 135 v H 662 (Eff 9-27-74); 137 v S 125
(Eff 5-27-77); 138 v H 1062 (Eff 3-23-81); 141 v H 555 (Eff 2-26-86);
141 v H 524 (Eff 3-17-87); 143 v H 7 (Eff 9-15-89); 149 v H 5 (Eff
8-28-2001); 149 v H 445. Eff 12-23-2002; 150 v H 86, § 1, eff.
11-13-03; 150 v H 1, § 1, eff. 3-31-05.
[§ 3501.38.1] § 3501.381. Payor and payee statements
concerning compensation for supervising, managing, or otherwise
organizing statewide petition effort.
(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
or for a statewide initiative petition or a statewide referendum
petition 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 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
or for a statewide initiative or a statewide referendum petition 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) The secretary of state shall
prescribe the form and content of the statements required under
division (A) of this section.
(C) Whoever violates division (A) 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.
HISTORY: 150 v H 1, § 1, eff. 3-31-05.
§ 3501.39. Grounds for rejection of petition.
(A) 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 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.
(2) 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) 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.
(B) Except as otherwise provided in
section 3513.052 [3513.05.2] of the Revised Code, a board of elections
shall not invalidate any declaration of candidacy or nominating
petition under division (A)(3) of this section after the fiftieth 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.
HISTORY: 141 v H 555 (Eff 2-26-86); 143 v H 405 (Eff 4-11-91); 146 v H 99 (Eff 8-22-95); 149 v H 445. Eff 12-23-2002.
——————————
CHAPTER 3503
VOTERS - QUALIFICATIONS; REGISTRATION
Section
Qualifications.
3503.01. Age and residence;
assignment of electors to adjoining precinct.
[3503.01.1] 3503.011.Qualifications to vote in primary.
3503.02. Rules for determining residence.
3503.03. Inmates of soldiers' homes.
3503.04. Inmates of public or private institutions.
3503.05. [Repealed]
Registration.
3503.06. Registration and residence requirements.
3503.07. Qualifications for registering.
3503.08. Registration supplies; rules.
3503.09. [Repealed]
3503.10. Voter registration
programs for designated state agencies, schools, libraries and county
treasurers.
3503.11. Voter registration
duties of registrar of motor vehicles and deputy registrars.
[3503.11.1] 3503.111.Registration on behalf of county of residence.
3503.12. Advertising
methods of registration; removal of barriers to handicapped.
3503.13. Registration forms, records.
3503.14. Content of forms; persons unable to sign.
3503.15. [Repealed]
3503.16. Change of
residence or name forms; eligibility to vote where form not filed.
3503.17. Change in precinct boundaries.
3503.18. Cancellation of
registration due to death, incompetency or disfranchisement.
3503.19. Methods of
registering or changing registration; mailing of confirmation or
rejection notice.
3503.20. [Repealed]
3503.21. Events resulting
in cancellation of registration; procedures to verify or correct change
of address.
3503.22. [Repealed]
3503.23. Official registration lists for each precinct.
3503.24. Application for
correction of list or challenge of right to vote; hearing.
3503.25. Investigation of registrations.
3503.26. Custody of records and lists; inspection and copying.
3503.27. Master file of registered voters.
3503.28, 3503.29 Repealed.
3503.30. Mistake in registration form.
3503.31, 3503.32 Repealed.
3503.33. Prior registration; cancellation authorization.
——————————
QUALIFICATIONS
§ 3503.01. Age and residence; assignment of electors to adjoining precinct.
Every citizen of the United States who is of the age of eighteen years
or over and who has been a resident of the state thirty days
immediately preceding the election at which the citizen offers to vote,
is a resident of the county and precinct in which the citizen offers to
vote, and has been registered to vote for thirty days, has the
qualifications of an elector and may vote at all elections in the
precinct in which the citizen resides.
When only a portion of a precinct is included within the boundaries of
a school district, the board of elections may assign the electors
residing in such portion of a precinct to the nearest precinct or
portion of a precinct within the boundaries of such school district for
the purpose of voting at any special school election held in such
school district. In any election in which only a part of the electors
in a precinct is qualified to vote, the board may assign voters in such
part to an adjoining precinct. Such assignment may be made to an
adjoining precinct in another county with the consent and approval of
the board of elections of such other county.
The board shall notify all such electors so assigned, at least ten days
prior to the holding of any such election, of the location of the
polling place where they are entitled to vote at such election.
HISTORY: GC § 4785-30; 113 v 307(320), § 30; 114 v 679; 118 v
223; 120 v 475(503); 122 v 325; Bureau of Code Revision, 10-1-53; 125 v
713(744) (Eff 1-1-54); 129 v 1267 (Eff 9-28-61); 134 v S 460 (Eff
3-23-72); 136 v S 32 (Eff 9-5-75); 137 v S 125 (Eff 5-27-77); 137 v H
1209 (Eff 11-3-78); 146 v H 99. Eff 8-22-95.
[§ 3503.01.1] § 3503.011. Qualifications to vote in primary.
At a primary election every qualified elector who is or will be on the
day of the next general election eighteen or more years of age, and who
is a member of or is affiliated with the political party whose primary
election ballot he desires to vote, shall be entitled to vote such
ballot at the primary election.
HISTORY: 138 v H 1062. Eff 3-23-81.
§ 3503.02. Rules for determining residence.
All registrars and judges of elections, in determining the residence of
a person offering to register or vote, shall be governed by the
following rules:
(A) That place shall be considered the
residence of a person in which the person's habitation is fixed and to
which, whenever the person is absent, the person has the intention of
returning.
(B) A person shall not be considered to have
lost the person's residence who leaves the person's home and goes into
another state or county of this state, for temporary purposes only,
with the intention of returning.
(C) A person shall not be considered to have
gained a residence in any county of this state into which the person
comes for temporary purposes only, without the intention of making such
county the permanent place of abode.
(D) The place where the family of a married
man or woman resides shall be considered to be his or her place of
residence; except that when the husband and wife have separated and
live apart, the place where he or she resides the length of time
required to entitle a person to vote shall be considered to be his or
her place of residence.
(E) If a person removes to another state with
the intention of making such state the person's residence, the person
shall be considered to have lost the person's residence in this state.
(F) Except as otherwise provided in division
(G) of this section, if a person removes from this state and
continuously resides outside this state for a period of four years or
more, the person shall be considered to have lost the person's
residence in this state, notwithstanding the fact that the person may
entertain an intention to return at some future period.
(G) If a person removes from this state to
engage in the services of the United States government, the person
shall not be considered to have lost the person's residence in this
state during the period of such service, and likewise should the person
enter the employment of the state, the place where such person resided
at the time of the person's removal shall be considered to be the
person's place of residence.
(H) If a person goes into another state and
while there exercises the right of a citizen by voting, the person
shall be considered to have lost the person's residence in this state.
HISTORY: GC § 4785-31; 113 v 307(320), § 31; 118 v 223;
Bureau of Code Revision, 10-1-53; 125 v 713(744); 127 v 83 (Eff
8-23-57); 134 v S 460 (Eff 3-23-72); 146 v H 99. Eff 8-22-95.
§ 3503.03. Inmates of soldiers' homes.
Infirm or disabled soldiers who are inmates of a national home for such
soldiers, who are citizens of the United States and have resided in
this state thirty days immediately preceding any election, and who are
otherwise qualified as to age and residence within the county and
township shall have their lawful residence in the county and township
in which such home is located.
HISTORY: GC § 4785-32; 113 v 307(321), § 32; Bureau of Code
Revision, 10-1-53; 134 v S 460 (Eff 3-23-72); 136 v S 32 (Eff 9-5-75);
146 v H 99. Eff 8-22-95.
§ 3503.04. Inmates of public or private institutions.
Persons who are inmates of a public or private institution who are
citizens of the United States and have resided in this state thirty
days immediately preceding the election, and who are otherwise
qualified as to age and residence within the county shall have their
lawful residence in the county, city, village and township in which
said institution is located provided, that the lawful residence of a
qualified elector who is an inmate in such an institution for temporary
treatment only, shall be the residence from which he entered such
institution.
HISTORY: GC § 4785-33; 113 v 307(321), § 33; Bureau of Code
Revision, 10-1-53; 125 v 713(745) (Eff 1-1-54); 134 v S 460 (Eff
3-23-72); 136 v S 32 (Eff 9-5-75); 146 v H 99. Eff 8-22-95.
§ 3503.05. Repealed.
Repealed, 134 v S 460, § 2 [GC § 4785-33a; 114 v 679; 122 v
325; Bureau of Code Revision, 10-1-53; 125 v 314; 127 v 83]. Eff
3-23-72.
——————————
REGISTRATION
§ 3503.06. Registration and residence requirements.
No person shall be entitled to vote at any election, or to sign or
circulate any declaration of candidacy or any nominating, initiative,
referendum, or recall petition, unless the person is registered as an
elector and will have resided in the county and precinct where the
person is registered for at least thirty days at the time of the next
election.
HISTORY: GC § 4785-34; 113 v 307(321), § 34; 114 v 679; 119 v
265; Bureau of Code Revision, 10-1-53; 125 v 713(745); 126 v 205 (Eff
1-1-56); 129 v 392 (Eff 5-4-61); 130 v 823 (Eff 1-1-64); 137 v S 125
(Eff 5-27-77); 146 v H 99. Eff 8-22-95.
§ 3503.07. Qualifications for registering.
Each person who will be of the age of eighteen years or more at the
next ensuing November election, who is a citizen of the United States,
and who, if he continues to reside in the precinct until the next
election, will at that time have fulfilled all the requirements as to
length of residence to qualify him as an elector shall, unless
otherwise disqualified, be entitled to be registered as an elector in
such precinct. When once registered, an elector shall not be required
to register again unless his registration is canceled.
HISTORY: GC § 4785-35; 113 v 307(322), § 35; Bureau of Code Revision, 10-1-53; 134 v s 460. Eff 3-23-72.
§ 3503.08. Registration supplies; rules.
The board of elections shall provide such printed forms, blanks,
supplies, and equipment and prescribe such reasonable rules as are
necessary to carry out sections 3503.06 to 3503.32 Å of the
Revised Code.
HISTORY: GC § 4785-36; 113 v 307(322), § 36; 114 v 679; 119 v
265; 122 v 325; 124 v 673; Bureau of Code Revision, 10-1-53; 129 v 392
(Eff 5-4-61); 134 v S 460 (Eff 3-23-72); 137 v S 125. Eff 5-27-77.
§ 3503.09. Repealed.
Repealed, 134 v S 460, § 2 [GC §§ 4785-37; 113 v 307;
123 v 693; 124 v 673; Bureau of Code Revision, 10-1-53; 125 v 713]. Eff
3-23-72.
§ 3503.10. Voter registration programs for designated state agencies, schools, libraries and county treasurers.
(A) Each designated agency shall
designate one person within that agency to serve as coordinator for the
voter registration program within the agency and its departments,
divisions, and programs. The designated person shall be trained under a
program designed by the secretary of state and shall be responsible for
administering all aspects of the voter registration program for that
agency as prescribed by the secretary of state. The designated person
shall receive no additional compensation for performing such duties.
(B) Every designated agency, public high
school and vocational school, public library, and office of a county
treasurer shall provide in each of its offices or locations voter
registration applications and assistance in the registration of persons
qualified to register to vote, in accordance with this chapter.
(C) Every designated agency shall
distribute to its applicants, prior to or in conjunction with
distributing a voter registration application, a form prescribed by the
secretary of state that includes all of the following:
(1) The
question, "Do you want to register to vote or update your current voter
registration?" - followed by boxes for the applicant to indicate
whether the applicant would like to register or decline to register to
vote, and the statement, highlighted in bold print, "If you do not
check either box, you will be considered to have decided not to
register to vote at this time.";
(2) If the
agency provides public assistance, the statement, "Applying to register
or declining to register to vote will not affect the amount of
assistance that you will be provided by this agency.";
(3) The
statement, "If you would like help in filling out the voter
registration application form, we will help you. The decision whether
to seek or accept help is yours. You may fill out the application form
in private.";
(4) The
statement, "If you believe that someone has interfered with your right
to register or to decline to register to vote, your right to privacy in
deciding whether to register or in applying to register to vote, or
your right to choose your own political party or other political
preference, you may file a complaint with the prosecuting attorney of
your county or with the secretary of state," with the address and
telephone number for each such official's office.
(D) Each designated agency shall
distribute a voter registration form prescribed by the secretary of
state to each applicant with each application for service or
assistance, and with each written application or form for
recertification, renewal, or change of address.
(E) Each designated agency shall do all of the following:
(1) Have
employees trained to administer the voter registration program in order
to provide to each applicant who wishes to register to vote and who
accepts assistance, the same degree of assistance with regard to
completion of the voter registration application as is provided by the
agency with regard to the completion of its own form;
(2) Accept
completed voter registration applications, voter registration change of
residence forms, and voter registration change of name forms,
regardless of whether the application or form was distributed by the
designated agency, for transmittal to the office of the board of
elections in the county in which the agency is located. Each designated
agency and the appropriate board of elections shall establish a method
by which the voter registration applications and other voter
registration forms are transmitted to that board of elections within
five days after being accepted by the agency.
(3) If the
designated agency is one that is primarily engaged in providing
services to persons with disabilities under a state-funded program, and
that agency provides services to a person with disabilities at a
person's home, provide the services described in divisions (E)(1) and
(2) of this section at the person's home;
(4) Keep as
confidential, except as required by the secretary of state for
record-keeping purposes, the identity of an agency through which a
person registered to vote or updated the person's voter registration
records, and information relating to a declination to register to vote
made in connection with a voter registration application issued by a
designated agency.
(F) The secretary of state shall prepare
and transmit written instructions on the implementation of the voter
registration program within each designated agency, public high school
and vocational school, public library, and office of a county
treasurer. The instructions shall include directions as follows:
(1) That each person
designated to assist with voter registration maintain strict neutrality
with respect to a person's political philosophies, a person's right to
register or decline to register, and any other matter that may
influence a person's decision to register or not register to vote;
(2) That each person
designated to assist with voter registration not seek to influence a
person's decision to register or not register to vote, not display or
demonstrate any political preference or party allegiance, and not make
any statement to a person or take any action the purpose or effect of
which is to lead a person to believe that a decision to register or not
register has any bearing on the availability of services or benefits
offered, on the grade in a particular class in school, or on credit for
a particular class in school;
(3) Regarding when and
how to assist a person in completing the voter registration
application, what to do with the completed voter registration
application or voter registration update form, and when the application
must be transmitted to the appropriate board of elections;
(4) Regarding what
records must be kept by the agency and where and when those records
should be transmitted to satisfy reporting requirements imposed on the
secretary of state under the National Voter Registration Act of 1993;
(5) Regarding whom to
contact to obtain answers to questions about voter registration forms
and procedures.
(G) If the voter registration activity
is part of an in-class voter registration program in a public high
school or vocational school, whether prescribed by the secretary of
state or independent of the secretary of state, the board of education
shall do all of the following:
(1) Establish a
schedule of school days and hours during these days when the person
designated to assist with voter registration shall provide voter
registration assistance;
(2) Designate a person
to assist with voter registration from the public high school's or
vocational school's staff;
(3) Make voter
registration applications and materials available, as outlined in the
voter registration program established by the secretary of state
pursuant to section 3501.05 of the Revised Code;
(4) Distribute the
statement, "applying to register or declining to register to vote will
not affect or be a condition of your receiving a particular grade in or
credit for a school course or class, participating in a curricular or
extracurricular activity, receiving a benefit or privilege, or
participating in a program or activity otherwise available to pupils
enrolled in this school district's schools.";
(5) Establish a method
by which the voter registration application and other voter
registration forms are transmitted to the board of elections within
five days after being accepted by the public high school or vocational
school.
(H) Any person employed by the
designated agency, public high school or vocational school, public
library, or office of a county treasurer may be designated to assist
with voter registration pursuant to this section. The designated
agency, public high school or vocational school, public library, or
office of a county treasurer shall provide the designated person, and
make available such space as may be necessary, without charge to the
county or state.
(I) The secretary of state shall prepare
and cause to be displayed in a prominent location in each designated
agency a notice that identifies the person designated to assist with
voter registration, the nature of that person's duties, and where and
when that person is available for assisting in the registration of
voters.
A designated agency may furnish additional
supplies and services to disseminate information to increase public
awareness of the existence of a person designated to assist with voter
registration in every designated agency.
(J) This section does not limit any
authority a board of education, superintendent, or principal has to
allow, sponsor, or promote voluntary election registration programs
within a high school or vocational school, including programs in which
pupils serve as persons designated to assist with voter registration,
provided that no pupil is required to participate.
(K) Each public library and office of
the county treasurer shall establish a method by which voter
registration forms are transmitted to the board of elections within
five days after being accepted by the public library or office of the
county treasurer.
(L) The department of job and family
services and its departments, divisions, and programs shall limit
administration of the aspects of the voter registration program for the
department to the requirements prescribed by the secretary of state and
the requirements of this section and the National Voter Registration
Act of 1993.
HISTORY: 140 v S 54 (Eff 9-21-83); 142 v H 439 (Eff 3-17-89); 145 v S
300 (Eff 1-1-95); 146 v H 99. (Eff 8-22-95); 146 v S 230. Eff 10-29-96;
150 v H 95, § 1, eff. 9-26-03.
§ 3503.11. Voter registration duties of registrar of motor vehicles and deputy registrars.
When any person applies for a driver's license, commercial driver's
license, a state of Ohio identification card issued under section
4507.50 of the Revised Code, or motorcycle operator's license or
endorsement, or the renewal or duplicate of any license or endorsement
under Chapter 4506. or 4507. of the Revised Code, the registrar of
motor vehicles or deputy registrar shall offer the applicant the
opportunity to register to vote or to update his or her voter
registration. The registrar of motor vehicles or deputy registrar also
shall make available to all other customers voter registration
applications or change of residence or change of name applications but
is not required to offer assistance to these customers in completing
the voter registration application.
The registrar or deputy registrar shall send any completed registration
application or change of residence and change of name notice to the
board of elections of the county in which the office of the registrar
or deputy registrar is located, within five days after accepting the
application or notice.
The registrar shall collect from each deputy registrar through the
reports filed under division (J) of section 4503.03 of the Revised Code
and transmit to the secretary of state information on the number of
voter registration applications and change of residence or change of
name notices completed or declined, and any additional information
required by the secretary of state to comply with the National Voter
Registration Act of 1993. No information relating to an applicant's
decision to decline to register or update his or her voter registration
at the office of the registrar or deputy registrar may be used for any
purpose other than voter registration record keeping required by the
secretary of state, and all such information shall be kept
confidential.
The secretary of state shall prescribe voter registration applications
and change of residence and change of name notices for use by the
bureau of motor vehicles. The bureau of motor vehicles shall supply all
of its deputy registrars with a sufficient number of voter registration
applications and change of residence and change of name notices.
HISTORY: GC § 4785-39; 113 v 307(324), § 39; 114 v 679; 116 v
320; 123 v 380; 124 v 673; Bureau of Code Revision, 10-1-53; 125 v
713(746); 126 v 205; 127 v 741 (Eff 1-1-58); 129 v 392 (Eff 5-4-61);
134 v S 460 (Eff 3-23-72); 135 v S 143 (Eff 5-24-74); 137 v S 125 (Eff
5-27-77); 137 v H 1209 (Eff 11-3-78); 138 v H 1062 (Eff 3-23-81); 140 v
H 402 (Eff 3-19-84); 143 v H 381 (Eff 7-1-89); 143 v H 237 (Eff
7-27-90); 144 v H 438 (Eff 9-23-92); 145 v S 150 (Eff 12-29-93); 145 v
S 300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95.
[§ 3503.11.1] § 3503.111. Registration on behalf of county of residence.
The board of elections of any county shall register or change the
registration of any person determined not to be a resident in that
county under section 3503.02 of the Revised Code, who is a resident and
a qualified elector of another county in this state, on behalf of the
county of residence.
The director of any board of elections registering a person under this
section shall send the completed registration form of that person to
the director of the board of elections of the county of residence, who
shall enter the form in the proper registration files and shall
promptly send an acknowledgment notice as prescribed by the secretary
of state to the registrant at the new address listed on the
registration form.
HISTORY: 134 v S 460 (Eff 3-23-72); 137 v S 125 (Eff 5-27-77); 138 v H 1062 (Eff 3-23-81); 145 v S 300. Eff 1-1-95.
§ 3503.12. Advertising methods of registration; removal of barriers to handicapped.
All registrations shall be carefully checked, and in case any person is
found to have registered more than once, the additional registration
forms shall be canceled by the board of elections.
Six weeks prior to the day of a special, primary, or general election,
the board shall publish notices in one or more newspapers of general
circulation advertising the places, dates, times, methods of
registration, and voter qualifications for registration.
The board shall establish a schedule or program to assure to the extent
reasonably possible that, on or before November 1, 1980, all
registration places shall be free of barriers that would impede the
ingress and egress of handicapped persons. Entrances shall be level or
shall be provided with a nonskid ramp of not over eight per cent
gradient, and doors shall be a minimum of thirty-two inches wide.
Registration places located at polling places shall, however, comply
with the requirements of section 3501.29 of the Revised Code for the
elimination of barriers.
As used in this section, "handicapped" means having lost the use of one
or both legs, one or both arms, or any combination thereof, or being
blind or so severely disabled as to be unable to move about without the
aid of crutches or a wheelchair.
HISTORY: GC § 4785-40; 113 v 307(324), § 40; 116 v 320; 119 v
265; 124 v 673; Bureau of Code Revision, 10-1-53; 125 v 713(747); 127 v
741 (Eff 1-1-58); 132 v S 81 (Eff 10-12-67); 135 v S 143 (Eff 5-24-74);
135 v H 662 (Eff 9-27-74); 136 v S 162 (Eff 7-23-76); 137 v S 125 (Eff
5-27-77); 138 v H 1062. Eff 3-23-81.
§ 3503.13. Registration forms, records.
(A) Except as provided in division (C)
of this section, registration forms shall consist of original and
duplicate cards or loose-leaf pages as prescribed by the secretary of
state. When such registration forms have been filled out and filed in
the office of the board of elections, the original forms shall be filed
together in one file and the duplicate forms shall be filed together in
another file. Except as otherwise provided in division (D) of this
section, the original forms shall be filed by precincts and shall
constitute the precinct register for use in polling places on election
day. The duplicate forms shall be filed alphabetically and shall
constitute the permanent office record of the board. It shall not be
removed from the office of the board except upon the order of a court.
(B) Except as otherwise provided by
state or federal law, the registration records shall be open to public
inspection at all times when the office of the board is open for
business, under such regulations as the board adopts, provided that no
person shall be permitted to inspect such records except in the
presence of an employee of the board.
(C) The board of elections of a county
that adopts or has adopted electronic data processing for the
registration of qualified electors of the county may use a single
registration form complying with the requirements of division (A) of
this section. The information contained on the form may be duplicated
on punch cards, magnetic tape, discs, diskettes, or such other media as
are compatible with the data processing system adopted by the board and
may constitute the permanent office record in lieu of the duplicate
registration card.
(D) Instead of using the original
registration forms as the precinct register in the polling places on
election day as provided in division (A) of this section, a board of
elections that has adopted electronic data processing 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 continues to record and
maintain at the board office the information obtained from the form
prescribed under section 3503.14 of the Revised Code, and provided that
the precinct election officials have computer printouts at the polls
containing any necessary information specified by the secretary of
state that would otherwise be available to them on the registration
forms.
HISTORY: GC § 4785-41; 113 v 307(324), § 41; 118 v 223; 122 v
325; Bureau of Code Revision, 10-1-53; 134 v S 460 (Eff 3-23-72); 137 v
H 86 (Eff 8-26-77); 137 v S 125 (Eff 5-27-77); 137 v H 1209 (Eff
11-3-78); 140 v H 402 (Eff 3-19-84); 143 v H 36 (Eff 1-1-90); 144 v H
182 (Eff 4-9-93); 145 v S 300. Eff 1-1-95.
§ 3503.14. Content of forms; persons unable to sign.
(A) The secretary of state shall
prescribe the form and content of the registration and change of
residence and change of name form used in this state. The form shall
set forth the eligibility requirements needed to qualify as an elector
and meet the requirements of the National Voter Registration Act of
1993. The form shall include a space on which the person registering an
applicant shall sign the person's name and a space on which the person
registering an applicant shall name the employer who is employing that
person to register the applicant. No election official or employee of a
designated agency who is registering an applicant shall be required to
sign the election official's or employee's name or to name the employer
who is employing the election official or employee to register an
applicant on a form prepared under this section.
(B) 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.
(C) No registration and change of
residence and 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.
(D) As used in this section,
"registering an applicant" includes any effort, for compensation, to
provide voter registration forms or to assist persons in completing
those forms or returning them to the board of elections, the office of
the secretary of state, or another appropriate public office.
HISTORY: GC § 4785-42; 113 v 307(325), § 42; 119 v 265; 122 v
325; Bureau of Code Revision, 10-1-53; 125 v 713(747) (Eff 1-1-54); 129
v 1267 (Eff 9-28-61); 134 v S 460 (Eff 3-23-72); 135 v H 662 (Eff
9-27-74); 137 v S 125 (Eff 5-27-77); 138 v H 1062 (Eff 3-23-81); 144 v
H 438 (Eff 9-23-92); 144 v H 182 (Eff 4-9-93); 145 v S 300. Eff 1-1-95;
150 v H 1, § 1, eff. 3-31-05.
§ 3503.15. Repealed.
Repealed, 145 v S 300, § 2 [GC § 4785-43; 113 v 307(326),
§ 43; Bureau of Code Revision, 10-1-53; 137 v S 125]. Eff 1-1-95.
§ 3503.16. Change of residence or name forms; eligibility to vote where form not filed.
(A) 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, 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 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.
(B)
(1) Any
registered elector who moves within a precinct or 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 or residence or change of name, whichever is
appropriate, 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 or change of name,
whichever is appropriate, and casting a ballot.
(2) Any
registered elector who moves from one precinct to another within a
county or moves from one precinct to another 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 change of residence
or change of name, whichever is appropriate, with the board of
elections 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 or 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 polling place in the precinct in which that registered elector
resides;
(ii) The location designated by the board of elections, which shall be
the office of the board or another appropriate site designated by the
board in the county in which that registered elector resides.
(b) Completes and signs, under penalty of election falsification, a
notice of change of residence or change of name, whichever is
appropriate, and files it with election officials at the polling place,
at the office of the board of elections, or at the site designated by
the board, whichever is appropriate;
(c) Votes at the polling place, at the office of the board of
elections, or at the site designated by the board, whichever is
appropriate, by absent voter's ballots 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 at the polling place in the precinct in which that
registered elector resides, at the office of the board of elections, or
at the site designated by the board, whichever is appropriate, and will
not vote or attempt to vote at any other location for that particular
election. The statement required under division (B)(2)(d) of this
section shall be included on the notice of change of residence or
change of name, whichever is appropriate, required under division
(B)(2)(b) of this section.
(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 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 or 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 the location
designated by the board of elections, which shall be either the office
of the board or another appropriate site designated by the board in the
county in which that registered elector resides;
(2) Completes
and signs, under penalty of election falsification, a notice of change
of residence and files it with election officials at the board or at
the site designated by the board, whichever is appropriate;
(3) Votes at the
office of the board of elections or at a site designated by the board
by absent voter's ballots 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 at the site
designated by the board, whichever is appropriate, and will not vote or
attempt to vote at any other location for that particular election. The
statement required under division (C)(4) of this section shall be
included on the notice of change of residence required under division
(C)(2) of this section.
(D) A person who votes by absent voter's
ballots pursuant to division (B), (C), or (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 (B), (C), or (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 (B), (C), or (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.
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 change of residence
or change of name form, the board of elections shall immediately send
the registrant an acknowledgment notice. If the change of residence or
change of name form 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, 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 or other location
designated by the board 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 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 noon of the
Saturday 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;
(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 or other location designated by the board 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 or
other location designated by the board, 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.
HISTORY: GC § 4785-44; 113 v 307(327), § 44; 119 v 265;
Bureau of Code Revision, 10-1-53; 125 v 713(748) (Eff 1-1-54); 130 v
824 (Eff 1-1-64); 137 v S 125 (Eff 5-27-77); 138 v H 1062 (Eff
3-23-81); 143 v H 381 (Eff 7-1-89); 143 v H 237 (Eff 7-27-90); 144 v H
438 (Eff 9-23-92); 145 v S 300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95;
151 v H 234, § 1, eff. 1-27-06.
§ 3503.17. Change in precinct boundaries.
When a new precinct has been created, or the boundaries thereof have
been changed, the election authorities shall correct and transfer the
registration forms of registered electors whose voting precincts have
thus been changed and shall notify such registrants by mail. The
registration of an elector shall not be invalidated by such alteration
or transfer nor shall the right of any registered elector to vote be
prejudiced by any error in making out the certified list of registered
voters.
HISTORY: GC § 4785-45; 113 v 307(328), § 45; 114 v 679(687);
119 v 265; Bureau of Code Revision, 10-1-53; 137 v S 125. Eff 5-27-77.
§ 3503.18. Cancellation of registration due to death, incompetency or disfranchisement.
The chief health officer of each political subdivision and the director
of health shall file with the board of elections, at least once each
month, the names, dates of birth, dates of death, and residences of all
persons, over eighteen years of age, who have died within such
subdivision or within this state or another state, respectively, within
such month. At least once each month the probate judge shall file with
the board the names and residence addresses of all persons over
eighteen years of age who have been adjudicated incompetent for the
purpose of voting, as provided in section 5122.301 [5122.30.1] of the
Revised Code. At least once each month the clerk of the court of common
pleas shall file with the board the names and residence addresses of
all persons who have been convicted during the previous month of crimes
that would disfranchise such persons under existing laws of the state.
Reports of conviction of crimes under the laws of the United States
that would disfranchise an elector and that are provided to the
secretary of state by any United States attorney shall be forwarded by
the secretary of state to the appropriate board of elections.
Upon receiving any report described in this section, the board of
elections shall promptly cancel registration of the elector. If the
report contains a residence address of an elector in a county other
than the county in which the board of elections is located, the
director shall promptly send a copy of the report to the appropriate
board of elections, which shall cancel the registration.
HISTORY: GC § 4785-46; 113 v 307(328), § 46; 119 v 265;
Bureau of Code Revision, 10-1-53; 125 v 713(749) (Eff 1-1-54); 134 v S
460 (Eff 3-23-72); 137 v S 125 (Eff 5-27-77); 137 v H 725 (Eff
3-16-78); 145 v S 300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95.
§ 3503.19. Methods of registering or changing registration; mailing of confirmation or rejection notice.
(A) Persons qualified to register or to
change their registration because of a change of address or change of
name may register or change their registration 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 a branch office established by the board of elections,
or 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 at any
polling place where the elector is eligible to vote, on election day.
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 library,
or the office of a county treasurer shall transmit any voter
registration 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.
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, 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 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.
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) 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. Completed registration forms may be returned in person or
through another person to any state or local office of a designated
agency, to a public high school or vocational school, to a public
library, or to the office of a county treasurer, or in person, through
another person, or by mail to the office of the secretary of state or
the office of a board of elections.
(C) 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
and promptly notify the applicant of the applicant's registration and
the precinct in which the applicant is to vote. The notification shall
be by nonforwardable mail, and if the mail is returned to the board, it
shall investigate and cause the notification to be delivered to the
correct address; or if it determines that the voter is not eligible to
vote for residency reasons it shall cancel the registration and notify
the registrant, at the last known address, of a need to reregister. If
the board does not accept the application for registration, it shall
immediately notify the applicant of the reasons for rejecting the
application and request the applicant to provide whatever information
or verification is necessary to complete the application.
If a notice of the disposition of an otherwise
valid mail registration application is sent by nonforwardable mail and
is returned undelivered, the person shall be registered 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
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.
HISTORY: 145 v S 300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95.
§ 3503.20. Repealed.
Repealed, 137 v S 125, § 2 [GC § 4785-48; 113 v 307(329); 114
v 679; 119 v 265; Bureau of Code Revision, 10-1-53]. Eff 5-27-77.
§ 3503.21. Events resulting in cancellation of registration; procedures to verify or correct change of address.
(A) The registration of a registered
elector shall be canceled upon the occurrence of any of the following:
(1) The filing
by a registered elector of a written request with a board of elections,
on a form prescribed by the secretary of state and signed by the
elector, that his 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 the registered elector as provided in
section 3503.18 of the Revised Code;
(3) 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;
(4) The
adjudication of incompetency of the registered elector for the purpose
of voting as provided in section 5122.301 [5122.30.1] of the Revised
Code;
(5) The change
of residence of the registered elector to a location outside the county
of registration in accordance with division (B) of this section;
(6) The failure
of the registered elector, after he has 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;
(b) Update his registration and vote at least once during a period of
four consecutive years, which period shall include two general federal
elections.
(B) The secretary of state shall
prescribe procedures to identify and cancel the registration in a prior
county of residence of any registrant who changes his voting residence
to a location outside his current county of 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.
The registration of any elector identified as
having changed his voting residence to a location outside his current
county of 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 his 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.
(D) Boards of elections shall send their
voter registration lists to the secretary of state semiannually. In the
first quarter of each odd-numbered year, the secretary of state shall
send the information contained in these lists 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 on the lists sent by the secretary of state who have moved
within the last thirty-six months. The secretary of state shall
transmit to each appropriate board of elections whatever lists he
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 envelope containing a form on which the
voter may verify or correct the change of address information.
HISTORY: 145 v S 300. Eff 1-1-95.
§ 3503.22. Repealed.
Repealed, 145 v S 300, § 2 [GC § 4785-50; 113 v 307(330),
§ 50; 119 v 265; Bureau of Code Revision, 10-1-53; 125 v 713(750);
137 v S 125; 138 v H 1062; 139 v S 99; 144 v S 61]. Eff 1-1-95.
§ 3503.23. Official registration lists for each precinct.
At least fifteen days before an election the board shall cause to be
prepared from the registration cards a complete and official
registration list for each precinct, containing the names, addresses,
and political party whose ballot the elector voted in the most recent
primary election within the current year and the immediately preceding
two calendar years, of all qualified registered voters in the precinct.
All the names, insofar as practicable, shall be arranged either in
alphabetical order, or in geographical order according to streets in
the precincts. All the lists shall be prepared in sheet form and on one
side of the paper. Each precinct list shall be headed "Register of
Voters," and under the heading shall be indicated the district or ward
and precinct followed by the statement:
"Any voter of the county on or before the seventh day prior to the
election may file with the board of elections at the board's offices
located at .......... objections to the registration of any
person on this list who, he has reason to believe, is not eligible to
vote, or a request for the addition to the list of registered voters
whose names have been omitted or who have been erroneously dropped from
the registration list of the precinct."
Appended to each precinct list shall be attached the names of the
members of the board and the name of the director. A sufficient number
of such lists may be provided for distribution to the candidates,
political parties, or organized groups that apply for them. The board
shall have each precinct list available at the board for viewing by the
public during normal business hours. The board shall ensure that, by
the opening of the polls on the day of a general or primary election,
each precinct has a copy of the registration list of voters in that
precinct.
(B) On the day of a general or primary
election, precinct election officials shall do both of the following:
(1) By the time
the polls open, conspicuously post and display at the polling place one
copy of the registration list of voters in that precinct;
(2) At 11 a.m.
and 4 p.m. place a mark, on the official registration list posted at
the polling place, before the name of those registered voters who have
voted.
HISTORY: GC § 4785-51; 113 v 307(331), § 51; 119 v 265; 124 v
673; Bureau of Code Revision, 10-1-53; 135 v H 435 (Eff 7-9-74); 137 v
S 125 (Eff 5-27-77); 137 v H 1209 (Eff 11-3-78); 138 v H 1062 (Eff
3-23-81); 141 v H 555 (Eff 2-26-86); 141 v H 524 (Eff 3-17-87); 145 v S
300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95.
§ 3503.24. Application for correction of list or challenge of right to vote; hearing.
Application for the correction of any precinct registration list or a
challenge of the right to vote of any registered elector may be made by
any qualified elector of the county at the office of the board of
elections not later than eleven days prior to the election. The
applications or challenges, with the reasons for the application or
challenge, shall be filed with the board on a form prescribed by the
secretary of state and shall be signed under penalty of election
falsification.
On receiving an application or challenge filed under this section, the
director shall promptly set a time and date for a hearing before the
board. The hearing shall be held no later than two days prior to any
election. The director shall send written notice to any elector whose
right to vote is challenged and to any person whose name is alleged to
have been omitted from a registration list. The notice shall inform the
person of the time and date of the hearing, and of the person's right
to appear and testify, call witnesses, and be represented by counsel.
The notice shall be sent by first class mail no later than three days
before the day of any scheduled hearing. The director shall also
provide the person who filed the application or challenge with such
written notice of the date and time of the hearing.
At the request of either party or any member of the board, the board
shall issue subpoenas to witnesses to appear and testify before the
board at a hearing held under this section. All witnesses shall testify
under oath. The board shall reach a decision on all applications and
challenges immediately after hearing.
If the board decides that any such person is not entitled to have the
person's name on the registration list, the person's name shall be
removed from the list and the person's registration forms canceled. If
the board decides that the name of any such person should appear on
such registration list it shall be added thereto, and the person's
registration forms placed in the proper registration files. All such
corrections and additions shall be made on a copy of the precinct
lists, which shall constitute the poll lists, to be furnished to the
respective precincts with other election supplies on the day preceding
the election, to be used by the clerks in receiving the signatures of
voters and in checking against the registration forms.
HISTORY: GC § 4785-52; 113 v 307(331), § 52; 119 v 265;
Bureau of Code Revision, 10-1-53; 129 v 1562 (Eff 8-25-61); 145 v S 300
(Eff 1-1-95); 146 v H 99. Eff 8-22-95.
§ 3503.25. Investigation of registrations.
The board of elections may conduct investigations, summon witnesses,
and take testimony under oath regarding the registration of any voter
or as to the accuracy of the registration lists in any precinct.
HISTORY: GC § 4785-53; 113 v 307(332), § 53; 118 v 223; 123 v
380; Bureau of Code Revision, 10-1-53; 128 v 25 (Eff 10-12-59); 137 v S
125 (Eff 5-27-77); 146 v H 99. Eff 8-22-95.
§ 3503.26. Custody of records and lists; inspection and copying.
(A) All registration forms and lists,
when not in official use by the registrars or judges of elections,
shall be in the possession of the board of elections. Names and
addresses of electors may be copied from the registration lists only in
the office of the board when it is open for business; but no such
copying shall be permitted during the period of time commencing
twenty-one days before an election and ending on the eleventh day after
an election if such copying will, in the opinion of the board,
interfere with the necessary work of the board. The board shall keep in
convenient form and available for public inspection a correct set of
the registration lists of all precincts in the county.
(B) Notwithstanding division (A) of this
section the board of elections shall maintain and make available for
public inspection and copying at a reasonable cost all records
concerning the implementation of programs and activities conducted for
the purpose of ensuring the accuracy and currency of voter registration
lists, including the names and addresses of all registered electors
sent confirmation notices and whether or not the elector responded to
the confirmation notice. The board shall maintain all records described
in this division for a period of two years.
HISTORY: GC § 4785-54; 113 v 307(333), § 54; 119 v 265; 122 v
325; Bureau of Code Revision, 10-1-53; 137 v S 125 (Eff 5-27-77); 145 v
S 300. Eff 1-1-95.
§ 3503.27. Master file of registered voters.
In order to efficiently maintain accurate and current lists of
registered voters, the secretary of state shall, beginning January 1,
1979, maintain a master file of all registered voters in this state.
The secretary of state shall prescribe by directive the schedule and
format by which boards of elections must submit accurate and current
lists of all registered voters in their counties.
HISTORY: 137 v S 125 (Eff 5-27-77); 141 v H 555. Eff 2-26-86.
§ 3503.28. Repealed.
Repealed, 137 v S 125, § 2 [GC §§ 4785-56, 4785-57; 113
v 307(334); 119 v 265; Bureau of Code Revision, 10-1-53]. Eff 5-27-77.
§ 3503.29. Repealed.
Repealed, 137 v S 125, § 2 [GC §§ 4785-56, 4785-57; 113
v 307(334); 119 v 265; Bureau of Code Revision, 10-1-53]. Eff 5-27-77.
§ 3503.30. Mistake in registration form.
When by mistake a qualified elector has caused himself to be registered
in a precinct which was not his place of residence, the board of
elections, on full and satisfactory proof that such error was committed
by mistake, may, on his personal application and proof of his true
residence, correct his registration form. The board may correct all
errors occurring in the registration of electors when it finds that the
errors subject to corrections were not of fraudulent intent.
HISTORY: GC § 4785-58; 113 v 307(334), § 58; 114 v 679; Bureau of Code Revision. Eff 10-1-53.
§ 3503.31. Repealed.
Repealed, 137 v S 125, § 2 [GC § 4785-59; 113 v 307(334); 119
v 265; Bureau of Code Revision, 10-1-53; 134 v S 460]. Eff 5-27-77.
§ 3503.32. Repealed.
Repealed, 134 v S 460, § 2 [GC § 4785-60; 113 v 307; 119 v 265; Bureau of Code Revision, 10-1-53]. Eff 3-23-72.
§ 3503.33. Prior registration; cancellation authorization.
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 the previous registration on a form prescribed
by the secretary of state.
The director of the board of elections shall mail all such
authorizations to the board of elections or comparable agency of the
proper state and county. Upon the receipt of this authorization from
the forwarding county, the director of a 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 registration from the files, and place it with the
cancellation authorization 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.
HISTORY: 125 v 713(751) (Eff 1-1-54); 129 v 1562 (Eff 8-25-61); 137 v S
125 (Eff 5-27-77); 138 v H 1062 (Eff 3-23-81); 146 v H 99. Eff 8-22-95.
——————————
CHAPTER 3504
PRESIDENTIAL BALLOTS - FORMER RESIDENTS
Section
3504.01. Presidential election voting by former residents.
3504.02. Certificate of intent to vote.
3504.03. [Repealed]
3504.04. List of former resident voters at polling place.
3504.05. Notification of state of prior residence.
3504.06. Penalty.
3504.07. [Repealed]
§ 3504.01. Presidential election voting by former residents.
Each citizen of the United States who, on the day of the succeeding
presidential election, will be eighteen years of age or over, who has
moved the citizen's residence from this state not more than ninety days
prior to the day of such presidential election, who has not registered
to vote in the state to which that citizen has moved that citizen's
residence, and who, because of that citizen's removal from this state,
is not entitled to vote for the offices of president and vice-president
or for presidential and vice-presidential electors in the state of that
citizen's current residence may be entitled to vote in this state, in
the precinct in which that citizen's voting residence was located at
the time the citizen moved from this state, for presidential and
vice-presidential electors but for no other offices if the citizen
meets all of the following conditions:
(A) The citizen otherwise possesses the substantive
qualifications to vote in this state, except the requirements of
residence and registration.
(B) The citizen complies with sections 3504.01 to 3504.06 of the Revised Code.
(C) The citizen completes a certificate of intent to
vote in a presidential election under section 3504.02 of the Revised
Code under penalty of election falsification.
HISTORY: 133 v S 51 (Eff 11-19-69); 134 v S 460 (Eff 3-23-72); 135 v H 662 (Eff 9-27-74); 146 v H 99. Eff 8-22-95.
§ 3504.02. Certificate of intent to vote.
Any citizen who desires to vote in a presidential election under this
chapter shall, not later than four p.m. of the thirtieth day prior to
the date of the presidential election, complete a certificate of intent
to vote for presidential and vice-presidential electors. The
certificate of intent shall be completed in duplicate on a form
prescribed by the secretary of state that may be obtained and filed
personally in the office of the board of elections of the county in
which such person last resided before removal from this state, or
mailed to such board of elections.
Immediately following the spaces on the certificate for inserting
information as requested by the secretary of state, the following
statement shall be printed: "I declare under penalty of election
falsification that the statements herein contained are true to the best
of my knowledge and belief; that I am legally qualified to vote; that I
am not registered to vote in any other state; and that I have not voted
in an election in any other state since removing myself from the state
of Ohio.
....................
signature of applicant
date
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE."
HISTORY: 134 v S 460 (Eff 3-23-72); 146 v H 99 (Eff 8-22-95); 149 v H 5. Eff 8-28-2001.
§ 3504.03. Repealed.
Repealed, 135 v H 662, § 2 [133 v S 51; 134 v S 460]. Eff 9-27-74.
§ 3504.04. List of former resident voters at polling place.
On or before election day, the director of the board of elections shall
deliver to the polling place a list of persons who have filed
certificates of intent to vote as former resident voters and who
appear, from their voting address, entitled to vote at such polling
place. Those persons whose names appear on the list of former resident
voters, and who have otherwise complied with sections 3504.01 to
3504.06 of the Revised Code, shall then be entitled to vote for
presidential and vice-presidential electors only at their polling place
on election day or by absent voter's ballots. Such voter who votes at
that voter's polling place on election day shall sign that voter's name
in the poll book or poll list followed by, "Former Resident's
Presidential Ballot." Qualified former residents shall be entitled to
cast absent voter's ballots for presidential and vice-presidential
electors.
HISTORY: 133 v S 51 (Eff 11-19-69); 135 v H 662 (Eff 9-27-74); 138 v H 1062 (Eff 3-23-81); 146 v H 99. Eff 8-22-95.
§ 3504.05. Notification of state of prior residence.
The director of the board of elections shall forward copies of all
certificates of intent received from former residents to the secretary
of state no later than the twenty-fifth day prior to the day of the
election in which such former resident desires to vote. Upon receipt of
such certificate the secretary of state shall immediately notify the
chief elections officer of the state of each applicant's prior
residence of the fact that such applicant has declared his intention to
vote for presidential and vice-presidential electors in this state.
HISTORY: 133 v S 51 (Eff 11-19-69); 134 v S 460 (Eff 3-23-72); 135 v H 662. Eff 9-27-74.
§ 3504.06. Penalty.
A person who willfully makes a false statement or affidavit under
sections 3504.01 to 3504.06 of the Revised Code is guilty of a felony
of the fourth degree.
HISTORY: 133 v S 51 (Eff 11-19-69); 139 v S 199 (Eff 1-1-83); 146 v S 2. Eff 7-1-96.
§ 3504.07. Repealed.
Repealed, 133 v S 51, § 2 [128 v 258]. Eff 11-19-69.
CHAPTER 3505
GENERAL AND SPECIAL ELECTION BALLOTS
Section
3505.01. Form of official
ballots; certification of names of candidates; supplemental
certification.
3505.02. Former names to be printed on ballot.
[3505.02.1] 3505.021.Candidates with identical names.
3505.03. Office type ballot.
3505.04. Nonpartisan ballots.
3505.05. [Repealed]
3505.06. Questions and issues ballot.
[3505.06.1] 3505.061.Ballot board.
[3505.06.2] 3505.062.Duties of ballot board.
[3505.06.3] 3505.063.Proposed constitutional amendments filed with
secretary of state; preparation, filing of arguments.
3505.07. Separate ballots permitted.
[3505.07.1] 3505.071.Responsibilities in joint county school districts.
3505.08. Ballots provided for elections; sample ballots.
3505.09. Separate ballots for each precinct.
3505.10. Presidential ballot.
3505.11. Ballots in tablets.
3505.12. Ballots and instructions.
3505.13. Contract for printing ballots.
3505.14. Proofs of ballot.
3505.15. Packaging of ballots.
Casting and Counting Ballots.
3505.16. Ballot boxes and supplies.
3505.17. Lost ballots and supplies.
3505.18. Voting procedure.
3505.19. Registered elector may be challenged.
3505.20. Challenges.
3505.21. Challengers and witnesses.
3505.22. Impersonating an elector.
3505.23. Occupancy of
voting compartment; marking and return of ballot.
3505.24. Assistance
provided to elector with disability or illiterate elector.
3505.25. Unlawful possession of ballots.
3505.26. Procedure at close of polls.
3505.27. Counting of votes.
3505.28. Ballots not counted.
3505.29. Judges not to
separate or leave until counting completed.
3505.30. Summaries of
results; transmission to board; certification to secretary of state.
3505.31. Disposition of
ballots, pollbooks, poll lists or signature pollbooks, tally sheets.
3505.32. Canvass of returns.
3505.33. Board of elections
to declare the results; tie vote; abstracts and reports.
3505.34. Canvass of abstracts of votes for state offices.
3505.35. Canvass of
abstracts by secretary of state; declaration of results.
3505.36. Canvass of abstracts of district candidates.
3505.37. Canvass of
abstracts by board of elections of county wherein major portion of a
subdivision is located.
3505.38. Certificates of election.
3505.39. Meeting of presidential electors.
3505.40. Presidential
electors required to vote for party nominees.
§ 3505.01. Form of official ballots; certification of names of candidates; supplemental certification.
On the sixtieth day before the day of the next general election, the
secretary of state shall certify to the board of elections of each
county the forms of the official ballots to be used at that general
election, together with the names of the candidates to be printed on
those ballots whose candidacy is to be submitted to the electors of the
entire state. In the case of the presidential ballot for a general
election , that certification shall be made on the fifty-fifth day
before the day of the general election. On the seventy-fifth day before
a special election to be held on the day 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 to the voters of the state constitutional amendments
proposed by the general assembly, the secretary of state shall certify
to the board of elections of each county the forms of the official
ballots to be used at that election.
The board of the most populous county in each district comprised of
more than one county but less than all of the counties of the state, in
which there are candidates whose candidacies are to be submitted to the
electors of that district, shall, on the sixtieth day before the day of
the next general election, certify to the board of each county in the
district the names of those candidates to be printed on such ballots.
The board of a county in which the major portion of a subdivision,
located in more than one county, is located shall, on the sixtieth day
before the day of the next general election, certify to the board of
each county in which other portions of that subdivision are located the
names of candidates whose candidacies are to be submitted to the
electors of that subdivision, to be printed on such ballots.
If, subsequently to the sixtieth day before, or in the case of a
presidential ballot for a general election the fifty-fifth day before,
and prior to the tenth day before the day of a general election, a
certificate is filed with the secretary of state to fill a vacancy
caused by the death of a candidate, the secretary of state shall
forthwith make a supplemental certification to the board of each county
amending and correcting the secretary of state's original certification
provided for in the first paragraph of this section. If, within that
time, such a certificate is filed with the board of the most populous
county in a district comprised of more than one county but less than
all of the counties of the state, or with the board of a county in
which the major portion of the population of a subdivision, located in
more than one county, is located, the board with which the certificate
is filed shall forthwith make a supplemental certification to the board
of each county in the district or to the board of each county in which
other portions of the subdivision are located, amending and correcting
its original certification provided for in the second and third
paragraphs of this section. If, at the time such supplemental
certification is received by a board, ballots carrying the name of the
deceased candidate have been printed, the board shall cause strips of
paper bearing the name of the candidate certified to fill the vacancy
to be printed and pasted on those ballots so as to cover the name of
the deceased candidate, except that in voting places using marking
devices, the board shall cause strips of paper bearing the revised list
of candidates for the office, after certification of a candidate to
fill the vacancy, to be printed and pasted on the ballot cards so as to
cover the names of candidates shown prior to the new certification,
before such ballots are delivered to electors.
HISTORY: GC § 4785-98; 113 v 307(352), § 98; 118 v 223; 122 v
103(123), § 8; Bureau of Code Revision, 10-1-53; 126 v 1117; 128 v
82 (Eff 9-28-59); 132 v H 934 (Eff 5-31-68); 133 v H 1 (Eff 3-18-69);
135 v H 662 (Eff 9-27-74); 140 v S 213 (Eff 10-13-83); 145 v S 150. Eff
12-29-93; 150 v H 95, § 1, eff. 9-26-03.
§ 3505.02. Former names to be printed on ballot.
Any former names which have been declared or submitted in accordance
with section 3513.06 of the Revised Code shall be printed on the ballot
in parentheses directly below the present name of such person. This
section applies to both primary and general election ballots.
HISTORY: GC § 4785-98a; 118 v 81; Bureau of Code Revision, 10-1-53; 125 v 713(751); 127 v 741. Eff 1-1-58.
[§ 3505.02.1] § 3505.021. Candidates with identical names.
In the event two or more persons with identical given names and
surnames run for the same office in a general or special election on
the same ballot, the names of the candidates shall be differentiated on
the ballot by varying combinations of first and middle names and
initials. Immediately after it becomes known that two or more persons
with the same given name and surname are to be candidates on the same
ballot for the same office, the director of the board of elections for
local, municipal, county, general, or special elections, or the
director of the board of elections of the most populous county for
district, general, or special elections, or the secretary of state for
statewide general and special elections shall notify the persons with
identical given name and surnames that the names of such persons will
be differentiated on the ballot. If one of the candidates is an
incumbent who is a candidate to succeed himself for the office he
occupies, he shall have first choice of the name by which he is
designated on the ballot. If an incumbent does not make a choice within
two days after notification or if none of the candidates is an
incumbent, the board of elections within three days after notification
shall designate the names by which the candidates are identified on the
ballot. In case of a district candidate the board of elections in the
most populous county of the district shall make the determination. In
case of statewide candidates, or in case any board of elections fails
to make a designation within three days after notification, the
secretary of state shall immediately make the determination.
"Notification" as required by this section shall be by the clerk of the
board of elections or secretary of state by special delivery mail or
telegram at the candidate's address listed in his declaration of
candidacy or petition of candidacy.
HISTORY: 130 v 825 (Eff 9-30-63); 138 v H 1062. Eff 3-23-81.
§ 3505.03. Office type ballot.
On the office type ballot shall be printed the names of all candidates
for election to offices, except judicial offices, who were nominated at
the most recent primary election as candidates of a political party or
who were nominated in accordance with section 3513.02 of the Revised
Code, and the names of all candidates for election to offices who were
nominated by nominating petitions, except candidates for judicial
offices, for member of the state board of education, for member of a
board of education, for municipal offices, and for township offices.
The face of the ballot below the stub shall be substantially in the following form:
"OFFICIAL OFFICE TYPE BALLOT
(A) To vote for a candidate record your vote
in the manner provided next to the name of such candidate.
(B) If you tear, soil, deface, or erroneously
mark this ballot, return it to the precinct election officers or, if
you cannot return it, notify the precinct election officers, and obtain
another ballot."
The order in which the offices shall be listed on the ballot shall be
prescribed by, and certified to each board of elections by, the
secretary of state; provided that for state, district, and county
offices the order from top to bottom shall be as follows: governor and
lieutenant governor, attorney general, auditor of state, secretary of
state, treasurer of state, United States senator, representative to
congress, state senator, state representative, county commissioner,
county auditor, prosecuting attorney, clerk of the court of common
pleas, sheriff, county recorder, county treasurer, county engineer, and
coroner. The offices of governor and lieutenant governor shall be
printed on the ballot in a manner that requires a voter to cast one
vote jointly for the candidates who have been nominated by the same
political party or petition.
The names of all candidates for an office shall be arranged in a group
under the title of that office, and, except for absentee ballots or
when the number of candidates for a particular office is the same as
the number of candidates to be elected for that office, shall be
rotated from one precinct to another. On absentee ballots, the names of
all candidates for an office shall be arranged in a group under the
title of that office and shall be so alternated that each name shall
appear, insofar as may be reasonably possible, substantially an equal
number of times at the beginning, at the end, and in each intermediate
place, if any, of the group in which such name belongs, unless the
number of candidates for a particular office is the same as the number
of candidates to be elected for that office.
The method of printing the ballots to meet the rotation requirement of
this section shall be as follows: the least common multiple of the
number of names in each of the several groups of candidates shall be
used, and the number of changes made in the printer's forms in printing
the ballots shall correspond with that multiple. The board of elections
shall number all precincts in regular serial sequence. In the first
precinct, the names of the candidates in each group shall be listed in
alphabetical order. In each succeeding precinct, the name in each group
that is listed first in the preceding precinct shall be listed last,
and the name of each candidate shall be moved up one place. In each
precinct using paper ballots, the printed ballots shall then be
assembled in tablets.
Under the name of each candidate nominated at a primary election and
each candidate certified by a party committee to fill a vacancy under
section 3513.31 of the Revised Code shall be printed, in less prominent
type face than that in which the candidate's name is printed, the name
of the political party by which the candidate was nominated or
certified. Under the name of each candidate appearing on the ballot who
filed a nominating petition and requested a ballot designation as a
nonparty candidate under section 3513.257 [3513.25.7] of the Revised
Code shall be printed, in less prominent type face than that in which
the candidate's name is printed, the designation of "nonparty
candidate." Under the name of each candidate appearing on the ballot
who filed a nominating petition and requested a ballot designation as
an other-party candidate under section 3513.257 [3513.25.7] of the
Revised Code shall be printed, in less prominent type face than that in
which the candidate's name is printed, the designation of "other-party
candidate." No designation shall appear under the name of a candidate
appearing on the ballot who filed a nominating petition and requested
that no ballot designation appear under the candidate's name under
section 3513.257 [3513.25.7] of the Revised Code, or who filed a
nominating petition and failed to request a ballot designation either
as a nonparty candidate or as an other-party candidate under that
section.
Except as provided in this section, no words, designations, or emblems
descriptive of a candidate or the candidate's political affiliation, or
indicative of the method by which the candidate was nominated or
certified, shall be printed under or after a candidate's name that is
printed on the ballot.
HISTORY: GC § 4785-99; 113 v 307(352), § 99; 119 v 748; 122 v
325(342); 124 v 673(690); Bureau of Code Revision, 10-1-53; 125 v
713(751); 126 v 655(692); 128 v 1019 (Eff 11-2-59); 133 v S 17 (Eff
10-30-69); 136 v H 1165 (Eff 4-5-76); 136 v S 457 (Eff 4-14-76); 137 v
S 115 (Eff 3-10-78); 141 v H 555 (Eff 2-26-86); 146 v H 99 (Eff
8-22-95); 149 v H 445. Eff 12-23-2002.
§ 3505.04. Nonpartisan ballots.
On the nonpartisan ballot shall be printed the names of all nonpartisan
candidates for election to judicial office, office of member of the
state board of education, office of member of a board of education,
municipal or township offices for municipal corporations and townships
in which primary elections are not held for nomination of candidates by
political parties, and municipal offices of municipal corporations
having charters which provide for separate ballots for elections for
such municipal offices.
Such ballots shall have printed across the top, and below the stubs, "Official Nonpartisan Ballot."
The order in which the offices are listed on the ballot shall be
prescribed by, and certified to each board of elections by, the
secretary of state; provided that the office of member of the state
board of education shall be listed first on the ballot, then state,
district, and county judicial offices shall be listed on the ballot in
such order, followed by municipal and township offices, and by offices
of member of a board of education, in the order stated.
Within the rectangular space within which the title of each judicial
office is printed on the ballot and immediately below such title shall
be printed the date of the commencement of the term of the office, if a
full term, as follows: "Full term commencing ...... (Date)
...... ," or the date of the end of the term of the office, if an
unexpired term, as follows: "Unexpired term ending ......
(Date) ...... " The secretary of state shall prescribe the
information and directions to the voter to be printed on the ballot
within the rectangular space in which the title of office of member of
the state board of education appears.
Within the rectangular space within which the title of each office for
member of a board of education is printed on the ballot shall be
printed "For Member of Board of Education," and the number to be
elected, directions to the voter as to voting for one, two, or more,
and, if the office to be voted for is member of a board of education of
a city school district, words shall be printed in said space on the
ballot to indicate whether candidates are to be elected from
subdistricts or at large.
The names of all nonpartisan candidates for an office shall be arranged
in a group under the title of that office, and shall be rotated and
printed on the ballot as provided in section 3505.03 of the Revised
Code.
No name or designation of any political party nor any words,
designations, or emblems descriptive of a candidate or his political
affiliation, or indicative of the method by which such candidate was
nominated or certified, shall be printed under or after any nonpartisan
candidate's name which is printed on the ballot.
HISTORY: GC § 4785-101; 113 v 307(353), § 101; 122 v
325(343); 124 v 673(691); Bureau of Code Revision, 10-1-53; 125 v
713(753); 126 v 655(694) (Eff 7-12-55); 133 v S 17 (Eff 10-30-69); 136
v H 1165 (Eff 4-5-76); 136 v S 457 (Eff 4-14-76); 138 v H 1062. Eff
3-23-81.
§ 3505.05. Repealed.
Repealed, 129 v 1223(1226), § 2 [GC § 4785-101a; 124 v
673(692); Bureau of Code Revision, 10-1-53; 126 v 205]. Eff 8-10-61.
§ 3505.06. Questions and issues ballot.
(A) On the questions and issues ballot
shall be printed all questions and issues to be submitted at any one
election together with the percentage of affirmative votes necessary
for passage as required by law. Such ballots shall have printed across
the top thereof, and below the stubs, "Official Questions and Issues
Ballot."
(B)
(1)
Questions and issues shall be grouped together on the ballot from top
to bottom as provided in division (B)(1) of this section, except as
otherwise provided in division (B)(2) of this section. State questions
and issues shall always appear as the top group of questions and
issues. In calendar year 1997, the following questions and issues shall
be grouped together on the ballot, in the following order from top to
bottom, after the state questions and issues:
(a) County questions and issues;
(b) Municipal questions and issues;
(c) Township questions and issues;
(d) School or other district questions and issues.
In each succeeding calendar year after 1997, each group of questions
and issues described in division (B)(1)(a) to (d) of this section shall
be moved down one place on the ballot except that the group that was
last on the ballot during the immediately preceding calendar year shall
appear at the top of the ballot after the state questions and issues.
The rotation shall be performed only once each calendar year, beginning
with the first election held during the calendar year. The rotation of
groups of questions and issues shall be performed during each calendar
year as required by division (B)(1) of this section, even if no
questions and issues from any one or more such groups appear on the
ballot at any particular election held during that calendar year.
(2) Questions
and issues shall be grouped together on the ballot, from top to bottom,
in the following order when it is not practicable to group them
together as required by division (B)(1) of this section because of the
type of voting machines used by the board of elections: state questions
and issues, county questions and issues, municipal questions and
issues, township questions and issues, and school or other district
questions and issues. The particular order in which each of a group of
state questions or issues is placed on the ballot shall be determined
by, and certified to each board of elections by, the secretary of
state.
(3) Failure of
the board of elections to rotate questions and issues as required by
division (B)(1) of this section does not affect the validity of the
election at which the failure occurred, and is not grounds for
contesting an election under section 3515.08 of the Revised Code.
(C) The particular order in which each
of a group of county, municipal, township, or school district questions
or issues is placed on the ballot shall be determined by the board
providing the ballots.
(D) The printed matter pertaining to
each question or issue on the ballot shall be enclosed at the top and
bottom thereof by a heavy horizontal line across the width of the
ballot. Immediately below such top line shall be printed a brief title
descriptive of the question or issue below it, such as "Proposed
Constitutional Amendment," "Proposed Bond Issue," "Proposed Annexation
of Territory," "Proposed Increase in Tax Rate," or such other brief
title as will be descriptive of the question or issue to which it
pertains, together with a brief statement of the percentage of
affirmative votes necessary for passage, such as "A sixty-five per cent
affirmative vote is necessary for passage," "A majority vote is
necessary for passage," or such other brief statement as will be
descriptive of the percentage of affirmative votes required.
(E) The questions and issues ballot need
not contain the full text of the proposal to be voted upon. A condensed
text that will properly describe the question, issue, or an amendment
proposed by other than the general assembly shall be used as prepared
and certified by the secretary of state for state-wide questions or
issues or by the board for local questions or issues. If other than a
full text is used, the full text of the proposed question, issue, or
amendment together with the percentage of affirmative votes necessary
for passage as required by law shall be posted in each polling place in
some spot that is easily accessible to the voters.
(F) Each question and issue appearing on
the questions and issues ballot may be consecutively numbered. The
question or issue determined to appear at the top of the ballot may be
designated on the face thereof by the Arabic numeral "1" and all
questions and issues placed below on the ballot shall be consecutively
numbered. Such numeral shall be placed below the heavy top horizontal
line enclosing such question or issue and to the left of the brief
title thereof.
HISTORY: GC § 4785-103; 113 v 307(354), § 103; 122 v
325(344); 123 v 27; 124 v 673(693); Bureau of Code Revision, 10-1-53;
125 v 713(754) (Eff 1-1-54); 135 v H 1477 (Eff 6-29-74); 146 v S 261.
Eff 11-20-96.
[§ 3505.06.1] § 3505.061. Ballot board.
(A) The Ohio ballot board, as authorized
by Section 1 of Article XVI, Ohio Constitution, shall consist of the
secretary of state and four appointed members. No more than two of the
appointed members shall be of the same political party. One of the
members shall be appointed by the president of the senate, one shall be
appointed by the minority leader of the senate, one shall be appointed
by the speaker of the house of representatives, and one shall be
appointed by the minority leader of the house of representatives. The
appointments shall be made no later than the last Monday in January in
the year in which the appointments are to be made. If any appointment
is not so made, the secretary of state, acting in place of the person
otherwise required to make the appointment, shall appoint as many
qualified members affiliated with the appropriate political party as
are necessary.
(B)
(1) The
initial appointees to the board shall serve until the first Monday in
February, 1977. Thereafter, terms of office shall be for four years,
each term ending on the first Monday in February. The term of the
secretary of state on the board shall coincide with the secretary of
state's term of office. Except as otherwise provided in division (B)(2)
of this section, division (B)(2) of section 3505.063 [3505.06.3], and
division (B)(2) of section 3519.03 of the Revised Code, each appointed
member shall hold office from the date of appointment until the end of
the term for which the member was appointed. Except as otherwise
provided in those divisions, any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the member's
predecessor was appointed shall hold office for the remainder of that
term. Except as otherwise provided in those divisions, any member shall
continue in office subsequent to the expiration date of the member's
term until the member's successor takes office or a period of sixty
days has elapsed, whichever occurs first. Any vacancy occurring on the
board shall be filled in the manner provided for original appointments.
A member appointed to fill a vacancy shall be of the same political
party as that required of the member whom the member replaces.
(2) The term of
office of a member of the board who also is a member of the general
assembly and who was appointed to the board by the president of the
senate, the minority leader of the senate, the speaker of the house of
representatives, or the minority leader of the house of representatives
shall end on the earlier of the following dates:
(a) The ending date of the ballot board term for which the member was
appointed;
(b) The ending date of the member's term as a member of the general
assembly.
(C) Members of the board shall serve
without compensation but shall be reimbursed for expenses actually and
necessarily incurred in the performance of their duties.
(D) The secretary of state shall be the
chairperson of the board, and the secretary of state or the secretary
of state's representative shall have a vote equal to that of any other
member. The vice-chairperson shall act as chairperson in the absence or
disability of the chairperson, or during a vacancy in that office. The
board shall meet after notice of at least seven days at a time and
place determined by the chairperson. At its first meeting, the board
shall elect a vice-chairperson from among its members for a term of two
years, and it shall adopt rules for its procedures. After the first
meeting, the board shall meet at the call of the chairperson or upon
the written request of three other members. Three members constitute a
quorum. No action shall be taken without the concurrence of three
members.
(E) The secretary of state shall provide
technical, professional, and clerical employees as necessary for the
board to carry out its duties.
HISTORY: 135 v H 1477 (Eff 6-29-74); 137 v S 115 (Eff 1-8-79); 149 v H 445. Eff 12-23-2002; 150 v H 95, § 1, eff. 9-26-03.
[§ 3505.06.2] § 3505.062. Duties of ballot board.
The Ohio ballot board shall do all of the following:
(A) Prescribe the ballot language for
constitutional amendments proposed by the general assembly to be
printed on the questions and issues ballot, which language shall
properly identify the substance of the proposal to be voted upon;
(B) Prepare an explanation of each
constitutional amendment proposed by the general assembly, which
explanation may include the purpose and effects of the proposed
amendment;
(C) Certify the ballot language and
explanation, if any, to the secretary of state no later than eighty
days before the election at which the proposed question or issue is to
be submitted to the voters;
(D) Prepare, or designate a group of persons
to prepare, arguments in support of or in opposition to a
constitutional amendment proposed by a resolution of the general
assembly, a constitutional amendment or state law proposed by
initiative petition, or a state law, or section or item of state law,
subject to a referendum petition, if the persons otherwise responsible
for the preparation of those arguments fail to timely prepare and file
them;
(E) Direct the means by which the secretary of
state shall disseminate information concerning proposed constitutional
amendments to the voters;
(F) Direct the chairperson to reimburse county
boards of elections for public notice costs associated with statewide
ballot issues, to the extent that the general assembly appropriates
money for that purpose.
HISTORY: 135 v H 1477 (Eff 6-29-74); 138 v H 1062 (Eff 3-23-81); 146 v S 162 (Eff 10-29-95); 149 v H 445. Eff 12-23-2002.
[§ 3505.06.3] § 3505.063. Proposed
constitutional amendments filed with secretary of state; preparation,
filing of arguments.
(A) When the general assembly adopts a
resolution proposing a constitutional amendment, it may, by resolution,
designate a group of members who voted in support of the resolution to
prepare arguments for the proposed amendment, and a group of members
who voted in opposition to the resolution to prepare arguments against
the proposed amendment. If no members voted in opposition to the
resolution, or if the general assembly chooses not to designate a group
of members to prepare arguments for the proposed amendment or chooses
not to designate a group of members to prepare arguments against the
proposed amendment, the Ohio ballot board shall prepare or designate a
group of persons to prepare the relevant arguments. All arguments
prepared under this division shall be filed with the secretary of state
no later than seventy-five days before the date of the election. No
argument shall exceed three hundred words.
(B)
(1) If the
group of members of the general assembly or other group of persons
designated under division (A) of this section fail to prepare and file
their arguments in support of or in opposition to the proposed
amendment by the seventy-fifth day before the date of the election, the
secretary of state shall notify the Ohio ballot board that those
arguments have not been so prepared and filed. The board then shall
prepare the missing arguments or designate a group of persons to
prepare those arguments. All arguments prepared under this division
shall be filed with the secretary of state no later than seventy days
before the date of the election. No argument shall exceed three hundred
words.
(2) If the Ohio
ballot board fails to provide for the preparation of missing arguments
under division (B)(1) of this section after being notified by the
secretary of state that one or more arguments have not been timely
prepared and filed, the positions of the four appointed members of the
board shall be considered vacant, and new members shall be appointed in
the manner provided for original appointments.
(C) The secretary of state shall
disseminate information, which may include part or all of the official
explanation and arguments concerning proposed amendments, by means of
direct mail or other written publication, broadcast, or other means or
combination of means, as the Ohio ballot board may direct, in order to
inform the voters as fully as possible concerning proposed amendments.
HISTORY: 135 v H 1477 (Eff 6-29-74); 141 v H 201 (Eff 7-1-85); 149 v H 94 (Eff 9-5-2001); 149 v H 445. Eff 12-23-2002.
§ 3505.07. Separate ballots permitted.
(A) If the board of elections, by a
unanimous vote of its members, or if the secretary of state, in the
secretary of state's sole discretion, finds it impracticable to place
the names of candidates for any office of a minor political subdivision
in the county or the wording of any question or issue to be voted upon
in such minor political subdivision on the ballots under sections
3505.01 to 3505.09 of the Revised Code, then such board may, or at the
direction of the secretary of state shall, provide separate ballots for
the candidates, question, or issue.
(B) If the secretary of state, in the
secretary of state's sole discretion, determines that it is
impracticable to place the names of candidates for any office or the
wording for any question or issue to be voted upon on the ballot when
the candidates, question, issue, or wording for the question or issue
was ordered onto the ballot by a court of competent jurisdiction and
the ballots have been printed prior to the court order, the board of
elections, at the direction of the secretary of state, shall provide
separate ballots for the candidates, question, or issue.
(C) All separate ballots provided for in
this section shall conform in quality of paper, style of printing, form
of ballot, arrangement of names, and in all other ways, in so far as
practicable, with the provisions relating to the printing of the
general official ballot. Separate ballot boxes shall be provided for
each such separate kind of ballot.
HISTORY: GC § 4785-104; 113 v 307(355), § 104; Bureau of Code Revision (Eff 10-1-53); 146 v H 99. Eff 8-22-95.
[§ 3505.07.1] § 3505.071. Responsibilities in joint county school districts.
In the event that a school district extends into one or more counties,
upon the filing of any resolution or candidate's petitions in the
county containing the most populous portion of the school district,
such county board of elections shall, within ten days after such
filing, send to all other boards of elections of counties having
territory within the school district, notice of such filing. The county
containing the most populous portion of the school district shall
furnish all ballots for school questions and issues for the school
district.
In the event that a regional transit authority includes territory in
more than one county, any resolution, petition, or other action
providing for a referendum or other election concerning the transit
authority shall be filed with the board of elections of the county
containing the most populous portion of the regional transit authority,
and such board of elections shall, within ten days after such filing,
send to the boards of elections of all other counties having territory
within the regional transit authority notice of such filing and shall
furnish all ballots for such election.
HISTORY: 125 v 713(755); 126 v 205 (Eff 1-1-56); 135 v S 544. Eff 6-29-74.
§ 3505.08. Ballots provided for elections; sample ballots.
(A) Ballots shall be provided by the
board of elections for all general and special elections. The ballots
shall be printed with black ink on No. 2 white book paper fifty pounds
in weight per ream assuming such ream to consist of five hundred sheets
of such paper twenty-five by thirty-eight inches in size. Each ballot
shall have attached at the top two stubs, each of the width of the
ballot and not less than one-half inch in length, except that, if the
board of elections has an alternate method to account for the ballots
that the secretary of state has authorized, each ballot may have only
one stub that shall be the width of the ballot and not less than
one-half inch in length. In the case of ballots with two stubs, the
stubs shall be separated from the ballot and from each other by
perforated lines. The top stub shall be known as Stub B and shall have
printed on its face "Stub B." The other stub shall be known as Stub A
and shall have printed on its face "Stub A." Each stub shall also have
printed on its face "Consecutive Number ......"
Each ballot of each kind of ballot provided
for use in each precinct shall be numbered consecutively beginning with
number 1 by printing such number upon both of the stubs attached to the
ballot. On ballots bearing the names of candidates, each candidate's
name shall be printed in twelve point boldface upper case type in an
enclosed rectangular space, and an enclosed blank rectangular space
shall be provided at the left of the candidate's name. The name of the
political party of a candidate nominated at a primary election or
certified by a party committee shall be printed in ten point lightface
upper and lower case type and shall be separated by a two point blank
space. The name of each candidate shall be indented one space within
the enclosed rectangular space, and the name of the political party
shall be indented two spaces within the enclosed rectangular space.
The title of each office on the ballots shall
be printed in twelve point boldface upper and lower case type in a
separate enclosed rectangular space. A four point rule shall separate
the name of a candidate or a group of candidates for the same office
from the title of the office next appearing below on the ballot ; a two
point rule shall separate the title of the office from the names of
candidates; and a one point rule shall separate names of candidates.
Headings shall be printed in display Roman type. When the names of
several candidates are grouped together as candidates for the same
office, there shall be printed on the ballots immediately below the
title of the office and within the separate rectangular space in which
the title is printed "Vote for not more than ......," in six
point boldface upper and lower case filling the blank space with that
number which will indicate the number of persons who may be lawfully
elected to the office.
Columns on ballots shall be separated from
each other by a heavy vertical border or solid line at least one-eighth
of an inch wide, and a similar vertical border or line shall enclose
the left and right side of ballots. Ballots shall be trimmed along the
sides close to such lines.
The ballots provided for by this section shall
be comprised of four kinds of ballots designated as follows: office
type ballot; nonpartisan ballot; questions and issues ballot; and
presidential ballot.
On the back of each office type ballot shall
be printed "Official Office Type Ballot;" on the back of each
nonpartisan ballot shall be printed "Official Nonpartisan Ballot;" on
the back of each questions and issues ballot shall be printed "Official
Questions and Issues Ballot;" and on the back of each presidential
ballot shall be printed "Official Presidential Ballot." On the back of
every ballot also shall be printed the date of the election at which
the ballot is used and the facsimile signatures of the members of the
board of the county in which the ballot is used. For the purpose of
identifying the kind of ballot, the back of every ballot may be
numbered in the order the board shall determine. The numbers shall be
printed in not less than thirty-six point type above the words
"Official Office Type Ballot," "Official Nonpartisan Ballot," "Official
Questions and Issues Ballot," or "Official Presidential Ballot," as the
case may be. Ballot boxes bearing corresponding numbers shall be
furnished for each precinct in which the above - described numbered
ballots are used.
On the back of every ballot used, there shall
be a solid black line printed opposite the blank rectangular space that
is used to mark the choice of the voter. This line shall be printed
wide enough so that the mark in the blank rectangular space will not be
visible from the back side of the ballot.
Sample ballots may be printed by the board of
elections for all general elections. The ballots shall be printed on
colored paper, and "Sample Ballot" shall be plainly printed in boldface
type on the face of each ballot. In counties of less than one hundred
thousand population, the board may print not more than five hundred
sample ballots; in all other counties, it may print not more than one
thousand sample ballots. The sample ballots shall not be distributed by
a political party or a candidate, nor shall a political party or
candidate cause their title or name to be imprinted on sample ballots.
(B) Notwithstanding division (A) of this
section, in approving the form of an official ballot, the secretary of
state may authorize the use of fonts, type face settings, and ballot
formats other than those prescribed in that division.
HISTORY: GC § 4785-105; 113 v 307(355), § 105; 122 v
103(124), § 9; 124 v 673(694); Bureau of Code Revision, 10-1-53;
125 v 713(755); 126 v 205; 128 v 29 (Eff 9-14-59); 131 v 871 (Eff
11-11-65); 146 v H 99. Eff 8-22-95; 150 v H 95, § 1, eff. 9-26-03.
§ 3505.09. Separate ballots for each precinct.
In election precincts composed of a township or a part thereof, and a
municipal corporation or a part thereof, separate ballots for each
precinct shall be provided for all elections, so as to enable electors
residing in such precincts to cast their votes for the proper
candidates in such precincts. Separate ballots shall be provided for
each district portion of each precinct which shall contain the names of
the candidates for members of the board of education for whom the
electors residing in such district are entitled to vote. In the case of
overlapping school districts, the ballots shall be so printed as to
plainly identify each district for which candidates are to be chosen.
HISTORY: GC § 4785-106; 113 v 307(357), § 106; 119 v 264; Bureau of Code Revision. Eff 10-1-53.
§ 3505.10. Presidential ballot.
(A) On the presidential ballot below the
stubs at the top of the face of the ballot shall be printed "Official
Presidential Ballot" centered between the side edges of the ballot.
Below "Official Presidential Ballot" shall be printed a heavy line
centered between the side edges of the ballot. Below the line shall be
printed "Instruction to Voters" centered between the side edges of the
ballot, and below those words shall be printed the following
instructions:
(1) To vote for
the candidates for president and vice-president whose names are printed
below, record your vote in the manner provided next to the names of
such candidates. That recording of the vote will be counted as a vote
for each of the candidates for presidential elector whose names have
been certified to the secretary of state and who are members of the
same political party as the nominees for president and vice-president.
A recording of the vote for independent candidates for president and
vice-president shall be counted as a vote for the presidential electors
filed by such candidates with the secretary of state.
(2) To vote for
candidates for president and vice-president in the blank space below,
record your vote in the manner provided and write the names of your
choice for president and vice-president under the respective headings
provided for those offices. Such write-in will be counted as a vote for
the candidates' presidential electors whose names have been properly
certified to the secretary of state.
(3) If you tear,
soil, deface, or erroneously mark this ballot, return it to the
precinct election officers or, if you cannot return it, notify the
precinct election officers, and obtain another ballot."
(B) Below those instructions to the
voter shall be printed a single vertical column of enclosed rectangular
spaces equal in number to the number of presidential candidates plus
one additional space for write-in candidates. Each of those rectangular
spaces shall be enclosed by a heavy line along each of its four sides,
and such spaces shall be separated from each other by one-half inch of
open space.
In each of those enclosed rectangular spaces,
except the space provided for write-in candidates, shall be printed the
names of the candidates for president and vice-president certified to
the secretary of state or nominated in one of the following manners:
(1) Nominated by
the national convention of a political party to which delegates and
alternates were elected in this state at the next preceding primary
election. A political party certifying candidates so nominated shall
certify the names of those candidates to the secretary of state on or
before the sixtieth day before the day of the general election.
(2) Nominated by
nominating petition in accordance with section 3513.257 [3513.25.7] of
the Revised Code. Such a petition shall be filed on or before the
seventy-fifth day before the day of the general election to provide
sufficient time to verify the sufficiency and accuracy of signatures on
it.
(3) Certified to
the secretary of state for placement on the presidential ballot by
authorized officials of an intermediate or minor political party that
has held a state or national convention for the purpose of choosing
those candidates or that may, without a convention, certify those
candidates in accordance with the procedure authorized by its party
rules. The officials shall certify the names of those candidates to the
secretary of state on or before the sixtieth day before the day of the
general election. The certification shall be accompanied by a
designation of a sufficient number of presidential electors to satisfy
the requirements of law.
The names of
candidates for electors of president and vice-president shall not be
placed on the ballot, but shall be certified to the secretary of state
as required by sections 3513.11 and 3513.257 [3513.25.7] of the Revised
Code. A vote for any candidates for president and vice-president shall
be a vote for the electors of those candidates whose names have been
certified to the secretary of state.
(C) The arrangement of the printing in
each of the enclosed rectangular spaces shall be substantially as
follows: Near the top and centered within the rectangular space shall
be printed "For President" in ten-point boldface upper and lower case
type. Below "For President" shall be printed the name of the candidate
for president in twelve-point boldface upper case type. Below the name
of the candidate for president shall be printed the name of the
political party by which that candidate for president was nominated in
eight-point lightface upper and lower case type. Below the name of such
political party shall be printed "For Vice-President" in ten-point
boldface upper and lower case type. Below "For Vice-President" shall be
printed the name of the candidate for vice-president in twelve-point
boldface upper case type. Below the name of the candidate for
vice-president shall be printed the name of the political party by
which that candidate for vice-president was nominated in eight-point
lightface upper and lower case type. No political identification or
name of any political party shall be printed below the names of
presidential and vice-presidential candidates nominated by petition.
The rectangular spaces on the ballot described
in this section shall be rotated and printed as provided in section
3505.03 of the Revised Code.
HISTORY: GC § 4758-107; 113 v 307(357), § 107; 122 v
325(344); 124 v 673(695); Bureau of Code Revision, 10-1-53; 126 v 205
(Eff 1-1-56); 133 v S 19 (Eff 10-30-69); 134 v S 460 (Eff 3-23-72); 135
v H 1 (Eff 3-22-73); 136 v H 1165 (Eff 4-5-76); 136 v S 457 (Eff
4-14-76); 141 v S 185 (Eff 3-23-87); 142 v H 231 (Eff 10-5-87); 146 v H
99. Eff 8-22-95; 150 v H 95, § 1, eff. 9-26-03.
§ 3505.11. Ballots in tablets.
(A) The ballots, with the stubs
attached, shall be bound into tablets for each precinct, which tablets
shall contain at least one per cent more ballots than the total
registration in the precinct, except as otherwise provided in division
(B) of this section. Upon the covers of the tablets shall be written,
printed, or stamped the designation of the precinct for which the
ballots have been prepared. All official ballots shall be printed
uniformly upon the same kind and quality of paper and shall be of the
same shape, size, and type.
Electors who have failed to respond within
thirty days to any confirmation notice shall not be counted in
determining the number of ballots to be printed under this section.
(B)
(1) A
board of elections may choose to provide ballots on demand. If a board
so chooses, the board shall have prepared for each precinct at least
five per cent more ballots for an election than the number specified
below for that kind of election:
(a) For a primary election or a special election held on the day of a
primary election, the total number of electors in that precinct who
voted in the primary election held four years previously;
(b) For a general election or a special election held on the day of a
general election, the total number of electors in that precinct who
voted in the general election held four years previously;
(c) For a special election held at any time other than on the day of a
primary or general election, the total number of electors in that
precinct who voted in the most recent primary or general election,
whichever of those elections occurred in the precinct most recently.
(2) If, after
the board complies with the requirements of division (B)(1) of this
section, the election officials of a precinct determine that the
precinct will not have enough ballots to enable all the qualified
electors in the precinct who wish to vote at a particular election to
do so, the officials shall request that the board provide additional
ballots, and the board shall provide enough additional ballots, to that
precinct in a timely manner so that all qualified electors in that
precinct who wish to vote at that election may do so.
HISTORY: GC § 4785-111; 113 v 307(358), § 111; Bureau of Code
Revision, 10-1-53; 137 v S 125 (Eff 5-27-77); 140 v H 402 (Eff
3-19-84); 145 v S 300 (Eff 1-1-95); 148 v H 228. Eff 10-29-99.
§ 3505.12. Ballots and instructions.
The board of elections shall cause to be printed in English in twelve
point type on paper or cardboard instructions as issued by the
secretary of state for the guidance of electors in marking their
ballots. Such instructions shall inform the voters as to how to prepare
the ballots for voting, how to obtain a new ballot in case of
accidentally spoiling one, and, in a smaller type, a summary of the
important sections of the penal law relating to crimes against the
elective franchise. The precinct election officials shall cause to be
posted immediately in front of or on the polling place and in each
voting shelf one or more of such cards of instructions.
HISTORY: GC § 4785-112; 113 v 307(358), § 112; Bureau of Code Revision. Eff 10-1-53.
§ 3505.13. Contract for printing ballots.
A contract for the printing of ballots involving a cost in excess of
ten thousand dollars shall not be let until after five days' notice
published once in a leading newspaper published in the county or upon
notice given by mail by the board of elections, addressed to the
responsible printing offices within the state. Except as otherwise
provided in this section, each bid for such printing must be
accompanied by a bond with at least two sureties, or a surety company,
satisfactory to the board, in a sum double the amount of the bid,
conditioned upon the faithful performance of the contract for such
printing as is awarded and for the payment as damages by such bidder to
the board of any excess of cost over the bid which it may be obliged to
pay for such work by reason of the failure of the bidder to complete
the contract. No bid unaccompanied by such bond shall be considered by
the board. The board may, however, waive the requirement that each bid
be accompanied by a bond if the cost of the contract is ten thousand
dollars or less. The contract shall be let to the lowest responsible
bidder in the state. All ballots shall be printed within the state.
HISTORY: GC § 4785-114; 113 v 307(359), § 114; Bureau of Code
Revision, 10-1-53; 127 v 741 (Eff 1-1-58); 139 v H 598 (Eff 5-13-82);
141 v H 47. Eff 9-23-85.
§ 3505.14. Proofs of ballot.
After the letting of the contract for the printing of the ballots as
provided in section 3505.13 of the Revised Code, the board of elections
shall secure from the printer printed proofs of the ballot, and shall
notify the chairman of the local executive committee of each party or
group represented on the ballot by candidates or issues, and post such
proofs in a public place in the office of the board for a period of at
least twenty-four hours for inspection and correction of any errors
appearing thereon. The board shall cause such proofs to be read with
care and after correcting any errors shall return the corrected copy to
the printer.
HISTORY: GC § 4785-115; 113 v 307(359), § 115; Bureau of Code Revision. Eff 10-1-53.
§ 3505.15. Packaging of ballots.
The board of elections shall make adequate provision for the inspection
of the printing of the ballots. The person to whom the contract for
printing the ballots is let shall seal them securely in packages, one
package for each precinct in the county or civil division in which the
election is to be held, place a paper cover over them, and indicate on
such cover the number of ballots contained therein with a space to
indicate the precinct, and deliver them to the board at such time and
place as the board directs. The board, upon receiving such package,
shall give a receipt for the ballots indicating the number of ballots
in each package and the number of the precinct in each case.
HISTORY: GC § 4785-116; 113 v 307(359), § 116; Bureau of Code Revision. Eff 10-1-53.
——————————
CASTING AND COUNTING BALLOTS
§ 3505.16. Ballot boxes and supplies.
Before the opening of the polls, the package of supplies and the ballot
boxes shall be opened in the presence of the precinct officials. The
ballot boxes, the package of ballots, registration forms, and other
supplies shall at all times be in full sight of the challenger or
witnesses, and no ballot box or unused ballots during the balloting or
counting shall be removed or screened from their full sight until the
counting has been closed and the final returns completed and the
certificate signed by the judges and clerks.
HISTORY: GC § 4785-121; 113 v 307(363), § 121; Bureau of Code Revision. Eff 10-1-53.
§ 3505.17. Lost ballots and supplies.
If by accident or casualty the ballots or other required papers, lists,
or supplies are lost or destroyed, or in case none are delivered at the
polling place, or if during the time the polls are open additional
ballots or supplies are required, the board of elections, upon
requisition by telephone or in writing and signed by a majority of the
election judges of the precinct stating why such additional supplies
are needed, shall supply them as speedily as possible.
HISTORY: GC § 4785-122; 113 v 307(363), § 122; Bureau of Code Revision. Eff 10-1-53.
§ 3505.18. Voting procedure.
When an elector appears in a polling place to vote he shall announce
his full name and address to the precinct election officials. He shall
then write his name and address at the proper place in the poll lists
or signature pollbooks provided therefor, except that if, for any
reason, an elector shall be unable to write his name and address in the
poll list or signature pollbook, the elector may make his mark at the
place intended for his name and a precinct official shall write the
name of the elector at the proper place on the poll list or signature
pollbook following the elector's mark, upon the presentation of proper
identification. The making of such mark shall be attested by the
precinct official who shall evidence the same by signing his name on
the poll list or signature pollbook as a witness to such mark.
The elector's signature in the poll lists or signature pollbooks shall
then be compared with his signature on his registration form or a
digitized signature list as provided for in section 3503.13 of the
Revised Code, and if, in the opinion of a majority of the precinct
election officials, the signatures are the signatures of the same
person, the clerks shall enter the date of the election on the
registration form or shall record the date by such other means as may
be prescribed by the secretary of state. If the right of the elector to
vote is not then challenged, or, if being challenged, he establishes
his right to vote, he shall be allowed to proceed into the voting
machine. If voting machines are not being used in that precinct, the
judge in charge of ballots shall then detach the next ballots to be
issued to the elector from Stub B attached to each ballot, leaving Stub
A attached to each ballot, hand the ballots to the elector, and call
his name and the stub number on each of the ballots. The clerk shall
enter the stub numbers opposite the signature of the elector in the
pollbook. The elector shall then retire to one of the voting
compartments to mark his ballots. No mark shall be made on any ballot
which would in any way enable any person to identify the person who
voted the ballot.
HISTORY: GC § 4785-127; 113 v 307(365), § 127; 114 v
679(695); 116 v 68; 119 v 602; 122 v 325(348); 123 v 473; Bureau of
Code Revision, 10-1-53; 125 v 713(756) (Eff 1-1-54); 137 v S 125 (Eff
5-27-77); 138 v H 1062 (Eff 3-23-81); 144 v H 182. Eff 4-9-93.
§ 3505.19. Registered elector may be challenged.
Any person registered as an elector may be challenged by any qualified
elector as to his right to vote at any election. Such qualified elector
may, at any time during the year, either by appearing in person at the
office of the board of elections, or by letter addressed to the board,
challenge the right of such registered elector to vote. Any such
challenge must state the ground upon which the challenge is made, and
must be signed by the challenger giving his address and voting
precinct. If, after public hearing, of which both the challenger and
challenged shall be notified, the board is satisfied that the challenge
is well taken, the director shall so indicate on the registration cards
and he shall so notify in writing the judges and clerks of the
precinct. If such challenged person offers to vote at such election he
shall be examined as in the case of an original challenge. If such
person establishes, to the satisfaction of the judges and clerks, that
his disabilities have been removed and that he has a right to vote, he
shall be permitted to vote.
HISTORY: GC § 4785-128; 113 v 307(365), § 128; Bureau of Code Revision, 10-1-53; 138 v H 1062. Eff 3-23-81.
§ 3505.20. Challenges.
Any person offering to vote may be challenged at the polling place by
any challenger, any elector then lawfully in the polling place, or by
any judge or clerk of elections. 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 presiding judge 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 presiding judge shall tender the person the
following oath: "You do swear or affirm that you will fully and truly
answer all of the following questions put to you, touching your place
of residence and your qualifications as an elector at this election."
(A) If the person is challenged as unqualified
on the ground that the person is not a citizen, the judges 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?
If the person
offering to vote claims to be a naturalized citizen of the United
States, the person shall, before the vote is received, either produce
for inspection of the judges a certificate of naturalization and
declare under oath that the person is the identical person named
therein, or state under oath when and where the person was naturalized,
that the person has had a certificate of the person's naturalization,
and that it is lost, destroyed, or beyond the person's power to produce
to the judges. 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.
(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 judges 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? Name two persons who know of
your place of residence.
(2) Have you
been absent from this state within the thirty days immediately
preceding this election? If yes, then the following questions:
(a) Have you continuously resided outside this state for a period of
four years or more?
(b) Did you, while absent, look upon and regard this state as your
home?
(c) Did you, while absent, vote in any other state?
(C) If the person is challenged as unqualified
on the ground that the person is not a resident of the county or
precinct where he offers to vote, the judges shall put the following
questions:
(1) Do you now reside in this county?
(2) Do you now reside in 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?
(D) If the person is challenged as unqualified
on the ground that the person is not of legal voting age, the judges
shall put the following question:
Are you eighteen years of age or more to the best of your knowledge and belief?
The presiding judge shall put such other
questions to the person challenged under respective heads designated by
this section, as are necessary to test 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, refuses to sign the person's name
or make the person's mark, or if for any other reason a majority of the
judges believes the person is not entitled to vote, the judges shall
refuse the person a ballot. If a person is disqualified under division
(C) of this section because the person does not now reside in the
county or precinct, the presiding judge shall inform the person of the
person's right to vote in the person's proper county or precinct of
residence and instruct the person to contact the appropriate board of
elections for information concerning the location of the person's
voting precinct.
A qualified citizen who has certified the
citizen's intention to vote for president and vice-president as
provided by Chapter 3504. of the Revised Code shall be eligible to
receive only the ballot containing presidential and vice-presidential
candidates.
The decision of said judges shall be final as
to the right of the person challenged to vote at such election.
However, prior to the day of 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.
HISTORY: GC § 4785-129; 113 v 307(366), § 129; 118 v 223; 123
v 380(398); Bureau of Code Revision, 10-1-53; 125 v 713(757) (Eff
1-1-54); 134 v S 460 (Eff 3-23-72); 135 v H 662 (Eff 9-27-74); 136 v S
32 (Eff 9-5-75); 137 v S 125 (Eff 5-27-77); 142 v H 708 (Eff 4-19-88);
145 v S 300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95.
§ 3505.21. Challengers and witnesses.
At any primary, special, or general election, any political party
supporting candidates to be voted upon at such election and any group
of five or more candidates may appoint to any of the polling places in
the county or city one person, a qualified elector, who shall serve as
challenger for such party or such candidates during the casting of the
ballots, and one person, a qualified elector, who shall serve as
witness during the counting of the ballots; provided that one such
person may be appointed to serve as both challenger and witness. No
candidate, no uniformed peace officer as defined by section 2935.01 of
the Revised Code, no uniformed state highway patrol trooper, no
uniformed member of any fire department, no uniformed member of the
armed services, no uniformed member of the organized militia, no person
wearing any other uniform and no person carrying a firearm or other
deadly weapon shall serve as a witness or challenger nor shall any
candidate be represented by more than one challenger and one witness at
any one polling place except that a candidate who is a member of a
party controlling committee, as defined in section 3517.03 of the
Revised Code, may serve as a witness or challenger. Any political party
or group of candidates appointing witnesses or challengers shall notify
the board of elections of the names and addresses of its appointees and
the polling places at which they shall serve. Notification shall take
place not less than eleven days before the election on forms prescribed
by the secretary of state and may be amended by filing an amendment
with the board of elections at any time until four p.m. of the day
before the election. The challenger and witness serving on behalf of a
political party shall be appointed in writing by the chairman and
secretary of the respective controlling party committees. Challengers
and witnesses serving for any five or more candidates shall have their
certificates signed by such candidates. Challengers and witnesses so
appointed may file their certificates of appointment with the presiding
judge of the precinct at the meeting on the evening prior to the
election, or with the presiding judge of the precinct on the day of the
election. Witnesses shall not be admitted to the booths before the
closing of the polls except for the purpose of filing their
certificates. Upon the filing of a certificate the person named as
challenger therein shall be permitted to be in and about the polling
place during the casting of the ballots and shall be permitted to watch
every proceeding of the judges and clerks of elections from the time of
the opening until the closing of the polls. Any such witnesses so
appointed may inspect the counting of the ballots in the precinct from
the time of the closing of the polls until the counting is completed
and the final returns are certified and signed. The judges of elections
shall protect such challengers and witnesses in all of the rights and
privileges granted to them by Title XXXV [35] of the Revised Code.
No persons other than the judges and clerks of elections, the
witnesses, a police officer, other persons who are detailed to any
precinct on request of the board of elections, or the secretary of
state or his legal representative shall be admitted to the polling
place after the closing of the polls until the counting, certifying,
and signing of the final returns of each election have been completed.
Not later than eleven days prior to an election at which questions are
to be submitted to a vote of the people, any committee which in good
faith advocates or opposes a measure may file a petition with the board
of any county asking that such petitioners be recognized as the
committee entitled to appoint witnesses to the count at such election.
If more than one committee alleging themselves to advocate or oppose
the same measure file such petitions, the board shall decide and
announce by registered mail to each committee not less than three days
immediately preceding the election which committee is entitled to
appoint such witnesses. Such decision shall not be final, but any
aggrieved party may institute mandamus proceedings in the court of
common pleas of the county wherein such board has jurisdiction to
compel the judges of elections to accept the appointees of such
aggrieved party. Any such recognized committee may appoint a challenger
and a witness to the count in each precinct. Committees appointing
witnesses or challengers shall notify the board of elections of the
names and addresses of its appointees and the polling places at which
they shall serve. Notification shall take place not less than eleven
days before the election on forms prescribed by the secretary of state
and may be amended by filing an amendment with the board of elections
at any time until four p.m. on the day before the election. A person so
appointed shall file his certificate of appointment with the presiding
judge in the precinct in which he has been appointed to serve.
Witnesses shall file their certificates before the polls are closed. In
no case shall more than six such challengers and six witnesses be
appointed for any one election in any one precinct. If more than three
questions are to be voted on, the committees which have appointed
challengers and witnesses may agree upon not to exceed six challengers
and six witnesses, and the judges of elections shall appoint such
challengers and witnesses. If such committees fail to agree, the judges
of elections shall appoint six challengers and six witnesses from the
appointees so certified, in such manner that each side of the several
questions shall be represented.
No person shall serve as a witness or challenger at any polling place
unless the board of elections of the county in which such witness or
challenger is to serve has first been notified of the name, address,
and polling place at which such witness or challenger is to serve.
Notification to the board of elections shall be given by the political
party, group of candidates, or committee appointing such witness or
challenger as prescribed in this section. No such challengers and
witnesses shall receive any compensation from the county, municipal
corporation, or township, and they shall take the following oath, to be
administered by one of the judges of elections:
"You do solemnly swear that you will faithfully and impartially
discharge the duties as an official challenger and witness, assigned by
law; that you will not cause any delay to persons offering to vote,
further than is necessary to procure satisfactory information of their
qualification as electors; and that you will not disclose or
communicate to any person how any elector has voted at such election."
HISTORY: GC § 4785-120; 113 v 307(361), § 120; Bureau of Code
Revision, 10-1-53; 133 v H 346 (Eff 11-25-69); 134 v H 336 (Eff
10-20-72); 144 v S 144. Eff 8-8-91.
§ 3505.22. Impersonating an elector.
If any precinct officer, challenger, or other elector has reason to
believe that a person is impersonating an elector, then such person,
before he is given a ballot, shall be questioned as to his right to
vote, and shall be required to sign his name or make his mark in ink on
a card to be provided therefor. If, in the opinion of a majority of the
precinct officers, the signature is not that of the person who signed
such name in the registration forms, then such person may be refused a
ballot. Such person may appeal to the board of elections and if the
board finds that he is eligible to vote, an order instructing the
precinct officer to permit him to vote shall be given to such person.
Such order shall be recognized by such precinct officers when presented
and signed and such person shall be permitted to vote.
HISTORY: GC § 4785-130; 113 v 307(367), § 130; 123 v 380(398); Bureau of Code Revision. Eff 10-1-53.
§ 3505.23. Occupancy of voting compartment; marking and return of ballot.
No voter shall be allowed to occupy a voting compartment or use a
voting machine more than five minutes when all the voting compartments
or machines are in use and voters are waiting to occupy them. Except as
otherwise provided by section 3505.24 of the Revised Code, no voter
shall occupy a voting compartment or machine with another person or
speak to anyone, nor shall anyone speak to the voter, while the voter
is in a voting compartment or machine.
In precincts that do not use voting machines the following procedure shall be followed:
If a voter tears, soils, defaces, or erroneously marks a ballot the
voter may return it to the precinct election officials and a second
ballot shall be issued to the voter. Before returning a torn, soiled,
defaced, or erroneously marked ballot, the voter shall fold it so as to
conceal any marks the voter made upon it, but the voter shall not
remove Stub A therefrom. If the voter tears, soils, defaces, or
erroneously marks such second ballot, the voter may return it to the
precinct election officials, and a third ballot shall be issued to the
voter. In no case shall more than three ballots be issued to a voter.
Upon receiving a returned torn, soiled, defaced, or erroneously marked
ballot the precinct election officials shall detach Stub A therefrom,
write "Defaced" on the back of such ballot, and place the stub and the
ballot in the separate containers provided therefor.
No elector shall leave the polling place until the elector returns to
the precinct election officials every ballot issued to the elector with
Stub A on each ballot attached thereto, regardless of whether the
elector has or has not placed any marks upon the ballot.
Before leaving the voting compartment, the voter shall fold each ballot
marked by the voter so that no part of the face of the ballot is
visible, and so that the printing thereon indicating the kind of ballot
it is and the facsimile signature of the members of the board of
elections are visible. The voter shall then leave the voting
compartment, deliver the voter's ballots, and state the voter's name to
the judge having charge of the ballot boxes, who shall announce the
name, detach Stub A from each ballot, and announce the number on the
stubs. The clerks in charge of the poll lists or poll books shall check
to ascertain whether the number so announced is the number on Stub B of
the ballots issued to such voter, and if no discrepancy appears to
exist, the judge in charge of the ballot boxes shall, in the presence
of the voter, deposit each such ballot in the proper ballot box and
shall place Stub A from each ballot in the container provided therefor.
The voter shall then immediately leave the polling place.
No ballot delivered by a voter to the judge in charge of the ballot
boxes with Stub A detached therefrom, and only ballots provided in
accordance with Title XXXV [35] of the Revised Code, shall be voted or
deposited in the ballot boxes.
In marking a presidential ballot, the voter shall record the vote in
the manner provided on the ballot next to the names of the candidates
for the offices of president and vice-president. Such ballot shall be
considered and counted as a vote for each of the candidates for
election as presidential elector whose names were certified to the
secretary of state by the political party of such nominees for
president and vice-president.
In marking an office type ballot or a nonpartisan ballot, the voter
shall record the vote in the manner provided on the ballot next to the
name of each candidate for whom the voter desires to vote.
In marking a primary election ballot, the voter shall record the vote
in the manner provided on the ballot next to the name of each candidate
for whom the voter desires to vote. If the voter desires to vote for
the nomination of a person whose name is not printed on the primary
election ballot, the voter may do so by writing such person's name on
the ballot in the proper place provided for such purpose.
In marking a questions and issues ballot, the voter shall record the
vote in the manner provided on the ballot at the left or at the right
of "YES" or "NO" or other words of similar import which are printed on
the ballot to enable the voter to indicate how the voter votes in
connection with each question or issue upon which the voter desires to
vote.
In marking any ballot on which a blank space has been provided wherein
an elector may write in the name of a person for whom he desires to
vote, the elector shall write such person's name in such blank space
and on no other place on the ballot. Unless specific provision is made
by statute, no blank space shall be provided on a ballot for write-in
votes, and any names written on a ballot other than in a blank space
provided therefor shall not be counted or recorded.
HISTORY: GC § 4785-131; 113 v 307(367), § 131; 116 v 68; 122
v 103(125), § 10; 123 v 473; 124 v 673; Bureau of Code Revision,
10-1-53; 125 v 713(758); 126 v 205(216) (Eff 1-1-56); 146 v H 99. Eff
8-22-95.
§ 3505.24. Assistance provided to elector with disability or illiterate elector.
Any elector who declares to the presiding judge of elections that the
elector is unable to mark the elector's ballot by reason of blindness,
disability, or illiteracy may be accompanied in the voting booth and
aided by 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 any. The elector also may request and receive
assistance in the marking of the elector's ballot from two election
officials of different political parties. Any person providing
assistance in the marking of an elector's ballot under this section
shall thereafter provide no information in regard to the marking of
that ballot.
Any judge may require a declaration of inability to be made by the
elector under oath before the judge. Assistance shall not be rendered
for causes other than those specified in this section, and no candidate
whose name appears on the ballot shall assist any person in marking
that person's ballot.
HISTORY: GC § 4785-132; 113 v 307(369), § 132; Bureau of Code
Revision, 10-1-53; 131 v 873 (Eff 10-13-65); 138 v H 1062 (Eff
3-23-81); 149 v H 5. Eff 8-28-2001.
§ 3505.25. Unlawful possession of ballots.
No judge or clerk of elections, challenger, or police officer admitted
into the polling rooms at the election, at any time while the polls are
open, shall have in his possession, distribute, or give out any ballot
or ticket to any person on any pretense during the receiving, counting,
or certifying of the votes, or have any ballot or ticket in his
possession or control, except in the proper discharge of his duty in
receiving, counting, or canvassing the votes. This section does not
prevent the lawful exercise by a judge or clerk of elections, witness,
or challenger of his individual right to vote at such election.
HISTORY: GC § 4785-133; 113 v 307(369), § 133; Bureau of Code Revision. Eff 10-1-53.
§ 3505.26. Procedure at close of polls.
At the time for closing the polls, the presiding judge shall by proclamation announce that the polls are closed.
The judges and clerks shall then in the presence of witnesses proceed as follows:
(A) Count the number of electors who voted, as shown on the pollbooks.
(B) Count the unused ballots without removing stubs.
(C) Count the soiled and defaced ballots.
(D) Insert the totals of (A), (B), and (C) on the report forms provided therefor in the pollbook.
(E) Count the voted ballots. If the number of
voted ballots exceeds the number of voters whose names appear upon the
pollbooks, the presiding judge shall enter on the pollbooks an
explanation of such discrepancy, and such explanation, if agreed to,
shall be subscribed to by all of the judges and clerks. Any judge or
clerk having a different explanation shall enter it in the pollbooks
and subscribe to it.
(F) Put the unused ballots with stubs
attached, and soiled and defaced ballots with stubs attached, in the
envelopes or containers provided therefor, certify the number, and then
proceed to count and tally the votes in the manner prescribed by
section 3505.27 of the Revised Code and certify the result of the
election to the board of elections.
HISTORY: GC § 4785-142; 113 v 307(374), § 142; Bureau of Code
Revision, 10-1-53; 125 v 713(760) (Eff 1-1-54); 138 v H 1062 (Eff
3-23-81); 146 v H 99. Eff 8-22-95.
§ 3505.27. Counting of votes.
Unless otherwise ordered by the secretary of state or the board of
elections, the counting and tallying of ballots shall be conducted
according to procedures prescribed by the board of elections that
assure an accurate count of all votes cast and that include all of the
following:
(A) The counting and tallying of ballots at the
appropriate office, as designated by the board, in the full view of
members of the board and witnesses;
(B) The recording on a worksheet or other
appropriate document of the number of votes cast for each candidate and
the number of votes cast for and against each question or issue;
(C) The periodic reporting to the public and the
office of the secretary of state of the number of votes cast for each
candidate and the number of votes cast for and against each question or
issue as tallied at the time of the report;
(D) An examination and verification by the
appropriate authority, as designated by the board, of the votes so
tallied and recorded in the pollbook under section 3505.26 of the
Revised Code.
The board shall prescribe additional procedures as
necessary to assure an accurate count of all votes cast. These
procedures shall be followed until all of the ballots that are required
to be counted on the day of the election after the close of the polls
have been counted.
All work sheets that are prepared at the polling
locations shall be preserved and placed inside the pollbook and
returned to the board.
If there is any disagreement as to how a ballot
should be counted it shall be submitted to the members of the board for
a decision on whether or to what extent the ballot should be counted.
If three of the members do not agree as to how any part of the ballot
shall be counted, only that part of such ballot on which three of the
members do agree shall be counted. A notation shall be made upon the
ballot indicating what part has not been counted, and the ballot shall
be placed in an envelope marked "Disputed Ballots."
HISTORY: GC § 4785-143; 113 v 307(374), § 143; 118 v
223(236); 124 v 673(698); Bureau of Code Revision, 10-1-53; 125 v
713(760) (Eff 1-1-54); 146 v H 99. Eff 8-22-95.
§ 3505.28. Ballots not counted.
No ballot shall be counted which is marked contrary to law, except that
no ballot shall be rejected for any technical error unless it is
impossible to determine the voter's choice. If two or more ballots are
found folded together among the ballots removed from a ballot box, they
shall be deemed to be fraudulent. Such ballots shall not be counted.
They shall be marked "Fraudulent" and shall be placed in an envelope
indorsed "Not Counted" with the reasons therefor, and such envelope
shall be delivered to the board of elections together with other
uncounted ballots.
No ballot shall be rejected because of being marked with ink or by any
writing instrument other than one of the pencils provided by the board
of elections.
HISTORY: GC § 4785-144; 113 v 307(374), § 144; 122 v
325(353); 123 v 380(400); Bureau of Code Revision, 10-1-53; 136 v H
442. Eff 5-13-76.
§ 3505.29. Judges not to separate or leave until counting completed.
From the time the ballot box is opened and the count of ballots begun
until the ballots are counted and certificates of votes cast are made
out, signed, certified and given to the presiding judge for delivery to
the headquarters of the board of elections, the judges in each precinct
shall not separate, nor shall a judge leave the polling place except
from unavoidable necessity. In cases of illness or unavoidable
necessity the board may substitute another qualified person for any
precinct official so incapacitated.
HISTORY: GC § 4785-145; 113 v 307(375), § 145; Bureau of Code Revision (Eff 10-1-53); 146 v H 99. Eff 8-22-95.
§ 3505.30. Summaries of results; transmission to board; certification to secretary of state.
When the results of the ballots have been ascertained, such results
shall be embodied in a summary statement to be prepared by the judges
in duplicate, on forms provided by the board of elections. One copy
shall be certified by the judges and posted on the front of the polling
place, and one copy, similarly certified, shall be transmitted without
delay to the board in a sealed envelope along with the other returns of
the election. The board shall, immediately upon receipt of such summary
statements, compile and prepare an unofficial count and upon its
completion shall transmit prepaid, immediately by telephone, facsimile
machine, or other telecommunications device, the results of such
unofficial count to the secretary of state, or to the board of the most
populous county of the district which is authorized to canvass the
returns. Such count, in no event, shall be made later than twelve noon
on the day following the election. The board shall also, at the same
time, certify the results thereof to the secretary of state by
certified mail. The board shall remain in session from the time of the
opening of the polls, continuously, until the results of the election
are received from every precinct in the county and such results are
communicated to the secretary of state.
HISTORY: GC § 4785-146; 113 v 307(376), § 146; 114 v
679(697); Bureau of Code Revision (Eff 10-1-53); 146 v H 99. Eff
8-22-95.
§ 3505.31. Disposition of ballots, pollbooks, poll lists or signature pollbooks, tally sheets.
When the results of the voting in a polling place on the day of an
election have been determined and entered upon the proper forms and the
certifications of those results have been signed by the precinct
officials, those officials, before leaving the polling place, shall
place all ballots that they have counted in containers provided for
that purpose by the board of elections, and shall seal each container
in a manner that it cannot be opened without breaking the seal or the
material of which the container is made. They shall also seal the
pollbook, poll list or signature pollbook, and tally sheet in a manner
that the data contained in these items cannot be seen without breaking
the seals. On the outside of these items shall be a plain indication
that they are to be filed with the board. The presiding judge shall
then deliver to the board the containers of ballots and the sealed
pollbook, poll list, and tally sheet, together with all other election
reports, materials, and supplies required to be delivered to the board.
The board shall carefully preserve all ballots prepared and provided by
it for use in an election, whether used or unused, for sixty days after
the day of the election, except that, if an election includes the
nomination or election of candidates for any of the offices of
president, vice-president, presidential elector, member of the senate
of the congress of the United States, or member of the house of
representatives of the congress of the United States, the board shall
carefully preserve all ballots prepared and provided by it for use in
that election, whether used or unused, for twenty-two months after the
day of the election. If an election is held within that sixty-day
period, the board shall have authority to transfer those ballots to
other containers to preserve them until the sixty-day period has
expired. After that sixty-day period, the ballots shall be disposed of
by the board in a manner that the board orders, or where voting
machines have been used the counters may be turned back to zero;
provided that the secretary of state, within that sixty-day period, may
order the board to preserve the ballots or any part of the ballots for
a longer period of time, in which event the board shall preserve those
ballots for that longer period of time.
In counties where voting machines are used, if an election is to be
held within the sixty days immediately following a primary, general, or
special election or within any period of time within which the ballots
have been ordered preserved by the secretary of state or a court of
competent jurisdiction, the board, after giving notice to all
interested parties and affording them an opportunity to have a
representative present, shall open the compartments of the machines
and, without unlocking the machines, shall recanvass the vote cast in
them as if a recount were being held. The results shall be certified by
the board, and this certification shall be filed in the board's office
and retained for the remainder of the period for which ballots must be
kept. After preparation of the certificate, the counters may be turned
back to zero, and the machines may be used for the election.
The board shall carefully preserve the pollbook, poll list or signature
pollbook, and tally sheet delivered to it from each polling place until
it has completed the official canvass of the election returns from all
precincts in which electors were entitled to vote at an election, and
has prepared and certified the abstracts of election returns, as
required by law. The board shall not break, or permit anyone to break,
the seals upon the pollbook, poll list or signature pollbook, and tally
sheet, or make, or permit any one to make, any changes or notations in
these items, while they are in its custody, except as provided by
section 3505.32 of the Revised Code.
Pollbooks and poll lists or signature pollbooks of a party primary
election delivered to the board from polling places shall be carefully
preserved by it for two years after the day of election in which they
were used, and shall then be disposed of by the board in a manner that
the board orders.
Pollbooks, poll lists or signature pollbooks, tally sheets, summary
statements, and other records and returns of an election delivered to
it from polling places shall be carefully preserved by the board for
two years after the day of the election in which they were used, and
shall then be disposed of by the board in a manner that the board
orders.
HISTORY: GC § 4785-147; 113 v 307(376), § 147; 114 v
679(698); 122 v 325(353); 123 v 473; Bureau of Code Revision, 10-1-53;
125 v 713(761); 127 v 741 (Eff 1-1-58); 129 v 1562 (Eff 8-25-61); 138 v
H 1062 (Eff 3-23-81); 141 v H 555 (Eff 2-26-86); 146 v H 99 (Eff
8-22-95); 149 v H 5. Eff 8-28-2001.
§ 3505.32. Canvass of returns.
(A) Except as otherwise provided in
division (D) of this section, not earlier than the eleventh day or
later than the fifteenth day after a general or special election or, if
a special election was held on the day of a presidential primary
election, not earlier than the twenty-first day or later than the
twenty-fifth day after the special election, the board of elections
shall begin to canvass the election returns from the precincts in which
electors were entitled to vote at that election. It shall continue the
canvass daily until it is completed and the results of the voting in
that election in each of the precincts are determined.
The board shall complete the canvass not later
than the date set by the secretary of state under division (U) of
section 3501.05 of the Revised Code. Sixty days after the date set by
the secretary of state for the completion of the canvass, the canvass
of election returns shall be deemed final, and no amendments to the
canvass may be made after that date. The secretary of state may specify
an earlier date upon which the canvass of election returns shall be
deemed final, and after which amendments to the final canvass may not
be made, if so required by federal law.
(B) The county executive committee of
each political party, each committee designated in a petition
nominating an independent or nonpartisan candidate for election at an
election, each committee designated in a petition to represent the
petitioners pursuant to which a question or issue was submitted at an
election, and any committee opposing a question or issue submitted at
an election that was permitted by section 3505.21 of the Revised Code
to have a qualified elector serve as a witness during the counting of
the ballots at each polling place at an election may designate a
qualified elector who may be present and may witness the making of the
official canvass.
(C) The board shall first open all
envelopes containing uncounted ballots and shall count and tally them.
In connection with its investigation of any
apparent or suspected error or defect in the election returns from a
polling place, the board may cause subpoenas to be issued and served
requiring the attendance before it of the election officials of that
polling place, and it may examine them under oath regarding the manner
in which the votes were cast and counted in that polling place, or the
manner in which the returns were prepared and certified, or as to any
other matters bearing upon the voting and the counting of the votes in
that polling place at that election.
Finally, the board shall open the sealed
container containing the ballots that were counted in the polling place
at the election and count those ballots, during the official canvass,
in the presence of all of the members of the board and any other
persons who are entitled to witness the official canvass.
(D) Prior to the tenth day after a
primary, general, or special election, the board may examine the
pollbooks, poll lists, and tally sheets received from each polling
place for its files and may compare the results of the voting in any
polling place with the summary statement received from the polling
place. If the board finds that any of these records or any portion of
them is missing, or that they are incomplete, not properly certified,
or ambiguous, or that the results of the voting in the polling place as
shown on the summary statement from the polling place are different
from the results of the voting in the polling place as shown by the
pollbook, poll list, or tally sheet from the polling place, or that
there is any other defect in the records, the board may make whatever
changes to the pollbook, poll list, or tally sheet it determines to be
proper in order to correct the errors or defects.
HISTORY: GC § 4785-152; 113 v 307(378), § 152; 122 v
325(355); Bureau of Code Revision, 10-1-53; 125 v 903(998); 129 v 1569
(Eff 10-12-61); 138 v H 1062 (Eff 3-23-81); 140 v S 79 (Eff 7-4-84);
145 v S 150 (Eff 12-29-93); 146 v H 99 (Eff 8-22-95); 149 v H 5. Eff
8-28-2001.
§ 3505.33. Board of elections to declare the results; tie vote; abstracts and reports.
When the board of elections has completed the canvass of the election
returns from the precincts in its county, in which electors were
entitled to vote at any general or special election, it shall determine
and declare the results of the elections determined by the electors of
such county or of a district or subdivision within such county. If more
than the number of candidates to be elected to an office received the
largest and an equal number of votes, such tie shall be resolved by lot
by the chairman of the board in the presence of a majority of the
members of the board. Such declaration shall be in writing and shall be
signed by at least a majority of the members of the board. It shall
bear the date of the day upon which it is made, and a copy thereof
shall be posted by the board in a conspicuous place in its office. The
board shall keep such copy posted for a period of at least five days.
Thereupon the board shall promptly certify abstracts of the results of
such elections within its county, in such forms as the secretary of
state prescribes. Such forms shall be designated and shall contain
abstracts as follows:
Form No.1. An abstract of the votes cast for
the office of president and vice-president of the United States.
Form No.2. An abstract of the votes cast for
the office of governor and lieutenant governor, secretary of state,
auditor of state, treasurer of state, attorney general, chief justice
of the supreme court of Ohio, judge of the supreme court of Ohio,
member of the senate of the congress of the United States, member at
large of the house of representatives of the congress of the United
States, district member of the house of representatives of the congress
of the United States, and an abstract of the votes cast upon each
question or issue submitted at such election to electors throughout the
entire state.
Form No.3. An abstract of the votes cast for
the office of member of the senate of the general assembly, and member
of the house of representatives of the general assembly.
Form No.4. A report of the votes cast for the
office of member of the state board of education, judge of the court of
appeals, judge of the court of common pleas, judge of the probate
court, county commissioner, county auditor, prosecuting attorney, clerk
of the court of common pleas, sheriff, county recorder, county
treasurer, county engineer, and coroner.
Form No.5. A report of the votes cast upon all
questions and issues other than such questions and issues which were
submitted to electors throughout the entire state.
Form No.6. A report of the votes cast for
municipal offices, township offices, and the office of member of a
board of education.
One copy of each of these forms shall be kept in the office of the
board. One copy of each of these forms shall promptly be sent to the
secretary of state, who shall place the records contained in forms
No.1, No.2, and No.3 in electronic format. One copy of Form No.2 shall
promptly be mailed to the president of the senate of the general
assembly at his office in the statehouse. The board shall also at once
upon completion of the official count send a certified copy of that
part of each of the forms which pertains to an election in which only
electors of a district comprised of more than one county but less than
all of the counties of the state voted to the board of the most
populous county in such district. It shall also at once upon completion
of the official count send a certified copy of that part of each of the
forms which pertains to an election in which only electors of a
subdivision located partly within the county voted to the board of the
county in which the major portion of the population of such subdivision
is located.
If, after certifying and sending abstracts and parts thereof, a board
finds that any such abstract or part thereof is incorrect, it shall
promptly prepare, certify, and send a corrected abstract or part
thereof to take the place of each incorrect abstract or part thereof
theretofore certified and sent.
HISTORY: GC § 4785-153; 113 v 307(378), § 153; 114 v
679(698); 118 v 223(237); 122 v 325(356); 123 v 380(401); 124 v
673(699); Bureau of Code Revision, 10-1-53; 126 v 655(695) (Eff
7-12-55); 137 v S 115 (Eff 3-10-78); 139 v H 345 (Eff 8-3-82); 142 v H
231 (Eff 10-5-87); 146 v H 99. Eff 8-22-95.
§ 3505.34. Canvass of abstracts of votes for state offices.
During the first week of the regular session of the general assembly
following a regular state election, the president of the senate, in the
presence of a majority of the members of each house of the general
assembly, shall open, announce, and canvass the abstracts of the votes
cast for the offices of governor and lieutenant governor, secretary of
state, auditor of state, treasurer of state, and attorney general, as
contained in the Form No. 2 sent to him as required by section 3505.33
of the Revised Code, and shall determine and declare the results of
such election for such offices. The joint candidates for governor and
lieutenant governor and the candidate for each other office who
received the largest number of votes shall be declared elected to such
office. If two or more candidates for election to the same office, or
two or more sets of joint candidates for governor and lieutenant
governor, receive the largest and an equal number of votes, one of
them, or one set of joint candidates for governor and lieutenant
governor, shall be declared elected to such office by a majority of the
votes of all of the members of the senate and the house of
representatives of the general assembly. If said Form No. 2 has not at
such time been received by the president of the senate from the board
of elections of any county, the secretary of state, upon request of the
president of the senate, shall furnish to him such copies of said Form
No. 2 as have not been received by him. When said canvass has been
completed and the results of the election declared, the president of
the senate shall certify to the secretary of state the names of the
persons declared elected together with the title of the office to which
each has been elected, and from such certification the secretary of
state shall issue a certificate of election to the officials declared
elected and so certified to the secretary of state. Thereupon the
governor shall forthwith issue a commission to each of the persons
elected to such offices upon the payment to the secretary of state of
the fee required by section 107.06 of the Revised Code.
HISTORY: GC § 4785-154; 113 v 307(379), § 154; 114 v
679(699); 122 v 325(357); 123 v 380(401); Bureau of Code Revision,
10-1-53; 137 v S 115. Eff 3-10-78.
§ 3505.35. Canvass of abstracts by secretary of state; declaration of results.
When the secretary of state has received from the board of elections of
every county in the state Form No.2, as provided for in section 3505.33
of the Revised Code, the secretary of state shall promptly fix the time
and place for the canvass of such abstracts, and the time fixed shall
not be later than ten days after such abstracts have been received by
the secretary of state from all counties. The secretary of state shall
notify the governor, auditor of state, attorney general, and the
chairman of the state central committee of each political party of the
time and place fixed. At such time and in the presence of such of the
persons so notified who attend, the secretary of state shall canvass
the abstracts contained in said Form No.2 and shall determine and
declare the results of all elections in which electors throughout the
entire state voted. If two or more candidates for election to the same
office, or two or more sets of joint candidates for governor and
lieutenant governor, receive the largest and an equal number of votes,
such tie shall be resolved by lot by the secretary of state. Such
declaration of results by the secretary of state shall be in writing
and shall be signed by the secretary of state. It shall bear the date
of the day upon which it is made, and a copy thereof shall be posted by
the secretary of state in a conspicuous place in his office. The
secretary of state shall keep such copy posted for a period of at least
five days.
Such declaration of results made by the secretary of state, insofar as
it pertains to the offices of governor and lieutenant governor,
secretary of state, auditor of state, treasurer of state, and attorney
general, is only for the purpose of fixing the time of the commencement
of the period of time within which applications for recounts of votes
may be filed as provided by section 3515.02 of the Revised Code.
HISTORY: GC § 4785-155; 113 v 307(379), § 155; 114 v
679(699); 122 v 325(357); 123 v 380(401); Bureau of Code Revision,
10-1-53; 137 v S 115 (Eff 3-10-78); 146 v H 99. Eff 8-22-95.
§ 3505.36. Canvass of abstracts of district candidates.
When the board of elections of the most populous county of a district
comprised of more than one county but less than all of the counties of
the state has received from the board of every county in such district
certified copies of parts of abstracts pertaining to an election in
which only the electors of such district voted, such board shall
canvass such parts of abstracts and determine and declare the results
of the elections determined by the electors of such district. If more
than the number of candidates to be elected to an office receive the
largest number and an equal number of votes, such tie shall be resolved
by lot by the chairman of such board in the presence of all of the
members of such board. Such declaration of results by such board shall
be in writing and shall be signed by at least a majority of the members
of such board. It shall bear the date of the day upon which it was
made, and a copy thereof shall be posted by the board in a conspicuous
place in its office. The board shall keep such copy posted for a period
of at least five days.
HISTORY: GC § 4785-156; 113 v 307(380), § 156; 114 v
679(700); 122 v 325(358); 124 v 673(701); Bureau of Code Revision. Eff
10-1-53.
§ 3505.37. Canvass of abstracts by board of elections of county wherein major portion of a subdivision is located.
When the board of elections of a county in which the major portion of
the population of a subdivision located in more than one county is
located receives from the boards of each county in which other portions
of such subdivision are located parts of abstracts pertaining to an
election in which only the electors of such subdivision voted, such
board shall canvass such parts of abstracts and determine and declare
the results of the elections determined by the electors of such
subdivision. If more than the number of candidates to be elected to an
office receive the largest number and an equal number of votes, such
tie shall be resolved by lot by the chairman of such board in the
presence of a majority of the members of such board. Such declaration
of results by such board shall be in writing and shall be signed by at
least a majority of the members of such board. It shall bear the date
of the day upon which it is made, and a copy thereof shall be posted by
such board in a conspicuous place in its office. The board shall keep
such copy posted for a period of at least five days.
HISTORY: GC § 4785-157; 113 v 307(380), § 157; 122 v 325(359); 124 v 673(701); Bureau of Code Revision. Eff 10-1-53.
§ 3505.38. Certificates of election.
Election officials who are required to declare the results of a special
or general election in which persons were elected to offices shall,
unless otherwise provided by law, issue to the persons declared elected
by them appropriate certificates of election in such form as is
prescribed by the secretary of state. Such certificates of election
shall be issued by such election officials after the time within which
applications may be made for recounts of votes has expired, and after
recounts of votes which have been applied for are completed.
All persons declared to be elected by the president of the senate as
provided for in section 3505.34 of the Revised Code shall be issued
certificates of election by the secretary of state as provided for in
such section and shall be issued commissions for such offices by the
governor, upon the payment of the fee required by section 107.06 of the
Revised Code, provided that the board of elections required to
determine and declare the results of the election for candidates for
election to the office of member of the house of representatives of the
congress of the United States or member of the state board of education
shall, in lieu of issuing a certificate of election, certify to the
secretary of state the names of such candidates declared elected, and
the secretary of state, from such certification, shall issue to the
persons certified to him as elected as a member of the house of
representatives of the congress of the United States or member of the
state board of education a certificate of his election, signed by the
governor, sealed with the great seal of the state, and countersigned by
the secretary of state. Certificates of election of members of the
house of representatives of the congress of the United States shall be
forwarded by registered mail to the clerk of the house of
representatives of the congress of the United States, Washington, D.C.,
and the person elected to such office shall be advised by letter from
the secretary of state that his certificate of election has been
forwarded to said clerk.
HISTORY: GC § 4785-158; 113 v 307(380), § 158; 122 v
325(359); 123 v 380(402); Bureau of Code Revision, 10-1-53; 127 v 741.
Eff 1-1-58.
§ 3505.39. Meeting of presidential electors.
The secretary of state shall immediately upon the completion of the
canvass of election returns mail to each presidential elector so
elected a certificate of his election and shall notify him to attend,
at a place in the state capitol which the secretary of state shall
select, at twelve noon on the day designated by the congress of the
United States, a meeting of the state's presidential electors for the
purpose of discharging the duties enjoined on them by the constitution
of the United States. The secretary of state, ten days prior to such
meeting, shall by letter remind each such elector of the meeting to be
held for casting the vote of the state for president and vice-president
of the United States. Each such elector shall give notice to the
secretary of state before nine a.m. of that day whether or not he will
be present at the appointed hour ready to perform his duties as a
presidential elector. If at twelve noon at the place selected by the
secretary of state presidential electors equal in number to the whole
number of senators and representatives to which the state may at the
time be entitled in the congress of the United States, are not present,
the presidential electors present shall immediately proceed, in the
presence of the governor and secretary of state, to appoint by ballot
such number of persons to serve as presidential electors so that the
number of duly elected presidential electors present at such time and
place plus the presidential electors so appointed shall be equal in
number to the whole number of senators and representatives to which the
state is at that time entitled in the congress of the United States;
provided, that each such appointment shall be made by a separate
ballot, and that all appointments to fill vacancies existing because
duly elected presidential electors are not present shall be made before
other appointments are made, and that in making each such appointment
the person appointed shall be of the same political party as the duly
elected presidential elector whose absence requires such appointment to
be made. In case of a tie vote the governor shall determine the results
by lot. The electors making such appointments shall certify forthwith
to the secretary of state the names of the persons so appointed and the
secretary of state shall immediately issue to such appointees
certificates of their appointment and notify them thereof. All of the
state's presidential electors, both those duly elected who are then
present and those appointed as herein provided, shall then meet and
organize by electing one of their number as chairman and by designating
the secretary of state as ex officio secretary and shall then and there
discharge all of the duties enjoined upon presidential electors by the
constitution and laws of the United States. Each presidential elector
shall receive ten dollars for each day's attendance in Columbus as such
and mileage at the rate of ten cents per mile for the estimated
distance by the usual route from his place of residence to Columbus.
Such compensation and mileage shall be upon vouchers issued by the
secretary of state, and shall be paid by the treasurer of state out of
the general fund.
HISTORY: GC § 4785-160; 113 v 307(382), § 160; Bureau of Code Revision, 10-1-53; 127 v 863. Eff 9-16-57.
§ 3505.40. Presidential electors required to vote for party nominees.
A presidential elector elected at a general election or appointed
pursuant to section 3505.39 of the Revised Code shall, when discharging
the duties enjoined upon him by the constitution or laws of the United
States, cast his electoral vote for the nominees for president and
vice-president of the political party which certified him to the
secretary of state as a presidential elector pursuant to law.
HISTORY: 133 v H 500. Eff 11-14-69.
CHAPTER
VOTING AND TABULATING EQUIPMENT
Section
3506.01. Definitions.
3506.02. Adoption of voting
machines, marking devices and automatic tabulating equipment.
3506.03. Methods of acquisition of equipment.
3506.04. Acquisition of
limited amount of equipment; maintenance; experimental use.
3506.05. Certification of
equipment and support arrangements; board of voting machine examiners;
guidelines.
3506.06. Approval or certification of marking device.
3506.07. Availability and setting of equipment.
3506.08. Ballot cards.
3506.09. Electronic data processing cards.
3506.10. Requirements for
approval or certification of voting machines; guarantee, bond.
3506.11. Arrangement of candidates' names on voting machine.
3506.12. Combining,
rearranging and enlarging of precincts; counting stations.
3506.13. Challengers and witnesses.
3506.14. Testing of
computer programs, voting machines and tabulating equipment.
3506.15. Secretary of state
to provide rules, instructions, directives, advisories; county board to
instruct voters and election officials.
3506.16. Chads, ballots voted backwards.
3506.17. [Repealed]
3506.18. Voter verified paper audit trail used for recount.
3506.19. Voting machine or
marking device accessible for individuals with disabilities.
3506.20.
§ 3506.01. Definitions.
As used in this chapter and Chapters 3501., 3503., 3505., 3509., 3511.,
3513., 3515., 3517., 3519., 3521., 3523., and 3599. of the Revised
Code:
(A) "Marking device" means an apparatus
operated by a voter to record the voter's choices through the piercing
or marking of ballots enabling them to be examined and counted by
automatic tabulating equipment.
(B) "Ballot" means the official election
presentation of offices and candidates, including write-in candidates,
and of questions and issues, and the means by which votes are recorded.
(C) "Automatic tabulating equipment" means a
machine or interconnected or interrelated machines that will
automatically examine and count votes recorded on ballots.
(D) "Central counting station" means a
location, or one of a number of locations, designated by the board of
elections for the automatic examining, sorting, or counting of ballots.
(E) "Voting machines" means mechanical or
electronic equipment for the direct recording and tabulation of votes.
(F) "Direct recording electronic voting
machine" means a voting machine that records votes by means of a ballot
display provided with mechanical or electro-optical components that can
be actuated by the voter, that processes the data by means of a
computer program, and that records voting data and ballot images in
internal or external memory components. A "direct recording electronic
voting machine" produces a tabulation of the voting data stored in a
removable memory component and in printed copy.
(G) "Help America Vote Act of 2002" means the
"Help America Vote Act of 2002," Public Law 107-252, 116 Stat. 1666.
(H) "Voter verified paper audit trail" means a
physical paper printout on which the voter's ballot choices, as
registered by a direct recording electronic voting machine, are
recorded. The voter shall be permitted to visually or audibly inspect
the contents of the physical paper printout. The physical paper
printout shall be securely retained at the polling place until the
close of the polls on the day of the election; the secretary of state
shall adopt rules under Chapter 119. of the Revised Code specifying the
manner of storing the physical paper printout at the polling place.
After the physical paper printout is produced, but before the voter's
ballot is recorded, the voter shall have an opportunity to accept or
reject the contents of the printout as matching the voter's ballot
choices. If a voter rejects the contents of the physical paper
printout, the system that produces the voter verified paper audit trail
shall invalidate the printout and permit the voter to recast the
voter's ballot. On and after the first federal election that occurs
after January 1, 2006, unless required sooner by the Help America Vote
Act of 2002, any system that produces a voter verified paper audit
trail shall be accessible to disabled voters, including visually
impaired voters, in the same manner as the direct recording electronic
voting machine that produces it.
HISTORY: 128 v 83 (Eff 9-28-59); 129 v 1653 (Eff 6-29-61); 135 v S 291
(Eff 11-21-73); 145 v H 143. Eff 7-22-94; 150 v H 262, § 1, eff.
5-7-04.
§ 3506.02. Adoption of voting machines, marking devices and automatic tabulating equipment.
Voting machines, marking devices, and automatic tabulating equipment
may be adopted for use in elections in any county in the following
manner:
(A) By the board of elections;
(B) By the board of county commissioners of
such county on the recommendation of the board of elections;
(C) By the affirmative vote of a majority of
the electors of such county voting upon the question of the adoption of
such equipment in such county.
If a petition signed by electors equal in
number to two per cent of the total votes cast in the county for the
office of governor at the most recent general election for that office
is filed with the board of elections, such board shall submit to the
electors of such county at the next general election occurring not less
than seventy-five days thereafter the question "Shall voting machines,
marking devices, and automatic tabulating equipment be adopted in the
county of .................... ?" Upon the filing of such
petition, the board of elections shall forthwith notify the board of
county commissioners, and the board of county commissioners shall
forthwith determine whether it would prefer to purchase or lease such
equipment in whole or in part for cash and if so whether it will be
necessary or advisable to issue bonds to provide funds for the purchase
of such equipment, if adopted. If the board of county commissioners
determines that it is necessary or advisable to issue bonds therefor,
it shall by resolution provide for the submission on the same ballot,
but as a separate issue, the question of issuing such bonds. The
question of issuing such bonds shall be submitted as required by
division (A) of section 3506.03 of the Revised Code.
HISTORY: 128 v 83 (Eff 9-28-59); 138 v H 1062 (Eff 3-23-81); 143 v H
230 (Eff 10-30-89); 145 v H 143 (Eff 7-22-94); 146 v H 99. Eff 8-22-95.
§ 3506.03. Methods of acquisition of equipment.
Upon the adoption of voting machines, marking devices, and automatic
tabulating equipment either by the action of the board of elections or
by the board of county commissioners, on the recommendation of the
board of elections or by the affirmative vote of a majority of the
electors voting on the question of the adoption of such equipment, such
board of county commissioners shall acquire the equipment by any one or
by any combination of the following methods:
(A) By purchasing in whole or in part such equipment and paying the
purchase price therefor in cash; or out of the proceeds of the issuance
and sale of bonds, provided the question of issuing bonds for such
purpose was submitted to the vote of the electors of the county
pursuant to section 133.18 of the Revised Code and provided the
issuance of such bonds was approved;
(B) By purchasing in whole or in part such equipment and paying the
purchase price in a series of consecutive annual approximately equal
installments the number of which shall not exceed the estimated number
of years of usefulness of such equipment, as determined by the fiscal
officer of the county and by issuing to the seller negotiable
promissory notes of the county, evidencing the annual installments to
become due, specifying the terms of purchase, and bearing interest at a
rate not exceeding the rate determined as provided in section 9.95 of
the Revised Code, which notes shall be public obligations as defined in
division (GG)(2) of section 133.01 of the Revised Code and shall not be
subject to Chapter 133. of the Revised Code, provided the legislation
authorizing the issuance of such notes shall make provision for levying
and collecting annually by taxation amounts sufficient to pay the
interest on such notes and to provide for the payment of the principal
thereof when due, and provided that the amounts of such tax so levied
each year may be reduced by the amount by which revenues available for
appropriation for the payment of the expenses of conducting elections
are appropriated for, and applied to, the payment of such interest and
principal of such notes;
(C) By leasing such equipment in whole or in part under contract of
lease which shall provide for the rental, and also may provide for an
option to purchase them or parts of them at a fixed price with the
rentals paid to be applied to the purchase price, and payments under
such contracts of lease may be made by the county out of funds of the
county not otherwise appropriated; or which may be appropriated by the
board of county commissioners, out of funds appropriated by the board
of county commissioners to the board of elections for the costs and
expenses of elections, with the approval of the board of elections; or
out of the funds the board of county commissioners is authorized to
provide by a levy and collection thereof annually by taxation.
HISTORY: 128 v 84 (Eff 9-28-59); 129 v 582(791) (Eff 1-10-61); 133 v S
245 (Eff 6-26-69); 138 v H 275 (Eff 11-1-79); 139 v H 95 (Eff 5-13-81);
143 v H 230 (Eff 10-30-89); 145 v H 143. Eff 7-22-94.
§ 3506.04. Acquisition of limited amount of equipment; maintenance; experimental use.
(A) If it is impracticable to supply
each election precinct with voting machines or marking devices for use
at the next election following the adoption of such equipment, as many
shall be supplied for that election and the succeeding elections as it
is practicable to procure either by purchase or lease, or by a
combination of both, and such equipment may be used in election
precincts within the county as the board of elections directs until
such time as it is practicable to provide the total number of voting
machines or marking devices necessary to supply all precincts within
the county, provided that the total number of voting machines or
marking devices necessary to supply all precincts shall be procured by
purchase or lease, or by a combination of both as soon as practicable
after their adoption.
(B) The board of elections shall be
charged with the custody of all equipment acquired by the county, and
shall see that all such equipment is kept in proper working order and
in good repair. The board of county commissioners of any county or the
board of elections, upon recommendation of the board of elections, may,
prior to the adoption of such equipment, acquire by purchase or lease
or by loan, for the experimental use in a limited number of precincts,
such equipment, and such experimental use shall be valid for all
purposes as if such equipment had been formally adopted, provided that
such equipment has been approved by the board of voting machine
examiners for experimental use.
(C) All equipment acquired by any county
by any of the methods provided for in this section shall be exempt from
levy and taxation.
HISTORY: 128 v 85 (Eff 9-28-59); 145 v H 143 (Eff 7-22-94); 146 v H 99. Eff 8-22-95.
§ 3506.05. Certification of equipment and support arrangements; board of voting machine examiners; guidelines.
(A) As used in this section, except when
used as part of the phrase "tabulating equipment" or "automatic
tabulating equipment":
(1) "Equipment"
means a voting machine, marking device, automatic tabulating equipment,
or software.
(2) "Vendor"
means the person that owns, manufactures, distributes, or has the legal
right to control the use of equipment, or the person's agent.
(B) No voting machine, marking device,
automatic tabulating equipment, or software for the purpose of casting
or tabulating votes or for communications among systems involved in the
tabulation, storage, or casting of votes shall be purchased, leased,
put in use, or continued to be used, except for experimental use as
provided in division (B) of section 3506.04 of the Revised Code, unless
it, a manual of procedures governing its use, and training materials,
service, and other support arrangements have been certified by the
secretary of state and unless the board of elections of each county
where the equipment will be used has assured that a demonstration of
the use of the equipment has been made available to all interested
electors. The secretary of state shall appoint a board of voting
machine examiners to examine and approve equipment and its related
manuals and support arrangements. The board shall consist of one
competent and experienced election officer and two persons who are
knowledgeable about the operation of such equipment, who shall serve
during the secretary of state's term.
For the member's service, each member of the
board shall receive three hundred dollars per day for each combination
of marking device, tabulating equipment, and voting machine examined
and reported, but in no event shall a member receive more than six
hundred dollars to examine and report on any one marking device, item
of tabulating equipment, or voting machine. Each member of the board
shall be reimbursed for expenses the member incurs during an
examination or during the performance of any related duties that may be
required by the secretary of state. Reimbursement of these expenses
shall be made in accordance with, and shall not exceed, the rates
provided for under section 126.31 of the Revised Code.
Neither the secretary of state nor the board,
nor any public officer who participates in the authorization,
examination, testing, or purchase of equipment, shall have any
pecuniary interest in the equipment or any affiliation with the vendor.
(C)
(1) A
vendor who desires to have the secretary of state certify equipment
shall first submit the equipment, all current related procedural
manuals, and a current description of all related support arrangements
to the board of voting machine examiners for examination, testing, and
approval. The submission shall be accompanied by a fee of eighteen
hundred dollars and a detailed explanation of the construction and
method of operation of the equipment, a full statement of its
advantages, and a list of the patents and copyrights used in operations
essential to the processes of vote recording and tabulating, vote
storage, system security, and other crucial operations of the equipment
as may be determined by the board. An additional fee, in an amount to
be set by rules promulgated by the board, may be imposed to pay for the
costs of alternative testing or testing by persons other than board
members, record-keeping, and other extraordinary costs incurred in the
examination process. Moneys not used shall be returned to the person or
entity submitting the equipment for examination.
(2) Fees
collected by the secretary of state under this section shall be
deposited into the state treasury to the credit of the board of voting
machine examiners fund, which is hereby created. All moneys credited to
this fund shall be used solely for the purpose of paying for the
services and expenses of each member of the board or for other expenses
incurred relating to the examination, testing, reporting, or
certification of voting machine devices, the performance of any related
duties as required by the secretary of state, or the reimbursement of
any person submitting an examination fee as provided in this chapter.
(D) Within sixty days after the
submission of the equipment and payment of the fee, or as soon
thereafter as is reasonably practicable, but in any event within not
more than ninety days after the submission and payment, the board of
voting machine examiners shall examine the equipment and file with the
secretary of state a written report on the equipment with its
recommendations and its determination or condition of approval
regarding whether the equipment, manual, and other related materials or
arrangements meet the criteria set forth in sections 3506.07 and
3506.10 of the Revised Code and can be safely used by the voters at
elections under the conditions prescribed in Title XXXV of the Revised
Code, or a written statement of reasons for which testing requires a
longer period. The board may grant temporary approval for the purpose
of allowing experimental use of equipment. If the board finds that the
equipment meets the criteria set forth in sections 3506.06, 3506.07,
and 3506.10 of the Revised Code, can be used safely and can be depended
upon to record and count accurately and continuously the votes of
electors, and has the capacity to be warranted, maintained, and
serviced, it shall approve the equipment and recommend that the
secretary of state certify the equipment. The secretary of state shall
notify all boards of elections of any such certification. Equipment of
the same model and make, if it provides for recording of voter intent,
system security, voter privacy, retention of vote, and communication of
voting records in an identical manner, may then be adopted for use at
elections.
(E) The vendor shall notify the
secretary of state, who shall then notify the board of voting machine
examiners, of any enhancement and any significant adjustment to the
hardware or software that could result in a patent or copyright change
or that significantly alters the methods of recording voter intent,
system security, voter privacy, retention of the vote, communication of
voting records, and connections between the system and other systems.
The vendor shall provide the secretary of state with an updated
operations manual for the equipment, and the secretary of state shall
forward the manual to the board. Upon receiving such a notification and
manual, the board may require the vendor to submit the equipment to an
examination and test in order for the equipment to remain certified.
The board or the secretary of state shall periodically examine, test,
and inspect certified equipment to determine continued compliance with
the requirements of this chapter and the initial certification. Any
examination, test, or inspection conducted for the purpose of
continuing certification of any equipment in which a significant
problem has been uncovered or in which a record of continuing problems
exists shall be performed pursuant to divisions (C) and (D) of this
section, in the same manner as the examination, test, or inspection is
performed for initial approval and certification.
(F) If, at any time after the
certification of equipment, the board of voting machine examiners or
the secretary of state is notified by a board of elections of any
significant problem with the equipment or determines that the equipment
fails to meet the requirements necessary for approval or continued
compliance with the requirements of this chapter, or if the board of
voting machine examiners determines that there are significant
enhancements or adjustments to the hardware or software, or if notice
of such enhancements or adjustments has not been given as required by
division (E) of this section, the secretary of state shall notify the
users and vendors of that equipment that certification of the equipment
may be withdrawn.
(G)
(1) The
notice given by the secretary of state under division (F) of this
section shall be in writing and shall specify both of the following:
(a) The reasons why the certification may be withdrawn;
(b) The date on which certification will be withdrawn unless the vendor
takes satisfactory corrective measures or explains why there are no
problems with the equipment or why the enhancements or adjustments to
the equipment are not significant.
(2) A vendor who
receives a notice under division (F) of this section shall, within
thirty days after receiving it, submit to the board of voting machine
examiners in writing a description of the corrective measures taken and
the date on which they were taken, or the explanation required under
division (G)(1)(b) of this section.
(3) Not later
than fifteen days after receiving a written description or explanation
under division (G)(2) of this section from a vendor, the board shall
determine whether the corrective measures taken or the explanation is
satisfactory to allow continued certification of the equipment, and the
secretary of state shall send the vendor a written notice of the
board's determination, specifying the reasons for it. If the board has
determined that the measures taken or the explanation given is
unsatisfactory, the notice shall include the effective date of
withdrawal of the certification. This date may be different from the
date originally specified in division (G)(1)(b) of this section.
(4) A vendor who
receives a notice under division (G)(3) of this section indicating a
decision to withdraw certification may, within thirty days after
receiving it, request in writing that the board hold a hearing to
reconsider its decision. Any interested party shall be given the
opportunity to submit testimony or documentation in support of or in
opposition to the board's recommendation to withdraw certification.
Failure of the vendor to take appropriate steps as described in
division (G)(1)(b) or to comply with division (G)(2) of this section
results in a waiver of the vendor's rights under division (G)(4) of
this section.
(H)
(1) The secretary of state, in consultation with the board of
voting machine examiners, shall establish, by rule, guidelines for the
approval, certification, and continued certification of the voting
machines, marking devices, and tabulating equipment to be used under
Title XXXV of the Revised Code. The guidelines shall establish
procedures requiring vendors or computer software developers to place
in escrow with an independent escrow agent approved by the secretary of
state a copy of all source code and related documentation, together
with periodic updates as they become known or available. The secretary
of state shall require that the documentation include a system
configuration and that the source code include all relevant program
statements in low- or high-level languages. As used in this division,
"source code" does not include variable codes created for specific
elections.
(2) Nothing in
any rule adopted under division (H) of this section shall be construed
to limit the ability of the secretary of state to follow or adopt, or
to preclude the secretary of state from following or adopting, any
guidelines proposed by the federal election commission, any entity
authorized by the federal election commission to propose guidelines,
the election assistance commission, or any entity authorized by the
election assistance commission to propose guidelines.
(3)
(a) Before the initial certification of any direct recording electronic
voting machine with a voter verified paper audit trail, and as a
condition for the continued certification and use of those machines,
the secretary of state shall establish, by rule, standards for the
certification of those machines. Those standards shall include, but are
not limited to, all of the following:
(i) A definition of a voter verified paper audit trail as a paper
record of the voter's choices that is verified by the voter prior to
the casting of the voter's ballot and that is securely retained by the
board of elections;
(ii) Requirements that the voter verified paper audit trail shall not
be retained by any voter and shall not contain individual voter
information;
(iii) A prohibition against the production by any direct recording
electronic voting machine of anything that legally could be removed by
the voter from the polling place, such as a receipt or voter
confirmation;
(iv) A requirement that paper used in producing a voter verified paper
audit trail be sturdy, clean, and resistant to degradation.
(v) A requirement that the voter verified paper audit trail shall be
capable of being optically scanned for the purpose of conducting a
recount or other audit of the voting machine and shall be readable in a
manner that makes the voter's ballot choices obvious to the voter
without the use of computer or electronic codes.
(b) The secretary of state, by rule adopted under Chapter 119. of the
Revised Code, may waive the requirement under division (H)(3)(a)(v) of
this section, if the secretary of state determines that the requirement
is cost prohibitive.
HISTORY: 128 v 86 (Eff 9-28-59); 135 v S 291 (Eff 11-21-73); 138 v H
1062 (Eff 3-23-81); 145 v H 143. Eff 7-22-94; 150 v H 262, § 1,
eff. 5-7-04.
§ 3506.06. Approval or certification of marking device.
No marking device shall be approved by the board of voting machine
examiners or certified by the secretary of state, or be purchased,
rented, or otherwise acquired, or used, unless it fulfills the
following requirements:
(A) It shall permit and require voting in
absolute secrecy, and shall be so constructed that no person can see or
know for whom any other elector has voted or is voting, except an
elector who is assisting a voter as prescribed by section 3505.24 of
the Revised Code.
(B) It shall permit each elector to vote at
any election for all persons and offices for whom and for which the
elector is lawfully entitled to vote, whether or not the name of any
such person appears on a ballot as a candidate; to vote for as many
persons for an office as the elector is entitled to vote for; and to
vote for or against any question upon which the elector is entitled to
vote.
(C) It shall permit each elector to write in
the names of persons for whom the elector desires to vote, whose names
do not appear upon the ballot, if such write-in candidates are
permitted by law.
(D) It shall permit each elector, at all
presidential elections, by one punch or mark to vote for candidates of
one party for president, vice president, and presidential electors.
(E) It shall be durably constructed of
material of good quality in a neat and workerlike manner, and in form
that shall make it safely transportable.
(F) It shall be so constructed that a voter
may readily learn the method of operating it and may expeditiously cast
the voter's vote for all candidates of the voter's choice.
(G) It shall not provide to a voter any type
of receipt or voter confirmation that the voter legally may retain
after leaving the polling place.
HISTORY: 128 v 86 (Eff 9-28-59); 129 v 1653 (Eff 6-29-61); 135 v S 291. Eff 11-21-73; 150 v H 262, § 1, eff. 5-7-04.
§ 3506.07. Availability and setting of equipment.
No automatic tabulating equipment shall be approved by the board of
voting machine examiners or certified by the secretary of state, or be
purchased, rented, or otherwise acquired, or used, unless it has been
or is capable of being manufactured for use and distribution beyond a
prototype and can be set by election officials, to examine ballots and
to count votes accurately for each candidate, question, and issue,
excluding any ballots punched or marked contrary to the instructions
printed on such ballots, provided that such equipment shall not be
required to count write-in votes or the votes on any ballots that have
been voted other than at the regular polling place on election day.
HISTORY: 128 v 87 (Eff 9-28-59); 129 v 1653 (Eff 6-29-61); 135 v S 291 (Eff 11-21-73); 145 v H 143. Eff 7-22-94.
§ 3506.08. Ballot cards.
When a marking device designed for use with printed ballot cards has
been approved by the secretary of state pursuant to section 3506.05 of
the Revised Code, the secretary of state shall for each election
prescribe specifications for the printing of such ballot cards that
will present to voters the same information with respect to candidates,
offices, questions, and issues obtainable from paper ballots for the
same election prepared pursuant to Chapter 3505. of the Revised Code.
Each ballot card shall have attached two stubs, each of the width of
the ballot and each at least one-half inch in length, except that, if
the board of elections has an alternate method to account for the
ballots that the secretary of state has authorized, each ballot card
may have only one stub that shall be the width of the ballot and not
less than one-half inch in length. In the case of ballot cards with two
stubs, the stubs shall be separated from the ballot card and from each
other by perforated lines. One stub shall be known as Stub A and shall
have printed on its face "Stub A" and "Consecutive Number ...."
The other stub shall be known as Stub B and shall have printed on its
face "Stub B" and "Consecutive Number ......" and the
instructions to the voter which shall be printed in upper and lower
case ten point type. Each ballot card of each kind of ballot provided
for use in each precinct shall be numbered consecutively by printing
such number upon both of the stubs attached thereto. The board of
elections may order the ballot type, part, rotation series, and the
precinct designation printed and pre-punched at the top of each ballot
card. This information shall be separated from the remaining portion of
the ballot card.
The secretary of state shall further prescribe the supplementary means,
whether paper ballots, ballot envelopes, or other, by which a voter may
write in the names of candidates whose names do not appear on the
ballot.
HISTORY: 135 v S 291 (Eff 11-21-73); 146 v H 99. Eff 8-22-95.
§ 3506.09. Electronic data processing cards.
Where a marking device designed for use with electronic data processing
cards has been approved by the secretary of state pursuant to section
3506.05 of the Revised Code, the secretary of state shall for each
election prescribe for use with such marking device ballot labels that
will present to voters the same information with respect to candidates,
offices, questions, and issues obtainable from paper ballots for the
same election prepared pursuant to Chapter 3505. of the Revised Code.
Each ballot card shall have attached two stubs, each of the width of
the ballot and each at least one-half inch in length, except that, if
the board of elections has an alternate method to account for the
ballots that the secretary of state has authorized, each ballot card
may have only one stub that shall be the width of the ballot and not
less than one-half inch in length. In the case of ballot cards with two
stubs, the stubs shall be separated from the ballot card and from each
other by perforated lines. One stub shall be known as Stub A and shall
have printed on its face "Stub A" and "Consecutive Number
........" The other stub shall be known as Stub B and shall have
printed on its face "Stub B" and "Consecutive Number .... " and
the instructions to the voter which shall be printed in upper and lower
case ten point type. Each ballot card of each kind of ballot provided
for use in each precinct shall be numbered consecutively by printing
such number upon both of the stubs attached thereto. The board of
elections may order the ballot type, part, rotation series, and the
precinct designation printed and pre-punched at the top of each ballot
card. This information shall be separated from the remaining portion of
the ballot card.
The secretary of state shall further prescribe the supplementary means,
whether paper ballots, ballot envelopes, or other, by which a voter may
write in the names of candidates whose names do not appear on the
ballot.
HISTORY: 135 v S 291 (Eff 11-21-73); 146 v H 99. Eff 8-22-95.
§ 3506.10. Requirements for approval or certification of voting machines; guarantee, bond.
No voting machine shall be approved by the board of voting machine
examiners or certified by the secretary of state, or be purchased,
rented, or otherwise acquired, or used, except when specifically
allowed for experimental use, as provided in section 3506.04 of the
Revised Code, unless it fulfills the following requirements:
(A) It shall permit and require voting in
absolute secrecy, and shall be so constructed that no person can see or
know for whom any other elector has voted or is voting, except an
elector who is assisting a voter as prescribed by section 3505.24 of
the Revised Code.
(B) It shall permit each elector to vote at
any election for all persons and offices for whom and for which the
elector is lawfully entitled to vote, whether or not the name of any
such person appears on a ballot label as a candidate; to vote for as
many persons for an office as the elector is entitled to vote for; and
to vote for or against any question upon which the elector is entitled
to vote.
(C) It shall preclude each elector from voting
for any candidate or upon any question for whom or upon which the
elector is not entitled to vote, from voting for more persons for any
office than the elector is entitled to vote for, and from voting for
any candidates for the same office or upon any question more than once.
(D) It shall permit each voter to deposit,
write in, or affix, upon devices provided for that purpose, ballots
containing the names of persons for whom the voter desires to vote,
whose names do not appear upon the voting machine. Those devices shall
be susceptible of identification as to party affiliations when used at
a primary election.
(E) It shall permit each elector to change the
elector's vote for any candidate or upon any question appearing upon
the ballot labels, up to the time the elector starts to register the
elector's vote.
(F) It shall permit each elector, at all
presidential elections, by one device to vote for candidates of one
party for president, vice-president, and presidential electors.
(G) It shall be capable of adjustment by
election officers so as to permit each elector, at a primary election,
to vote only for the candidates of the party with which the elector has
declared the elector's affiliation and shall preclude the elector from
voting for any candidate seeking nomination by any other political
party; and to vote for the candidates for nonpartisan nomination or
election.
(H) It shall have separate voting devices for
candidates and questions, which shall be arranged in separate rows or
columns. It shall be so arranged that one or more adjacent rows or
columns may be assigned to the candidates of each political party at
primary elections.
(I) It shall have a counter, or other device,
the register of which is visible from the outside of the machine, and
which will show at any time during the voting the total number of
electors who have voted; and also a protective counter, or other
device, the register of which cannot be reset, which will record the
cumulative total number of movements of the internal counters.
(J) It shall be provided with locks and seals
by the use of which, immediately after the polls are closed or the
operation of the machine for an election is completed, no further
changes to the internal counters can be allowed.
(K) It shall have the capacity to contain the
names of candidates constituting the tickets of at least five political
parties, and independent groups and such number of questions not
exceeding fifteen as the secretary of state shall specify.
(L) It shall be durably constructed of
material of good quality in a neat and workerlike manner, and in form
that shall make it safely transportable.
(M) It shall be so constructed that a voter
may readily learn the method of operating it, may expeditiously cast a
vote for all candidates of the voter's choice, and when operated
properly shall register and record correctly and accurately every vote
cast.
(N) It shall be provided with a screen, hood,
or curtain, which will conceal the voter while voting. During the
voting, it shall preclude every person from seeing or knowing the
number of votes registered for any candidate or question and from
tampering with any of the internal counters.
(O) It shall not provide to a voter any type
of receipt or voter confirmation that the voter legally may retain
after leaving the polling place.
(P) On and after the first federal election
that occurs after January 1, 2006, unless required sooner by the Help
America Vote Act of 2002, if the voting machine is a direct recording
electronic voting machine, it shall include a voter verified paper
audit trail.
Before any voting machine is purchased,
rented, or otherwise acquired, or used, the person or corporation
owning or manufacturing that machine or having the legal right to
control the use of that machine shall give an adequate guarantee in
writing and post a bond in an amount sufficient to cover the cost of
any recount or new election resulting from or directly related to the
use or malfunction of the equipment, accompanied by satisfactory
surety, all as determined by the secretary of state, with the board of
county commissioners, guaranteeing and securing that those machines
have been and continue to be certified by the secretary of state in
accordance with section 3506.05 of the Revised Code, comply fully with
the requirements of this section, and will correctly, accurately, and
continuously register and record every vote cast, and further
guaranteeing those machines against defects in workership and materials
for a period of five years from the date of their acquisition.
HISTORY: GC § 4785-161c; 114 v 679(702); 119 v 127; 124 v
673(702); Bureau of Code Revision, RC § 3507.05, 10-1-53; 129 v
1498 (Eff 8-17-61); RC § 3506.10, 145 v H 143. Eff 7-22-94; 150 v
H 262, § 1, eff. 5-7-04.
§ 3506.11. Arrangement of candidates' names on voting machine.
The names of all candidates for an office shall be arranged in a group
under the title of the office and printed on labels so that they may be
rotated on the voting machine as provided in section 3505.03 of the
Revised Code. Under the name of each candidate nominated at a primary
election or certified by a party committee to fill a vacancy under
section 3513.31 of the Revised Code, the name of the political party
that nominated or certified the candidate shall be printed in less
prominent typeface than that in which the candidate's name is printed.
HISTORY: RC § 3507.06, 136 v H 1165 (Eff 4-5-76); 136 v S 457 (Eff 4-14-76); RC § 3506.11, 145 v H 143. Eff 7-22-94.
§ 3506.12. Combining, rearranging and enlarging of precincts; counting stations.
In counties where marking devices, automatic tabulating equipment,
voting machines, or any combination of these are in use or are to be
used, the board of elections:
(A) May combine, rearrange, and enlarge
precincts; but the board shall arrange for a sufficient number of these
devices to accommodate the number of electors in each precinct as
determined by the number of votes cast in that precinct at the most
recent election for the office of governor, taking into consideration
the size and location of each selected polling place, available
parking, handicap accessibility and other accessibility to the polling
place, and the number of candidates and issues to be voted on.
Notwithstanding section 3501.22 of the Revised Code, the board may
appoint more than four precinct officers to each precinct if this is
made necessary by the number of voting machines to be used in that
precinct.
(B) Except as otherwise provided in this
division, shall establish one or more counting stations to receive
voted ballots and other precinct election supplies after the polling
precincts are closed. Those stations shall be under the supervision and
direction of the board of elections. Processing and counting of voted
ballots, and the preparation of summary sheets, shall be done in the
presence of witnesses approved by the board. A certified copy of the
summary sheet for the precinct shall be posted at each counting station
immediately after completion of the summary sheet.
In counties where punch card ballots are used,
one or more counting stations, located at the board of elections, shall
be established, at which location all punch card ballots shall be
counted.
As used in this division, "punch card ballot"
has the same meaning as in section 3506.16 of the Revised Code.
HISTORY: 145 v H 143 (Eff 7-22-94); 146 v H 99 (Eff 8-22-95); 149 v H 5. Eff 8-28-2001.
§ 3506.13. Challengers and witnesses.
In precincts where marking devices, automatic tabulating equipment,
voting machines, or any combination of these are used, challengers and
witnesses may be appointed as prescribed in section 3505.21 of the
Revised Code. The duties and privileges of challengers in such
precincts during the hours the polls are open, shall be as provided in
section 3505.21 of the Revised Code.
Challengers shall be allowed to remain in the polling place after the
polls close and may observe the processing of the ballots and the
sealing and signing of the envelopes or containers or both containing
the voted ballots.
Witnesses shall not be allowed in the polling place, but shall file
their certificates of appointment at the proper counting station after
the polls close, and may observe all functions there.
HISTORY: RC § 3506.17, 128 v 94 (Eff 9-28-59); 129 v 1653 (Eff 6-29-61); RC § 3506.13, 145 v H 143. Eff 7-22-94.
§ 3506.14. Testing of computer programs, voting machines and tabulating equipment.
(A) Prior to each election, the board of
elections shall test and audit the variable codes applicable to that
election to verify the accuracy of any computer program that will be
used for tallying the ballot cards for each precinct in which an
election will be held.
(B) Prior to the start of the count of
the ballots, the board of elections shall have the voting machine or
automatic tabulating equipment tested to ascertain that it will
accurately count the votes cast for all offices and on all questions
and issues. Public notice of the time and place of the test shall be
given by proclamation or posting as in the case of notice of elections.
The test shall be conducted by processing a pre-audited group of
ballots so marked as to record a predetermined number of valid votes
for each candidate and on each question and issue, and shall include
for each office one or more ballots that have votes in excess of the
number allowed by law in order to test the ability of the automatic
tabulating equipment to reject those votes. In that test a different
number of valid votes shall be assigned to each candidate for an
office, and for and against each question and issue. If an error is
detected, the cause for the error shall be ascertained and corrected
and an errorless count shall be made and certified to by the board
before the count is started. The tabulating equipment shall pass the
same test at the beginning and conclusion of the election day count
before the election returns are approved as official. On completion of
the election day count, the programs, test materials, and ballots shall
be sealed and retained as provided for paper ballots in section 3505.31
of the Revised Code.
HISTORY: RC § 3506.19, 134 v S 452 (Eff 6-29-72); RC § 3506.14, 145 v H 143 (Eff 7-22-94); 146 v H 99. Eff 8-22-95.
§ 3506.15. Secretary of state to provide
rules, instructions, directives, advisories; county board to instruct
voters and election officials.
The secretary of state shall provide each board of elections with
rules, instructions, directives, and advisories regarding the
examination, testing, and use of the voting machine and tabulating
equipment, the assignment of duties of booth officials, the procedure
for casting a vote on the machine, and how the vote shall be tallied
and reported to the board, and with other rules, instructions,
directives, and advisories the secretary of state finds necessary to
ensure the adequate care and custody of voting equipment, and the
accurate registering, counting, and canvassing of the votes as required
by this chapter. The boards of elections shall be charged with the
responsibility of providing for the adequate instruction of voters and
election officials in the proper use of the voting machine and marking
devices. The boards' instructions shall include, in counties where
punch card ballots are used, instructions that each voter shall examine
the voter's marked ballot card and remove any chads that remain
partially attached to it before returning it to election officials.
The secretary of state's rules, instructions, directives, and
advisories provided under this section shall comply, insofar as
practicable, with this chapter. The provisions of Title XXXV [35] of
the Revised Code, not inconsistent with the provisions relating to
voting machines, apply in any county using a voting machine.
As used in this section, "chad" and "punch card ballot" have the same meanings as in section 3506.16 of the Revised Code.
HISTORY: GC § 4785-161L; 114 v 679(707); Bureau of Code Revision,
RC § 3507.15, 10-1-53; RC § 3506.15, 145 v H 143 (Eff
7-22-94); 149 v H 5. Eff 8-28-2001.
§ 3506.16. Chads, ballots voted backwards.
(A) As used in this section:
(1) "Chad" means
the small piece of paper or cardboard produced from a punch card ballot
when a voter pierces a hole in a perforated, designated position on the
ballot with a marking device to record the voter's candidate, question,
or issue choice.
(2) "Punch card
ballot" means a ballot card that contains small perforated designated
positions that a marking device must pierce to form a hole that records
a voter's candidate, question, or issue choice.
(B)
(1) In
counties where punch card ballots are used, employees of the board of
elections designated by the board under division (C) of this section
shall take all reasonable steps, in a manner prescribed by the
secretary of state, to inspect those ballots at the board of elections
prior to their counting by automatic tabulating equipment.
(2) Those
designees shall take all reasonable steps, in a manner prescribed by
the secretary of state, to remove from a punch card ballot chads
attached by two or fewer corners. They shall not remove from a punch
card ballot any chad attached by three or four corners. If a chad is
attached to a punch card ballot by three or four corners, it shall be
deemed that a voter did not record a candidate, question, or issue
choice at that particular position on the ballot, and a vote shall not
be counted at that particular position on the ballot.
(3)
(a) Those designees shall remake and count as a valid ballot any punch
card ballot in which the pattern of holes punched in areas of the
ballot card other than the designated positions assigned to candidates,
questions, or issues makes it clear to the designees that the voter
inserted the ballot card into the voting machine with the back side of
the ballot card facing up. Only holes that are clearly pierced through
the punch card ballot shall be remade and counted. The designees shall
remake and count a punch card ballot under this division whether the
voter voted for one candidate, question, or issue, more than one but
not all candidates, questions, or issues, or all candidates, questions,
and issues.
(b) If the pattern of holes pierced through a punch card ballot
indicates that the ballot card was inserted into the voting machine
with the back side of the ballot facing up, partially voted, then
removed from the voting machine, reinserted properly, and voted
correctly, the designees shall remake and count as valid only those
votes represented by the properly punched side of the original punch
card ballot.
(C) The board of elections of a county
where punch card ballots are used shall designate teams to inspect
those ballots under division (B) of this section and, as necessary, to
remove chads from those ballots or remake those ballots. Those teams
shall consist of two employees of the board, one from each major
political party. The board may designate as many teams as the board
considers necessary to efficiently inspect those ballots prior to their
counting. The board also may designate teams of two employees, one from
each major political party, to monitor the teams conducting the
inspection of those ballots under division (B) of this section.
HISTORY: 149 v H 5. Eff 8-28-2001.
§ 3506.17. Repealed.
Repealed, 151 v H 66, § 105.01 [150 v H 262, § 1, eff. 5-7-04]. Eff 7-1-05.
§ 3506.18. Voter verified paper audit trail used for recount.
(A) For any recount of an election in
which ballots are cast using a direct recording electronic voting
machine with a voter verified paper audit trail, the voter verified
paper audit trail shall serve as the official ballot to be recounted.
(B) Voter verified paper audit trails
shall be preserved in the same manner and for the same time period as
paper ballots are preserved under section 3505.31 of the Revised Code.
HISTORY: 150 v H 262, § 1, eff. 5-7-04.
§ 3506.19. Voting machine or marking device accessible for individuals with disabilities.
On and after the first federal election that occurs after January 1,
2006, unless required sooner by the Help America Vote Act of 2002, each
polling location shall have available for use at all elections at least
one direct recording electronic voting machine or marking device that
is accessible for individuals with disabilities, including nonvisual
accessibility for the blind and visually impaired, in a manner that
provides the same opportunity for access and participation, including
privacy and independence, as for other voters.
HISTORY: 150 v H 262, § 1, eff. 5-7-04; 151 v S 147, § 1, eff. 11-15-05.
§ 3506.20.
CHAPTER 3507
VOTING MACHINES [REPEALED]
§ 3507.01. Repealed.
Repealed, 145 v H 143, § 2 [GC § 4785-161; 113 v 307(382),
§ 161; 114 v 679(700); 119 v 127; Bureau of Code Revision,
10-1-53; 125 v 713(762); 133 v S 245; 138 v H 275; 138 v H 1062; 139 v
H 95]. Eff 7-22-94.
§ 3507.02. Repealed.
Repealed, 145 v H 143, § 2 [GC § 4785-161; 113 v 307(382),
§ 161; 114 v 679(700); 119 v 127; Bureau of Code Revision,
10-1-53; 125 v 713(762); 133 v S 245; 138 v H 275; 138 v H 1062; 139 v
H 95]. Eff 7-22-94.
§ 3507.03. Repealed.
Repealed, 145 v H 143, § 2 [GC §§ 4785-161a; 4785-161b;
114 v 679(701); 119 v 127; Bureau of Code Revision, 10-1-53; 135 v S
291; 138 v H 1062]. Eff 7-22-94.
§ 3507.04. Repealed.
Repealed, 145 v H 143, § 2 [GC §§ 4785-161a; 4785-161b;
114 v 679(701); 119 v 127; Bureau of Code Revision, 10-1-53; 135 v S
291; 138 v H 1062]. Eff 7-22-94.
§ 3507.05. Renumbered.
Amended and renumbered RC § 3506.10 in 145 v H 143. Eff 7-22-94.
§ 3507.06. Renumbered.
Amended and renumbered RC § 3506.11 in 145 v H 143. Eff 7-22-94.
§ 3507.07. Repealed.
Repealed, 135 v S 291, § 2 [GC §§ 4785-161 e, f, g; 114
v 679; 118 v 223; 123 v 473; 124 v 673; Bureau of Code Revision,
10-1-53; 126 v 205; 128 v 27; 132 v S 148]. Eff 11-21-73.
§ 3507.08. Repealed.
Repealed, 135 v S 291, § 2 [GC §§ 4785-161 e, f, g; 114
v 679; 118 v 223; 123 v 473; 124 v 673; Bureau of Code Revision,
10-1-53; 126 v 205; 128 v 27; 132 v S 148]. Eff 11-21-73.
§ 3507.09. Repealed.
Repealed, 135 v S 291, § 2 [GC §§ 4785-161 e, f, g; 114
v 679; 118 v 223; 123 v 473; 124 v 673; Bureau of Code Revision,
10-1-53; 126 v 205; 128 v 27; 132 v S 148]. Eff 11-21-73.
§ 3507.10. Repealed.
Repealed, 134 v S 460, § 2 [GC § 4785-161h; 114 v 679; 119 v
127; 123 v 473; Bureau of Code Revision, 10-1-53; 130 v 827]. Eff
3-23-72.
§ 3507.11. Repealed.
Repealed, 135 v S 291, § 2 [GC §§ 4785-161h, i, j; 114 v
679; 119 v 127; 123 v 473; Bureau of Code Revision, 10-1-53]. Eff
11-21-73.
§ 3507.12. Repealed.
Repealed, 135 v S 291, § 2 [GC §§ 4785-161h, i, j; 114 v
679; 119 v 127; 123 v 473; Bureau of Code Revision, 10-1-53]. Eff
11-21-73.
§ 3507.13. Repealed.
Repealed, 135 v S 291, § 2 [GC §§ 4785-161h, i, j; 114 v
679; 119 v 127; 123 v 473; Bureau of Code Revision, 10-1-53]. Eff
11-21-73.
§ 3507.14. Repealed.
Repealed, 145 v H 143, § 2 [GC § 4785-161k; 114 v 679(707);
Bureau of Code Revision, 10-1-53; 125 v 713(763); 138 v H 1062]. Eff
7-22-94.
§ 3507.15. Renumbered.
Amended and renumbered RC § 3506.15 in 145 v H 143. Eff 7-22-94.
§ 3507.16. Repealed.
Repealed, 145 v H 143, § 2 [123 v 861; Bureau of Code Revision, 10-1-53; 138 v H 1062]. Eff 7-22-94.
CHAPTER 3509
ABSENT VOTER'S BALLOTS
Section
3509.01. Absent voter's ballots.
3509.02. Who may vote by absent voter's ballot.
[3509.02.1]
3509.021.Marking of applications and identification envelopes.
[3509.02.2]
3509.022.Overseas voters.
3509.03. Application for ballots.
[3509.03.1]
3509.031.Absentee ballots for militia members on active duty.
[3509.03.2] 3509.032.[Repealed]
3509.04. Notice to
applicant of need for additional information; delivery of ballots to
voter; return envelope.
3509.05. Voting procedure.
3509.06. Counting of ballots.
[3509.06.1] 3509.061.[Repealed]
3509.07. Rejection of absentee votes.
3509.08. Disabled voters;
medical emergencies; confinement in jail.
[3509.08.1] 3509.081.[Repealed]
3509.09. Casting ballot in
precinct on election day when absentee ballot has been previously
requested.
§ 3509.01. Absent voter's ballots.
The board of elections of each county shall provide absent voter's
ballots for use at every primary and general election, or special
election to be held on the day 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. Those ballots shall be the same size, shall be
printed on the same kind of paper, and shall be in the same form as has
been approved for use at the election for which those ballots are to be
voted; except that, in counties using marking devices, ballot cards may
be used for absent voter's ballots, and those absent voters shall be
instructed to record the vote in the manner provided on the ballot
cards. In counties where punch card ballots are used, those absent
voters shall be instructed to examine their marked ballot cards and to
remove any chads that remain partially attached to them before
returning them to election officials.
The rotation of names of candidates and questions and issues shall be
substantially complied with on absent voter's ballots, within the
limitation of time allotted. Those ballots shall be designated as
"Absent Voter's Ballots" and shall be printed and ready for use on the
thirty-fifth day before the day of the election, except that those
ballots shall be printed and ready for use on the twenty-fifth day
before the day of a presidential primary election.
Absent voter's ballots provided for use at a general or primary
election, or special election to be held on the day 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, shall include only those
questions, issues, and candidacies that have been lawfully ordered
submitted to the electors voting at that election.
Absent voter's ballots for special elections held on days other than
the day on which general or primary elections are held shall be ready
for use as many days before the day of the election as reasonably
possible under the laws governing the holding of that special election.
A copy of the absent voter's ballots shall be forwarded by the director
of the board in each county to the secretary of state at least
twenty-five days before the election.
As used in this section, "chad" and "punch card ballot" have the same meanings as in section 3506.16 of the Revised Code.
HISTORY: GC § 4785-113; 113 v 307(358); § 113; 114 v
679(694); Bureau of Code Revision, 10-1-53; 125 v 713(763); 128 v 94
(Eff 9-28-59); 129 v 1653 (Eff 6-29-61); 132 v H 934 (Eff 5-31-68); 135
v S 44 (Eff 9-11-73); 135 v H 662 (Eff 9-27-74); 138 v H 1062 (Eff
3-23-81); 140 v S 213 (Eff 10-13-83); 145 v S 150 (Eff 12-29-93); 146 v
H 99 (Eff 8-22-95); 146 v S 261 (Eff 11-20-96); 149 v H 5. Eff
8-28-2001.
§ 3509.02. Who may vote by absent voter's ballot.
(A) Any qualified elector may vote by absent voter's ballots at an election.
(B) Any qualified elector who is unable
to appear at the office of the board of elections or other location
designated by the board 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 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 may vote by absent voter's ballots in that election as
specified in division (G) of section 3503.16 of the Revised Code.
HISTORY: GC § 4785-134; 113 v 307(370), § 134; 114 v
679(695); 118 v 223; 122 v 325(348); Bureau of Code Revision, 10-1-53;
127 v 741 (Eff 1-1-58); 132 v S 102 (Eff 4-24-67); 133 v S 51 (Eff
11-19-69); 133 v S 591 (Eff 9-16-70); 135 v H 73 (Eff 10-31-73); 135 v
S 429 (Eff 7-26-74); 135 v S 237 (Eff 9-23-74); 138 v H 1062 (Eff
3-23-81); 143 v H 237 (Eff 7-27-90); 144 v H 438 (Eff 9-23-92); 145 v S
300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1, eff.
1-27-06.
[§ 3509.02.1] § 3509.021. Marking of applications and identification envelopes.
Except as provided in section 3509.031 [3509.03.1] of the Revised Code
all identification envelopes containing absent voter's ballots for
former resident voters who are entitled to vote for presidential and
vice-presidential electors only, shall have printed or stamped thereon
the words, "Presidential Ballot."
HISTORY: 133 v S 51 (Eff 11-19-69); 133 v S 591 (Eff 9-16-70); 134 v S
460 (Eff 3-23-72); 135 v H 662 (Eff 9-27-74); 136 v H 1. Eff 6-13-75.
[§ 3509.02.2] § 3509.022. Overseas voters.
An overseas voter as defined in 42 U.S.C. 1973ff-6, other than an
absent uniformed services voter as defined in that statute, may apply
for an absent voter's ballot as provided in this chapter.
HISTORY: 151 v H 234, § 1, eff. 1-27-06.
§ 3509.03. Application for ballots.
Except as provided in section 3509.031 [3509.03.1] or division (B) of
section 3509.08 of the Revised Code, any qualified elector desiring to
vote absent voter's ballots at an election shall make written
application for those ballots to the director of elections of the
county in which the elector's voting residence is located. The
application need not be in any particular form but shall contain all of
the following:
(A) The elector's name;
(B) The elector's signature;
(C) The address at which the elector is registered to vote;
(D) The elector's date of birth;
(E) One of the following:
(1) The elector's driver's license number;
(2) The last four digits of the elector's social security number;
(3) A copy of
the elector's current and valid photo identification or a copy of a
current utility bill, bank statement, government check, paycheck, or
other government document that shows the name and address of the
elector.
(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) If the request is for primary election ballots, the elector's party affiliation;
(I) If the elector desires ballots to be
mailed to the elector, the address to which those ballots shall be
mailed.
A voter who will be outside the United States
on the day of any election during a calendar year may use a single
federal post card application to apply for absent voter's ballots.
Those ballots shall be sent to the voter for use at the primary and
general elections in that 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
unless the voter reports a change in the voter's voting status to the
board of elections or the voter's intent to vote in any such election
in the precinct in this state where the voter is registered to vote. A
single federal postcard application shall be processed by the board of
elections pursuant to section 3509.04 of the Revised Code the same as
if the voter had applied separately for absent voter's ballots for each
election. When mailing absent voter's ballots to a voter who applied
for them by single federal post card application, the board shall
enclose notification to the voter that the voter must report to the
board subsequent changes in the voter's voting status or the voter's
subsequent intent to vote in any such election in the precinct in this
state where the voter is registered to vote. Such notification shall be
in a form prescribed by the secretary of state. As used in this
section, "voting status" means the voter's name at the time the voter
applied for absent voter's ballots by single federal post card
application and the voter's address outside the United States to which
the voter requested that those ballots be sent.
Each application for absent voter's ballots
shall be delivered to the director 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 twelve noon of the third day before the day
of the election at which the ballots are to be voted, or not later than
the close of regular business hours on the day before the day of the
election at which the ballots are to be voted if the application is
delivered in person to the office of the board.
HISTORY: GC § 4785-135; 113 v 307(370), § 135; 114 v
679(695); 118 v 223; 122 v 135(349); Bureau of Code Revision, 10-1-53;
125 v 713(764); 127 v 741 (Eff 1-1-58); 132 v S 102 (Eff 4-24-67); 133
v S 51 (Eff 11-19-69); 133 v S 591 (Eff 9-16-70); 134 v S 460 (Eff
3-23-72); 135 v H 73 (Eff 10-31-73); 135 v S 429 (Eff 7-26-74); 135 v S
237 (Eff 9-23-74); 135 v H 662 (Eff 9-27-74); 142 v H 23 (Eff
10-20-87); 143 v H 237 (Eff 7-27-90); 145 v S 150 (Eff 12-29-93); 145 v
S 300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1,
eff. 1-27-06.
[§ 3509.03.1] § 3509.031. Absentee ballots for militia members on active duty.
(A) Any qualified elector who is a
member of the organized militia called to active duty within the state
and who will be unable to vote on election day on account of that
active duty may make written application for absent voter's ballots to
the director of elections for the county in which the elector's voting
residence is located. The elector may personally deliver the
application to the director or may mail it, send it by facsimile
machine, or otherwise send it to the director. The application need not
be in any particular form but 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 driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification or a
copy of a current utility bill, bank statement, government check,
paycheck, or other government document that shows the name and address
of the elector.
(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) A statement
that the elector is a member of the organized militia serving on active
duty within the state;
(9) If the
request is for primary election ballots, the elector's party
affiliation;
(10) If the
elector desires ballots to be mailed to the elector, the address to
which those ballots shall be mailed;
(11) If the
elector desires ballots to be sent to the elector by facsimile machine,
the telephone number to which they shall be so sent.
(B) Application to have absent voter's
ballots mailed or sent by facsimile machine to a qualified elector who
is a member of the organized militia called to active duty within the
state and who will be unable to vote on election day on account of that
active duty may be made by the spouse of the militia member or the
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, uncle, aunt,
nephew, or niece of the militia member. The application shall be in
writing upon a blank form furnished only by the director. The form of
the application shall be prescribed by the secretary of state. The
director 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 in person at the office of the board or
upon the written request of such a relative mailed to the office of the
board. The application, subscribed and sworn to by the applicant, shall
contain all of the following:
(1) The full name of the elector for whom ballots are requested;
(2) A statement that such person is a qualified elector in the county;
(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 driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification or a
copy of a current utility bill, bank statement, government check,
paycheck, or other government document that shows the name and address
of the elector.
(6) A statement
identifying the election for which absent voter's ballots are
requested;
(7) A statement
that the elector is a member of the organized militia serving on active
duty within the state;
(8) If the
request is for primary election ballots, the elector's party
affiliation;
(9) A statement
that the applicant bears a relationship to the elector as specified in
division (B) of this section;
(10) The address
to which ballots shall be mailed or telephone number to which ballots
shall be sent by facsimile machine;
(11) The signature and address of the person making the application.
(C) Applications to have absent voter's
ballots mailed or sent by facsimile machine shall not be valid if
dated, postmarked, or received by the director prior to the ninetieth
day before the day of the election for which ballots are requested or
if delivered to the director later than twelve noon of the third day
preceding the day of such election. If, after the ninetieth day and
before four p.m. of the day before the day of an election, a valid
application for absent voter's ballots is delivered to the director of
elections at the office of the board by a militia member making
application in the militia member's own behalf, the director shall
forthwith deliver to the militia member all absent voter's ballots then
ready for use, together with an identification envelope. The militia
member shall then vote the absent voter's ballots in the manner
provided in section 3509.05 of the Revised Code.
HISTORY: 133 v S 591 (Eff 9-16-70); 135 v S 429 (Eff 7-26-74); 135 v H
662 (Eff 9-27-74); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1, eff.
1-27-06.
[§ 3509.03.2] § 3509.032. Repealed.
Repealed, 135 v S 429, § 2 [134 v S 460; 135 v H 73]. Eff 7-26-74.
§ 3509.04. Notice to applicant of need for additional information; delivery of ballots to voter; return envelope.
I went into the Fulton BOE office to get a few copies of the voter
registration forms and was told that I could only get 2 copies unless I
registered and trained as a paid, professional voter
registration. This despite a pile of forms sitting on the
counter.
(A) If a director of a board of elections receives an application
for absent voter's ballots that does not contain all of the required
information, the director promptly shall notify the applicant of the
additional information required to be provided by the applicant to
complete that application.
I questioned this and was told that all BOEs members and employees were
instructed to do this at the June conference by the SOS
office.
(B) Upon receipt by the director of elections of an application
for absent voter's ballots that contain all of the required
information, as provided by sections 3509.03 and 3509.031 [3509.03.1]
and division (G) of section 3503.16 of the Revised Code, the director,
if the director 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 director shall deliver or mail with
the ballots an unsealed identification envelope upon the face of which
shall be printed a form substantially as follows:
Further, I noticed and was informed that they just recieved a 2+ year
supply voter registration forms with Ken Blackwell's name and the
Columbus address on them. In the past the county has their own
address on the forms and recieved the forms directly instead of them
being funneled through the SOS office. Most of these forms will
be garbage after November, I wonder if the printing company and it's
employees are contributors to the Blackwell campaign?
______________________________ "Identification Envelope Statement of
Voter
Finally, I noticed that the new forms are not of the proper paper
weight as Blackwell had mandated. The paper was very thin and
does not seem to meet Blackwell's paperweight
requirement.
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.
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 driver's license number is .......... (Driver's license number).
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
number or the last four digits of my Social Security Number, I am
enclosing a copy of one of the following in the return envelope in
which this identification envelope will be mailed: a current and valid
photo identification or a current utility bill, bank statement,
government check, paycheck, or other government document that shows my
name and address.
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."
The director shall mail with the ballots and the
unsealed identification envelope an unsealed return envelope upon the
face of which shall be printed the official title and post-office
address of the director. 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, and beneath these
lines there shall be printed a box beside the words "check if
out-of-country." The voter shall check this box if the voter will be
outside the United States on the day of the election. 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 director.
HISTORY: GC § 4785-136; 113 v 307(371), § 136; 118 v
223(234); 122 v 325(350); Bureau of Code Revision, 10-1-53; 125 v
713(765); 127 v 741 (Eff 1-1-58); 133 v S 51 (Eff 11-19-69); 133 v S
591 (Eff 9-16-70); 134 v S 460 (Eff 3-23-72); 135 v H 73 (Eff
10-31-73); 135 v S 429 (Eff 7-26-74); 135 v S 237 (Eff 9-23-74); 135 v
H 662 (Eff 9-27-74); 136 v H 1 (Eff 6-13-75); 138 v S 225 (Eff
1-16-80); 138 v H 1062 (Eff 3-23-81); 140 v S 79 (Eff 7-4-84); 143 v H
237 (Eff 7-27-90); 144 v H 438 (Eff 9-23-92); 145 v S 300 (Eff 1-1-95);
146 v H 99 (Eff 8-22-95); 148 v H 495 (Eff 5-9-2000); 149 v H 5. Eff
8-28-2001; 151 v H 234, § 1, eff. 1-27-06.
§ 3509.05. Voting procedure.
(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 director 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.
If the elector does not provide the elector's
driver's license number or the last four digits of the elector's social
security number on the statement of voter on the identification
envelope, the elector also shall include in the return envelope with
the identification envelope a copy of the elector's current valid photo
identification or a copy of a current utility bill, bank statement,
government check, paycheck, or other government document that shows the
name and address of the elector.
The elector shall mail the identification
envelope to the director from whom it was received in the return
envelope, postage prepaid, or the elector may personally deliver it to
the director, 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 director. The return
envelope shall be transmitted to the director in no other manner,
except as provided in section 3509.08 of the Revised Code.
Each elector who will be outside the United
States on the day of the election shall check the box on the return
envelope indicating this fact.
When absent voter's ballots are delivered to
an elector at the office of the board, the elector may retire to a
voting compartment provided by the board and there mark the ballots.
Thereupon, the elector shall fold them, place them in the
identification envelope provided, seal the envelope, fill in and sign
the statement on the envelope under penalty of election falsification,
and deliver the envelope to the director of the board.
Except as otherwise provided in divisions (B)
and (C) of this section, all other envelopes containing marked absent
voter's ballots shall be delivered to the director not later than the
close of the polls on the day of an election. Absent voter's ballots
delivered to the director 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 to the director, 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.
(B) Except as otherwise provided in
division (C) of this section, any return envelope that indicates that
the voter will be outside the United States on the day of the election
shall be delivered to the director prior to the eleventh day after the
election. Ballots delivered in such envelopes that are received after
the close of the polls on election day through the tenth day thereafter
shall be counted on the eleventh day at the board of elections in the
manner provided in divisions (C) and (D) of section 3509.06 of the
Revised Code. Any such ballots that are signed or postmarked after the
close of the polls on the day of the election or that are received by
the director later than the tenth 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.
(C) In any year in which a presidential
primary election is held, any return envelope that indicates that the
voter will be outside the United States on the day of the presidential
primary election shall be delivered to the director prior to the
twenty-first day after that election. Ballots delivered in such
envelopes that are received after the close of the polls on election
day through the twentieth day thereafter shall be counted on the
twenty-first day at the board of elections in the manner provided in
divisions (C) and (D) of section 3509.06 of the Revised Code. Any such
ballots that are signed or postmarked after the close of the polls on
the day of that election or that are received by the director later
than the twentieth day following that 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.
HISTORY: GC § 4785-137; 113 v 307(372), § 137; 118 v
223(235); 122 v 325(351); Bureau of Code Revision, 10-1-53; 125 v
713(766) (Eff 1-1-54); 133 v S 591 (Eff 9-16-70); 134 v S 460 (Eff
3-23-72); 135 v S 429 (Eff 7-26-74); 135 v H 662 (Eff 9-27-74); 138 v H
1062 (Eff 3-23-81); 140 v S 79 (Eff 7-4-84); 143 v H 237 (Eff 7-27-90);
145 v S 150. Eff 12-29-93; 151 v H 234, § 1, eff. 1-27-06.
§ 3509.06. Counting of ballots.
(A) The board of elections shall
determine whether absent voter's ballots shall be 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) or (C) of this section.
(B) When the board of elections
determines that absent voter's ballots shall be counted in each
precinct, the director shall deliver to the presiding judge 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 such presiding judge's precinct, and which were received by
the director not later than the close of the polls on election day. The
director shall deliver to such presiding judge 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.
(C) When the board of elections
determines that absent voter's ballots shall be counted at the office
of the board of elections or at another location designated by the
board, special election judges shall be appointed by the board for that
purpose having the same authority as is exercised by precinct judges.
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 presiding
judge of the precinct or the special judge appointed by the board of
elections shall be handled as follows: 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.
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, or upon any other of the
grounds upon which the right of persons to vote may be lawfully
challenged. If no such challenge is made, or if such a challenge is
made and not sustained, the presiding judge shall open the envelope
without defacing the statement of voter and without mutilating the
ballots in it, and shall remove the ballots contained in it and proceed
to count them.
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.
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) Special election judges or employees
or members of the board of elections 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.
HISTORY: GC § 4785-138; 113 v 307(372), § 138; 114 v
679(696); 122 v 325(352); Bureau of Code Revision, 10-1-53; 125 v
713(767) (Eff 1-1-54); 134 v S 460 (Eff 3-23-72); 135 v S 429 (Eff
7-26-74); 135 v S 237 (Eff 9-23-74); 137 v S 125 (Eff 5-27-77); 138 v H
1062 (Eff 3-23-81); 140 v S 79. Eff 7-4-84; 151 v H 234, § 1, eff.
1-27-06.
[§ 3509.06.1] § 3509.061. Repealed.
Repealed, 134 v S 460, § 2 [133 v S 51; 134 v H 1]. Eff 3-23-72.
§ 3509.07. Rejection of absentee votes.
If election officials find that the statement accompanying an absent
voter's ballot or absent voter's presidential ballot is insufficient,
that the signatures do not correspond with the person's registration
signature, that the applicant is not a qualified elector in the
precinct, that the ballot envelope contains more than one ballot of any
one kind, or any voted ballot that the elector is not entitled to vote,
that Stub A is detached from the absent voter's ballot or absent
voter's presidential ballot, or that the elector has not included with
the elector's ballot any identification required under section 3509.05
or 3511.09 of the Revised Code, the vote shall not be accepted or
counted. 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.
HISTORY: GC § 4785-139; 113 v 307(373), § 139; Bureau of Code
Revision, 10-1-53; 134 v S 460 (Eff 3-23-72); 135 v S 429 (Eff
7-26-74); 149 v H 5. Eff 8-28-2001; 150 v H 262, § 1, eff. 5-7-04;
151 v H 234, § 1, eff. 1-27-06.
§ 3509.08. Disabled voters; medical emergencies; confinement in jail.
(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 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 director of
the board of elections of the elector's county. The application shall
include all of the information required under section 3509.03 of the
Revised Code and 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 application shall not be valid if it is delivered to the
director before the ninetieth day or after twelve noon of the third day
before the day of the election at which the ballot is to be voted.
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 such employees 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 employees 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 two employees in marking the elector's ballot, and they shall
thereafter give no information in regard to this matter. Such
assistance shall not be rendered for any other cause.
When two board employees 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 because of being confined in a hospital as a result of an
accident or unforeseeable medical emergency occurring before the
election, may apply to the director of the board of elections of the
county where the elector is a qualified elector to vote in the election
by absent voter's ballot. This application shall be made in writing,
shall include all of the information required under section 3509.03 of
the Revised Code, and shall be delivered to the director not later than
three p.m. on the day of the election. The application shall indicate
the hospital where the applicant is confined, the date of the
applicant's admission to the hospital, and the offices for which the
applicant is qualified to vote. The applicant may also request that a
member of the applicant's family, as listed in section 3509.05 of the
Revised Code, deliver the absent voter's ballot to the applicant. The
director, after establishing to the director'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 the
applicant 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 to
deliver the ballot, the director 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 employees according to the procedures
prescribed in division (A) of this section. When the applicant 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 to deliver the
ballot, the director 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.
(2) 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 division (B)(1) 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 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.
HISTORY: GC § 4785-140; 113 v 307(373), § 140; 118 v
223(235); 120 v 16; 124 v 673(698); Bureau of Code Revision, 10-1-53;
125 v 713(768); 127 v 741 (Eff 1-1-58); 129 v 1579 (Eff 10-12-61); 133
v H 205 (Eff 11-12-69); 134 v S 460 (Eff 3-23-72); 135 v H 73 (Eff
10-31-73); 135 v S 429 (Eff 7-26-74); 135 v H 662 (Eff 9-27-74); 137 v
S 125 (Eff 5-27-77); 138 v H 1062 (Eff 3-23-81); 139 v H 388 (Eff
7-6-82); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1, eff. 1-27-06.
[§ 3509.08.1] § 3509.081. Repealed.
Repealed, 135 v S 429, § 2 [133 v H 205]. Eff 7-26-74.
§ 3509.09. Casting ballot in precinct on election day when absentee ballot has been previously requested.
(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.
(B)
(1) If a
registered elector appears to vote in that precinct and that elector
has requested an absent voter's ballot for that election but the
director has not received a sealed identification envelope purporting
to contain that elector's voted absent voter's ballots for that
election, the elector shall be permitted to cast a ballot, generally in
the manner prescribed in division (B) of section 3503.16 of the Revised
Code, in that precinct on the day of that election.
(2) If a
registered elector appears to vote in that precinct and that elector
has requested an absent voter's ballot for that election and the
director has received a sealed identification envelope purporting to
contain that elector's voted absent voter's ballots for that election,
the elector shall be permitted to cast a ballot, generally in the
manner prescribed in division (B) of section 3503.16 of the Revised
Code, in that precinct on the day of that election.
(C)
(1) In
counting absent voter's ballots under section 3509.06 of the Revised
Code, the board of elections or the precinct election officials shall
compare the poll list or the signature pollbook for each precinct with
the name of each elector in that precinct from whom the director has
received a sealed identification envelope purporting to contain that
elector's voted absent voter's ballots for that election. Except as
otherwise provided in division (C)(2) of this section, if the board of
elections determines that an elector who cast a ballot, generally in
the manner prescribed in division (B) of section 3503.16 of the Revised
Code, in the precinct on the day of the election also returned a sealed
identification envelope for that election, the absent voter's ballot in
the sealed identification envelope shall be counted, and the ballot
cast in the precinct on the day of the election shall not be counted.
(2) The board of
elections shall count the ballot cast in the precinct on the day of the
election, instead of the absent voter's ballot in the returned sealed
identification envelope of an elector, 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 ballot, generally in the manner prescribed in
division (B) of section 3503.16 of the Revised Code, in the precinct on
the day of the election.
If the board of elections counts the ballot cast in the precinct on the
day of the election under this division, the 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.
HISTORY: 151 v H 234, § 1, eff. 1-27-06.
CHAPTER 3509
ABSENT VOTER'S BALLOTS
Section
3509.01. Absent voter's ballots.
3509.02. Who may vote by absent voter's ballot.
[3509.02.1]
3509.021.Marking of applications and identification envelopes.
[3509.02.2]
3509.022.Overseas voters.
3509.03. Application for ballots.
[3509.03.1]
3509.031.Absentee ballots for militia members on active duty.
[3509.03.2] 3509.032.[Repealed]
3509.04. Notice to
applicant of need for additional information; delivery of ballots to
voter; return envelope.
3509.05. Voting procedure.
3509.06. Counting of ballots.
[3509.06.1] 3509.061.[Repealed]
3509.07. Rejection of absentee votes.
3509.08. Disabled voters;
medical emergencies; confinement in jail.
[3509.08.1] 3509.081.[Repealed]
3509.09. Casting ballot in
precinct on election day when absentee ballot has been previously
requested.
§ 3509.01. Absent voter's ballots.
The board of elections of each county shall provide absent voter's
ballots for use at every primary and general election, or special
election to be held on the day 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. Those ballots shall be the same size, shall be
printed on the same kind of paper, and shall be in the same form as has
been approved for use at the election for which those ballots are to be
voted; except that, in counties using marking devices, ballot cards may
be used for absent voter's ballots, and those absent voters shall be
instructed to record the vote in the manner provided on the ballot
cards. In counties where punch card ballots are used, those absent
voters shall be instructed to examine their marked ballot cards and to
remove any chads that remain partially attached to them before
returning them to election officials.
The rotation of names of candidates and questions and issues shall be
substantially complied with on absent voter's ballots, within the
limitation of time allotted. Those ballots shall be designated as
"Absent Voter's Ballots" and shall be printed and ready for use on the
thirty-fifth day before the day of the election, except that those
ballots shall be printed and ready for use on the twenty-fifth day
before the day of a presidential primary election.
Absent voter's ballots provided for use at a general or primary
election, or special election to be held on the day 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, shall include only those
questions, issues, and candidacies that have been lawfully ordered
submitted to the electors voting at that election.
Absent voter's ballots for special elections held on days other than
the day on which general or primary elections are held shall be ready
for use as many days before the day of the election as reasonably
possible under the laws governing the holding of that special election.
A copy of the absent voter's ballots shall be forwarded by the director
of the board in each county to the secretary of state at least
twenty-five days before the election.
As used in this section, "chad" and "punch card ballot" have the same meanings as in section 3506.16 of the Revised Code.
HISTORY: GC § 4785-113; 113 v 307(358); § 113; 114 v
679(694); Bureau of Code Revision, 10-1-53; 125 v 713(763); 128 v 94
(Eff 9-28-59); 129 v 1653 (Eff 6-29-61); 132 v H 934 (Eff 5-31-68); 135
v S 44 (Eff 9-11-73); 135 v H 662 (Eff 9-27-74); 138 v H 1062 (Eff
3-23-81); 140 v S 213 (Eff 10-13-83); 145 v S 150 (Eff 12-29-93); 146 v
H 99 (Eff 8-22-95); 146 v S 261 (Eff 11-20-96); 149 v H 5. Eff
8-28-2001.
§ 3509.02. Who may vote by absent voter's ballot.
(A) Any qualified elector may vote by absent voter's ballots at an election.
(B) Any qualified elector who is unable
to appear at the office of the board of elections or other location
designated by the board 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 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 may vote by absent voter's ballots in that election as
specified in division (G) of section 3503.16 of the Revised Code.
HISTORY: GC § 4785-134; 113 v 307(370), § 134; 114 v
679(695); 118 v 223; 122 v 325(348); Bureau of Code Revision, 10-1-53;
127 v 741 (Eff 1-1-58); 132 v S 102 (Eff 4-24-67); 133 v S 51 (Eff
11-19-69); 133 v S 591 (Eff 9-16-70); 135 v H 73 (Eff 10-31-73); 135 v
S 429 (Eff 7-26-74); 135 v S 237 (Eff 9-23-74); 138 v H 1062 (Eff
3-23-81); 143 v H 237 (Eff 7-27-90); 144 v H 438 (Eff 9-23-92); 145 v S
300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1, eff.
1-27-06.
[§ 3509.02.1] § 3509.021. Marking of applications and identification envelopes.
Except as provided in section 3509.031 [3509.03.1] of the Revised Code
all identification envelopes containing absent voter's ballots for
former resident voters who are entitled to vote for presidential and
vice-presidential electors only, shall have printed or stamped thereon
the words, "Presidential Ballot."
HISTORY: 133 v S 51 (Eff 11-19-69); 133 v S 591 (Eff 9-16-70); 134 v S
460 (Eff 3-23-72); 135 v H 662 (Eff 9-27-74); 136 v H 1. Eff 6-13-75.
[§ 3509.02.2] § 3509.022. Overseas voters.
An overseas voter as defined in 42 U.S.C. 1973ff-6, other than an
absent uniformed services voter as defined in that statute, may apply
for an absent voter's ballot as provided in this chapter.
HISTORY: 151 v H 234, § 1, eff. 1-27-06.
§ 3509.03. Application for ballots.
Except as provided in section 3509.031 [3509.03.1] or division (B) of
section 3509.08 of the Revised Code, any qualified elector desiring to
vote absent voter's ballots at an election shall make written
application for those ballots to the director of elections of the
county in which the elector's voting residence is located. The
application need not be in any particular form but shall contain all of
the following:
(A) The elector's name;
(B) The elector's signature;
(C) The address at which the elector is registered to vote;
(D) The elector's date of birth;
(E) One of the following:
(1) The elector's driver's license number;
(2) The last four digits of the elector's social security number;
(3) A copy of
the elector's current and valid photo identification or a copy of a
current utility bill, bank statement, government check, paycheck, or
other government document that shows the name and address of the
elector.
(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) If the request is for primary election ballots, the elector's party affiliation;
(I) If the elector desires ballots to be
mailed to the elector, the address to which those ballots shall be
mailed.
A voter who will be outside the United States
on the day of any election during a calendar year may use a single
federal post card application to apply for absent voter's ballots.
Those ballots shall be sent to the voter for use at the primary and
general elections in that 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
unless the voter reports a change in the voter's voting status to the
board of elections or the voter's intent to vote in any such election
in the precinct in this state where the voter is registered to vote. A
single federal postcard application shall be processed by the board of
elections pursuant to section 3509.04 of the Revised Code the same as
if the voter had applied separately for absent voter's ballots for each
election. When mailing absent voter's ballots to a voter who applied
for them by single federal post card application, the board shall
enclose notification to the voter that the voter must report to the
board subsequent changes in the voter's voting status or the voter's
subsequent intent to vote in any such election in the precinct in this
state where the voter is registered to vote. Such notification shall be
in a form prescribed by the secretary of state. As used in this
section, "voting status" means the voter's name at the time the voter
applied for absent voter's ballots by single federal post card
application and the voter's address outside the United States to which
the voter requested that those ballots be sent.
Each application for absent voter's ballots
shall be delivered to the director 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 twelve noon of the third day before the day
of the election at which the ballots are to be voted, or not later than
the close of regular business hours on the day before the day of the
election at which the ballots are to be voted if the application is
delivered in person to the office of the board.
HISTORY: GC § 4785-135; 113 v 307(370), § 135; 114 v
679(695); 118 v 223; 122 v 135(349); Bureau of Code Revision, 10-1-53;
125 v 713(764); 127 v 741 (Eff 1-1-58); 132 v S 102 (Eff 4-24-67); 133
v S 51 (Eff 11-19-69); 133 v S 591 (Eff 9-16-70); 134 v S 460 (Eff
3-23-72); 135 v H 73 (Eff 10-31-73); 135 v S 429 (Eff 7-26-74); 135 v S
237 (Eff 9-23-74); 135 v H 662 (Eff 9-27-74); 142 v H 23 (Eff
10-20-87); 143 v H 237 (Eff 7-27-90); 145 v S 150 (Eff 12-29-93); 145 v
S 300 (Eff 1-1-95); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1,
eff. 1-27-06.
[§ 3509.03.1] § 3509.031. Absentee ballots for militia members on active duty.
(A) Any qualified elector who is a
member of the organized militia called to active duty within the state
and who will be unable to vote on election day on account of that
active duty may make written application for absent voter's ballots to
the director of elections for the county in which the elector's voting
residence is located. The elector may personally deliver the
application to the director or may mail it, send it by facsimile
machine, or otherwise send it to the director. The application need not
be in any particular form but 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 driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification or a
copy of a current utility bill, bank statement, government check,
paycheck, or other government document that shows the name and address
of the elector.
(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) A statement
that the elector is a member of the organized militia serving on active
duty within the state;
(9) If the
request is for primary election ballots, the elector's party
affiliation;
(10) If the
elector desires ballots to be mailed to the elector, the address to
which those ballots shall be mailed;
(11) If the
elector desires ballots to be sent to the elector by facsimile machine,
the telephone number to which they shall be so sent.
(B) Application to have absent voter's
ballots mailed or sent by facsimile machine to a qualified elector who
is a member of the organized militia called to active duty within the
state and who will be unable to vote on election day on account of that
active duty may be made by the spouse of the militia member or the
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, uncle, aunt,
nephew, or niece of the militia member. The application shall be in
writing upon a blank form furnished only by the director. The form of
the application shall be prescribed by the secretary of state. The
director 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 in person at the office of the board or
upon the written request of such a relative mailed to the office of the
board. The application, subscribed and sworn to by the applicant, shall
contain all of the following:
(1) The full name of the elector for whom ballots are requested;
(2) A statement that such person is a qualified elector in the county;
(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 driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification or a
copy of a current utility bill, bank statement, government check,
paycheck, or other government document that shows the name and address
of the elector.
(6) A statement
identifying the election for which absent voter's ballots are
requested;
(7) A statement
that the elector is a member of the organized militia serving on active
duty within the state;
(8) If the
request is for primary election ballots, the elector's party
affiliation;
(9) A statement
that the applicant bears a relationship to the elector as specified in
division (B) of this section;
(10) The address
to which ballots shall be mailed or telephone number to which ballots
shall be sent by facsimile machine;
(11) The signature and address of the person making the application.
(C) Applications to have absent voter's
ballots mailed or sent by facsimile machine shall not be valid if
dated, postmarked, or received by the director prior to the ninetieth
day before the day of the election for which ballots are requested or
if delivered to the director later than twelve noon of the third day
preceding the day of such election. If, after the ninetieth day and
before four p.m. of the day before the day of an election, a valid
application for absent voter's ballots is delivered to the director of
elections at the office of the board by a militia member making
application in the militia member's own behalf, the director shall
forthwith deliver to the militia member all absent voter's ballots then
ready for use, together with an identification envelope. The militia
member shall then vote the absent voter's ballots in the manner
provided in section 3509.05 of the Revised Code.
HISTORY: 133 v S 591 (Eff 9-16-70); 135 v S 429 (Eff 7-26-74); 135 v H
662 (Eff 9-27-74); 146 v H 99. Eff 8-22-95; 151 v H 234, § 1, eff.
1-27-06.
[§ 3509.03.2] § 3509.032. Repealed.
Repealed, 135 v S 429, § 2 [134 v S 460; 135 v H 73]. Eff 7-26-74.
§ 3509.04. Notice to applicant of need for additional information; delivery of ballots to voter; return envelope.
(A) If a director of a board of
elections receives an application for absent voter's ballots that does
not contain all of the required information, the director promptly
shall notify the applicant of the additional information required to be
provided by the applicant to complete that application.
(B) Upon receipt by the director of
elections of an application for absent voter's ballots that contain all
of the required information, as provided by sections 3509.03 and
3509.031 [3509.03.1] and division (G) of section 3503.16 of the Revised
Code, the director, if the director 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
director 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.
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 driver's license number is .......... (Driver's license number).
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 number or the last four digits of my
Social Security Number, I am enclosing a copy of one of the following
in the return envelope in which this identification envelope will be
mailed: a current and valid photo identification or a current utility
bill, bank statement, government check, paycheck, or other government
document that shows my name and address.
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."
The director shall
mail with the ballots and the unsealed identification envelope an
unsealed return envelope upon the face of which shall be printed the
official title and post-office address of the director. 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, and beneath these lines there shall be printed a box
beside the words "check if out-of-country." The voter shall check this
box if the voter will be outside the United States on the day of the
election. 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 director.
HISTORY: GC § 4785-136; 113 v 307(371), § 136; 118 v
223(234); 122 v 325(350); Bureau of Code Revision, 10-1-53; 125 v
713(765); 127 v 741 (Eff 1-1-58); 133 v S 51 (Eff 11-19-69); 133 v S
591 (Eff 9-16-70); 134 v S 460 (Eff 3-23-72); 135 v H 73 (Eff
10-31-73); 135 v S 429 (Eff 7-26-74); 135 v S 237 (Eff 9-23-74); 135 v
H 662 (Eff 9-27-74); 136 v H 1 (Eff 6-13-75); 138 v S 225 (Eff
1-16-80); 138 v H 1062 (Eff 3-23-81); 140 v S 79 (Eff 7-4-84); 143 v H
237 (Eff 7-27-90); 144 v H 438 (Eff 9-23-92); 145 v S 300 (Eff 1-1-95);
146 v H 99 (Eff 8-22-95); 148 v H 495 (Eff 5-9-2000); 149 v H 5. Eff
8-28-2001; 151 v H 234, § 1, eff. 1-27-06.
§ 3509.05. Voting procedure.
(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 director 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.
If the elector does not provide the elector's
driver's license number or the last four digits of the elector's social
security number on the statement of voter on the identification
envelope, the elector also shall include in the return envelope with
the identification envelope a copy of the elector's current valid photo
identification or a copy of a current utility bill, bank statement,
government check, paycheck, or other government document that shows the
name and address of the elector.
The elector shall mail the identification
envelope to the director from whom it was received in the return
envelope, postage prepaid, or the elector may personally deliver it to
the director, 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 director. The return
envelope shall be transmitted to the director in no other manner,
except as provided in section 3509.08 of the Revised Code.
Each elector who will be outside the United
States on the day of the election shall check the box on the return
envelope indicating this fact.
When absent voter's ballots are delivered to
an elector at the office of the board, the elector may retire to a
voting compartment provided by the board and there mark the ballots.
Thereupon, the elector shall fold them, place them in the
identification envelope provided, seal the envelope, fill in and sign
the statement on the envelope under penalty of election falsification,
and deliver the envelope to the director of the board.
Except as otherwise provided in divisions (B)
and (C) of this section, all other envelopes containing marked absent
voter's ballots shall be delivered to the director not later than the
close of the polls on the day of an election. Absent voter's ballots
delivered to the director 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 to the director, 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.
(B) Except as otherwise provided in
division (C) of this section, any return envelope that indicates that
the voter will be outside the United States on the day of the election
shall be delivered to the director prior to the eleventh day after the
election. Ballots delivered in such envelopes that are received after
the close of the polls on election day through the tenth day thereafter
shall be counted on the eleventh day at the board of elections in the
manner provided in divisions (C) and (D) of section 3509.06 of the
Revised Code. Any such ballots that are signed or postmarked after the
close of the polls on the day of the election or that are received by
the director later than the tenth 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.
(C) In any year in which a presidential
primary election is held, any return envelope that indicates that the
voter will be outside the United States on the day of the presidential
primary election shall be delivered to the director prior to the
twenty-first day after that election. Ballots delivered in such
envelopes that are received after the close of the polls on election
day through the twentieth day thereafter shall be counted on the
twenty-first day at the board of elections in the manner provided in
divisions (C) and (D) of section 3509.06 of the Revised Code. Any such
ballots that are signed or postmarked after the close of the polls on
the day of that election or that are received by the director later
than the twentieth day following that 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.
HISTORY: GC § 4785-137; 113 v 307(372), § 137; 118 v
223(235); 122 v 325(351); Bureau of Code Revision, 10-1-53; 125 v
713(766) (Eff 1-1-54); 133 v S 591 (Eff 9-16-70); 134 v S 460 (Eff
3-23-72); 135 v S 429 (Eff 7-26-74); 135 v H 662 (Eff 9-27-74); 138 v H
1062 (Eff 3-23-81); 140 v S 79 (Eff 7-4-84); 143 v H 237 (Eff 7-27-90);
145 v S 150. Eff 12-29-93; 151 v H 234, § 1, eff. 1-27-06.
§ 3509.06. Counting of ballots.
(A) The board of elections shall
determine whether absent voter's ballots shall be 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) or (C) of this section.
(B) When the board of elections
determines that absent voter's ballots shall be counted in each
precinct, the director shall deliver to the presiding judge 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 such presiding judge's precinct, and which were received by
the director not later than the close of the polls on election day. The
director shall deliver to such presiding judge 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.
(C) When the board of elections
determines that absent voter's ballots shall be counted at the office
of the board of elections or at another location designated by the
board, special election judges shall be appointed by the board for that
purpose having the same authority as is exercised by precinct judges.
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 presiding
judge of the precinct or the special judge appointed by the board of
elections shall be handled as follows: 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.
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, or upon any other of the
grounds upon which the right of persons to vote may be lawfully
challenged. If no such challenge is made, or if such a challenge is
made and not sustained, the presiding judge shall open the envelope
without defacing the statement of voter and without mutilating the
ballots in it, and shall remove the ballots contained in it and proceed
to count them.
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.
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) Special election judges or employees
or members of the board of elections 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.
HISTORY: GC § 4785-138; 113 v 307(372), § 138; 114 v
679(696); 122 v 325(352); Bureau of Code Revision, 10-1-53; 125 v
713(767) (Eff 1-1-54); 134 v S 460 (Eff 3-23-72); 135 v S 429 (Eff
7-26-74); 135 v S 237 (Eff 9-23-74); 137 v S 125 (Eff 5-27-77); 138 v H
1062 (Eff 3-23-81); 140 v S 79. Eff 7-4-84; 151 v H 234, § 1, eff.
1-27-06.
[§ 3509.06.1] § 3509.061. Repealed.
Repealed, 134 v S 460, § 2 [133 v S 51; 134 v H 1]. Eff 3-23-72.
§ 3509.07. Rejection of absentee votes.
If election officials find that the statement accompanying an absent
voter's ballot or absent voter's presidential ballot is insufficient,
that the signatures do not correspond with the person's registration
signature, that the applicant is not a qualified elector in the
precinct, that the ballot envelope contains more than one ballot of any
one kind, or any voted ballot that the elector is not entitled to vote,
that Stub A is detached from the absent voter's ballot or absent
voter's presidential ballot, or that the elector has not included with
the elector's ballot any identification required under section 3509.05
or 3511.09 of the Revised Code, the vote shall not be accepted or
counted. 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.
HISTORY: GC § 4785-139; 113 v 307(373), § 139; Bureau of Code
Revision, 10-1-53; 134 v S 460 (Eff 3-23-72); 135 v S 429 (Eff
7-26-74); 149 v H 5. Eff 8-28-2001; 150 v H 262, § 1, eff. 5-7-04;
151 v H 234, § 1, eff. 1-27-06.
§ 3509.08. Disabled voters; medical emergencies; confinement in jail.
(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 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 director of
the board of elections of the elector's county. The application shall
include all of the information required under section 3509.03 of the
Revised Code and 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 application shall not be valid if it is delivered to the
director before the ninetieth day or after twelve noon of the third day
before the day of the election at which the ballot is to be voted.
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 such employees 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 employees 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 two employees in marking the elector's ballot, and they shall
thereafter give no information in regard to this matter. Such
assistance shall not be rendered for any other cause.
When two board employees 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 because of being confined in a hospital as a result of an
accident or unforeseeable medical emergency occurring before the
election, may apply to the director of the board of elections of the
county where the elector is a qualified elector to vote in the election
by absent voter's ballot. This application shall be made in writing,
shall include all of the information required under section 3509.03 of
the Revised Code, and shall be delivered to the director not later than
three p.m. on the day of the election. The application shall indicate
t