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 [Repealed]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3501.24, 3501.25 Repealed.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
petiti