Create a permanent absent voter list

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 400

2025-2026

Representatives Rader, Grim

Cosponsors: Representatives Brennan,
Glassburn, Somani, McNally, Brownlee, Russo, Troy, Miller, J., Baker,
Brewer, Rogers, Cockley

To
amend sections 3501.11, 3503.14, 3503.20, 3503.28, and 3509.03 and to
enact section 3509.11 of the Revised Code
to
create a permanent absent voter list.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 3501.11, 3503.14, 3503.20, 3503.28, and 3509.03 be amended
and section 3509.11 of the Revised Code be enacted to read as
follows:

Sec.
3501.11.
Each
board of elections shall exercise by a majority vote all powers
granted to the board by Title XXXV 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, precinct election officials, 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 and divisions (F) and (G) of section
3505.062 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 voting
machines, marking devices, automatic tabulating equipment, stalls,
and other required supplies. In fulfilling this duty, each board of a
county that uses voting machines, marking devices, or automatic
tabulating equipment shall conduct a full vote of the board during a
public session of the board on the allocation and distribution of
voting machines, marking devices, and automatic tabulating equipment
for each precinct in the county.

(J)
Investigate irregularities, nonperformance of duties, or violations
of Title XXXV 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 or the secretary of state;

(K)(1)
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;

(2)
Examine each initiative petition, or a petition filed under section
307.94 or 307.95 of the Revised Code, received by the board to
determine whether the petition falls within the scope of authority to
enact via initiative and whether the petition satisfies the statutory
prerequisites to place the issue on the ballot, as described in
division (M) of section 3501.38 of the Revised Code. The petition
shall be invalid if any portion of the petition is not within the
initiative power.

(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 database 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)
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;

(W)
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."

(X)
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.

(Z)
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, consider the
board or other designated site a polling place for that day. 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.

(AA)
Perform any duties with respect to voter registration and voting by
uniformed services and overseas voters that are delegated to the
board by law or by the rules, directives, or advisories of the
secretary of state.

(BB)
Prepare an election administration plan and submit it to the
secretary of state not later than seventy-five days before each
presidential primary election and not later than one hundred twenty
days before each general election held in an even-numbered year. The
election administration plan shall be on a template prescribed by the
secretary of state and shall include all of the following:

(1)
Precinct election official recruitment, training, and accountability;

(2)
Resource allocation;

(3)
Communication before and on the day of the election;

(4)
Materials;

(5)
Contingencies and continuity planning;

(6)
Security;

(7)
Voter registration;

(8)
Absent voting;

(9)
Polling places and accessibility;

(10)
Ballot preparation;

(11)
Pre-election testing;

(12)
Reconciliation and audits;

(13)
A master calendar;

(14)
Any other topic prescribed by the secretary of state.

(CC)
Establish and maintain a permanent absent voter list of all
registered electors in the county who have opted to be placed on the
permanent absent voter list, including written applications to be
removed from the permanent absent voter list.

Sec.
3503.14.
(A)
The secretary of state shall prescribe the form and content of the
registration, change of residence, and change of name forms used in
this state. The forms shall meet the requirements of the National
Voter Registration Act of 1993 and shall include spaces for all of
the following:

(1)
The voter's name;

(2)
The voter's address;

(3)
The current date;

(4)
The voter's date of birth;

(5)
The voter to provide at least one of the following forms of
identification:

(a)
The voter's Ohio driver's license or state identification card
number;

(b)
The last four digits of the voter's social security number.

(6)

A
box that the voter can mark in the affirmative to request to be
placed on the permanent absent voter list under section 3509.11 of
the Revised Code;

(7)

The
voter's signature.

The
registration form shall include a space on which the person
registering an applicant shall sign the person's name and provide the
person's address and a space on which the person registering an
applicant shall name the employer who is employing that person to
register the applicant.

The
forms shall include a box for the person filling out the form to
check to indicate, if applicable, that the person has filled out all
or part of the form on behalf of the applicant because the applicant
declares that the applicant requires such assistance by reason of
blindness, disability, or illiteracy.

Except
for forms prescribed by the secretary of state under section 3503.11
of the Revised Code, the secretary of state shall permit boards of
elections to produce forms that have subdivided spaces for each
individual alphanumeric character of the information provided by the
voter so as to accommodate the electronic reading and conversion of
the voter's information to data and the subsequent electronic
transfer of that data to the statewide voter registration database
established under section 3503.15 of the Revised Code.

(B)
None of the following persons who are registering an applicant in the
course of that official's or employee's normal duties shall sign the
person's name, provide the person's address, or name the employer who
is employing the person to register an applicant on a form prepared
under this section:

(1)
An election official;

(2)
A county treasurer;

(3)
A deputy registrar of motor vehicles;

(4)
An employee of a designated agency;

(5)
An employee of a public high school;

(6)
An employee of a public vocational school;

(7)
An employee of a public library;

(8)
An employee of the office of a county treasurer;

(9)
An employee of the bureau of motor vehicles;

(10)
An employee of a deputy registrar of motor vehicles;

(11)
An employee of an election official.

(C)
Except as provided in section 3501.382 of the Revised Code, any
applicant who is unable to sign the applicant's own name shall make
an "X," if possible, which shall be certified by the
signing of the name of the applicant by the person filling out the
form, who shall add the person's own signature. If an applicant is
unable to make an "X," the applicant shall indicate in some
manner that the applicant desires to register to vote or to change
the applicant's name or residence. The person registering the
applicant shall sign the form and attest that the applicant indicated
that the applicant desired to register to vote or to change the
applicant's name or residence.

(D)
No registration, change of residence, or change of name form shall be
rejected solely on the basis that a person registering an applicant
failed to sign the person's name or failed to name the employer who
is employing that person to register the applicant as required under
division (A) of this section.

(E)
A voter registration application submitted electronically through the
registrar of motor vehicles or a deputy registrar pursuant to section
3503.11 or submitted online through the internet pursuant to section
3503.20 of the Revised Code is not required to contain a signature to
be considered valid. The signature obtained under division (A)(3) of
section 3503.11 or under division (B) of section 3503.20 of the
Revised Code, as applicable, shall be considered the applicant's
signature for all election and signature-matching purposes.

(F)(1)
Except as otherwise provided in division (C) of this section and in
sections 3501.382 and 3505.24 of the Revised Code, no person shall
preprint or fill out any portion of a voter registration, change of
residence, or change of name form on behalf of an applicant.

(2)
A completed voter registration, change of residence, or change of
name form is not valid if any portion of it has been completed by any
person other than the applicant in violation of division (F)(1) of
this section.

(G)
As used in this section, "registering an applicant"
includes any effort, for compensation, to provide voter registration
forms or to assist persons in completing or returning those forms.

Sec.
3503.20.
(A)
The secretary of state shall establish a secure online voter
registration system. The system shall provide for all of the
following:

(1)
An applicant to submit a voter registration application to the
secretary of state online through the internet;

(2)
The online applicant to be registered to vote, if all of the
following apply:

(a)
The application contains all of the following information:

(i)
The applicant's name;

(ii)
The applicant's address;

(iii)
The applicant's date of birth;

(iv)
The last four digits of the applicant's social security number;

(v)
The applicant's Ohio driver's license number or the number of the
applicant's state identification card issued under section 4507.50 of
the Revised Code.

(b)
The applicant's name, address, and date of birth, the last four
digits of the applicant's social security number, and the applicant's
Ohio driver's license number or the number of the applicant's state
identification card as they are provided in the application are not
inconsistent with the information on file with the bureau of motor
vehicles;

(c)
The applicant is a United States citizen, will have lived in this
state for thirty days immediately preceding the next election, will
be at least eighteen years of age on or before the day of the next
general election, and is otherwise eligible to register to vote;

(d)
The applicant attests to the truth and accuracy of the information
submitted in the online application under penalty of election
falsification.

(B)
If an individual registers to vote or a registered elector updates
the elector's name, address, or both under this section, the
secretary of state shall obtain an electronic copy of the applicant's
or elector's signature that is on file with the bureau of motor
vehicles. That electronic signature shall be used as the applicant's
or elector's signature on voter registration records, for all
election and signature-matching purposes.

(C)
The secretary of state shall employ whatever security measures the
secretary of state considers necessary to ensure the integrity and
accuracy of voter registration information submitted electronically
pursuant to this section. Errors in processing voter registration
applications in the online system shall not prevent an applicant from
becoming registered or from voting.

(D)

The
online voter registration application under division (A) of this
section shall include the following language:

"By
clicking the box below, I request to be placed on the permanent
absent voter list under section 3509.11 of the Revised Code."

In
order to be placed on the permanent absent voter list under this
section, an applicant or elector shall be required to mark the box in
the online voter registration application that appears in conjunction
with the previous statement.

(E)

The
online voter registration application established under division (A)
of this section shall include the following language:

"By
clicking the box below, I affirm all of the following under penalty
of election falsification, which is a felony of the fifth degree:

(1)
I am the person whose name and identifying information is provided on
this form, and I desire to register to vote, or update my voter
registration, in the State of Ohio.

(2)
All of the information I have provided on this form is true and
correct as of the date I am submitting this form.

(3)
I am a United States citizen.

(4)
I will have lived in Ohio for thirty days immediately preceding the
next election.

(5)
I will be at least eighteen years of age on or before the day of the
next general election.

(6)
I authorize the Bureau of Motor Vehicles to transmit to the Ohio
Secretary of State my signature that is on file with the Bureau of
Motor Vehicles, and I understand and agree that the signature
transmitted by the Bureau of Motor Vehicles will be used by the
Secretary of State to validate this electronic voter registration
application as if I had signed this form personally."

In
order to register to vote or update a voter registration under
division (A) of this section, an applicant or elector shall be
required to mark the box in the online voter registration application
that appears in conjunction with the previous statement.

(E)

(F)

The
online voter registration process established under division (A) of
this section shall be in operation and available for use by
individuals who wish to register to vote or update their voter
registration information online not earlier than January 1, 2017.
During the period beginning on the first day after the close of voter
registration before an election and ending on the day of the
election, the online voter registration system shall display a notice
indicating that the applicant will not be registered to vote for the
purposes of that election.

(F)

(G)

Notwithstanding
section 1.50 of the Revised Code, if any provision of this section or
of division (E) of section 3503.14 of the Revised Code is held
invalid, or if the application of any provision of this section or of
that division to any person or circumstance is held invalid, then
this section and that division cease to operate.

Sec.
3503.28.
(A)
The secretary of state shall develop an information brochure
regarding voter registration. The brochure shall include, but is not
limited to, all of the following information:

(1)
The applicable deadlines for registering to vote or for returning an
applicant's completed registration form;

(2)
The applicable deadline for returning an applicant's completed
registration form if the person returning the form is being
compensated for registering voters;

(3)
The locations to which a person may return an applicant's completed
registration form;

(4)
The location to which a person who is compensated for registering
voters may return an applicant's completed registration form;

(5)
The registration and affirmation requirements applicable to persons
who are compensated for registering voters under section 3503.29 of
the Revised Code;

(6)
A notice, which shall be written in bold type, stating as follows:

"Voters
must bring photo identification to the polls in order to verify
identity. Voters who do not provide photo identification will still
be able to vote by casting a provisional ballot."

(7)
The process to request to be placed on the permanent absent voter
list when completing a voter registration form.

(B)
Except as otherwise provided in division (D) of this section, a board
of elections, designated agency, public high school, public
vocational school, public library, office of a county treasurer, or
deputy registrar of motor vehicles shall distribute a copy of the
brochure developed under division (A) of this section to any person
who requests more than two voter registration forms at one time.

(C)(1)
The secretary of state shall provide the information required to be
included in the brochure developed under division (A) of this section
to any person who prints a voter registration form that is made
available on a web site of the office of the secretary of state.

(2)
If a board of elections operates and maintains a web site, the board
shall provide the information required to be included in the brochure
developed under division (A) of this section to any person who prints
a voter registration form that is made available on that web site.

(D)
A board of elections shall not be required to distribute a copy of a
brochure under division (B) of this section to any of the following
officials or employees who are requesting more than two voter
registration forms at one time in the course of the official's or
employee's normal duties:

(1)
An election official;

(2)
A county treasurer;

(3)
A deputy registrar of motor vehicles;

(4)
An employee of a designated agency;

(5)
An employee of a public high school;

(6)
An employee of a public vocational school;

(7)
An employee of a public library;

(8)
An employee of the office of a county treasurer;

(9)
An employee of the bureau of motor vehicles;

(10)
An employee of a deputy registrar of motor vehicles;

(11)
An employee of an election official.

(E)
As used in this section, "registering voters" includes any
effort, for compensation, to provide voter registration forms or to
assist persons in completing or returning those forms.

Sec.
3509.03.
(A)
Except as otherwise provided in sections 3509.051, 3511.02, and
3511.021 of the Revised Code, any qualified elector desiring to vote
absent voter's ballots at an election shall deliver a written
application for those ballots, either in person or by mail, to the
board of elections of the county in which the elector's voting
residence is located.

(B)
Except as otherwise permitted under section 3511.02 of the Revised
Code and under division (C) of this section, the application shall be
on a form prescribed by the secretary of state and shall contain all
of the following:

(1)
The elector's name;

(2)
The elector's signature;

(3)
The address at which the elector is registered to vote;

(4)
The elector's date of birth;

(5)
One of the following:

(a)
The elector's Ohio driver's license or state identification card
number;

(b)
The last four digits of the elector's social security number;

(c)
A copy of the elector's photo identification.

(6)
A statement identifying the election for which absent voter's ballots
are requested;

(7)
A statement that the person requesting the ballots is a qualified
elector;

(8)

A
box that the voter can mark in the affirmative to request to be
placed on the permanent absent voter list under section 3509.11 of
the Revised Code;

(9)

If
the request is for primary election ballots, the elector's party
affiliation;

(9)
(10)

If the elector desires ballots to be mailed to the elector, the
address to which those ballots shall be mailed.

(C)
If the elector has a confidential voter registration record, as
described in section 111.44 of the Revised Code, the elector may
provide the elector's program participant identification number
instead of the address at which the elector is registered to vote.

(D)
Except as otherwise provided in division (A) of section 3509.051 and
in division (B) of section 3509.08 of the Revised Code, an
application to receive absent voter's ballots shall be delivered to
the office of the board not earlier than the first day of January of
the year of the elections for which the absent voter's ballots are
requested or not earlier than ninety days before the day of the
election at which the ballots are to be voted, whichever is earlier,
and not later than the close of business on the seventh day before
the day of the election at which the ballots are to be voted.

(E)
Except as permitted under section 111.31 of the Revised Code, no
public office, and no public official or employee who is acting in an
official capacity, shall do either of the following:

(1)
Prepay the return postage for an application for absent voter's
ballots;

(2)
Mail or otherwise deliver an unsolicited application for absent
voter's ballots to any person.

(F)(1)
Except as otherwise provided in division (F)(2) of this section and
in sections 3505.24 and 3509.08 of the Revised Code, no person shall
preprint or fill out any portion of an application for absent voter's
ballots on behalf of an applicant.

(2)
The secretary of state or a board of elections may preprint only an
applicant's name and address on an application for absent voter's
ballots before mailing that application to the applicant, except that
if the applicant has a confidential voter registration record, the
secretary of state or a board of elections shall not preprint the
applicant's address on the application.

(3)
A completed application for absent voter's ballots is not valid if
any portion of it has been completed by any person other than the
applicant in violation of division (F) of this section.

Sec.
3509.11.
(A)
An elector may request to be placed on the permanent absent voter
list maintained by boards of elections in accordance with this
section.

(B)
A voter registration applicant or elector may request to be placed on
the permanent absent voter list by doing any of the following:

(1)
Completing a written application, prescribed by the secretary of
state, to be placed on the permanent absent voter list and returning
the completed application to the board of elections of the county in
which the elector is registered to vote;

(2)
Marking the box in the affirmative provided on a voter registration
form or change of name or change of address form that indicates the
applicant or elector wishes to be placed on the permanent absent
voter list;

(3)
Checking the box provided when registering to vote or updating the
elector's voter registration on the online voter registration system
that indicates the applicant or elector wishes to be placed on the
permanent absent voter list;

(4)
Marking the box provided on an application for an absent voter's
ballot that indicates the voter wishes to be placed on the permanent
absent voter list.

(C)
An elector may be removed from the permanent absent voter list if
either of the following occur:

(1)
The elector submits in writing, on a form prescribed by the secretary
of state, to the appropriate board of elections a request to be
removed from the permanent absent voter list.

(2)
The elector's voter registration is canceled under section 3503.21 of
the Revised Code.

(D)
Each board of elections shall mail an absent voter ballot application
for an election to each elector listed on the board's permanent
absent voter list not later than forty-five days before the close of
voter registration for that election. An absent voter ballot
application mailed under this section is not considered an
unsolicited application for absent voter's ballots.

Section
2.
That
existing sections 3501.11, 3503.14, 3503.20, 3503.28, and 3509.03 of
the Revised Code are hereby repealed.