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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 470
2025-2026
Representative Upchurch
Cosponsors: Representatives Brownlee,
Mohamed, Lett, McNally, Brennan, Brent, Grim, Russo
To
amend sections 3501.05, 3503.09, 3503.12, 3503.13, 3503.16, 3503.19,
3503.21, 3503.28, 3503.30, 3503.33, 3505.181, 3505.183, 3599.11,
3599.18, 4506.07, 4507.06, and 4507.51; to enact new
section
3503.11;
and to repeal
section
3503.11
of the Revised Code
to
create an automatic voter registration system.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3501.05, 3503.09, 3503.12, 3503.13, 3503.16, 3503.19,
3503.21, 3503.28, 3503.30, 3503.33, 3505.181, 3505.183, 3599.11,
3599.18, 4506.07, 4507.06, and 4507.51 be amended and new
section
3503.11
of the Revised Code be enacted to read as follows:
Sec.
3501.05.
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 in accordance with
section 3501.053 of the Revised Code 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)
Except as otherwise provided in section 3519.08 of the Revised Code,
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)
Except as otherwise provided in division (I)(2)(b) of section 3501.38
of the Revised Code, 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, 3517.20 to
3517.22, 3599.03, or 3599.031 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 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)
Adopt rules pursuant to Chapter 119. of the Revised Code for the
removal by boards of elections of ineligible voters from the
statewide voter registration database and, if applicable, from the
poll list or signature pollbook used in each precinct, which rules
shall provide for all of the following:
(1)
A process for the removal of voters who have changed 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;
(2)
A process for the removal of ineligible voters
through
the automatic voter registration system described in section 3503.11
of the Revised Code or
under
section 3503.21 of the Revised Code;
(3)
A
process to correct errors in removing a voter's voter registration
under division (Q)(2) of this section so the improperly removed voter
can have the voter's registration immediately restored and the voter
can cast a ballot that shall be counted as if the voter were never
removed;
(4)
A
uniform system for marking or removing the name of a voter who is
ineligible to vote from the statewide voter registration database
and, if applicable, from the poll list or signature pollbook used in
each precinct and noting the reason for that mark or removal.
(R)(1)
Prescribe a general program for registering voters or updating voter
registration information, such as name and residence changes, by
boards of elections, designated agencies, public high schools and
vocational schools, public libraries, and offices of county
treasurers consistent with the requirements of section 3503.09 of the
Revised Code;
(2)
Prescribe
a general program for registering voters or updating voter
registration information through the registrar of motor vehicles and
deputy registrars, consistent with the requirements of
Adopt
rules pursuant to Chapter 119. of the Revised Code to develop,
implement, and administer the automatic voter registration system
described in
section
3503.11 of the Revised Code
including rules prescribing procedures for the secretary of state and
the bureau of motor vehicles and department of medicaid to follow to
ensure that only United States citizens who are eligible electors are
registered to vote through the system;
(3)
Release monthly data reports to the public available on the secretary
of state's official public web site that include the following
information:
(a)
The number of individuals registered to vote or preregistered to vote
under section 3503.11 of the Revised Code;
(b)
The number of individuals who declined voter registration or voter
preregistration under section 3503.11 of the Revised Code
.
(S)
Prescribe a program of distribution of voter registration forms
through boards of elections, designated agencies, offices of the
registrar and deputy registrars of motor vehicles, public high
schools and vocational schools, public libraries, and offices of
county treasurers;
(T)
To the extent feasible, provide copies, at no cost and upon request,
of the voter registration form in post offices in this state;
(U)
Adopt rules pursuant to section 111.15 of the Revised Code for the
purpose of implementing the programs for registering voters through
boards of elections, designated agencies, and the offices of the
registrar and deputy registrars of motor vehicles consistent with
this chapter;
(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)
Establish and maintain a computerized statewide database of all
legally registered voters under section 3503.15 of the Revised Code
that complies with the requirements of the "Help America Vote
Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, and provide
training in the operation of that system;
(X)
Ensure that all directives, advisories, other instructions, or
decisions issued or made during or as a result of any conference or
teleconference call with a board of elections to discuss the proper
methods and procedures for conducting elections, to answer questions
regarding elections, or to discuss the interpretation of directives,
advisories, or other instructions issued by the secretary of state
are posted on a web site of the office of the secretary of state as
soon as is practicable after the completion of the conference or
teleconference call, but not later than the close of business on the
same day as the conference or teleconference call takes place.
(Y)
Publish a report on a web site of the office of the secretary of
state not later than one month after the completion of the canvass of
the election returns for each primary and general election,
identifying, by county, the number of absent voter's ballots cast and
the number of those ballots that were counted, and the number of
provisional ballots cast and the number of those ballots that were
counted, for that election. The secretary of state shall maintain the
information on the web site in an archive format for each subsequent
election.
(Z)
Conduct voter education outlining voter identification, absent voters
ballot, provisional ballot, and other voting requirements;
(AA)
Establish a procedure by which a registered elector may make
available to a board of elections a
more
recent
current
signature
to be used in the poll list or signature pollbook produced by the
board of elections of the county in which the elector resides;
(BB)
Disseminate information, which may include all or part of the
official explanations and arguments, by means of direct mail or other
written publication, broadcast, or other means or combination of
means, as directed by the Ohio ballot board under division (F) of
section 3505.062 of the Revised Code, in order to inform the voters
as fully as possible concerning each proposed constitutional
amendment, proposed law, or referendum;
(CC)
Be the single state office responsible for the implementation of the
"Uniformed and Overseas Citizens Absentee Voting Act,"
Pub.
L. No. 99-410, 100 Stat. 924, 42
52
U.S.C.
1973ff
20301
,
et seq., as amended, in this state. The secretary of state may
delegate to the boards of elections responsibilities for the
implementation of that act, including responsibilities arising from
amendments to that act made by the "Military and Overseas Voter
Empowerment Act," Subtitle H of the "National Defense
Authorization Act for Fiscal Year 2010," Pub. L. No. 111-84, 123
Stat. 3190.
(DD)
Adopt rules, under Chapter 119. of the Revised Code, to establish
procedures and standards for determining when a board of elections
shall be placed under the official oversight of the secretary of
state, placing a board of elections under the official oversight of
the secretary of state, a board that is under official oversight to
transition out of official oversight, and the secretary of state to
supervise a board of elections that is under official oversight of
the secretary of state.
(EE)
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 uniformed services or
overseas 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 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.
Sec.
3503.09.
(A)(1)
The secretary of state shall adopt rules for the electronic
transmission by boards of elections, designated agencies, public high
schools and vocational schools, public libraries, and offices of
county treasurers, where applicable, of
change
of
name
and
change
of
residence
changes
forms
for
voter registration records in the statewide voter registration
database.
(2)
The secretary of state shall adopt rules for the purpose of improving
the speed of processing new voter registrations that permit
information from a voter registration application received by a
designated agency to be made available electronically, in addition to
requiring the original voter registration application to be
transmitted to the applicable board of elections under division
(E)(2) of section 3503.10 of the Revised Code.
(B)
Rules adopted under division (A) of this section shall do all of the
following:
(1)
Prohibit any direct electronic connection between a designated
agency, public high school or vocational school, public library, or
office of a county treasurer and the statewide voter registration
database;
(2)
Require any updated voter registration information to be verified by
the secretary of state or a board of elections before the information
is added to the statewide voter registration database for the purpose
of modifying an existing voter registration;
(3)
Require each designated agency that transmits voter registration
information electronically to transmit an identifier for data
relating to each new voter registration that shall be used by the
secretary of state or a board of elections to match the electronic
data to the original voter registration application.
(C)
This section does not apply to information transmitted to the
secretary of state under section 3503.11 of the Revised Code.
Sec.
3503.11.
(A)(1)
The bureau of motor vehicles and department of medicaid shall provide
to the secretary of state, once per business day, electronic records
concerning each person who appears to be eligible to register to vote
or to update the person's registration and about whom the bureau or
department possesses the information listed in division (A)(2) of
this section for the purpose of automatically registering the person
to vote in accordance with this section.
(2)
A bureau or department that is required to transmit information
concerning a person under division (A)(1) of this section shall
transmit all of the following information concerning that person:
(a)
The person's legal name;
(b)
The person's residence address;
(c)
The person's date of birth;
(d)
The number of the person's driver's license or state identification
card or the last four digits of the person's social security number;
(e)
Whether the person is a United States citizen;
(f)
An electronic image of the person's signature.
(B)(1)
Upon receiving the information concerning a person under division (A)
of this section, the secretary of state shall transmit that
information to the board of elections of the county in which the
person resides. The board shall determine whether the person is
eligible to register to vote or to update the person's registration
and, if the person is eligible, shall send the person a notice, on a
form prescribed by the secretary of state, that contains all of the
following information:
(a)
The fact that the person will be registered to vote or have the
person's registration updated unless the person declines to be
registered to vote or update the person's registration;
(b)
The procedure to decline to be registered to vote or to update the
person's registration;
(c)
The bureau or department that provided the information that will be
used to register the person to vote or update the person's
registration;
(d)
The precinct in which the person will be registered to vote;
(e)
A statement in bold type as follows:
"Voters
must bring photo identification to the polls in order to verify
identity. Voters who do not provide photo identification will still
be able to vote by casting a provisional ballot."
(2)
The notice shall be by nonforwardable mail. If the notice is returned
to the board, it shall investigate and cause the notice to be
delivered to the correct address.
(C)(1)
Except as provided in division (C)(3)(a) of this section, not earlier
than twenty-one days after sending the notice described in division
(B) of this section to a person, the board of elections shall
register the person to vote or update the person's registration, as
applicable. The electronic record transmitted to the board of
elections under this section shall be considered to be the person's
voter registration form.
(2)(a)
If, after investigating as required under division (B)(2) of this
section, the board is unable to verify the person's correct address,
it shall register the person to vote and shall cause the person's
name in the official registration list and in the poll list or
signature pollbook to be marked to indicate that the person's notice
was returned to the board.
At
the first election at which an elector whose name has been so marked
appears to vote, the elector shall be required to provide
identification to the election officials and to vote by provisional
ballot under section 3505.181 of the Revised Code. If the provisional
ballot is counted pursuant to division (B)(3) of section 3505.183 of
the Revised Code, the board shall correct the elector's registration,
if needed, and shall remove the indication that the elector's notice
was returned from that elector's name on the official registration
list and on the poll list or signature pollbook. If the provisional
ballot is not counted pursuant to division (B)(4)(a)(i), (v), or (vi)
of section 3503.183 of the Revised Code, the elector's registration
shall be canceled. The board shall notify the elector by United
States mail of the cancellation.
(b)
If the notice described in division (B)(1) of this section is sent by
nonforwardable mail and is returned undelivered, the person shall be
registered as provided in division (C)(1) of this section and sent a
confirmation notice by forwardable mail. If the person fails to
respond to the confirmation notice, update the person's registration,
or vote by provisional ballot as provided in division (C)(2)(a) of
this section in any election during the next four-year period, which
includes two federal elections, subsequent to the mailing of the
confirmation notice, the person's registration shall be canceled.
(3)(a)
A board of elections shall not register a person to vote or update an
elector's registration under this section if the board determines
that the person is not eligible to register or if the person declines
to register or to update the elector's registration.
(b)
If, after a person has been registered to vote under this section,
the person declines to register, the board of elections shall treat
the declination as a request to cancel the person's registration.
(c)
If, after an elector's registration has been updated under this
section, the elector declines to update the elector's registration,
the board of elections shall correct the elector's registration to
reflect the name, address, or both, as applicable, that it contained
before the board updated the elector's registration.
Sec.
3503.12.
All
registrations shall be carefully checked, and in case any person is
found to have
registered
more
than
once
one
registration form
,
the additional registration forms shall be canceled by the board of
elections.
Six
weeks prior to the day of a special, primary, or general election,
the board shall publish notices in one or more newspapers of general
circulation advertising the places, dates, times, methods of
registration, and voter qualifications for registration.
The
board shall establish a schedule or program to assure to the extent
reasonably possible that, on or before November 1, 1980, all
registration places shall be free of barriers that would impede the
ingress and egress of persons with disabilities. Entrances shall be
level or shall be provided with a nonskid ramp of not over eight per
cent gradient, and doors shall be a minimum of thirty-two inches
wide. Registration places located at polling places shall, however,
comply with the requirements of section 3501.29 of the Revised Code
for the elimination of barriers.
As
used in this section, "persons with disabilities" means
persons who have lost the use of one or both legs, one or both arms,
or any combination thereof, or are blind or so severely impaired as
to be unable to move about without the aid of crutches or a
wheelchair.
Sec.
3503.13.
(A)(1)
Except as otherwise provided in division (A)(2) of this section,
voter registration forms
submitted
by applicants
and
the statewide voter registration database established under section
3503.15 of the Revised Code are public records subject to disclosure
under section 149.43 of the Revised Code.
(2)
None of the following are subject to disclosure under division (A)(1)
of this section:
(a)
An elector's full or partial social security number, driver's license
or state identification card number, telephone number, or electronic
mail address;
(b)
A confidential voter registration record, as described in section
111.44 of the Revised Code;
(c)
The address of a designated public service worker, if the designated
public service worker has submitted a redaction request to the board
of elections under section 149.45 of the Revised Code;
(d)
Any other information that is prohibited from being disclosed by
state or federal law.
(B)
A board of elections may use a legible digitized signature list of
voter signatures, copied from the signatures on the registration
forms in a form and manner prescribed by the secretary of state,
provided that the board includes the required voter registration
information in the statewide voter registration database established
under section 3503.15 of the Revised Code, and provided that the
precinct election officials have computer printouts at the polls
prepared in the manner required under section 3503.23 of the Revised
Code.
Sec.
3503.16.
(A)
Except as otherwise provided in division (E) of section 111.44 of the
Revised Code, whenever a registered elector changes the place of
residence of that registered elector from one precinct to another
within a county or from one county to another, or has a change of
name, that registered elector shall report the change by
delivering
doing
any of the following:
(1)
Delivering
a
change of residence or change of name form, whichever is appropriate,
as prescribed by the secretary of state under section 3503.14 of the
Revised Code to the state or local office of a designated agency, a
public high school or vocational school, a public library, the office
of the county treasurer, the office of the secretary of state, any
office of the registrar or deputy registrar of motor vehicles, or any
office of a board of elections in person or by a third person. Any
voter registration, change of address, or change of name application,
returned by mail, may be sent only to the secretary of state or the
board of elections.
A
registered elector also may update the registration of that
registered elector by filing
(2)
Submitting the elector's current residence or name information to the
bureau of motor vehicles, department of medicaid, or to a designated
agency in the manner directed by the bureau, department, or
designated agency, as applicable;
(3)
Submitting an application through the online voter registration
system created under section 3503.20 of the Revised Code;
(4)
Filing
a
change of residence or change of name form on the day of a special,
primary, or general election at the polling place in the precinct in
which that registered elector resides or at the board of elections or
at another site designated by the board.
(B)(1)(a)
Any registered elector who moves within a precinct on or prior to the
day of a general, primary, or special election and has not
filed
a notice of
reported
the
change
of residence
in
accordance
with
the
board of elections
division
(A) of this section
may
vote in that election by going to that registered elector's assigned
polling place, completing and signing a notice of change of
residence, showing photo identification, and casting a ballot.
(b)
Any registered elector who changes the name of that registered
elector and remains within a precinct on or prior to the day of a
general, primary, or special election and has not
filed
a notice of
reported
the
change
of name
in
accordance
with
the
board of elections
division
(A) of this section
may
vote in that election by going to that registered elector's assigned
polling place, completing and signing a notice of a change of name,
and casting a provisional ballot under section 3505.181 of the
Revised Code. If the registered elector provides to the precinct
election officials proof of a legal name change, such as a marriage
license or court order that includes the elector's current and prior
names, the elector may complete and sign a notice of change of name
and cast a regular ballot.
(2)
Any registered elector who moves from one precinct to another within
a county or moves from one precinct to another and changes the name
of that registered elector on or prior to the day of a general,
primary, or special election and has not
filed
a notice of
reported
the
change
of residence or change of name, whichever is appropriate,
in
accordance
with
the
board of elections
division
(A) of this section
may
vote in that election if that registered elector complies with
division (G) of this section or does all of the following:
(a)
Appears at anytime during regular business hours on or after the
twenty-eighth day prior to the election in which that registered
elector wishes to vote or, if the election is held on the day of a
presidential primary election, the twenty-fifth day prior to the
election, through noon of the Saturday prior to the election at the
office of the board of elections, appears at any time during regular
business hours on the Monday prior to the election at the office of
the board of elections, or appears on the day of the election at
either of the following locations:
(i)
The polling place for the precinct in which that registered elector
resides;
(ii)
The office of the board of elections or, if pursuant to division (C)
of section 3501.10 of the Revised Code the board has designated
another location in the county at which registered electors may vote,
at that other location instead of the office of the board of
elections.
(b)
Completes and signs, under penalty of election falsification, the
written affirmation on the provisional ballot envelope, which shall
serve as a notice of change of residence or change of name, whichever
is appropriate;
(c)
Votes a provisional ballot under section 3505.181 of the Revised Code
at the polling place, at the office of the board of elections, or, if
pursuant to division (C) of section 3501.10 of the Revised Code the
board has designated another location in the county at which
registered electors may vote, at that other location instead of the
office of the board of elections, whichever is appropriate, using the
address to which that registered elector has moved or the name of
that registered elector as changed, whichever is appropriate;
(d)
Completes and signs, under penalty of election falsification, a
statement attesting that that registered elector moved or had a
change of name, whichever is appropriate, on or prior to the day of
the election, has voted a provisional ballot at the polling place for
the precinct in which that registered elector resides, at the office
of the board of elections, or, if pursuant to division (C) of section
3501.10 of the Revised Code the board has designated another location
in the county at which registered electors may vote, at that other
location instead of the office of the board of elections, whichever
is appropriate, and will not vote or attempt to vote at any other
location for that particular election.
(C)
Any registered elector who moves from one county to another county
within the state on or prior to the day of a general, primary, or
special election and has not
registered
to vote in the county to which that registered elector moved
reported
the change of residence in accordance with division (A) of this
section
may
vote in that election if that registered elector complies with
division (G) of this section or does all of the following:
(1)
Appears at any time during regular business hours on or after the
twenty-eighth day prior to the election in which that registered
elector wishes to vote or, if the election is held on the day of a
presidential primary election, the twenty-fifth day prior to the
election, through noon of the Saturday prior to the election at the
office of the board of elections or, if pursuant to division (C) of
section 3501.10 of the Revised Code the board has designated another
location in the county at which registered electors may vote, at that
other location instead of the office of the board of elections,
appears during regular business hours on the Monday prior to the
election at the office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections, or appears on the day of the election at the
office of the board of elections or, if pursuant to division (C) of
section 3501.10 of the Revised Code the board has designated another
location in the county at which registered electors may vote, at that
other location instead of the office of the board of elections;
(2)
Completes and signs, under penalty of election falsification, the
written affirmation on the provisional ballot envelope, which shall
serve as a notice of change of residence;
(3)
Votes a provisional ballot under section 3505.181 of the Revised Code
at the office of the board of elections or, if pursuant to division
(C) of section 3501.10 of the Revised Code the board has designated
another location in the county at which registered electors may vote,
at that other location instead of the office of the board of
elections, using the address to which that registered elector has
moved;
(4)
Completes and signs, under penalty of election falsification, a
statement attesting that that registered elector has moved from one
county to another county within the state on or prior to the day of
the election, has voted at the office of the board of elections or,
if pursuant to division (C) of section 3501.10 of the Revised Code
the board has designated another location in the county at which
registered electors may vote, at that other location instead of the
office of the board of elections, and will not vote or attempt to
vote at any other location for that particular election.
(D)
A person who votes by absent voter's ballots pursuant to division (G)
of this section shall not make written application for the ballots
pursuant to Chapter 3509. of the Revised Code. Ballots cast pursuant
to division (G) of this section shall be set aside in a special
envelope and counted during the official canvass of votes in the
manner provided for in sections 3505.32 and 3509.06 of the Revised
Code insofar as that manner is applicable. The board shall examine
the pollbooks to verify that no ballot was cast at the polls or by
absent voter's ballots under Chapter 3509. or 3511. of the Revised
Code by an elector who has voted by absent voter's ballots pursuant
to division (G) of this section. Any ballot determined to be
insufficient for any of the reasons stated above or stated in section
3509.07 of the Revised Code shall not be counted.
Subject
to division (C) of section 3501.10 of the Revised Code, a board of
elections may lease or otherwise acquire a site different from the
office of the board at which registered electors may vote pursuant to
division (B) or (C) of this section.
(E)
Upon
Except
as otherwise provided in section 3503.11 of the Revised Code, upon
receiving
a notice of change of residence or change of name
form
,
the board of elections shall immediately send the registrant an
acknowledgment notice. If the change of residence or change of name
notice is valid, the board shall update the voter's registration as
appropriate. If that form is incomplete, the board shall inform the
registrant in the acknowledgment notice specified in this division of
the information necessary to complete or update that registrant's
registration.
(F)
Change of residence and change of name forms shall be available at
each polling place, and when these forms are completed, noting
changes of residence or name, as appropriate, they shall be filed
with election officials at the polling place. Election officials
shall return completed forms, together with the pollbooks and tally
sheets, to the board of elections.
The
board of elections shall provide change of residence and change of
name forms to the probate court and court of common pleas. The court
shall provide the forms to any person eighteen years of age or older
who has a change of name by order of the court or who applies for a
marriage license. The court shall forward all completed forms to the
board of elections within five days after receiving them.
(G)
A registered elector who otherwise would qualify to vote under
division (B) or (C) of this section but is unable to appear at the
office of the board of elections or, if pursuant to division (C) of
section 3501.10 of the Revised Code the board has designated another
location in the county at which registered electors may vote, at that
other location, on account of personal illness, physical disability,
or infirmity, may vote on the day of the election if that registered
elector does all of the following:
(1)
Makes a written application on a form prescribed by the secretary of
state that includes all of the information required under section
3509.03 of the Revised Code to the appropriate board for an absent
voter's ballot on or after the twenty-seventh day prior to the
election in which the registered elector wishes to vote through the
close of business on the seventh day prior to that election and
requests that the absent voter's ballot be sent to the address to
which the registered elector has moved if the registered elector has
moved, or to the address of that registered elector who has not moved
but has had a change of name;
(2)
Declares that the registered elector has moved or had a change of
name, whichever is appropriate, and otherwise is qualified to vote
under the circumstances described in division (B) or (C) of this
section, whichever is appropriate, but that the registered elector is
unable to appear at the board of elections because of personal
illness, physical disability, or infirmity;
(3)
Completes and returns along with the completed absent voter's ballot
a notice of change of residence indicating the address to which the
registered elector has moved, or a notice of change of name,
whichever is appropriate;
(4)
Completes and signs, under penalty of election falsification, a
statement attesting that the registered elector has moved or had a
change of name on or prior to the day before the election, has voted
by absent voter's ballot because of personal illness, physical
disability, or infirmity that prevented the registered elector from
appearing at the board of elections, and will not vote or attempt to
vote at any other location or by absent voter's ballot mailed to any
other location or address for that particular election.
Sec.
3503.19.
(A)
(A)(1)
Persons
qualified to register or to change their registration because of a
change of address or change of name may register or change their
registration
in
by
doing any of the following:
(a)
Submitting a voter registration or change of address or change of
name form in
person
or
through another person
at
any state or local office of a designated agency, at the office of
the registrar or any deputy registrar of motor vehicles, at a public
high school or vocational school, at a public library, at the office
of a county treasurer, or at a branch office established by the board
of elections
,
or
;
(b)
Submitting a voter registration or change of address or change of
name form
in
person, through another person, or by mail at the office of the
secretary of state or at the office of
a
any
board
of elections
.
A registered elector may also change the elector's registration
;
(c)
Submitting the required information to the bureau of motor vehicles,
department of medicaid, or to a designated agency in the manner
directed by the bureau, department, or by the designated agency, as
applicable;
(d)
Being registered or having the elector's registration updated through
the automatic voter registration system under section 3503.11 of the
Revised Code;
(e)
Submitting an application through the online voter registration
system under section 3503.20 of the Revised Code;
(f)
Submitting a voter registration or change of address or change of
name form in person to the election officials
on
election day at any polling place where the elector is eligible to
vote
,
in the manner provided under section 3503.16 of the Revised Code
.
(2)
Any
state or local office of a designated agency, a public high school or
vocational school, a public library, or the office of a county
treasurer shall transmit any voter registration application or change
of registration form that it receives to the board of elections of
the county in which the state or local office is located, within five
days after receiving the voter registration application or change of
registration form. The office of the registrar or any deputy
registrar of motor vehicles shall transmit any electronic voter
registration application or change of registration that it receives
to the secretary of state within twenty-four hours after receiving
it, and shall transmit any paper voter registration application or
change of registration form that it receives to the board of
elections of the county in which the office of the registrar or
deputy registrar is located within five days after receiving the
voter registration application or change of registration form, as
required under section 3503.11 of the Revised Code.
(3)(a)
An
otherwise valid voter registration application that is returned to
the appropriate office other than by mail must be received by a state
or local office of a designated agency, the office of the registrar
or any deputy registrar of motor vehicles, a public high school or
vocational school, a public library, the office of a county
treasurer, the office of the secretary of state, or the office of a
board of elections no later than the thirtieth day preceding a
primary, special, or general election for the person to qualify as an
elector eligible to vote at that election. An otherwise valid
registration application received after that day entitles the elector
to vote at all subsequent elections.
(b)
A person who is eligible to register to vote and has submitted
information to the bureau of motor vehicles or department of medicaid
under section 3503.11 of the Revised Code in order to be registered
to vote is considered to be registered to vote upon submitting that
information to the bureau or department. The person shall be eligible
to vote at the next election that occurs within the time frame
required for a person to be registered to vote.
(4)
Any
state or local office of a designated agency, the office of the
registrar or any deputy registrar of motor vehicles, a public high
school or vocational school, a public library, or the office of a
county treasurer shall date stamp a registration application or
change of name or change of address form it receives using a date
stamp that does not disclose the identity of the state or local
office that receives the registration.
(5)
Voter
registration applications, if otherwise valid, that are returned by
mail to the office of the secretary of state or to the office of a
board of elections must be postmarked no later than the thirtieth day
preceding a primary, special, or general election in order for the
person to qualify as an elector eligible to vote at that election. If
an otherwise valid voter registration application that is returned by
mail does not bear a postmark or a legible postmark, the registration
shall be valid for that election if received by the office of the
secretary of state or the office of a board of elections no later
than twenty-five days preceding any special, primary, or general
election.
(B)(1)
Any person may apply in person, by telephone, by mail, or through
another person for voter registration forms to the office of the
secretary of state or the office of a board of elections. An
individual who is eligible to vote as a uniformed services voter or
an overseas voter in accordance with
42
52
U.S.C.
1973ff-6
20310
also
may apply for voter registration forms by electronic means to the
office of the secretary of state or to the board of elections of the
county in which the person's voting residence is located pursuant to
section 3503.191 of the Revised Code.
(2)(a)
An applicant may return the applicant's completed registration form
in person or by mail to any state or local office of a designated
agency, to a public high school or vocational school, to a public
library, to the office of a county treasurer, to the office of the
secretary of state, or to the office of a board of elections. An
applicant who is eligible to vote as a uniformed services voter or an
overseas voter in accordance with
42
52
U.S.C.
1973ff-6
20310
also
may return the applicant's completed voter registration form
electronically to the office of the secretary of state or to the
board of elections of the county in which the person's voting
residence is located pursuant to section 3503.191 of the Revised
Code.
(b)
Subject to division (B)(2)(c) of this section, an applicant may
return the applicant's completed registration form through another
person to any board of elections or the office of the secretary of
state.
(c)
A person who receives compensation for registering a voter shall
return any registration form entrusted to that person by an applicant
to any board of elections or to the office of the secretary of state.
(d)
If a board of elections or the office of the secretary of state
receives a registration form
under
division (B)(2)(b) or (c) of this section
before
the thirtieth day before an election, the board or the office of the
secretary of state, as applicable, shall forward the registration to
the board of elections of the county in which the applicant is
seeking to register to vote within ten days after receiving the
application. If a board of elections or the office of the secretary
of state receives a registration form
under
division (B)(2)(b) or (c) of this section
on
or after the thirtieth day before an election, the board or the
office of the secretary of state, as applicable, shall forward the
registration to the board of elections of the county in which the
applicant is seeking to register to vote within thirty days after
that election.
(C)(1)
(C)(1)(a)
A
board of elections that receives a voter registration
application
or
change of address or change of name form
and
is satisfied as to the truth of the statements made in the
registration
form
shall register the applicant
or
update the elector's registration, as applicable,
not
later than twenty business days after receiving the application,
unless that application is received during the thirty days
immediately preceding the day of an election. The board shall
promptly
notify
send
the
applicant
in
writing of each
or
elector an acknowledgement notice that includes all
of
the following:
(a)
(i)
The
applicant's
registration
fact
that the person has been registered to vote or had the person's
registration updated, as applicable
;
(b)
(ii)
The precinct in which the
applicant
person
is
to vote;
(c)
(iii)
In bold type as follows:
"Voters
must bring photo identification to the polls in order to verify
identity. Voters who do not provide photo identification will still
be able to vote by casting a provisional ballot."
(iv)
If the person was registered to vote or had the person's registration
updated through the automatic voter registration system described in
section 3503.11 of the Revised Code, the process to cancel the
person's registration or to submit corrected registration information
to the board of elections.
The
notification
acknowledgement
notice
shall
be
sent
by
nonforwardable mail. If the mail is returned to the board, it shall
investigate and cause the
notification
acknowledgement
notice
to
be delivered to the correct address.
(b)
If the board of elections receives a voter registration or change of
address or change of name form that is incomplete, the board shall
send the applicant or elector an acknowledgment notice informing the
person of the information necessary to complete or update the
person's registration.
(2)
If, after investigating as required under division
(C)(1)
(C)(1)(a)
of this section, the board is unable to verify the voter's correct
address, it shall cause the voter's name in the official registration
list and in the poll list or signature pollbook to be marked to
indicate that the voter's notification was returned to the board.
At
the first election at which a voter whose name has been so marked
appears to vote, the voter shall be required to vote by provisional
ballot under section 3505.181 of the Revised Code. If the provisional
ballot is counted pursuant to division (B)(3) of section 3505.183 of
the Revised Code, the board shall correct that voter's registration,
if needed, and shall remove the indication that the voter's
notification was returned from that voter's name on the official
registration list and on the poll list or signature pollbook. If the
provisional ballot is not counted pursuant to division (B)(4)(a)(i),
(v), or (vi) of section 3505.183 of the Revised Code, the voter's
registration shall be canceled. The board shall notify the voter by
United States mail of the cancellation.
(3)
If a notice of the disposition of an otherwise valid registration
application is sent by nonforwardable mail and is returned
undelivered, the person shall be registered as provided in division
(C)(2) of this section and sent a confirmation notice by forwardable
mail. If the person fails to respond to the confirmation notice,
update the person's registration, or vote by provisional ballot as
provided in division (C)(2) of this section in any election during
the period of two federal elections subsequent to the mailing of the
confirmation notice, the person's registration shall be canceled.
Sec.
3503.21.
(A)
The
A
voter
registration
of
a registered elector
shall
be canceled upon the occurrence of any of the following:
(1)
The filing by a registered elector of a written request with a board
of elections or the secretary of state, on a form prescribed by the
secretary of state and signed by the elector, that the registration
be canceled. The filing of such a request does not prohibit an
otherwise qualified elector from reregistering to vote at any time.
(2)
The filing of a notice of the death of a registered elector as
provided in section 3503.18 of the Revised Code;
(3)
The filing with the board of elections of a certified copy of the
death certificate of a registered elector by the deceased elector's
spouse, parent, or child, by the administrator of the deceased
elector's estate, or by the executor of the deceased elector's will;
(4)
The conviction of the registered elector of a felony under the laws
of this state, any other state, or the United States as provided in
section 2961.01 of the Revised Code;
(5)
The adjudication of incompetency of the registered elector for the
purpose of voting as provided in section 5122.301 of the Revised
Code;
(6)
The change of residence of the registered elector to a location
outside the
county
of registration in accordance with division (B) of this section
state
;
(7)
The failure of the registered elector, after having been mailed a
confirmation notice, to do either of the following:
(a)
Respond to such a notice and vote at least once during a period of
four consecutive years, which period shall include two general
federal elections;
(b)
Update the elector's registration and vote at least once during a
period of four consecutive years, which period shall include two
general federal elections.
(8)
The
declination of an elector who has been registered to vote under
section 3503.11 of the Revised Code, as described in division
(C)(3)(b) of that section;
(9)
The
receipt by the board of elections of a cancellation notice or request
pursuant to section 111.44 of the Revised Code.
(B)(1)
The secretary of state shall prescribe procedures to identify and
cancel the registration in a prior county of residence of any
registrant who changes the registrant's voting residence to a
location outside the registrant's current county of registration. Any
procedures prescribed in this division shall be uniform and
nondiscriminatory, and shall comply with the Voting Rights Act of
1965. The secretary of state may prescribe procedures under this
division that include the use of the national change of address
service provided by the United States postal system through its
licensees. Any program so prescribed shall be completed not later
than ninety days prior to the date of any primary or general election
for federal office.
(2)
The registration of any elector identified as having changed the
elector's voting residence to a location outside the elector's
current county of registration shall not be canceled unless the
registrant is sent a confirmation notice on a form prescribed by the
secretary of state and the registrant fails to respond to the
confirmation notice or otherwise update the registration and fails to
vote in any election during the period of two federal elections
subsequent to the mailing of the confirmation notice.
(C)
(B)
The registration of a registered elector shall not be canceled except
as provided in this section, section 111.44 of the Revised Code,
division (Q) of section 3501.05 of the Revised Code,
division
(C)(3)(b) of section 3503.11 of the Revised Code,
division
(C)(2) of section 3503.19 of the Revised Code, or division (C) of
section 3503.24 of the Revised Code.
(D)
Boards of elections shall send their voter registration information
to the secretary of state as required under section 3503.15 of the
Revised Code. The secretary of state may prescribe by rule adopted
pursuant to section 111.15 of the Revised Code the format in which
the boards of elections must send that information to the secretary
of state. In the first quarter of each year, the secretary of state
shall send the information to the national change of address service
described in division (B) of this section and request that service to
provide the secretary of state with a list of any voters sent by the
secretary of state who have moved within the last twelve months. The
secretary of state shall transmit to each appropriate board of
elections whatever lists the secretary of state receives from that
service. The board shall send a notice to each person on the list
transmitted by the secretary of state requesting confirmation of the
person's change of address, together with a postage prepaid,
preaddressed return envelope containing a form on which the voter may
verify or correct the change of address information.
(E)
(C)
The
registration of a registered elector described in division (A)(7)
or
(B)(2)
of
this section shall be canceled not later than one hundred twenty days
after the date of the second general federal election in which the
elector fails to vote or not later than one hundred twenty days after
the expiration of the four-year period in which the elector fails to
vote or respond to a confirmation notice, whichever is later.
(F)(1)
(D)(1)
When
a registration is canceled pursuant to division (A)(2) or (3) of this
section, the applicable board of elections shall send a written
notice, on a form prescribed by the secretary of state, to the
address at which the elector was registered, informing the recipient
that the elector's registration has been canceled, of the reason for
the cancellation, and that if the cancellation was made in error, the
elector may contact the board of elections to correct the error.
(2)
If the elector's registration is canceled pursuant to division (A)(2)
or (3) of this section in error, it shall be restored and treated as
though it were never canceled.
Sec.
3503.28.
(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
submitting
an
applicant's completed registration
form
application
;
(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
and
manner in
which
a person may
return
an applicant's completed registration form
register
or be registered to vote
;
(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)
The
manner in which a person may decline to be registered to vote under
the automatic voter registration system described in section 3503.11
of the Revised Code;
(7)
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."
(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.
3503.30.
(A)
When
by mistake a qualified elector has caused
himself
the
elector
to be registered in a precinct
which
was
that
is
not
his
the
elector's
place of residence, the board of elections, on full and satisfactory
proof that such error was committed by mistake, may, on
his
the
elector's
personal application and proof of
his
the
elector's
true residence, correct
his
the
elector's
registration form. The board may correct all errors occurring in the
registration of electors when it finds that the errors subject to
correction were not of fraudulent intent.
(B)
When by mistake a qualified elector has been registered under section
3503.11 of the Revised Code in a precinct or under a name that is not
the elector's place of residence or name, the board of elections,
upon proof of the elector's true residence or name, as applicable,
shall correct the elector's registration form. If the elector casts a
provisional ballot because the elector's registration has been
updated erroneously under that section, the elector's provisional
ballot shall be eligible to be counted, as described in division (E)
of section 3505.183 of the Revised Code.
Sec.
3503.33.
(A)
If
an elector applying for registration is already registered in another
state or in another county within this state, the elector shall
declare this fact
to
on
the
registration
officer
and shall sign
form,
which shall operate as
an
authorization to cancel the previous registration
on a form prescribed by the secretary of state
.
(B)
When the board of elections registers a person to vote or updates a
person's registration under section 3503.11 of the Revised Code, if
the board is aware of the person's previous residence address and
that address is located in another state or in another county within
this state, the board shall create a notice to cancel the previous
registration for the purpose of complying with division (C) of this
section.
(C)
The
director
of the
board
of elections shall mail all
such
authorizations
and notices described in division (A) or (B) of this section
to the board of elections or comparable agency of the proper state
and county.
In
the case of a notice described in division (B) of this section, the
board shall include with the notice a copy of the elector's most
recent registration form.
Upon
the receipt of this authorization from the forwarding county, the
director of a board of elections in Ohio, upon a comparison of the
elector's signature with the elector's signature as it appears on the
registration files, shall remove the elector's registration from the
files, and place it with the cancellation authorization in a separate
file which shall be kept for a period of two calendar years.
The
The
board
shall notify the elector at the present address as shown on the
cancellation authorization
or
notice
that
his
the
elector's prior
registration has been canceled.
(D)
If, after the cancellation of an elector's prior registration under
division (C) of this section, the board of elections that sent the
notice under division (B) of this section receives a declination to
register or to update the elector's registration under section
3503.11 of the Revised Code, the board shall notify the board of
elections or comparable agency to which the board sent the notice
under division (B) of this section to restore the elector's previous
registration and treat it as though it were never canceled.
Sec.
3505.181.
(A)
All of the following individuals shall be permitted to cast a
provisional ballot at an election:
(1)
An individual who declares that the individual is a registered voter
in the precinct in which the individual desires to vote and that the
individual is eligible to vote in an election, but the name of the
individual does not appear on the official list of eligible voters
for the precinct or an election official asserts that the individual
is not eligible to vote;
(2)
An individual who does not have or is unable to provide photo
identification to the election officials;
(3)
An individual whose name in the poll list or signature pollbook has
been marked under section 3509.09 or 3511.13 of the Revised Code as
having requested an absent voter's ballot or a uniformed services or
overseas absent voter's ballot for that election and who appears to
vote at the polling place;
(4)
An individual whose
name
in the poll list or signature pollbook has been marked because the
individual's
notification
of registration has been returned undelivered to the board of
elections
and whose name in the official registration list and in the poll list
or signature pollbook has been marked under division (C)(2) of
section 3503.19 of the Revised Code
;
(5)
An individual who has been successfully challenged under section
3505.20 or 3513.20 of the Revised Code;
(6)
An individual who changes the individual's name and remains within
the precinct without providing proof of that name change under
division (B)(1)(b) of section 3503.16 of the Revised Code, moves from
one precinct to another within a county, moves from one precinct to
another and changes the individual's name, or moves from one county
to another within the state, and completes and signs the required
forms and statements under division (B) or (C) of section 3503.16 of
the Revised Code;
(7)
An individual whose signature, in the opinion of the precinct
officers under section 3505.22 of the Revised Code, is not that of
the person who signed that name in the registration forms.
(B)
An individual who is eligible to cast a provisional ballot under
division (A) of this section shall be permitted to cast a provisional
ballot as follows:
(1)
An election official at the polling place shall notify the individual
that the individual may cast a provisional ballot in that election.
(2)
Except as otherwise provided in division (F) of this section, the
individual shall complete and execute a written affirmation before an
election official at the polling place stating that the individual is
both of the following:
(a)
A registered voter in the precinct in which the individual desires to
vote;
(b)
Eligible to vote in that election.
(3)
An election official at the polling place shall transmit the ballot
cast by the individual and the voter information contained in the
written affirmation executed by the individual under division (B)(2)
of this section to an appropriate local election official for
verification under division (B)(4) of this section.
(4)
If the appropriate local election official to whom the ballot or
voter or address information is transmitted under division (B)(3) of
this section determines that the individual is eligible to vote, the
individual's provisional ballot shall be counted as a vote in that
election.
(5)(a)
At the time that an individual casts a provisional ballot, the
appropriate local election official shall give the individual written
information that states that any individual who casts a provisional
ballot will be able to ascertain under the system established under
division (B)(5)(b) of this section whether the vote was counted, and,
if the vote was not counted, the reason that the vote was not
counted.
(b)
The appropriate state or local election official shall establish a
free access system, in the form of a toll-free telephone number, that
any individual who casts a provisional ballot may access to discover
whether the vote of that individual was counted, and, if the vote was
not counted, the reason that the vote was not counted. The free
access system established under this division also shall provide to
an individual whose provisional ballot was not counted information
explaining how that individual may contact the board of elections to
register to vote or to resolve problems with the individual's voter
registration.
The
appropriate state or local election official shall establish and
maintain reasonable procedures necessary to protect the security,
confidentiality, and integrity of personal information collected,
stored, or otherwise used by the free access system established under
this division. The system shall permit an individual only to gain
access to information about the individual's own provisional ballot.
(6)
If, at the time that an individual casts a provisional ballot, the
individual provides photo identification, the individual shall record
the type of identification provided on the provisional ballot
affirmation and, if the individual provides an Ohio driver's license,
state identification card, or interim identification document, the
individual also shall write the individual's driver's license or
state identification card number on the provisional ballot
affirmation.
(7)(a)
For a provisional ballot to be eligible to be counted when it is cast
by an individual who does not have photo identification because the
individual has a religious objection to being photographed, the
individual shall complete an affidavit of religious objection under
section 3505.19 of the Revised Code. The election officials shall
attach the affidavit to the individual's provisional ballot envelope.
If the individual does not complete the affidavit at the time of
casting the provisional ballot, the individual may appear at the
office of the board of elections within four days after the day of
the election and complete the affidavit.
(b)
For a provisional ballot to be eligible to be counted when it is cast
by any other individual who does not have or is unable to provide
photo identification to the election officials, the individual who
cast that ballot, within four days after the day of the election,
shall appear at the office of the board of elections and provide
photo identification.
(8)
For a provisional ballot cast by an individual who has been
successfully challenged under section 3505.20 of the Revised Code to
be eligible to be counted, the individual who cast that ballot,
within four days after the day of that election, shall provide to the
board of elections any identification or other documentation required
to be provided by the applicable challenge questions asked of that
individual under section 3505.20 of the Revised Code.
(C)(1)
If an individual declares that the individual is eligible to vote in
a precinct other than the precinct in which the individual desires to
vote, or if, upon review of the precinct voting location guide using
the residential street address provided by the individual, an
election official at the precinct at which the individual desires to
vote determines that the individual is not eligible to vote in that
precinct, the election official shall direct the individual to the
precinct and polling place in which the individual appears to be
eligible to vote, explain that the individual may cast a provisional
ballot at the current location but the ballot or a portion of the
ballot will not be counted if it is cast in the wrong precinct, and
provide the telephone number of the board of elections in case the
individual has additional questions.
(2)
If the individual refuses to travel to the correct precinct or to the
office of the board of elections to cast a ballot, the individual
shall be permitted to vote a provisional ballot at that precinct in
accordance with division (B) of this section. If the individual is in
the correct polling location for the precinct in which the individual
is registered and eligible to vote, the election official shall
complete and sign, under penalty of election falsification, a form
that includes all of the following, and attach the form to the
individual's provisional ballot affirmation:
(a)
The name or number of the individual's correct precinct;
(b)
A statement that the election official instructed the individual to
travel to the correct precinct to vote;
(c)
A statement that the election official informed the individual that
casting a provisional ballot in the wrong precinct would result in
all or a portion of the votes on the ballot being rejected;
(d)
The name or number of the precinct in which the individual is casting
a provisional ballot; and
(e)
The name of the polling location in which the individual is casting a
provisional ballot.
(D)
The appropriate local election official shall cause voting
information to be publicly posted at each polling place on the day of
each election.
(E)
As used in this section and sections 3505.182 and 3505.183 of the
Revised Code:
(1)
"Precinct voting location guide" means either of the
following:
(a)
An electronic or paper record that lists the correct precinct and
polling place for either each specific residential street address in
the county or the range of residential street addresses located in
each neighborhood block in the county;
(b)
Any other method that a board of elections creates that allows a
precinct election official or any elector who is at a polling place
in that county to determine the correct precinct and polling place of
any qualified elector who resides in the county.
(2)
"Voting information" means all of the following:
(a)
A sample version of the ballot that will be used for that election;
(b)
Information regarding the date of the election and the hours during
which polling places will be open;
(c)
Instructions on how to vote, including how to cast a vote and how to
cast a provisional ballot;
(d)
Instructions for mail-in registrants and first-time voters under
applicable federal and state laws;
(e)
General information on voting rights under applicable federal and
state laws, including information on the right of an individual to
cast a provisional ballot and instructions on how to contact the
appropriate officials if these rights are alleged to have been
violated;
(f)
General information on federal and state laws regarding prohibitions
against acts of fraud and misrepresentation.
(F)
Nothing in this section or section 3505.183 of the Revised Code is in
derogation of section 3505.24 of the Revised Code, which permits a
blind, disabled, or illiterate elector to receive assistance in the
marking of the elector's ballot by two precinct election officials of
different political parties. A blind, disabled, or illiterate elector
may receive assistance in marking that elector's provisional ballot
and in completing the required affirmation in the same manner as an
elector may receive assistance on the day of an election under that
section.
Sec.
3505.183.
(A)
When the ballot boxes are delivered to the board of elections from
the precincts, the board shall separate the provisional ballot
envelopes from the rest of the ballots. Teams of employees of the
board consisting of one member of each major political party shall
place the sealed provisional ballot envelopes in a secure location
within the office of the board. The sealed provisional ballot
envelopes shall remain in that secure location until the validity of
those ballots is determined under division (B) of this section. While
the provisional ballot is stored in that secure location, and prior
to the counting of the provisional ballots, if the board receives
information regarding the validity of a specific provisional ballot
under division (B) of this section, the board may note, on the sealed
provisional ballot envelope for that ballot, whether the ballot is
valid and entitled to be counted.
(B)(1)
To determine whether a provisional ballot is valid and entitled to be
counted, the board shall examine its records and determine whether
the individual who cast the provisional ballot is registered and
eligible to vote in the applicable election. The board shall examine
the information contained in the written affirmation executed by the
individual who cast the provisional ballot under division (B)(2) of
section 3505.181 of the Revised Code. The following information shall
be included in the written affirmation in order for the provisional
ballot to be eligible to be counted:
(a)
The individual's printed name, signature, date of birth, and current
address;
(b)
A statement that the individual is a registered voter in the precinct
in which the provisional ballot is being voted;
(c)
A statement that the individual is eligible to vote in the election
in which the provisional ballot is being voted.
(2)
In addition to the information required to be included in an
affirmation under division (B)(1) of this section, in determining
whether a provisional ballot is valid and entitled to be counted, the
board also shall examine any additional information for determining
ballot validity provided by the provisional voter on the affirmation,
provided by the provisional voter to an election official under
section 3505.182 of the Revised Code, or provided to the board of
elections during the four days after the day of the election under
division (B)(7) or (8) of section 3505.181 of the Revised Code, to
assist the board in determining the individual's eligibility to vote.
(3)
If, in examining a provisional ballot affirmation and additional
information under divisions (B)(1) and (2) of this section and
comparing the information required under division (B)(1) of this
section with the individual's information in the statewide voter
registration database, the board determines that all of the following
apply, the provisional ballot envelope shall be opened, and the
ballot shall be placed in a ballot box to be counted:
(a)
The individual named on the affirmation is properly registered to
vote.
(b)
The
Except
as otherwise provided in divisions (D) and (E) of this section, the
individual
named on the affirmation is eligible to cast a ballot in the precinct
and for the election in which the individual cast the provisional
ballot.
(c)
The individual provided all of the information required under
division (B)(1) of this section in the affirmation that the
individual executed at the time the individual cast the provisional
ballot.
(d)
One of the following applies:
(i)
The individual provided photo identification at the time of casting
the provisional ballot or appeared at the office of the board within
four days after the day of the election and provided photo
identification. If the individual provided the individual's Ohio
driver's license or state identification card or an interim
identification form, the individual provided the individual's
driver's license number or state identification card number and the
number is not different from the individual's driver's license number
or state identification card number contained in the statewide voter
registration database.
(ii)
The individual completed an affidavit of religious objection under
section 3505.19 of the Revised Code at the time of casting the
provisional ballot or at the office of the board within four days
after the day of the election and the affidavit is valid under that
section.
(e)
Except as otherwise provided in this division, the month and day of
the individual's date of birth are not different from the day and
month of the individual's date of birth contained in the statewide
voter registration database.
This
division does not apply to an individual's provisional ballot if
either of the following is true:
(i)
The individual's date of birth contained in the statewide voter
registration database is January 1, 1800.
(ii)
The board of elections has found, by a vote of at least three of its
members, that the individual has met all other requirements of
division (B)(3) of this section.
(f)
The individual's current address is not different from the
individual's address contained in the statewide voter registration
database, unless the individual indicated that the individual is
casting a provisional ballot because the individual has moved and has
not submitted a notice of change of address, as described in division
(A)(6) of section 3505.181 of the Revised Code
,
and except as otherwise provided in division (E) of this section
.
(g)
If applicable, the individual provided any additional information
required under division (B)(8) of section 3505.181 of the Revised
Code within four days after the day of the election.
(4)(a)
Except as otherwise provided in
division
divisions
(D)
and
(E)
of
this section, if, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of this section
and comparing the information required under division (B)(1) of this
section with the individual's information in the statewide voter
registration database, the board determines that any of the following
applies, the provisional ballot envelope shall not be opened, and the
ballot shall not be counted:
(i)
The individual named on the affirmation is not qualified or is not
properly registered to vote.
(ii)
The individual named on the affirmation is not eligible to cast a
ballot in the precinct or for the election in which the individual
cast the provisional ballot.
(iii)
The individual did not provide all of the information required under
division (B)(1) of this section in the affirmation that the
individual executed at the time the individual cast the provisional
ballot.
(iv)
The individual has already cast a ballot for the election in which
the individual cast the provisional ballot.
(v)
If applicable, the individual did not provide any additional
information required under division (B)(8) of section 3505.181 of the
Revised Code within four days after the day of the election.
(vi)
The individual failed to provide photo identification, to provide the
individual's driver's license or state identification card number if
the individual provided photo identification in the form of an Ohio
driver's license or state identification card or an interim
identification form, or to complete an affidavit of religious
objection.
(vii)
The individual failed to execute an affirmation under division (B) of
section 3505.181 of the Revised Code.
(viii)
The individual provided photo identification in the form of an Ohio
driver's license or state identification card or an interim
identification form and the driver's license number or state
identification card number the individual provided is different from
the individual's driver's license number or state identification card
number contained in the statewide voter registration database.
(ix)
The individual completed an affidavit of religious objection under
section 3505.19 of the Revised Code, but the affidavit is not valid
under that section.
(x)
Except as otherwise provided in this division, the month and day of
the individual's date of birth are different from the day and month
of the individual's date of birth contained in the statewide voter
registration database.
This
division does not apply to an individual's provisional ballot if
either of the following is true:
(I)
The individual's date of birth contained in the statewide voter
registration database is January 1, 1800.
(II)
The board of elections has found, by a vote of at least three of its
members, that the individual has met all of the requirements of
division (B)(3) of this section, other than the requirements of
division (B)(3)(e) of this section.
(xi)
The individual's current address is different from the individual's
address contained in the statewide voter registration database,
unless the individual indicated that the individual is casting a
provisional ballot because the individual has moved and has not
submitted a notice of change of address, as described in division
(A)(6) of section 3505.181 of the Revised Code.
(b)
If, in examining a provisional ballot affirmation and additional
information under divisions (B)(1) and (2) of this section and
comparing the information required under division (B)(1) of this
section with the individual's information in the statewide voter
registration database, the board is unable to determine either of the
following, the provisional ballot envelope shall not be opened, and
the ballot shall not be counted:
(i)
Whether the individual named on the affirmation is qualified or
properly registered to vote;
(ii)
Whether the individual named on the affirmation is eligible to cast a
ballot in the precinct or for the election in which the individual
cast the provisional ballot.
(C)
For each provisional ballot rejected under division (B)(4) of this
section, the board shall record the name of the provisional voter who
cast the ballot, the identification number of the provisional ballot
envelope, the names of the election officials who determined the
validity of that ballot, the date and time that the determination was
made, and the reason that the ballot was not counted, unless the
board has already recorded that information in another database.
(D)(1)
If an individual cast a provisional ballot in a precinct in which the
individual is not registered and eligible to vote, but in the correct
polling location for the precinct in which the individual is
registered and eligible to vote, and the election official failed to
direct the individual to the correct precinct, the individual's
ballot shall be remade under division (D)(2) of this section. The
election official shall be deemed to have directed the individual to
the correct precinct if the election official correctly completed the
form described in division (C)(2) of section 3505.181 of the Revised
Code.
(2)
A board of elections that remakes a provisional ballot under division
(D)(1) of this section shall remake the provisional ballot on a
ballot for the appropriate precinct to reflect the offices,
questions, and issues for which the individual was eligible to cast a
ballot and for which the individual attempted to cast a provisional
ballot. The remade ballot shall be counted for each office, question,
and issue for which the individual was eligible to vote.
(3)
If
Except
as otherwise provided in division (E)(2) of this section, if
an
individual cast a provisional ballot in a precinct in which the
individual is not registered and eligible to vote and in the
incorrect polling location for the precinct in which the individual
is registered and eligible to vote, the provisional ballot envelope
shall not be opened, and the ballot shall not be counted.
(E)
Provisional
(E)(1)
If the board determines that a provisional ballot is not eligible to
be counted under this section because the individual's address
provided on the provisional ballot affirmation is different from the
address contained in the statewide voter registration database,
because the individual's name and signature provided on the
provisional ballot affirmation are different from the name and
signature contained in the statewide voter registration database, or
both, and both of the following are true, the board shall correct the
individual's voter registration record to reflect the information
provided in the provisional ballot affirmation, and the provisional
ballot nonetheless shall be eligible to be counted:
(a)
The individual's voter registration was most recently updated through
the automatic voter registration system described in section 3503.11
of the Revised Code and not at the request of the individual or using
information the individual submitted to the board of elections or the
secretary of state.
(b)
The individual's voter registration correctly reflected the
individual's address, name, and signature, as provided on the
provisional ballot affirmation, immediately before that update
occurred.
(2)
If an individual who cast a provisional ballot that is eligible to be
counted under division (E)(1) of this section cast that ballot in the
precinct indicated by the individual's voter registration record as
updated through the automatic voter registration system, and not in
the precinct in which the individual resides, the board shall remake
the provisional ballot on a ballot for the precinct in which the
individual resides to reflect the offices, questions, and issues for
which the individual was eligible to cast a ballot and for which the
individual attempted to cast a provisional ballot. The remade ballot
shall be counted for each office, question, and issue for which the
individual was eligible to vote.
(F)
Provisional
ballots
that are rejected under division (B)(4) of this section shall not be
counted but shall be preserved in their provisional ballot envelopes
unopened until the time provided by section 3505.31 of the Revised
Code for the destruction of all other ballots used at the election
for which ballots were provided, at which time they shall be
destroyed.
(F)
(G)
Provisional
ballots that the board determines are eligible to be counted under
division
(B)(3) or (D) of
this
section shall be counted in the same manner as provided for other
ballots under section 3505.27 of the Revised Code. No provisional
ballots shall be counted in a particular county until the board
determines the eligibility to be counted of all provisional ballots
cast in that county under
division
(B) of
this
section for that election. Observers, as provided in section 3505.21
of the Revised Code, may be present at all times that the board is
determining the eligibility of provisional ballots to be counted and
counting those provisional ballots determined to be eligible. No
person shall recklessly disclose the count or any portion of the
count of provisional ballots in such a manner as to jeopardize the
secrecy of any individual ballot.
(G)(1)
(H)(1)
Except
as otherwise provided in division
(G)(2)
(H)(2)
of
this section, nothing in this section shall prevent a board of
elections from examining provisional ballot affirmations and
additional information under
divisions
(B)(1) and (2) of
this
section to determine the eligibility of provisional ballots to be
counted during the seven days after the day of an election.
(2)
A board of elections shall not examine the provisional ballot
affirmation and additional information under
divisions
(B)(1) and (2) of
this
section of any provisional ballot cast by an individual who must
provide photo identification, complete an affidavit of religious
objection, or provide additional information to the board of
elections under division (B)(7) or (8) of section 3505.181 of the
Revised Code for the board to determine the individual's eligibility
until the individual does so or until the eighth day after the day of
the election, whichever is earlier.
Sec.
3599.11.
(A)
No
(A)(1)
Subject to division (A)(2) of this section, no
person
shall
knowingly
do
any of the following:
(a)
Knowingly
register
or make application or attempt to register in a precinct in which the
person is not a qualified voter;
or
knowingly
(b)
Knowingly
aid
or abet any person to so register;
or
attempt
(c)
Knowingly attempt
to
register or knowingly induce or attempt to induce any person to so
register;
or
knowingly
(d)
Knowingly
impersonate
another or write or assume the name of another, real or fictitious,
in registering or attempting to register;
or
by
(e)
By
false
statement or other unlawful means
,
knowingly
procure, aid, or attempt to procure the erasure or striking out on
the register or duplicate list of the name of a qualified elector
therein;
or
knowingly
(f)
Knowingly
induce
or attempt to induce a registrar or other election authority to
refuse registration in a precinct to an elector thereof;
or
knowingly
(g)
Knowingly
swear
or affirm falsely upon a lawful examination by or before any
registering officer;
or
make
(h)
Knowingly make
,
print, or issue any false or counterfeit certificate of registration
or knowingly alter any certificate of registration
.
No
person shall knowingly
;
(i)
Knowingly
register
under more than one name or knowingly induce any person to so
register
.
No
person shall knowingly
;
(j)
Knowingly
make
any false statement on any form for registration or change of
registration or upon any application or return envelope for an absent
voter's ballot.
(2)(a)
A person whose voter registration or preregistration or voter
registration or preregistration update is processed through the
automatic voter registration system described in section 3503.11 of
the Revised Code and who is not a qualified voter or person eligible
to preregister in the precinct or under the name indicated violates
division (A)(1) of this section only if the person knowingly provides
or attempts to provide false information with the intention of
registering or preregistering or submitting a registration or
preregistration update using that information.
(b)
A person who aids, abets, induces, or attempts to induce another
person to have the other person's voter registration or
preregistration or voter registration or preregistration update
processed through the automatic voter registration system described
in section 3503.11 of the Revised Code when the other person is not a
qualified voter or person eligible to preregister in the precinct or
under the name indicated violates division (A)(1) of this section
only if the person knowingly causes or attempts to cause the other
person to be registered or preregistered to vote or to have the other
person's registration or preregistration updated using information
the person knows is false.
(3)
Whoever
violates
this
division
(A)(1)
of this section
is
guilty of a felony of the fifth degree.
(B)(1)
No person who helps another person register outside an official voter
registration place shall knowingly destroy, or knowingly help another
person to destroy, any completed registration form.
Whoever
violates this division is guilty of election falsification, a felony
of the fifth degree.
(2)(a)
(2)
No person who helps another person register outside an official voter
registration place shall knowingly fail to
return
cause
any
registration form entrusted to that person to
be
returned to
any
board of elections or the office of the secretary of state within ten
days after that
regsitration
registration
form is completed, or on or before the thirtieth day before the
election, whichever day is earlier, unless the registration form is
received by the person within twenty-four hours of the thirtieth day
before the election, in which case the person shall
return
cause
the
registration form
to
be returned
to
any board of elections or the office of the secretary of state within
ten days of its receipt.
Whoever
violates this division is guilty of election falsification, a felony
of the fifth degree, unless the person has not previously been
convicted of a violation of
this
division
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section
,
the violation of this division does not cause any person to miss any
voter registration deadline with regard to any election, and the
number of voter registration forms that the violator has failed to
properly return does not exceed forty-nine, in which case the
violator is guilty of a misdemeanor of the first degree.
(b)
Subject to division (C)(2) of this section, no person who helps
another person register outside an official registration place shall
knowingly return any registration form entrusted to that person to
any location other than any board of elections or the office of the
secretary of state.
Whoever
violates this division is guilty of election falsification, a felony
of the fifth degree, unless the person has not previously been
convicted of a violation of division (B)(2)(a), (B)(2)(b), (C)(1), or
(C)(2) of this section, the violation of this division does not cause
any person to miss any voter registration deadline with regard to any
election, and the number of voter registration forms that the
violator has failed to properly return does not exceed forty-nine, in
which case the violator is guilty of a misdemeanor of the first
degree.
(C)(1)
No person who receives compensation for registering a voter shall
knowingly fail to return any registration form entrusted to that
person to any board of elections or the office of the secretary of
state within ten days after that voter registration form is
completed, or on or before the thirtieth day before the election,
whichever is earlier, unless the registration form is received by the
person within twenty-four hours of the thirtieth day before the
election, in which case the person shall return the registration form
to any board of elections or the office of the secrtary of state
within ten days of its receipt.
Whoever
violates this division is guilty of election falsification, a felony
of the fifth degree, unless the person has not previously been
convicted of a violation of division (B)(2)(a), (B)(2)(b), (C)(1), or
(C)(2) of this section, the violation of this division does not cause
any person to miss any voter registration deadline with regard to any
election, and the number of voter registration forms that the
violator has failed to properly return does not exceed forty-nine, in
which case the violator is guilty of a misdemeanor of the first
degree.
(2)
No person who receives compensation for registering a voter shall
knowingly return any registration form entrusted to that person to
any location other than any board of elections or the office of the
secretary of state.
Whoever
violates this division is guilty of election falsification, a felony
of the fifth degree, unless the person has not previously been
convicted of a violation of division (B)(2)(a), (B)(2)(b), (C)(1), or
(C)(2) of this section, the violation of this division does not cause
any person to miss any voter registration deadline with regard to any
election, and the number of voter registration forms that the
violator has failed to properly return does not exceed forty-nine, in
which case the violator is guilty of a misdemeanor of the first
degree.
(D)
As used in division (C) of this section, "registering a voter"
includes any effort, for compensation, to provide voter registration
forms or to assist persons in completing or returning those forms.
Sec.
3599.18.
(A)
No election official, person assisting in the registration of
electors, or police officer shall knowingly do any of the following:
(1)
Refuse, neglect, or unnecessarily delay, hinder, or prevent the
registration of a
qualified
elector
person
,
who in a lawful manner applies for registration
or who should be registered or have the person's registration updated
under section 3503.11 of the Revised Code
;
(2)
Enter or consent to the entry of a fictitious name on a voter
registration list;
(3)
Alter the name on or remove or destroy the registration card or form
of any qualified elector;
(4)
Neglect, unlawfully execute, or fail to execute any duty enjoined
upon that person as an election official, person assisting in the
registration of electors, or police officer.
(B)
Whoever violates division (A) of this section is guilty of a
misdemeanor of the first degree.
Sec.
4506.07.
(A)
An applicant for a commercial driver's license, restricted commercial
driver's license, or a commercial driver's license temporary
instruction permit, or a duplicate of such a license or permit, shall
submit an application upon a form approved and furnished by the
registrar of motor vehicles. Except as provided in section 4506.24 of
the Revised Code in regard to a restricted commercial driver's
license, the applicant shall sign the application which shall contain
the following information:
(1)
The applicant's name, date of birth, social security account number,
sex, general description including height, weight, and color of hair
and eyes, current residence, duration of residence in this state,
state of domicile, country of citizenship, and occupation;
(2)
Whether the applicant previously has been licensed to operate a
commercial motor vehicle or any other type of motor vehicle in
another state or a foreign jurisdiction and, if so, when, by what
state, and whether the license or driving privileges currently are
suspended or revoked in any jurisdiction, or the applicant otherwise
has been disqualified from operating a commercial motor vehicle, or
is subject to an out-of-service order issued under this chapter or
any similar law of another state or a foreign jurisdiction and, if
so, the date of, locations involved, and reason for the suspension,
revocation, disqualification, or out-of-service order;
(3)
Whether the applicant has any physical or mental disability or
disease that prevents the applicant from exercising reasonable and
ordinary control over a motor vehicle while operating it upon a
highway or is or has been subject to any condition resulting in
episodic impairment of consciousness or loss of muscular control and,
if so, the nature and extent of the disability, disease, or
condition, and the names and addresses of the physicians, certified
nurse-midwives if authorized as described in section 4723.438 of the
Revised Code, clinical nurse specialists, or certified nurse
practitioners attending the applicant;
(4)
Whether the applicant has obtained a medical examiner's certificate
as required by this chapter and, beginning January 30, 2012, the
applicant, prior to or at the time of applying, has self-certified to
the registrar the applicable status of the applicant under division
(A)(1) of section 4506.10 of the Revised Code;
(5)
Whether the applicant has pending a citation for violation of any
motor vehicle law or ordinance except a parking violation and, if so,
a description of the citation, the court having jurisdiction of the
offense, and the date when the offense occurred;
(6)
If an applicant has not certified the applicant's willingness to make
an anatomical gift under section 2108.05 of the Revised Code, whether
the applicant wishes to certify willingness to make such an
anatomical gift, which shall be given no consideration in the
issuance of a license;
(7)
Whether the applicant has executed a valid durable power of attorney
for health care pursuant to sections 1337.11 to 1337.17 of the
Revised Code or has executed a declaration governing the use or
continuation, or the withholding or withdrawal, of life-sustaining
treatment pursuant to sections 2133.01 to 2133.15 of the Revised Code
and, if the applicant has executed either type of instrument, whether
the applicant wishes the license issued to indicate that the
applicant has executed the instrument;
(8)
Whether the applicant is a veteran, active duty, or reservist of the
armed forces of the United States and, if the applicant is such,
whether the applicant wishes the license issued to indicate that the
applicant is a veteran, active duty, or reservist of the armed forces
of the United States by a military designation on the license.
(B)
Every applicant shall certify, on a form approved and furnished by
the registrar, all of the following:
(1)
That the motor vehicle in which the applicant intends to take the
driving skills test is representative of the type of motor vehicle
that the applicant expects to operate as a driver;
(2)
That the applicant is not subject to any disqualification or
out-of-service order, or license suspension, revocation, or
cancellation, under the laws of this state, of another state, or of a
foreign jurisdiction and does not have more than one driver's license
issued by this or another state or a foreign jurisdiction;
(3)
Any additional information, certification, or evidence that the
registrar requires by rule in order to ensure that the issuance of a
commercial driver's license or commercial driver's license temporary
instruction permit to the applicant is in compliance with the law of
this state and with federal law.
(C)
Every applicant shall execute a form, approved and furnished by the
registrar, under which the applicant consents to the release by the
registrar of information from the applicant's driving record.
(D)
The registrar or a deputy registrar, in accordance with section
3503.11 of the Revised Code, shall register as an elector any
applicant for a commercial driver's license or for a renewal or
duplicate of such a license under this chapter, if the applicant
is
appears
to be
eligible
and
wishes
to
be registered as an elector.
The
decision of an applicant whether to register as an elector shall be
given no consideration in the decision of whether to issue the
applicant a license or a renewal or duplicate.
(E)
The registrar or a deputy registrar, in accordance with section
3503.11 of the Revised Code, shall
offer
the opportunity of completing
transmit
information of
a
notice of change of residence or change of name
to
for
any
applicant for a commercial driver's license or for a renewal or
duplicate of such a license who is a resident of this state, if the
applicant is a registered elector who has changed the applicant's
residence or name and has not
previously
filed
such
a
notice
of change of residence or change of name
.
(F)
In considering any application submitted pursuant to this section,
the bureau of motor vehicles may conduct any inquiries necessary to
ensure that issuance or renewal of a commercial driver's license
would not violate any provision of the Revised Code or federal law.
(G)
In addition to any other information it contains, the form approved
and furnished by the registrar of motor vehicles for an application
for a commercial driver's license, restricted commercial driver's
license, or a commercial driver's license temporary instruction
permit or an application for a duplicate of such a license or permit
shall inform applicants that the applicant must present a copy of the
applicant's DD-214 or an equivalent document in order to qualify to
have the license, or permit, or duplicate indicate that the applicant
is a veteran, active duty, or reservist of the armed forces of the
United States based on a request made pursuant to division (A)(8) of
this section.
Sec.
4507.06.
(A)(1)
Every application for a driver's license, motorcycle operator's
license or endorsement, or motor-driven cycle or motor scooter
license or endorsement, or duplicate of any such license or
endorsement, shall be made upon the approved form furnished by the
registrar of motor vehicles and shall be signed by the applicant.
Every
application shall state the following:
(a)
The applicant's name, date of birth, social security number if such
has been assigned, sex, general description, including height,
weight, color of hair, and eyes, residence address, including county
of residence, duration of residence in this state, and country of
citizenship;
(b)
Whether the applicant previously has been licensed as an operator,
chauffeur, driver, commercial driver, or motorcycle operator and, if
so, when, by what state, and whether such license is suspended or
canceled at the present time and, if so, the date of and reason for
the suspension or cancellation;
(c)
Whether the applicant is now or ever has been afflicted with
epilepsy, or whether the applicant now has any physical or mental
disability or disease and, if so, the nature and extent of the
disability or disease, giving the names and addresses of physicians,
certified nurse-midwives if authorized as described in section
4723.438 of the Revised Code, clinical nurse specialists, or
certified nurse practitioners then or previously in attendance upon
the applicant;
(d)
Whether an applicant for a duplicate driver's license, duplicate
license containing a motorcycle operator endorsement, or duplicate
license containing a motor-driven cycle or motor scooter endorsement
has pending a citation for violation of any motor vehicle law or
ordinance, a description of any such citation pending, and the date
of the citation;
(e)
If an applicant has not certified the applicant's willingness to make
an anatomical gift under section 2108.05 of the Revised Code, whether
the applicant wishes to certify willingness to make such an
anatomical gift, which shall be given no consideration in the
issuance of a license or endorsement;
(f)
Whether the applicant has executed a valid durable power of attorney
for health care pursuant to sections 1337.11 to 1337.17 of the
Revised Code or has executed a declaration governing the use or
continuation, or the withholding or withdrawal, of life-sustaining
treatment pursuant to sections 2133.01 to 2133.15 of the Revised Code
and, if the applicant has executed either type of instrument, whether
the applicant wishes the applicant's license to indicate that the
applicant has executed the instrument;
(g)
Whether the applicant is a veteran, active duty, or reservist of the
armed forces of the United States and, if the applicant is such,
whether the applicant wishes the applicant's license to indicate that
the applicant is a veteran, active duty, or reservist of the armed
forces of the United States by a military designation on the license.
(2)
Every applicant for a driver's license applying in person at a deputy
registrar office shall be photographed at the time the application
for the license is made. The application shall state any additional
information that the registrar requires.
(B)
The registrar or a deputy registrar, in accordance with section
3503.11 of the Revised Code, shall register
as
an elector
to
vote
any
person who applies for a license or endorsement under division (A) of
this section, or for a renewal or duplicate of the license or
endorsement, if the applicant
is
appears
to be
eligible
and
wishes
to
be registered
as
an elector
to
vote
.
The
decision of an applicant whether to register as an elector shall be
given no consideration in the decision of whether to issue the
applicant a license or endorsement, or a renewal or duplicate.
(C)
The registrar or a deputy registrar, in accordance with section
3503.11 of the Revised Code, shall
offer
the opportunity of completing
transmit
information of
a
notice of change of residence or change of name
to
for
any
applicant for a driver's license or endorsement under division (A) of
this section, or for a renewal or duplicate of the license or
endorsement, if the applicant is a registered elector who has changed
the applicant's residence or name and has not
previously
filed
such
a
notice
of change of residence or change of name
.
(D)
In addition to any other information it contains, the approved form
furnished by the registrar of motor vehicles for an application for a
license or endorsement or an application for a duplicate of any such
license or endorsement shall inform applicants that the applicant
must present a copy of the applicant's DD-214 or an equivalent
document in order to qualify to have the license or duplicate
indicate that the applicant is a veteran, active duty, or reservist
of the armed forces of the United States based on a request made
pursuant to division (A)(1)(g) of this section.
Sec.
4507.51.
(A)(1)
Every application for an identification card or duplicate shall be
made on an approved form furnished by the registrar of motor vehicles
and shall be signed by the applicant. The application also shall be
signed by the applicant's parent or guardian, or by the department of
rehabilitation and correction or the department of youth services, as
applicable, if the applicant is under eighteen years of age.
Every
application shall contain the following information:
(a)
The applicant's name, date of birth, sex, general description
including the applicant's height, weight, hair color, and eye color,
address, country of citizenship, and social security number.
(b)
If an applicant has not already certified the applicant's willingness
to make an anatomical gift under section 2108.05 of the Revised Code,
whether the applicant wishes to certify willingness to make such an
anatomical gift and information about the requirements of sections
2108.01 to 2108.29 of the Revised Code that apply to persons who are
less than eighteen years of age. The statement regarding willingness
to make such a donation shall be given no consideration in the
decision of whether to issue an identification card.
(c)
Whether the applicant has executed a valid durable power of attorney
for health care pursuant to sections 1337.11 to 1337.17 of the
Revised Code or has executed a declaration governing the use or
continuation, or the withholding or withdrawal, of life-sustaining
treatment pursuant to sections 2133.01 to 2133.15 of the Revised Code
and, if the applicant has executed either type of instrument, whether
the applicant wishes the identification card issued to indicate that
the applicant has executed the instrument.
(d)
Whether the applicant is a veteran, active duty, or reservist of the
armed forces of the United States and, if the applicant is such,
whether the applicant wishes the identification card issued to
indicate that the applicant is a veteran, active duty, or reservist
of the armed forces of the United States by a military designation on
the identification card.
(2)
Each applicant applying in person at a deputy registrar office shall
be photographed at the time of making an application.
(3)
The registrar or deputy registrar, in accordance with section 3503.11
of the Revised Code, shall register
as
an elector
to
vote
any
person who applies for an identification card or duplicate if the
applicant
is
appears
to be
eligible
and
wishes
to
be registered
as
an elector
to
vote
.
The
decision of an applicant whether to register as an elector shall be
given no consideration in the decision of whether to issue the
applicant an identification card or duplicate.
(4)
The application shall be accompanied by any necessary documents, as
required by the registrar. The registrar or the deputy registrar may
authenticate the submitted documents and verify the information in
the application.
(B)(1)
Except as provided in division (B)(2) of this section or section
4507.061 of the Revised Code, the application for an identification
card or duplicate shall be filed in the office of the registrar or
deputy registrar. Each applicant shall present documentary evidence
as required by the registrar of the applicant's age and identity, and
the applicant shall swear that all information given is true.
All
applications for an identification card or duplicate under this
section shall be filed in duplicate, and if submitted to a deputy
registrar, a copy shall be forwarded to the registrar. The registrar
shall prescribe rules for the manner in which a deputy registrar is
to file and maintain applications and other records. The registrar
shall maintain a suitable, indexed record of all applications denied
and cards issued or canceled.
(2)
The application for an identification card filed by either the
department of rehabilitation and correction or the department of
youth services on behalf of an individual in prison or in the
department's custody shall be submitted through the process
established by the registrar. The registrar shall establish the
process for submission of such applications and the process for
mailing the identification card to either the individual or the
applicable department.
(C)
In addition to any other information it contains, the form furnished
by the registrar of motor vehicles for an application for an
identification card or duplicate shall inform applicants that the
applicant must present a copy of the applicant's DD-214 or an
equivalent document in order to qualify to have the card or duplicate
indicate that the applicant is an honorably discharged veteran of the
armed forces of the United States based on a request made pursuant to
division (A)(2)(b) of this section.
Section
2.
That
existing sections 3501.05, 3503.09, 3503.12, 3503.13, 3503.16,
3503.19, 3503.21, 3503.28, 3503.30, 3503.33, 3505.181, 3505.183,
3599.11, 3599.18, 4506.07, 4507.06, and 4507.51 of the Revised Code
are hereby repealed.
Section
3.
That
section
3503.11
of the Revised Code
is
hereby
repealed.
Section
4.
(A)(1)
Except as otherwise provided in division (A)(2) of this section, the
Bureau of Motor Vehicles and Department of Medicaid shall provide to
the Secretary of State electronic records of the previous four years
concerning each person who appears to be eligible to register or
preregister to vote or to update the person's registration or
preregistration and about whom the Bureau or Department possesses all
of the following information as of the effective date of this section
for the purpose of automatically registering or preregistering the
person to vote or updating the person's registration or
preregistration in accordance with this section:
(a)
The person's legal name;
(b)
The person's residence address;
(c)
The person's date of birth;
(d)
The number of the person's driver's license or state identification
card or the last four digits of the person's Social Security number;
(e)
Whether the person is a United States citizen;
(f)
An electronic image of the person's signature.
(2)
The Bureau of Motor Vehicles and Department of Medicaid shall not
include in the information transmitted to the Secretary of State
under division (A)(1) of this section any information about a person
who appears to be eligible to vote or preregister to vote or to
update the person's voter registration or preregistration but who has
provided an address designated by the Secretary of State for
participants in the address confidentiality program described in
sections 111.41 to 111.48 of the Revised Code or otherwise has
indicated to the Bureau or Department that the person is a
participant in that program.
(B)(1)
Upon receiving information concerning a person under division (A)(1)
of this section, the Secretary of State promptly shall transmit that
information to the board of elections of the county in which the
person resides. If the board determines that the person appears to be
eligible to register or preregister to vote or to update the person's
registration or preregistration, except as otherwise provided in
division (C) of this section, the board shall register or preregister
the person to vote or update the person's registration or
preregistration, as applicable. The electronic record transmitted to
the board of elections under this section shall be considered to be
the person's voter registration or preregistration form.
(2)
The board shall send the person a notice, on a form prescribed by the
Secretary of State, with return postage prepaid by the board, that
contains all of the following information:
(a)(i)
The fact that the person will be registered to vote or have the
person's registration updated for purposes of the next election
occurring at least thirty days after the date the Secretary of State
received the person's information, unless the person declines to be
registered to vote or to update the person's registration; or
(ii)
The fact that the person will be preregistered to vote or have the
person's preregistration updated, unless the person declines to be
preregistered to vote or to update the person's preregistration.
(b)(i)
A statement that in order to register to vote, the person must be a
United States citizen, at least eighteen years of age at the time of
the next general election, and have lived in this state for thirty
days immediately preceding the next election; or
(ii)
A statement that in order to preregister to vote, the person must be
a United States citizen, at least sixteen or seventeen years of age,
and have lived in this state for thirty days immediately preceding
the next election.
(c)
A statement instructing the person to decline to be registered or
preregistered to vote if the person is not eligible to register or
preregister;
(d)
The procedure to decline to be registered or preregistered to vote or
to update the person's registration or preregistration, or to provide
corrected registration or preregistration information, by signing and
returning the card to the Secretary of State or the board of
elections;
(e)
The precinct in which the person will be registered or preregistered
to vote;
(f)
A statement in bold type as follows:
"Voters
must bring photo identification to the polls in order to verify
identity. Voters who do not provide photo identification will still
be able to vote by casting a provisional ballot."
(3)
The notice shall be by nonforwardable mail. If the notice is returned
to the board, it shall investigate and cause the notice to be
delivered to the correct address. If, after investigating, the board
is unable to verify the person's correct address, it shall send the
person a confirmation notice by forwardable mail and cause the
person's name in the official registration or preregistration list
and in the poll list or signature pollbook, if applicable, to be
marked to indicate that the person's notice was returned to the
board.
At
the first election at which an elector whose name has been so marked
appears to vote, the elector shall be required to provide
identification to the election officials and to vote by provisional
ballot under section 3505.181 of the Revised Code. If the provisional
ballot is counted pursuant to division (B)(3) of section 3505.183 of
the Revised Code, the board shall correct that elector's
registration, if needed, and shall remove the indication that the
elector's notice was returned from that elector's name on the
official registration list and on the poll list or signature
pollbook. If the provisional ballot is not counted pursuant to
division (B)(4)(a)(i), (v), or (vi) of section 3505.183 of the
Revised Code, the elector's registration shall be canceled. The board
shall notify the elector by United States mail of the cancellation.
(C)(1)
A board of elections shall not register or preregister a person to
vote or update an elector's registration or preregistration under
this section if the board determines that the person is not eligible
to register or preregister or to update the elector's registration or
preregistration or if the person declines to register or preregister
or to update the elector's registration or preregistration.
(2)
If, after a person has been registered or preregistered to vote under
this section, the person declines to register or preregister, the
board of elections shall treat the declination as a request to cancel
the person's registration or preregistration.
(3)
If, after an elector's registration or preregistration has been
updated under this section, the elector declines to update the
elector's registration or preregistration, the board of elections
shall correct the elector's registration or preregistration to
reflect the name, address, or both, as applicable, that it contained
before the board updated the elector's registration or
preregistration under this section.
(D)
The provisions of the Revised Code amended or enacted by this act
concerning the automatic voter registration system described in
section 3503.11 of the Revised Code, as enacted by this act, apply to
this section.
Section
5.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:
Section
3503.21 of the Revised Code as amended by both H.B. 359 and S.B. 63
of the 131st General Assembly.
Section
3505.183 of the Revised Code as amended by both H.B. 45 and H.B. 458
of the 134th General Assembly.