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hb472_06_EN
(136th General Assembly)
(Substitute
House Bill Number 472)
AN
ACT
To amend sections 111.31,
2101.16, 2303.20, 3109.14, 3333.31, 3375.011, 3501.01, 3503.02,
3503.13, 3503.153, 3503.16, 3505.19, 3509.03, 3509.04, 3509.05,
3509.051, 3509.06, 3509.07, 3509.08, 3509.10, 3511.011, 3511.02,
3511.021, 3705.24, 3705.242, 4507.01, 4507.50, 4507.51, and 4507.52;
to amend, for the purpose of adopting a new section number as
indicated in parentheses, section 3511.011 (3511.01); to enact
sections 9.011, 2101.166, 2303.202, 3509.031, 3509.032, 3509.11,
3705.243, and 3705.50; and to repeal section 3511.01 of the Revised
Code to require photo identification to cast absent voter's ballots,
with certain exceptions, to allow electors to apply for those ballots
through a secure online portal, and to waive fees for an
identification card or vital statistics record and permit the storage
of documents for individuals experiencing homelessness.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
sections 111.31, 2101.16, 2303.20, 3109.14, 3333.31
,
3375.011
,
3501.01, 3503.02
,
3503.13, 3503.153
,
3503.16, 3505.19, 3509.03, 3509.04, 3509.05, 3509.051, 3509.06,
3509.07, 3509.08, 3509.10, 3511.011, 3511.02, 3511.021, 3705.24,
3705.242, 4507.01, 4507.50, 4507.51, and 4507.52 be amended; section
3511.011 (3511.01) be amended for the purpose of adopting a new
section number as indicated in parentheses; and sections 9.011,
2101.166, 2303.202, 3509.031, 3509.032
,
3509.11
,
3705.243, and 3705.50 of the Revised Code be enacted to read as
follows:
Sec.
9.011.
(A)
As used in this section:
(1)
"Homeless shelter" has the same meaning as in section
2151.422 of the Revised Code.
(2)
"Individual experiencing homelessness" has the same meaning
as in section 3705.243 of the Revised Code.
(3)
"Nonprofit agency providing case management services to
individuals experiencing homelessness" does not include any
governmental agency.
(B)
A homeless shelter or nonprofit agency providing case management
services to individuals experiencing homelessness may, with consent,
retain for an individual experiencing homelessness receiving services
from the shelter or agency a physical or digital copy of the
individual's social security card, certification of birth, or
certified copy of a birth record. A shelter or agency that chooses to
store a physical or digital copy of an individual experiencing
homelessness' social security card, certification of birth, or
certified copy of a birth record shall do both of the following:
(1)
Retain possession of the physical or digital copy of the social
security card, certification of birth, or certified copy of a birth
record;
(2)
Establish a mechanism to protect the physical or digital copy of a
social security card, certification of birth, or certified copy of a
birth record, including by ensuring that there is a physical or
virtual lock protecting access to the copy and that the copy is only
accessible to appropriate staff.
(C)
An individual experiencing homelessness whose document is stored
pursuant to division (B) of this section shall be permitted to access
the document in a timely manner upon request and may request that the
document be destroyed, deleted, or returned. A homeless shelter or
nonprofit agency providing case management services to individuals
experiencing homelessness shall destroy, delete, or return the
document upon such a request.
Sec.
111.31.
(A)
Notwithstanding division (E)(2) of section 3509.03 and division
(E)(2)
(D)(2)
of
section 3511.02 of the Revised Code, the secretary of state may mail
unsolicited applications for absent voter's ballots to electors for a
general election if all of the following apply:
(1)
The general assembly appropriates funds to the controlling board for
that particular mailing;
(2)
The secretary of state submits a request to the controlling board to
transfer those funds to the absent voter's ballot application mailing
fund established under division (B) of this section;
(3)
The request is accompanied by a report that includes all of the
following concerning the most recent mailing of unsolicited
applications for absent voter's ballots conducted by the secretary of
state:
(a)
The number of applications mailed;
(b)
The number of those applications that were returned to the sender as
undeliverable or otherwise were determined to be undeliverable;
(c)
The number of those applications that were completed and returned to
the secretary of state or a board of elections;
(d)
The number of absent voter's ballots cast by mail in the election for
which the applications were mailed.
(4)
The controlling board approves the transfer of funds to the absent
voter's ballot application mailing fund.
(B)
There is hereby created in the state treasury the absent voter's
ballot application mailing fund. The secretary of state shall use the
fund to pay the cost of printing and mailing unsolicited applications
for absent voter's ballots.
The
fund shall consist of moneys transferred to it by the controlling
board under division (A) of this section. The controlling board shall
transfer any unused moneys in the fund to the proper appropriation
item.
Sec.
2101.16.
(A)
Except as provided in
section
sections
2101.164
and
2101.166
of
the Revised Code, the fees enumerated in this division shall be
charged and collected, if possible, by the probate judge and shall be
in full for all services rendered in the respective proceedings:
1
2
3
A
(1)
Account,
in addition to advertising charges
B
___________________________________________________
$12.00
C
Waivers
and proof of notice of hearing on account, per page, minimum one
dollar
D
___________________________________________________
$1.00
E
(2)
Account
of distribution, in addition to advertising charges
F
___________________________________________________
$7.00
G
(3)
Adoption
of child, petition for
H
___________________________________________________
$20.00
I
(4)
Alter
or cancel contract for sale or purchase of real property,
complaint to
J
___________________________________________________
$20.00
K
(5)
Application
and order not otherwise provided for in this section or by rule
adopted pursuant to division (E) of this section
L
___________________________________________________
$5.00
M
(6)
Appropriation
suit, per day, hearing in
N
___________________________________________________
$20.00
O
(7)
Birth,
application for registration of
P
___________________________________________________
$7.00
Q
(8)
Birth
record, application to correct
R
___________________________________________________
$5.00
S
(9)
Bond,
application for new or additional
T
___________________________________________________
$5.00
U
(10)
Bond,
application for release of surety or reduction of
V
___________________________________________________
$5.00
W
(11)
Bond,
receipt for securities deposited in lieu of
X
___________________________________________________
$5.00
Y
(12)
Certified
copy of journal entry, record, or proceeding, per page, minimum
fee one dollar
Z
___________________________________________________
$1.00
AA
(13)
Citation
and issuing citation, application for
AB
___________________________________________________
$5.00
AC
(14)
Change
of name, petition for
AD
___________________________________________________
$20.00
AE
(15)
Claim,
application of administrator or executor for allowance of
administrator's or executor's own
AF
___________________________________________________
$10.00
AG
(16)
Claim,
application to compromise or settle
AH
___________________________________________________
$10.00
AI
(17)
Claim,
authority to present
AJ
___________________________________________________
$10.00
AK
(18)
Commissioner,
appointment of
AL
___________________________________________________
$5.00
AM
(19)
Compensation
for extraordinary services and attorney's fees for fiduciary,
application for
AN
___________________________________________________
$5.00
AO
(20)
Competency,
application to procure adjudication of
AP
___________________________________________________
$20.00
AQ
(21)
Complete
contract, application to
AR
___________________________________________________
$10.00
AS
(22)
Concealment
of assets, citation for
AT
___________________________________________________
$10.00
AU
(23)
Construction
of will, complaint for
AV
___________________________________________________
$20.00
AW
(24)
Continue
decedent's business, application to
AX
___________________________________________________
$10.00
AY
Monthly
reports of operation
AZ
___________________________________________________
$5.00
BA
(25)
Declaratory
judgment, complaint for
BB
___________________________________________________
$20.00
BC
(26)
Deposit
of will
BD
___________________________________________________
$5.00
BE
(27)
Designation
of heir
BF
___________________________________________________
$20.00
BG
(28)
Distribution
in kind, application, assent, and order for
BH
___________________________________________________
$5.00
BI
(29)
Distribution
under section 2109.36 of the Revised Code, application for an
order of
BJ
___________________________________________________
$7.00
BK
(30)
Docketing
and indexing proceedings, including the filing and noting of all
necessary documents, maximum fee, fifteen dollars
BL
___________________________________________________
$15.00
BM
(31)
Exceptions
to any proceeding named in this section, contest of appointment or
BN
___________________________________________________
$10.00
BO
(32)
Election
of surviving partner to purchase assets of partnership,
proceedings relating to
BP
___________________________________________________
$10.00
BQ
(33)
Election
of surviving spouse under will
BR
___________________________________________________
$5.00
BS
(34)
Fiduciary,
including an assignee or trustee of an insolvent debtor or any
guardian or conservator accountable to the probate court,
appointment of
BT
___________________________________________________
$35.00
BU
(35)
Foreign
will, application to record
BV
___________________________________________________
$10.00
BW
Record
of foreign will, additional, per page
BX
___________________________________________________
$1.00
BY
(36)
Forms
when supplied by the probate court, not to exceed
BZ
___________________________________________________
$10.00
CA
(37)
Heirship,
complaint to determine
CB
___________________________________________________
$20.00
CC
(38)
Injunction
proceedings
CD
___________________________________________________
$20.00
CE
(39)
Improve
real property, petition to
CF
___________________________________________________
$20.00
CG
(40)
Inventory
with appraisement
CH
___________________________________________________
$10.00
CI
(41)
Inventory
without appraisement
CJ
___________________________________________________
$7.00
CK
(42)
Investment
or expenditure of funds, application for
CL
___________________________________________________
$10.00
CM
(43)
Invest
in real property, application to
CN
___________________________________________________
$10.00
CO
(44)
Lease
for oil, gas, coal, or other mineral, petition to
CP
___________________________________________________
$20.00
CQ
(45)
Lease
or lease and improve real property, petition to
CR
___________________________________________________
$20.00
CS
(46)
Marriage
license
CT
___________________________________________________
$10.00
CU
Certified
abstract of each marriage
CV
___________________________________________________
$2.00
CW
(47)
Minor
or incompetent person, etc., disposal of estate under twenty-five
thousand dollars of
CX
___________________________________________________
$10.00
CY
(48)
Mortgage
or mortgage and repair or improve real property, complaint to
CZ
___________________________________________________
$20.00
DA
(49)
Newly
discovered assets, report of
DB
___________________________________________________
$7.00
DC
(50)
Nonresident
executor or administrator to bar creditors' claims, proceedings by
DD
___________________________________________________
$20.00
DE
(51)
Power
of attorney or revocation of power, bonding company
DF
___________________________________________________
$10.00
DG
(52)
Presumption
of death, petition to establish
DH
___________________________________________________
$20.00
DI
(53)
Probating
will
DJ
___________________________________________________
$15.00
DK
Proof
of notice to beneficiaries
DL
___________________________________________________
$5.00
DM
(54)
Purchase
personal property, application of surviving spouse to
DN
___________________________________________________
$10.00
DO
(55)
Purchase
real property at appraised value, petition of surviving spouse to
DP
___________________________________________________
$20.00
DQ
(56)
Receipts
in addition to advertising charges, application and order to
record
DR
___________________________________________________
$5.00
DS
Record
of those receipts, additional, per page
DT
___________________________________________________
$1.00
DU
(57)
Record
in excess of fifteen hundred words in any proceeding in the
probate court, per page
DV
___________________________________________________
$1.00
DW
(58)
Release
of estate by mortgagee or other lienholder
DX
___________________________________________________
$5.00
DY
(59)
Relieving
an estate from administration under section 2113.03 of the Revised
Code or granting an order for a summary release from
administration under section 2113.031 of the Revised Code
DZ
___________________________________________________
$60.00
EA
(60)
Removal
of fiduciary, application for
EB
___________________________________________________
$10.00
EC
(61)
Requalification
of executor or administrator
ED
___________________________________________________
$10.00
EE
(62)
Resignation
of fiduciary
EF
___________________________________________________
$5.00
EG
(63)
Sale
bill, public sale of personal property
EH
___________________________________________________
$10.00
EI
(64)
Sale
of personal property and report, application for
EJ
___________________________________________________
$10.00
EK
(65)
Sale
of real property, petition for
EL
___________________________________________________
$25.00
EM
(66)
Terminate
guardianship, petition to
EN
___________________________________________________
$10.00
EO
(67)
Transfer
of real property, application, entry, and certificate for
EP
___________________________________________________
$7.00
EQ
(68)
Unclaimed
money, application to invest
ER
___________________________________________________
$7.00
ES
(69)
Vacate
approval of account or order of distribution, motion to
ET
___________________________________________________
$10.00
EU
(70)
Writ
of execution
EV
___________________________________________________
$5.00
EW
(71)
Writ
of possession
EX
___________________________________________________
$5.00
EY
(72)
Wrongful
death, application and settlement of claim for
EZ
___________________________________________________
$20.00
FA
(73)
Year's
allowance, petition to review
FB
___________________________________________________
$7.00
FC
(74)
Guardian's
report, filing and review of
FD
___________________________________________________
$5.00
FE
(75)
Person
with a mental illness subject to court order, filing of affidavit
and proceedings for
FF
___________________________________________________
$25.00
(B)(1)
In relation to an application for the appointment of a guardian or
the review of a report of a guardian under section 2111.49 of the
Revised Code, the probate court, pursuant to court order or in
accordance with a court rule, may direct that the applicant or the
estate pay any or all of the expenses of an investigation conducted
pursuant to section 2111.041 or division (A)(2) of section 2111.49 of
the Revised Code. If the investigation is conducted by a public
employee or investigator who is paid by the county, the fees for the
investigation shall be paid into the county treasury. If the court
finds that an alleged incompetent or a ward is indigent, the court
may waive the costs, fees, and expenses of an investigation.
(2)
In relation to the appointment or functioning of a guardian for a
minor or the guardianship of a minor, the probate court may direct
that the applicant or the estate pay any or all of the expenses of an
investigation conducted pursuant to section 2111.042 of the Revised
Code. If the investigation is conducted by a public employee or
investigator who is paid by the county, the fees for the
investigation shall be paid into the county treasury. If the court
finds that the guardian or applicant is indigent, the court may waive
the costs, fees, and expenses of an investigation.
(3)
In relation to the filing of an affidavit of mental illness for a
person with a mental illness subject to court order, the court may
waive the fee under division (A)(75) of this section if the court
finds that the affiant is indigent or for good cause shown.
(C)
Thirty dollars of the thirty-five-dollar fee collected pursuant to
division (A)(34) of this section and twenty dollars of the
sixty-dollar fee collected pursuant to division (A)(59) of this
section shall be deposited by the county treasurer in the indigent
guardianship fund created pursuant to section 2111.51 of the Revised
Code.
(D)
The fees of witnesses, jurors, sheriffs, coroners, and constables for
services rendered in the probate court or by order of the probate
judge shall be the same as provided for similar services in the court
of common pleas.
(E)
The probate court, by rule, may require an advance deposit for costs,
not to exceed one hundred twenty-five dollars, at the time
application is made for an appointment as executor or administrator
or at the time a will is presented for probate.
(F)(1)
The "putative father registry fund" is hereby created in
the state treasury. The department of children and youth shall use
the money in the fund to fund the department's costs of performing
its duties related to the putative father registry established under
section 3107.062 of the Revised Code.
(2)
If the department determines that money in the putative father
registry fund is more than is needed for its duties related to the
putative father registry, the department may use the surplus moneys
in the fund as permitted in division (D) of section 2151.3527 or
section 5103.155 of the Revised Code.
Sec.
2101.166.
(A)
As used in this section, "individual experiencing homelessness"
has the same meaning as in section 3705.243 of the Revised Code.
(B)
The probate judge shall waive all fees for a certified abstract of
marriage if the certified abstract is requested by an individual who
has not received such a fee waiver in the preceding twelve months and
who is experiencing homelessness as verified by at least one of the
following:
(1)
A director or a director's designee of a government or nonprofit
agency that receives public or private funding to provide services to
individuals experiencing homelessness;
(2)
A school social worker, school counselor, or a local educational
agency liaison for homeless children and youths designated pursuant
to 42 U.S.C. 11432(g)(1)(J)(ii);
(3)
A director or a director's designee of either a federal TRIO program
or gaining early awareness and readiness for undergraduate program
(GEAR UP);
(4)
A financial aid administrator for an institution of higher education.
(C)
Beginning one year after the effective date of this section, by the
thirty-first day of January of each year any probate judge who waives
fees pursuant to division (B) of this section shall submit an annual
report to the director of health detailing the number of individuals
for whom fees were waived in the preceding one-year period.
Sec.
2303.20.
Under
the circumstances described in sections 2969.21 to 2969.27 of the
Revised Code, the clerk of the court of common pleas shall charge the
fees and perform the other duties specified in those sections. In all
other cases, the clerk shall charge the following fees and no more:
(A)
Twenty-five dollars for each cause of action which shall include the
following:
(1)
Docketing in all dockets;
(2)
Filing necessary documents, noting the filing of the documents,
except subpoena, on the dockets;
(3)
Issuing certificate of deposit in foreign writs;
(4)
Indexing pending suits and living judgments;
(5)
Noting on appearance docket all papers mailed;
(6)
Certificate for attorney's fee;
(7)
Certificate for stenographer's fee;
(8)
Preparing cost bill;
(9)
Entering on indictment any plea;
(10)
Entering costs on docket and cash book.
(B)
Two dollars for taking each undertaking, bond, or recognizance;
(C)
Two dollars for issuing each writ, order, or notice, except subpoena;
(D)
Two dollars for each name for issuing subpoena, swearing witness,
entering attendance, and certifying fees;
(E)
Twenty-five dollars for calling a jury in each cause;
(F)
Two dollars for each page, for entering on journal, indexing, and
posting on any docket;
(G)
Three dollars for each execution or transcript of judgment, including
indexing;
(H)
One dollar for each page, for making complete record, including
indexing;
(I)
Five dollars for certifying a plat recorded in the county recorder's
office;
(J)
Five dollars for issuing certificate to receiver or order of
reference with oath;
(K)
Five dollars for entering satisfaction or partial satisfaction of
each lien on record in the county recorder's office, and the clerk of
courts' office;
(L)
One dollar for each certificate of fact under seal of the court, to
be paid by the party demanding it;
(M)
One dollar for taking each affidavit, including certificate and seal;
(N)
Two dollars for acknowledging all instruments in writing;
(O)
Five dollars for making certificate of judgment;
(P)
Ten dollars for filing, docketing, and endorsing a certificate of
judgment, including the indexing and noting the return of the
certificate;
(Q)
Twenty-five dollars for each cause of action for each judgment by
confession, including all docketing, indexing, and entries on the
journal;
(R)
Five dollars for recording commission of mayor;
(S)
One dollar for issuing any license except the licenses issued
pursuant to sections 1533.101, 1533.11, 1533.13, and 1533.32 of the
Revised Code;
(T)
Fifteen dollars for docketing and indexing each aid in execution or
petition to vacate, revive, or modify judgment, including the filing
and noting of all necessary documents;
(U)
Twenty-five dollars for docketing and indexing each appeal, including
the filing and noting of all necessary documents;
(V)
A commission of two per cent on the first ten thousand dollars and
one per cent on all exceeding ten thousand dollars for receiving and
disbursing money, other than costs and fees, paid to or deposited
with the clerk of courts in pursuance of an order of court or on
judgments, including moneys invested by order of the court and
interest earned on them;
(W)
Five dollars for numbering, docketing, indexing, and filing each
authenticated or certified copy of the record, or any portion of an
authenticated or certified copy of the record, of an extra county
action or proceeding;
(X)
Two
Except
as provided in section 2303.202 of the Revised Code, two
dollars
for each certificate of divorce, annulment, or dissolution of
marriage to the bureau of vital statistics;
(Y)
Two dollars for each electronic transmission of a document, plus one
dollar for each page of that document. These fees are to be paid by
the party requesting the electronic transmission.
(Z)
One
Except
as provided in section 2303.202 of the Revised Code, one
dollar
for each page, for copies of pleadings, process, record, or files,
including certificate and seal.
Sec.
2303.202.
(A)
As used in this section, "individual experiencing homelessness"
has the same meaning as in section 3705.243 of the Revised Code.
(B)
The clerk of the court of common pleas shall waive all fees for a
certified record of a name change or a certificate of divorce,
annulment, or dissolution of marriage if the certified record or
certificate is requested by an individual who has not received such a
fee waiver in the preceding twelve months and who is experiencing
homelessness as verified by at least one of the following:
(1)
A director or a director's designee of a government or nonprofit
agency that receives public or private funding to provide services to
individuals experiencing homelessness;
(2)
A school social worker, school counselor, or a local educational
agency liaison for homeless children and youths designated pursuant
to 42 U.S.C. 11432(g)(1)(J)(ii);
(3)
A director or a director's designee of either a federal TRIO program
or gaining early awareness and readiness for undergraduate program
(GEAR UP);
(4)
A financial aid administrator for an institution of higher education.
(C)
Beginning one year after the effective date of this section, by the
thirty-first day of January of each year any clerk of the court of
common pleas who waives fees pursuant to division (B) of this section
shall submit an annual report to the director of health detailing the
number of individuals for whom fees were waived in the preceding
one-year period, delineated by type of document.
Sec.
3109.14.
(A)
As used in this section, "birth record" and "certification
of birth" have the meanings given in section 3705.01 of the
Revised Code.
(B)(1)
The
Except
as provided in section 3705.243 of the Revised Code, the
director
of health, a person authorized by the director, a local commissioner
of health, or a local registrar of vital statistics shall charge and
collect a fee for each certified copy of a birth record, for each
certification of birth, and for each copy of a death record. The fee
shall be three dollars. The fee is in addition to the fee imposed by
section 3705.24 or any other section of the Revised Code. A local
commissioner of health or a local registrar of vital statistics may
retain an amount of each additional fee collected, not to exceed
three per cent of the amount of the additional fee, to be used for
costs directly related to the collection of the fee and the
forwarding of the fee to the department of health.
The
additional fees collected by the director of health or a person
authorized by the director and the additional fees collected but not
retained by a local commissioner of health or a local registrar of
vital statistics shall be forwarded to the department of health not
later than thirty days following the end of each quarter. Not later
than two days after the fees are forwarded to the department each
quarter, the department shall deposit the collected fees in the state
treasury to the credit of the children's trust fund. A person or
government entity that fails to forward the fees in a timely manner,
as determined by the department, shall send to the department, in
addition to the fees, a penalty equal to ten per cent of the fees.
The department also shall deposit any penalty received in the state
treasury to the credit of the children's trust fund.
(2)
Upon the filing for a divorce decree under section 3105.10 or a
decree of dissolution under section 3105.65 of the Revised Code, a
court of common pleas shall charge and collect a fee. The fee shall
be eleven dollars. The fee is in addition to any other court costs or
fees. The county clerk of courts may retain an amount of each
additional fee collected, not to exceed three per cent of the amount
of the additional fee, to be used for costs directly related to the
collection of the fee and the forwarding of the fee to the treasurer
of state. The additional fees collected, but not retained, under
division (B)(2) of this section shall be forwarded to the treasurer
of state not later than twenty days following the end of each month.
The
treasurer of state shall deposit the fees received under division
(B)(2) of this section in the state treasury to the credit of the
children's trust fund. A county clerk of courts that fails to forward
the fees in a timely manner, as determined by the treasurer of state,
shall send to the treasurer of state, in addition to the fees, a
penalty equal to ten per cent of the fees. The treasurer of state
also shall deposit any penalty received in the state treasury to the
credit of the children's trust fund.
(C)
The children's trust fund is created in the state treasury. The
treasurer of state shall invest the moneys in the fund, and all
earnings resulting from investment of the fund shall be credited to
the fund, except that actual administrative costs incurred by the
treasurer of state in administering the fund may be deducted from the
earnings resulting from investments. The amount that may be deducted
shall not exceed three per cent of the total amount of fees credited
to the fund in each fiscal year, except that the children's trust
fund board may approve an amount for actual administrative costs
exceeding three per cent but not exceeding four per cent of such
amount. The balance of the investment earnings shall be credited to
the fund. Moneys credited to the fund shall be used only for the
purposes described in sections 3109.13 to 3109.179 of the Revised
Code.
Sec.
3333.31.
(A)
For state subsidy and tuition surcharge purposes, status as a
resident of Ohio shall be defined by the chancellor of higher
education by rule promulgated pursuant to Chapter 119. of the Revised
Code. No adjudication as to the status of any person under such rule,
however, shall be required to be made pursuant to Chapter 119. of the
Revised Code. The term "resident" for these purposes shall
not be equated with the definition of that term as it is employed
elsewhere under the laws of this state and other states, and shall
not carry with it any of the legal connotations appurtenant thereto.
Rather, except as provided in divisions (B), (C), (D), (F), and (G)
of this section, for such purposes, the rule promulgated under this
section shall have the objective of excluding from treatment as
residents those who are present in the state primarily for the
purpose of attending a state-supported or state-assisted institution
of higher education, and may prescribe presumptive rules, rebuttable
or conclusive, as to such purpose based upon the source or sources of
support of the student, residence prior to first enrollment, evidence
of intention to remain in the state after completion of studies, or
such other factors as the chancellor deems relevant.
(B)
The rules of the chancellor for determining student residency shall
grant residency status to a veteran and to the veteran's spouse and
any dependent of the veteran, if both of the following conditions are
met:
(1)
The veteran either:
(a)
Served one or more years on active military duty and was honorably
discharged or received a medical discharge that was related to the
military service;
(b)
Was killed while serving on active military duty or has been declared
to be missing in action or a prisoner of war.
(2)
If the veteran seeks residency status for tuition surcharge purposes,
the veteran has established domicile in this state as of the first
day of a term of enrollment in an institution of higher education. If
the spouse or a dependent of the veteran seeks residency status for
tuition surcharge purposes, the veteran and the spouse or dependent
seeking residency status have established domicile in this state as
of the first day of a term of enrollment in an institution of higher
education, except that if the veteran was killed while serving on
active military duty, has been declared to be missing in action or a
prisoner of war, or is deceased after discharge, only the spouse or
dependent seeking residency status shall be required to have
established domicile in accordance with this division.
(C)
The rules of the chancellor for determining student residency shall
grant residency status to both of the following:
(1)
A veteran who is the recipient of federal veterans' benefits under
the "All-Volunteer Force Educational Assistance Program,"
38 U.S.C. 3001 et seq., or "Post-9/11 Veterans Educational
Assistance Program," 38 U.S.C. 3301 et seq., or any successor
program, if the veteran meets all of the following criteria:
(a)
The veteran served at least ninety days on active duty.
(b)
The veteran enrolls in a state institution of higher education, as
defined in section 3345.011 of the Revised Code.
(c)
The veteran lives in the state as of the first day of a term of
enrollment in the state institution of higher education.
(2)
A person who is the recipient of the federal Marine Gunnery Sergeant
John David Fry scholarship or transferred federal veterans' benefits
under any of the programs described in division (C)(1) of this
section, if the person meets both of the following criteria:
(a)
The person enrolls in a state institution of higher education.
(b)
The person lives in the state as of the first day of a term of
enrollment in the state institution of higher education.
In
order for a person using transferred federal veterans' benefits to
qualify under division (C)(2) of this section, the veteran who
transferred the benefits must have served at least ninety days on
active duty or the service member who transferred the benefits must
be on active duty.
(D)
The rules of the chancellor for determining student residency shall
grant residency status to a service member who is on active duty and
to the service member's spouse and any dependent of the service
member while the service member is on active duty. In order to
qualify under division (D) of this section, the rules shall require
the student seeking in-state tuition rates to live in the state as of
the first day of a term of enrollment in the state institution of
higher education, but shall not require the service member or the
service member's spouse or dependent to establish domicile in this
state as of the first day of a term of enrollment in an institution
of higher education.
(E)
The rules of the chancellor for determining student residency shall
not deny residency status to a student who is either a dependent
child of a parent, or the spouse of a person who, as of the first day
of a term of enrollment in an institution of higher education, has
accepted full-time employment and established domicile in this state
for reasons other than gaining the benefit of favorable tuition
rates.
Documentation
of full-time employment and domicile shall include both of the
following documents:
(1)
A sworn statement from the employer or the employer's representative
on the letterhead of the employer or the employer's representative
certifying that the parent or spouse of the student is employed
full-time in Ohio;
(2)
A copy of the lease under which the parent or spouse is the lessee
and occupant of rented residential property in the state, a copy of
the closing statement on residential real property of which the
parent or spouse is the owner and occupant in this state or, if the
parent or spouse is not the lessee or owner of the residence in which
the parent or spouse has established domicile, a letter from the
owner of the residence certifying that the parent or spouse resides
at that residence.
Residency
officers may also evaluate, in accordance with the chancellor's rule,
requests for immediate residency status from dependent students whose
parents are not living and whose domicile follows that of a legal
guardian who has accepted full-time employment and established
domicile in the state for reasons other than gaining the benefit of
favorable tuition rates.
(F)(1)
The rules of the chancellor for determining student residency shall
grant residency status to a person who enrolls in an institution of
higher education and establishes domicile in this state, regardless
of the student's residence prior to that enrollment and satisfies
either of the following conditions:
(a)
The person, while a resident of this state for state subsidy and
tuition surcharge purposes, graduated from a high school in this
state or completed the final year of education at home as authorized
under section 3321.042 of the Revised Code.
(b)
The person meets all of the following criteria:
(i)
The person officially withdrew from a school in this state while the
person was a resident of this state for state subsidy and tuition
surcharge purposes.
(ii)
The person has not received a high school diploma or honors diploma
awarded under section 3313.61, 3313.611, 3313.612, or 3325.08 of the
Revised Code or a high school diploma awarded by a school located in
another state or country.
(iii)
The person, while a resident of this state for state subsidy and
tuition surcharge purposes, both took a high school equivalency test
and was awarded a certificate of high school equivalence.
(2)
The rules of the chancellor for determining student residency shall
not grant residency status to an alien if the alien is not also an
immigrant or a nonimmigrant.
(G)
The rules of the chancellor for determining student residency status
shall grant residency status to a person to whom all of the following
apply:
(1)
The person, while not a resident of this state for state subsidy and
tuition surcharge purposes, lives in this state and completes a
bachelor's degree program at an institution of higher education in
this state.
(2)
The person, upon completing that bachelor's degree program,
immediately enrolls in a graduate degree program, as determined
appropriate by the chancellor, offered at any state institution of
higher education.
(3)
The person, while enrolled in the graduate degree program, resides in
this state.
The
chancellor's rules adopted under this section shall define
"immediately" for the purposes of division (G) of this
section.
(H)
As used in this section:
(1)
"Dependent," "domicile," "institution of
higher education," and "residency officer" have the
meanings ascribed in the chancellor's rules adopted under this
section.
(2)
"Alien" means a person who is not a United States citizen
or a United States national.
(3)
"Immigrant" means an alien who has been granted the right
by the United States bureau of citizenship and immigration services
to reside permanently in the United States and to work without
restrictions in the United States.
(4)
"Nonimmigrant" means an alien who has been granted the
right by the United States bureau of citizenship and immigration
services to reside temporarily in the United States.
(5)
"Veteran" means any person who has completed service in the
uniformed services, as defined in section
3511.01
3501.01
of
the Revised Code.
(6)
"Service member" has the same meaning as in section 5903.01
of the Revised Code.
(7)
"Certificate of high school equivalence" means either of
the following:
(a)
A certificate of high school equivalence awarded by the department of
education and workforce under division (A) of section 3301.80 of the
Revised Code;
(b)
The equivalent of a certificate of high school equivalence awarded by
the state board of education under former law, as defined in division
(C)(1) of section 3301.80 of the Revised Code.
Sec.
3375.011.
Any
(A)
As used in this section, "photo identification" and "copy"
of an individual's photo identification have the same meanings as in
section 3501.01 of the Revised Code.
(B)
Upon request by an individual, any
library
organized under Chapter 3375. of the Revised Code shall provide free
of charge to any individual a photocopy of that individual's driver's
license, temporary driver's permit, or state identification card
,
if the individual requests one
.
(C)
Upon request by an elector, any library organized under Chapter 3375.
of the Revised Code shall provide free of charge to the elector a
copy of the elector's photo identification for the purpose of casting
absent voter's ballots by mail.
Sec.
3501.01.
As
used in the sections of the Revised Code relating to elections and
political communications:
(A)
"General election" means the election held on the first
Tuesday after the first Monday in each November.
(B)
"Regular municipal election" means the election held on the
first Tuesday after the first Monday in November in each odd-numbered
year.
(C)
"Regular state election" means the election held on the
first Tuesday after the first Monday in November in each
even-numbered year.
(D)
"Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first Monday
in May or November, on the first Tuesday after the first Monday in
August in accordance with section 3501.022 of the Revised Code, or on
the day authorized by a particular municipal or county charter for
the holding of a primary election, except that in any year in which a
presidential primary election is held, no special election shall be
held in May, except as authorized by a municipal or county charter,
but may be held on the third Tuesday after the first Monday in March.
(E)(1)
"Primary" or "primary election" means an election
held for the purpose of nominating persons as candidates of political
parties for election to offices, and for the purpose of electing
persons as members of the controlling committees of political parties
and as delegates and alternates to the conventions of political
parties. Primary elections shall be held on the first Tuesday after
the first Monday in May of each year except in years in which a
presidential primary election is held.
(2)
"Presidential primary election" means a primary election as
defined by division (E)(1) of this section at which an election is
held for the purpose of choosing delegates and alternates to the
national conventions of the major political parties pursuant to
section 3513.12 of the Revised Code. Unless otherwise specified,
presidential primary elections are included in references to primary
elections. In years in which a presidential primary election is held,
all primary elections shall be held on the third Tuesday after the
first Monday in March except as otherwise authorized by a municipal
or county charter.
(F)
"Political party" means any group of voters meeting the
requirements set forth in section 3517.01 of the Revised Code for the
formation and existence of a political party.
(1)
"Major political party" means any political party organized
under the laws of this state whose candidate for governor or nominees
for presidential electors received not less than twenty per cent of
the total vote cast for such office at the most recent regular state
election.
(2)
"Minor political party" means any political party organized
under the laws of this state that meets either of the following
requirements:
(a)
Except as otherwise provided in this division, the political party's
candidate for governor or nominees for presidential electors received
less than twenty per cent but not less than three per cent of the
total vote cast for such office at the most recent regular state
election. A political party that meets the requirements of this
division remains a political party for a period of four years after
meeting those requirements.
(b)
The political party has filed with the secretary of state, subsequent
to its failure to meet the requirements of division (F)(2)(a) of this
section, a petition that meets the requirements of section 3517.01 of
the Revised Code.
A
newly formed political party shall be known as a minor political
party until the time of the first election for governor or president
which occurs not less than twelve months subsequent to the formation
of such party, after which election the status of such party shall be
determined by the vote for the office of governor or president.
(G)
"Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most recent regular
state election at which a governor was elected received more votes
than any other person received for election to that office in such
precinct at such election.
(H)
"Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement on
the official ballot of a primary, general, or special election to be
held in this state, or any qualified person who claims to be a
write-in candidate, or who knowingly assents to being represented as
a write-in candidate by another at either a primary, general, or
special election to be held in this state.
(I)
"Independent candidate" means any candidate who claims not
to be affiliated with a political party, and whose name has been
certified on the office-type ballot at a general or special election
through the filing of a statement of candidacy and nominating
petition, as prescribed in section 3513.257 of the Revised Code.
(J)
"Nonpartisan candidate" means any candidate whose name is
required, pursuant to section 3505.04 of the Revised Code, to be
listed on the nonpartisan ballot, including all candidates for judge
of a municipal court, county court, or court of common pleas, for
member of any board of education, for municipal or township offices
in which primary elections are not held for nominating candidates by
political parties, and for offices of municipal corporations having
charters that provide for separate ballots for elections for these
offices.
(K)
"Party candidate" means any candidate who claims to be a
member of a political party and who has been certified to appear on
the office-type ballot at a general or special election as the
nominee of a political party because the candidate has won the
primary election of the candidate's party for the public office the
candidate seeks, has been nominated under section 3517.012, or is
selected by party committee in accordance with section 3513.31 of the
Revised Code.
(L)
"Officer of a political party" includes, but is not limited
to, any member, elected or appointed, of a controlling committee,
whether representing the territory of the state, a district therein,
a county, township, a city, a ward, a precinct, or other territory,
of a major or minor political party.
(M)
"Question or issue" means any question or issue certified
in accordance with the Revised Code for placement on an official
ballot at a general or special election to be held in this state.
(N)
"Elector" or "qualified elector" means a person
having the qualifications provided by law to be entitled to vote.
(O)
"Voter" means an elector who votes at an election.
(P)
"Voting residence" means that place of residence of an
elector which shall determine the precinct in which the elector may
vote.
(Q)
"Precinct" means a district within a county established by
the board of elections of such county within which all qualified
electors having a voting residence therein may vote at the same
polling place.
(R)
"Polling place" means that place provided for each precinct
at which the electors having a voting residence in such precinct may
vote.
(S)
"Board" or "board of elections" means the board
of elections appointed in a county pursuant to section 3501.06 of the
Revised Code.
(T)
"Political subdivision" means a county, township, city,
village, or school district.
(U)
"Election officer" or "election official" means
any of the following:
(1)
Secretary of state;
(2)
Employees of the secretary of state serving the division of elections
in the capacity of attorney, administrative officer, administrative
assistant, elections administrator, office manager, or clerical
supervisor;
(3)
Director of a board of elections;
(4)
Deputy director of a board of elections;
(5)
Member of a board of elections;
(6)
Employees of a board of elections;
(7)
Precinct election officials;
(8)
Employees appointed by the boards of elections on a temporary or
part-time basis.
(V)
"Acknowledgment notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state, informing
a voter registration applicant or an applicant who wishes to change
the applicant's residence or name of the status of the application;
the information necessary to complete or update the application, if
any; and if the application is complete, the precinct in which the
applicant is to vote.
(W)
"Confirmation notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state, to a
registered elector to confirm the registered elector's current
address, date of birth, or United States citizenship, the number of
the elector's Ohio driver's license or state identification card, the
last four digits of the elector's social security number, or any
other information required for registration. The notice shall be sent
by forwardable mail, shall be accompanied by a postage prepaid,
preaddressed return envelope containing a form on which the elector
may verify or correct the elector's registration, and shall meet the
requirements of the National Voter Registration Act of 1993.
(X)
"Designated agency" means an office or agency in the state
that provides public assistance or that provides state-funded
programs primarily engaged in providing services to persons with
disabilities and that is required by the National Voter Registration
Act of 1993 to implement a program designed and administered by the
secretary of state for registering voters, or any other public or
government office or agency that implements a program designed and
administered by the secretary of state for registering voters,
including the department of job and family services, the program
administered under section 3701.132 of the Revised Code by the
department of health, the department of behavioral health, the
department of developmental disabilities, the opportunities for
Ohioans with disabilities agency, and any other agency the secretary
of state designates. "Designated agency" does not include
public high schools and vocational schools, public libraries, or the
office of a county treasurer.
(Y)
"National Voter Registration Act of 1993" means the
"National Voter Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.
(Z)
"Voting Rights Act of 1965" means the "Voting Rights
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA)(1)
"Photo identification" means one of the following documents
that includes the individual's name and photograph and is not
expired:
(a)
An Ohio driver's license, state identification card, or interim
identification form issued by the registrar of motor vehicles or a
deputy registrar under Chapter 4506. or 4507. of the Revised Code;
(b)
A United States passport or passport card;
(c)
A United States military identification card, Ohio national guard
identification card, or United States department of veterans affairs
identification card.
(2)
A "copy" of an individual's photo identification means
images of both the front and back of a document described in division
(AA)(1) of this section, except that if the document is a United
States passport, a copy of the photo identification means an image of
the passport's identification page that includes the individual's
name, photograph, and other identifying information and the
passport's expiration date.
(BB)
"Driver's license" means a license or permit issued by the
registrar or a deputy registrar under Chapter 4506. or 4507. of the
Revised Code that authorizes an individual to drive. "Driver's
license" includes a driver's license, commercial driver's
license, probationary license, restricted license, motorcycle
operator's license, or temporary instruction permit identification
card. "Driver's license" does not include a limited term
license issued under section 4506.14 or 4507.09 of the Revised Code.
(CC)
"State identification card" means a card issued by the
registrar or a deputy registrar under sections 4507.50 to 4507.52 of
the Revised Code.
(DD)
"Interim identification form" means the document issued by
the registrar or a deputy registrar to an applicant for a driver's
license or state identification card that contains all of the
information otherwise found on the license or card and that an
applicant may use as a form of identification until the physical
license or card arrives in the mail.
(EE)(1)
"Proof of citizenship" means evidence that an individual is
a United States citizen, in the form of one of the following:
(a)
The number of the individual's current Ohio driver's license or state
identification card, if the secretary of state verifies using
information obtained from the bureau of motor vehicles that the
individual has submitted documentation to the bureau that indicates
that the individual is a United States citizen;
(b)
The individual's current Ohio driver's license, state identification
card, or interim identification form issued on or after April 7,
2023, or a copy of the front and back of that license, card, or form,
if the license, card, or form does not include a notation designating
that the individual is a noncitizen of the United States;
(c)
The individual's birth certificate, certification of report of birth,
or consular report of birth abroad, or a copy of one of those
documents;
(d)
The individual's current United States passport or passport card, a
copy of the identification page of the passport, or a copy of the
front and back of the passport card;
(e)
The individual's certificate of naturalization or certificate of
citizenship or a copy of one of those documents;
(f)
The individual's I-797 notice of action for form N-565, application
for replacement naturalization/citizenship document issued by United
States citizenship and immigration services, if the notice indicates
that the application has been approved; a copy of that notice; or an
original or copy of the successor form of that notice issued by the
federal agency that is responsible for fulfilling requests for
replacement naturalization or citizenship documents.
(2)
If an individual's current legal name is different from the name on
the individual's proof of citizenship, the individual also shall
provide proof of the change of name, such as a copy of a marriage
license or court order.
(FF)
"Ranked choice voting" and "instant runoff voting"
mean a method of nominating or electing one or more candidates to an
office as follows:
(1)
Voters rank candidates on the ballot in order of preference.
(2)
Tabulation proceeds in rounds such that in each round, one or more
candidates are nominated or elected or a last-place candidate is
defeated.
(3)
Votes are transferred from nominated, elected, or defeated candidates
to the voter's next-ranked candidate or candidates in order of
preference.
(4)
Tabulation ends when a candidate receives the majority of the votes
cast or when the number of candidates nominated or elected equals the
number of offices to be filled, as applicable.
(GG)
"Overseas voter" means any of the following:
(1)
A United States citizen who is outside of the United States and who,
before leaving the United States, was last eligible to vote in this
state, who may be considered a state resident using the standards for
residency established in sections 3503.02 and 3511.01 of the Revised
Code, and who otherwise satisfies the requirements to vote in this
state;
(2)
A United States citizen who is outside of the United States and who,
before leaving the United States, would have been eligible to vote in
this state had the person then been eighteen years of age or older,
who may be considered a state resident using the standards for
residency established in sections 3503.02 and 3511.01 of the Revised
Code, and who otherwise satisfies the requirements to vote in this
state;
(3)
A United States citizen who was born outside of the United States,
who may be considered a state resident using the standards for
residency established in sections 3503.02 and 3511.01 of the Revised
Code, and who otherwise satisfies the requirements to vote in this
state, if both of the following apply:
(a)
The last place where the person's parent or legal guardian was, or
would have been, eligible to vote before leaving the United States is
within this state;
(b)
The person has not previously registered to vote in any other state.
(HH)
"Uniformed services" means:
(1)
Active and reserve components of the army, navy, air force, marine
corps, space force, or coast guard of the United States;
(2)
The merchant marine, the commissioned corps of the public health
service, or the commissioned corps of the national oceanic and
atmospheric administration of the United States;
(3)
The national guard and the organized militia.
(II)
"Uniformed services voter" means a United States citizen
who is qualified to vote in this state and who is:
(1)
A member of one of the uniformed services described in division
(HH)(1) or (2) of this section;
(2)
A member of one of the uniformed services described in division
(HH)(3) of this section who is on activated status.
(3)
A spouse or dependent of a uniformed services voter. As used in this
division, "dependent" means a person who is recognized as a
dependent by one of the uniformed services.
Sec.
3503.02.
All
registrars and precinct election officials, in determining the
residence of a person offering to register or vote, shall be governed
by the following rules:
(A)
That place shall be considered the residence of a person in which the
person's habitation is fixed and to which, whenever the person is
absent, the person has the intention of returning.
(B)
A person shall not be considered to have lost the person's residence
who leaves the person's home and goes into another state or county of
this state, for temporary purposes only, with the intention of
returning.
(C)
A person shall not be considered to have gained a residence in any
county of this state into which the person comes for temporary
purposes only, without the intention of making such county the
permanent place of abode.
(D)
The place where the family of a married person resides shall be
considered to be the person's place of residence; except that when
the spouses have separated and live apart, the place where such a
spouse resides the length of time required to entitle a person to
vote shall be considered to be the spouse's place of residence.
(E)
If a person removes to another state with the intention of making
such state the person's residence, the person shall be considered to
have lost the person's residence in this state.
(F)
Except as otherwise provided in division (G) of this section, if a
person removes from this state and continuously resides outside this
state for a period of four years or more, the person shall be
considered to have lost the person's residence in this state,
notwithstanding the fact that the person may entertain an intention
to return at some future period.
(G)(1)
If a person removes from this state to engage in the services of the
United States government, the person shall not be considered to have
lost the person's residence in this state, and likewise should the
person enter the employment of the state, the place where such person
resided at the time of the person's removal shall be considered to be
the person's place of residence.
(2)
If a person removes from this state to a location outside of the
United States and the person does not become a resident of another
state, the person shall not be considered to have lost the person's
residence in this state. The place where the person resided at the
time of the person's removal shall be considered to be the person's
place of residence.
(3)
If a person is eligible to vote in this state under division (D)(2)
of section
3511.011
3511.01
of
the Revised Code, the place where the person's parent or legal
guardian resided in this state prior to that parent or legal
guardian's removal to a location outside of the United States shall
be considered to be the person's place of residence.
(4)
If an address that is considered to be a person's place of residence
under division (G) of this section ceases to be a recognized
residential address, the board of elections shall assign an address
to the applicable person for voting purposes.
(H)
If a person goes into another state and while there exercises the
right of a citizen by voting, the person shall be considered to have
lost the person's residence in this state.
(I)
If a person does not have a fixed place of habitation, but has a
shelter or other location at which the person has been a consistent
or regular inhabitant and to which the person has the intention of
returning, that shelter or other location shall be deemed the
person's residence for the purpose of registering to vote.
Sec.
3503.13.
(A)(1)
(A)
Except
as otherwise provided in division
(A)(2)
(B)
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
(B)
The
following
records
in the possession of the secretary of state or a board of elections
are
not
subject
to disclosure
under division (A)(1) of this section
as public records and shall not be disclosed to the public
:
(a)
(1)
An
elector's full or partial social security number, driver's license or
state identification card number, telephone number, or electronic
mail address;
(b)
(2)
A copy of an elector's photo identification;
(3)
An image of an elector or of the elector's photo identification
submitted through the portal described in section 3509.031 of the
Revised Code;
(4)
A
confidential voter registration record, as described in section
111.44 of the Revised Code;
(c)
(5)
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)
(6)
An
elector's proof of citizenship;
(e)
(7)
Any
other information that is prohibited from being disclosed by state or
federal law.
(B)
(C)
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.
3503.153.
(A)
The statewide voter registration database shall be made available on
a web site of the office of the secretary of state as follows:
(1)
Except as otherwise provided in division (A)(2) of this section, the
following information from the statewide voter registration database
regarding a registered elector shall be made available on the web
site:
(a)
The elector's name;
(b)
The elector's birth date;
(c)
The elector's current residence address;
(d)
The elector's precinct number;
(e)
The elector's voter registration date, as described in division
(C)(9) of section 3503.15 of the Revised Code;
(f)
The elector's voting history, as described in division (C)(10) of
section 3503.15 of the Revised Code;
(g)
The elector's last activity date, as described in division (C)(11) of
section 3503.15 of the Revised Code.
(2)
During the thirty days before the day of a primary or general
election, the web site interface of the statewide voter registration
database shall permit an elector to search for the polling location
at which that elector may cast a ballot.
(3)
No information in the statewide voter registration database that is
exempt from disclosure under division
(A)(2)
(B)
of
section 3503.13 of the Revised Code shall be made available on the
web site.
(B)(1)
The secretary of state shall establish, by rule adopted under Chapter
119. of the Revised Code, a process for boards of elections to notify
the secretary of state of changes in the locations of precinct
polling places for the purpose of updating the information made
available on the secretary of state's web site under division (A)(2)
of this section. Those rules shall require a board of elections,
during the thirty days before the day of a primary or general
election, to notify the secretary of state within one business day of
any change to the location of a precinct polling place within the
county.
(2)
During the thirty days before the day of a primary or general
election, not later than one business day after receiving a
notification from a county pursuant to division (B)(1) of this
section that the location of a precinct polling place has changed,
the secretary of state shall update that information on the secretary
of state's web site for the purpose of division (A)(2) of this
section.
Sec.
3503.16.
(A)
Except as otherwise provided in division (E) of section 111.44 of the
Revised Code, whenever a registered elector changes the place of
residence of that registered elector from one precinct to another
within a county or from one county to another, or has a change of
name, that registered elector shall report the change by delivering a
change of residence or change of name form, whichever is appropriate,
as prescribed by the secretary of state under section 3503.14 of the
Revised Code to the state or local office of a designated agency, a
public high school or vocational school, a public library, the office
of the county treasurer, the office of the secretary of state, any
office of the registrar or deputy registrar of motor vehicles, or any
office of a board of elections in person or by a third person. Any
voter registration, change of address, or change of name application,
returned by mail, may be sent only to the secretary of state or the
board of elections.
A
registered elector also may update the registration of that
registered elector by filing a change of residence or change of name
form on the day of a special, primary, or general election at the
polling place in the precinct in which that registered elector
resides or at the board of elections or at another site designated by
the board.
(B)(1)(a)
Any registered elector who moves within a precinct on or prior to the
day of a general, primary, or special election and has not filed a
notice of change of residence with the board of elections may vote in
that election by going to that registered elector's assigned polling
place, completing and signing a notice of change of residence,
showing photo identification, and casting a ballot.
(b)
Any registered elector who changes the name of that registered
elector and remains within a precinct on or prior to the day of a
general, primary, or special election and has not filed a notice of
change of name with the board of elections may vote in that election
by going to that registered elector's assigned polling place,
completing and signing a notice of a change of name, and casting a
provisional ballot under section 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 change of
residence or change of name, whichever is appropriate, with the board
of elections may vote in that election if that registered elector
complies with division (G) of this section or does all of the
following:
(a)
Appears at anytime during regular business hours on or after the
twenty-eighth day prior to the election in which that registered
elector wishes to vote or, if the election is held on the day of a
presidential primary election, the twenty-fifth day prior to the
election, through noon of the Saturday prior to the election 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 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 receiving a notice of change of residence or change of name, the
board of elections shall immediately send the registrant an
acknowledgment notice. If the change of residence or change of name
notice is valid, the board shall update the voter's registration as
appropriate. If that form is incomplete, the board shall inform the
registrant in the acknowledgment notice specified in this division of
the information necessary to complete or update that registrant's
registration.
(F)
Change of residence and change of name forms shall be available at
each polling place, and when these forms are completed, noting
changes of residence or name, as appropriate, 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
Applies
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
;
.
The registered elector either may apply on a paper form prescribed by
the secretary of state for that purpose that includes all of the
information required under section 3509.03 of the Revised Code or may
apply through the portal created under section 3509.031 of the
Revised Code. If division (A) of section 3509.032 of the Revised Code
applies to the elector, the elector may provide alternative
identification in order to cast absent voter's ballots as permitted
under that section.
(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.
3505.19.
(A)
An elector who does not have photo identification because the elector
has a religious objection to being photographed may complete an
affidavit of religious objection in lieu of providing photo
identification for the purpose of casting a provisional ballot
,
as described in section 3505.181 of the Revised Code, or for the
purpose of casting absent voter's ballots, as described in section
3509.032 of the Revised Code
.
(B)
The secretary of state shall prescribe the form of the affidavit of
religious objection, which shall be substantially as follows:
"Affidavit
of Religious Objection
I,
_______________________ (first and last name of elector), declare
under penalty of election falsification that I do not have photo
identification because I have a sincere religious objection to being
photographed.
The
last four digits of my Social Security number are: ______
________________________
(Signature
of individual)
WHOEVER
COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH
DEGREE."
(C)
Upon receiving a completed affidavit of religious objection, the
board of elections shall transmit the information in the affidavit to
the secretary of state. The secretary of state shall consult the
database of the bureau of motor vehicles to determine whether the
registrar of motor vehicles or a deputy registrar has issued a
currently unexpired photo identification to the elector and shall
notify the board of the result.
(D)
An affidavit of religious objection is not valid if either of the
following apply:
(1)
The last four digits of the elector's social security number, as
provided on the affidavit, are different from the last four digits of
the elector's social security number in the statewide voter
registration database.
(2)
The registrar of motor vehicles or a deputy registrar has issued a
currently unexpired photo identification to the elector.
Sec.
3509.03.
(A)
Except as otherwise provided in sections 3509.051, 3511.02, and
3511.021 of the Revised Code, any qualified elector desiring to vote
absent voter's ballots at an election shall deliver a written
application for those ballots, either in person or by mail, to the
board of elections of the county in which the elector's voting
residence is located
or shall apply for those ballots using the portal created under
section 3509.031 of the Revised Code
.
(B)
Except as otherwise permitted under
section
sections
3509.031 and
3511.02
of the Revised Code
and under division (C) of this section
,
the application shall be on a form prescribed by the secretary of
state and shall contain all of the following:
(1)
The elector's name;
(2)
The elector's signature;
(3)
The address at which the elector is registered to vote
,
except that if the elector has a confidential voter registration
record, as described in section 111.44 of the Revised Code, the
elector instead may provide the elector's program participant
identification number
;
(4)
The elector's date of birth;
(5)
One of the following
forms of identification
:
(a)
The
elector's Ohio driver's license or state identification card number;
(b)
The last four digits of the elector's social security number;
(c)
A
copy of the elector's photo identification
.
enclosed with the application or an indication that the elector
showed photo identification to the election officials when submitting
the application in person, as permitted under division (C) of this
section;
(b)
Except as otherwise permitted under section 3509.032 of the Revised
Code, if the elector cannot provide photo identification at the time
of applying for absent voter's ballots, the elector's Ohio driver's
license or state identification card number or the last four digits
of the elector's social security number. The form shall notify the
elector that if the elector does not provide photo identification
with the application, the elector is required to provide photo
identification when returning the elector's voted ballots, as
permitted under section 3509.05 of the Revised Code, unless division
(A) of section 3509.032 of the Revised Code applies to the elector.
(c)
If division (A) of section 3509.032 of the Revised Code applies to
the elector, a completed affirmation as permitted under that section.
(6)
A statement identifying the election for which absent voter's ballots
are requested;
(7)
A statement that the person requesting the ballots is a qualified
elector;
(8)
If the request is for primary election ballots, the elector's party
affiliation;
(9)
If the elector desires ballots to be mailed to the elector, the
address to which those ballots shall be mailed.
(C)
If
the elector has a confidential voter registration record, as
described in section 111.44 of the Revised Code, the elector may
provide the elector's program participant identification number
instead of the address at which the elector is registered to vote.
An
elector who personally delivers the elector's application for absent
voter's ballots to the board of elections may show the elector's
photo identification to the election officials at that time instead
of including a copy of the elector's photo identification with the
application. The election officials shall mark the application to
indicate that the elector has fulfilled the photo identification
requirement to cast absent voter's ballots.
(D)
Except
as otherwise provided in division (A) of section 3509.051 and in
division (B) of section 3509.08 of the Revised Code, an
An
application
to receive absent voter's ballots shall be delivered to the office of
the board not earlier than the first day of January of the year of
the
elections
election
for
which the absent voter's ballots are requested or not earlier than
ninety days before the day of the election at which the ballots are
to be voted, whichever is earlier, and not later than the close of
business on the seventh day before the day of the election at which
the ballots are to be voted.
An application submitted through the portal created under section
3509.031 of the Revised Code not later than the close of business on
the seventh day before the day of the election is considered to have
been received by the appropriate board of elections by that deadline.
(E)
Except as permitted under section 111.31 of the Revised Code, no
public office, and no public official or employee who is acting in an
official capacity, shall do either of the following:
(1)
Prepay the return postage for an application for absent voter's
ballots;
(2)
Mail or otherwise deliver an unsolicited application for absent
voter's ballots to any person.
(F)(1)
Except as otherwise provided in division (F)(2) of this section and
in sections 3505.24 and 3509.08 of the Revised Code, no person shall
preprint or fill out any portion of an application for absent voter's
ballots on behalf of an applicant.
(2)
The secretary of state or a board of elections may preprint only an
applicant's name and address on an application for absent voter's
ballots before mailing that application to the applicant, except that
if the applicant has a confidential voter registration record, the
secretary of state or a board of elections shall not preprint the
applicant's address on the application.
(3)
A completed application for absent voter's ballots is not valid if
any portion of it has been completed by any person other than the
applicant in violation of division (F) of this section.
Sec.
3509.031.
(A)
The secretary of state shall establish and maintain a secure online
portal through which an elector may submit an application for absent
voter's ballots, beginning with applications submitted on or after
September 3, 2027, to cast absent voter's ballots in the general
election held on November 2, 2027.
(B)
The portal shall require the applicant to submit all of the following
information:
(1)
The applicant's name;
(2)
The address at which the applicant is registered to vote, except that
if the applicant has a confidential voter registration record, as
described in section 111.44 of the Revised Code, the applicant
instead may provide the applicant's program participant
identification number;
(3)
The applicant's date of birth;
(4)
The election for which the applicant requests absent voter's ballots;
(5)
If the request is for primary election ballots, the applicant's party
affiliation;
(6)
The address to which the ballots should be mailed, except as
otherwise permitted under divisions (B)(7) and (8) of this section;
(7)
If the applicant is applying under division (G) of section 3503.16 or
division (A) of section 3509.08 of the Revised Code, an indication of
that fact, along with the additional information and affirmations
required under the applicable section;
(8)
If the applicant is a uniformed services voter or overseas voter, an
indication of that fact, along with all of the following information:
(a)
A statement of the voter's length of residence in the state
immediately preceding the commencement of service, immediately
preceding the date of leaving to be with or near the service member,
or immediately preceding leaving the United States, or a statement
that the voter's parent or legal guardian resided in this state long
enough to establish residency for voting purposes immediately
preceding leaving the United States, whichever is applicable;
(b)
If the voter desires ballots to be sent to the voter by facsimile
machine, the telephone number to which they shall be so sent;
(c)
If the voter desires ballots to be sent to the voter by electronic
mail or, if offered by the board of elections or the secretary of
state, through internet delivery, the voter's electronic mail address
or other internet contact information.
(C)
The portal shall require the applicant to provide two forms of
identification by complying with division (C)(1), (2), or (3) of this
section, as applicable.
(1)
If the electronic device the applicant is using to submit the
application supports it, the applicant shall verify the applicant's
identity through a live capture procedure that requires the applicant
to create and submit a copy of the applicant's photo identification
at the time of submitting the application and also to create and
submit an image of the applicant's face at the time of submitting the
application. If the electronic device the applicant is using to
submit the application does not support the live capture procedure,
the applicant shall upload a copy of the applicant's photo
identification. The applicant also shall provide one of the
following:
(a)
The last four digits of the applicant's social security number;
(b)
If the photo identification provided is not the applicant's Ohio
driver's license or state identification card, the number of the
applicant's Ohio driver's license or state identification card;
(c)
If the electronic device the applicant is using to submit the
application supports it, the applicant's signature written at the
time of submitting the application using a finger, stylus, or similar
device.
(2)
Except as otherwise permitted under section 3509.032 of the Revised
Code, if the applicant cannot provide photo identification at the
time of applying for absent voter's ballots, the applicant shall
indicate that the applicant will provide photo identification when
returning the applicant's voted ballots, as permitted under section
3509.05 of the Revised Code, and provide two of the following:
(a)
The last four digits of the applicant's social security number;
(b)
The applicant's Ohio driver's license or state identification card
number;
(c)
If the electronic device the applicant is using to submit the
application supports it, the applicant's signature written at the
time of submitting the application using a finger, stylus, or similar
device.
(3)
If division (A) of section 3509.032 of the Revised Code applies to
the applicant, the applicant shall provide identification as
described in division (B) of that section.
(D)
The portal shall require the applicant to mark a box that appears in
conjunction with a statement that the applicant affirms under penalty
of election falsification that the applicant is a qualified elector
and that all of the information the applicant has provided in the
application is true.
(E)
The portal shall accept applications for absent voter's ballots for
an election during the period beginning on the first day of January
of the year of the election or ninety days before the day of the
election, whichever is earlier, and ending at the close of business
on the seventh day before the day of the election.
(F)
The secretary of state shall securely transmit completed applications
submitted through the portal to the appropriate boards of elections
by electronic means at least once per business day.
(G)
The secretary of state shall employ whatever security measures the
secretary of state considers necessary to ensure the integrity and
accuracy of information submitted electronically through the portal.
Errors in processing applications through the portal shall not
prevent an applicant from voting.
Sec.
3509.032.
(A)
An elector to whom any of the following apply may cast absent voter's
ballots by mail at an election by providing alternative
identification instead of a copy of the elector's photo
identification, in accordance with this section:
(1)
The elector is a uniformed services voter or overseas voter.
(2)
The elector does not have photo identification because the elector
has a sincere religious objection to being photographed.
(3)
The elector does not have photo identification or cannot provide a
copy of the elector's photo identification for any of the following
reasons:
(a)
Because of the elector's severe medical condition;
(b)
Because of the elector's physical disability or infirmity;
(c)
Because of the elector's confinement in a jail or workhouse under
sentence for a misdemeanor or awaiting trial on a felony or
misdemeanor;
(d)
Because the elector lacks the mobility to obtain photo identification
or a copy of the elector's photo identification;
(e)
Because of another material obstacle that makes the elector unable to
obtain photo identification or a copy of the elector's photo
identification, as described by the elector on the affirmation under
division (B) of this section.
(B)(1)
An elector described in division (A) of this section shall submit an
affirmation on a form prescribed by the secretary of state along with
the elector's application under section 3509.03 or 3509.031 of the
Revised Code or along with the elector's voted ballots under division
(B)(3) of section 3509.05 of the Revised Code instead of providing
photo identification. If the application is submitted through the
portal created under section 3509.031 of the Revised Code, the
affirmation shall be in an electronic format integrated into the
application. The affirmation shall include all of the following:
(a)
A declaration, made under penalty of election falsification, of which
of the circumstances described in division (A)(1), (2), or (3) of
this section apply to the elector and, if division (A)(3)(e) of this
section applies to the elector, a description of the material
obstacle;
(b)
If the affirmation is submitted along with a paper application under
section 3509.03 of the Revised Code, the elector's signature and one
of the following:
(i)
The last four digits of the elector's social security number;
(ii)
If the elector is described in division (A)(1) or (3) of this section
and has an Ohio driver's license or state identification card, the
number of the elector's Ohio driver's license or state identification
card.
(c)
If the affirmation is submitted along with an electronic application
under section 3509.031 of the Revised Code, two of the following,
provided that if the applicant cannot provide two of the following
with the electronic application, the applicant instead shall apply on
paper under section 3509.03 of the Revised Code:
(i)
If the electronic device the applicant is using to submit the
application supports it, the applicant's signature written at the
time of submitting the application using a finger, stylus, or similar
device;
(ii)
The last four digits of the elector's social security number;
(iii)
If the elector is described in division (A)(1) or (3) of this section
and has an Ohio driver's license or state identification card, the
number of the elector's Ohio driver's license or state identification
card.
(2)
An elector who has a sincere religious objection to being
photographed may submit the affidavit described in section 3505.19 of
the Revised Code instead of an affirmation described in division
(B)(1) of this section when applying under section 3509.03 of the
Revised Code or along with the elector's voted ballots.
(C)
A uniformed services voter or overseas voter may apply for absent
voter's ballots on the federal post card application prescribed under
the "Uniformed and Overseas Citizens Absentee Voting Act,"
52 U.S.C. 20301, as permitted under section 3511.02 of the Revised
Code, instead of submitting an affirmation under division (B) of this
section with an application under section 3509.03 or 3509.031 of the
Revised Code.
Sec.
3509.04.
(A)
If a board of elections receives an application for absent voter's
ballots that does not contain all of the required information or is
not submitted on an appropriate form, the board promptly shall notify
the applicant of the additional information required to be provided
by the applicant to complete that application, direct the applicant
to use an appropriate form, or both, as applicable.
(B)
Upon receipt by the board of elections of an application for absent
voter's ballots that contains all of the required information and is
submitted on an appropriate form,
as
provided by section 3509.03 and division (G) of section 3503.16 of
the Revised Code,
the
board, if the board finds that the applicant is a qualified elector,
shall deliver to the applicant in person or mail directly to the
applicant by special delivery mail, air mail, or regular mail,
postage prepaid, proper absent voter's ballots. The board shall
deliver or mail with the ballots an unsealed identification envelope
upon the face of which shall be printed a form substantially as
follows:
"Identification
Envelope Statement of Voter
I,
________________________(Name of voter), declare under penalty of
election falsification that the within ballot or ballots contained no
voting marks of any kind when I received them, and I caused the
ballot or ballots to be marked, enclosed in the identification
envelope, and sealed in that envelope.
My
voting residence in Ohio is
________________________________________________________________
(Street
and Number, if any, or Rural Route and Number)
of
________________________________ (City, Village, or Township) Ohio,
which is in Ward _____________ Precinct ________________ in that
city, village, or township.
If
I have a confidential voter registration record, I am providing my
program participant identification number instead of my residence
address: ________________________
The
primary election ballots, if any, within this envelope are primary
election ballots of the _____________ Party.
Ballots
contained within this envelope are to be voted at the __________
(general, special, or primary) election to be held on the
__________________________ day of ______________________, ____.
My
date of birth is _______________ (Month and Day), __________ (Year).
(Voter
must provide one of the following:)
My
Ohio driver's license or state identification card number is
_______________ (Driver's license or state identification card
number).
The
last four digits of my Social Security Number are _______________
(Last four digits of Social Security Number).
______
In lieu of providing a driver's license or state identification card
number or the last four digits of my Social Security Number, I am
enclosing a copy of my photo identification in the return envelope in
which this identification envelope will be mailed.
______
I am personally delivering this ballot to the board of elections and
will show the election officials photo identification at that time.
I
hereby declare, under penalty of election falsification, that the
statements above are true, as I verily believe.
_________________________
(Signature
of Voter)
WHOEVER
COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH
DEGREE."
The
board shall mail with the ballots and the unsealed identification
envelope an unsealed return envelope upon the face of which shall be
printed the post-office address of the board. In the upper left
corner on the face of the return envelope, several blank lines shall
be printed upon which the voter may write the voter's name and return
address. The return envelope shall be of such size that the
identification envelope can be conveniently placed within it for
returning the identification envelope to the board.
If,
when applying for the ballots, the applicant did not provide photo
identification, as described in section 3509.03 or 3509.031 of the
Revised Code, or submit a valid affirmation as described in section
3509.032 of the Revised Code, the board shall clearly mark the
identification envelope to indicate that the applicant must comply
with division (B)(2) or (3) of section 3509.05 of the Revised Code in
order to have the applicant's voted ballots counted and shall enclose
instructions to the applicant to that effect.
No
public office, and no public official or employee who is acting in an
official capacity, shall prepay the return postage for any absent
voter's ballots.
Except
as otherwise provided in this section and in sections 3505.24 and
3509.08 of the Revised Code, an election official shall not fill out
any portion of an identification envelope statement of voter or an
absent voter's ballot on behalf of an elector. A board of elections
may preprint only an elector's name and address on an identification
envelope statement of voter before mailing absent voter's ballots to
the elector, except that if the elector has a confidential voter
registration record, as described in section 111.44 of the Revised
Code, the board of elections shall not preprint the elector's address
on the identification envelope statement of voter.
Sec.
3509.05.
(A)
When an elector receives an absent voter's ballot pursuant to the
elector's application or request, the elector shall, before placing
any marks on the ballot, note whether there are any voting marks on
it. If there are any voting marks, the ballot shall be returned
immediately to the board of elections; otherwise, the elector shall
cause the ballot to be marked, folded in a manner that the stub on it
and the indorsements and facsimile signatures of the members of the
board of elections on the back of it are visible, and placed and
sealed within the identification envelope received from the board of
elections for that purpose. Then, the elector shall cause the
statement of voter on the outside of the identification envelope to
be completed and signed, under penalty of election falsification.
(B)
The
(B)(1)
Except as otherwise provided in divisions (B)(2) and (3) of this
section, the
elector
shall provide one of the following:
(1)
(a)
The
elector's Ohio driver's license or state identification card number
on the statement of voter on the identification envelope;
(2)
(b)
The
last four digits of the elector's social security number on the
statement of voter on the identification envelope;
(3)
(c)
A
copy of the elector's photo identification in the return envelope
with the identification envelope
.
If the elector personally delivers the elector's voted ballots to the
board of elections, the elector instead may show photo identification
to the election officials at that time
.
(2)
Except as otherwise provided in division (B)(3) of this section, if
the elector did not provide photo identification when applying to
cast absent voter's ballots, the elector shall do one of the
following:
(a)
Enclose a copy of the elector's photo identification in the return
envelope with the identification envelope;
(b)
Personally deliver the elector's voted ballots to the board of
elections and show the election officials photo identification at
that time.
(3)
If division (A) of section 3509.032 of the Revised Code applies to
the elector and the elector did not provide photo identification or
submit a completed affirmation as described in that section at the
time of applying to cast absent voter's ballots, the elector shall do
one of the following:
(a)
Submit a completed affirmation in the return envelope with the
identification envelope;
(b)
Personally return the elector's ballots to the board and submit a
completed affirmation at that time.
(4)
If an elector shows photo identification to the election officials
when personally returning the elector's ballot to the board, the
election officials shall mark the identification envelope to indicate
that the elector has fulfilled both the photo identification
requirement to cast absent voter's ballots and the identification
requirement to return absent voter's ballots.
(C)(1)
The elector shall mail the identification envelope to the office of
the board of elections in the return envelope, postage prepaid, or
the elector may personally deliver it to the office of the board, or
the spouse of the elector, the father, mother, father-in-law,
mother-in-law, grandfather, grandmother, brother, or sister of the
whole or half blood, or the son, daughter, adopting parent, adopted
child, stepparent, stepchild, uncle, aunt, nephew, or niece of the
elector may deliver it to the office of the board. The return
envelope shall be returned by no other person, in no other manner,
and to no other location, except as otherwise provided in section
3509.08 of the Revised Code.
(2)
If the board maintains multiple offices in the county, as permitted
under division (C) of section 3501.10 of the Revised Code, the board
may designate any of its offices for the return of absent voter's
ballots under this section, provided that the board shall designate
only one office to which absent voter's ballots shall be returned
under this section.
(3)(a)
The board of elections may place not more than one secure receptacle
outside the office of the board, on the property on which the office
of the board is located, for the purpose of receiving absent voter's
ballots under this section.
(b)
A secure receptacle shall be open to receive ballots only during the
period beginning on the first day after the close of voter
registration before the election and ending at seven-thirty p.m. on
the day of the election. The receptacle shall be open to receive
ballots at all times during that period.
(c)
A secure receptacle shall be monitored by recorded video surveillance
at all times. The video recordings are a public record. The board
shall do one of the following:
(i)
Make the video recordings available for inspection upon request in
accordance with section 149.43 of the Revised Code.
(ii)
Make each day's video recording available to the public on the
internet for streaming or download without charge within seventy-two
hours after the recording ends and make the video recordings
available to the public upon request in accordance with section
149.43 of the Revised Code.
(d)
Only a bipartisan team of election officials may open a secure
receptacle or handle its contents. A bipartisan team of election
officials shall collect the contents of each secure receptacle and
deliver them to the board for processing at least once each day and
at seven-thirty p.m. on the day of the election. If, at seven-thirty
p.m. on the day of the election, there are persons waiting in line to
deposit absent voter's ballots in a receptacle, those persons shall
be permitted to deposit the ballots.
(4)(a)
During the period beginning on the forty-fifth day before election
day and ending on the day after election day, on each day the office
of the board of elections is open for business, the board shall
report to the secretary of state all of the following information
concerning the previous business day:
(i)
The number of return envelopes purporting to contain absent voter's
ballots or uniformed services or overseas absent voter's ballots the
board received by personal delivery, other than to a receptacle
described in division (C)(3) of this section;
(ii)
If the board has placed a secure receptacle outside the office of the
board under division (C)(3) of this section, the number of return
envelopes purporting to contain absent voter's ballots or uniformed
services or overseas absent voter's ballots the board received in the
receptacle.
(b)
As soon as practicable after receiving a report under division
(C)(4)(a) of this section, the secretary of state shall make the
information in the report available to the public on the secretary of
state's official web site.
(D)
Except as otherwise provided in section 3511.11 of the Revised Code,
all envelopes containing marked absent voter's ballots shall be
delivered to the office of the board not later than the close of the
polls on the day of an election. Absent voter's ballots delivered to
the office of the board later than the times specified shall not be
counted, but shall be kept by the board in the sealed identification
envelopes in which they are delivered, until the time provided by
section 3505.31 of the Revised Code for the destruction of all other
ballots used at the election for which ballots were provided, at
which time they shall be destroyed.
Sec.
3509.051.
An
elector may appear at the office of the board of elections to cast
absent voter's ballots in person instead of applying
for
those
to
cast absent voter's
ballots
under section 3509.03
,
3509.031, 3509.08, or 3511.02
of the Revised Code. Notwithstanding section 3509.05 or any other
provision of the Revised Code to the contrary, all of the following
shall apply to the casting of absent voter's ballots in person:
(A)(1)
Except as otherwise provided in division (A)(2) of this section,
in-person absent voting shall be permitted only during the period
beginning on the first day after the close of voter registration
before the election and ending at five p.m. on the Sunday before the
day of the election.
(2)
If, at the time for the close of in-person absent voting on a
particular day, there are voters waiting in line to cast their
ballots, the in-person absent voting location shall be kept open
until such waiting voters have cast their absent voter's ballots.
(B)
An in-person absent voter shall provide photo identification to the
election officials, sign a poll list or signature pollbook, and cast
a ballot in the same manner as a voter who casts a ballot in person
on the day of an election under section 3505.18 of the Revised Code.
The
absent voter shall not be required to complete a written application
for absent voter's ballots or a statement of voter on an absent
voter's ballot identification envelope.
(C)
No person other than an election official shall be permitted to
challenge the right to vote of an absent voter who is casting a
ballot in person. An election official may challenge the right to
vote of an absent voter who is casting a ballot in person in the same
manner as a precinct election official may challenge the right to
vote of an elector on the day of an election under section 3505.20 or
3513.19 of the Revised Code.
(D)
An individual who appears to cast absent voter's ballots in person
and is eligible to cast a provisional ballot under section 3505.181
of the Revised Code shall be permitted to do so as though the
individual had appeared at a polling place on the day of the
election.
(E)
No absent voter may receive a replacement ballot after the voter's
absent voter's ballot has been scanned or entered into automatic
tabulating equipment.
(F)
Ballots cast under this section, other than provisional ballots, may
be recorded by a voting machine or scanned by automatic tabulating
equipment before the close of the polls on the day of the election,
but the board of elections shall not tabulate or count the votes on
those ballots before that time.
Sec.
3509.06.
(A)
The board of elections shall determine whether absent voter's ballots
cast under section 3503.16, 3509.05, 3509.08, or 3511.09 of the
Revised Code shall be processed and counted in each precinct, at the
office of the board, or at some other location designated by the
board, and shall proceed accordingly under division (B), (C), or (E)
of this section, as applicable.
(B)(1)
Except as otherwise provided in division (B)(2) of this section, when
the board of elections determines that those absent voter's ballots
shall be processed and counted in each precinct, the board shall
deliver to the voting location manager of each precinct on election
day identification envelopes purporting to contain absent voter's
ballots of electors whose voting residence appears from the statement
of voter on the outside of each of those envelopes, to be located in
that manager's precinct, and which were received by the board not
later than the close of the polls on election day. The board shall
deliver to the voting location manager a list containing the name and
voting residence of each person whose voting residence is in such
precinct to whom absent voter's ballots were mailed.
(2)
The board shall not deliver to the voting location manager
identification envelopes cast by electors who provided a program
participant identification number instead of a residence address on
the identification envelope and shall not inform the voting location
manager of the names and voting residences of persons who have
confidential voter registration records. Those identification
envelopes shall be examined and processed as described in division
(E) of this section.
(C)
When the board of elections determines that those absent voter's
ballots shall be processed and counted at the office of the board of
elections or at another location designated by the board, special
election officials shall be appointed by the board for that purpose
having the same authority as is exercised by precinct election
officials. The votes so cast shall be added to the vote totals by the
board, and the absent voter's ballots shall be preserved separately
by the board, in the same manner and for the same length of time as
provided by section 3505.31 of the Revised Code.
(D)
Each of the identification envelopes purporting to contain absent
voter's ballots delivered to the voting location manager of the
precinct or the special election official appointed by the board of
elections shall be handled as follows:
(1)
The election officials shall compare the signature of the elector on
the outside of the identification envelope with the signature of that
elector on the elector's registration form and verify that the absent
voter's ballot is eligible to be counted under section 3509.07 of the
Revised Code.
(2)(a)
Any of the precinct officials may challenge the right of the elector
named on the identification envelope to vote the absent voter's
ballots upon the ground that the signature on the envelope is not the
same as the signature on the registration form, that the
identification envelope statement of voter is incomplete, or upon any
other of the grounds upon which the right of persons to vote may be
lawfully challenged.
(b)
If the elector's name does not appear in the pollbook or poll list or
signature pollbook, the precinct officials shall deliver the absent
voter's ballots to the director of the board of elections to be
examined and processed in the manner described in division (E) of
this section.
(3)(a)
An identification envelope statement of voter shall be considered
incomplete if it does not include all of the following:
(i)
The voter's name;
(ii)
The voter's residence address or, if the voter has a confidential
voter registration record, as described in section 111.44 of the
Revised Code, the voter's program participant identification number;
(iii)
The voter's date of birth. The requirements of this division are
satisfied if the voter provided a date of birth and any of the
following is true:
(I)
The month and day of the voter's date of birth on the identification
envelope statement of voter are not different from the month and day
of the voter's date of birth contained in the statewide voter
registration database.
(II)
The voter's date of birth contained in the statewide voter
registration database is January 1, 1800.
(III)
The board of elections has found, by a vote of at least three of its
members, that the voter has met the requirements of divisions
(D)(3)(a)(i), (ii), (iv), and (v) of this section.
(iv)
The voter's signature; and
(v)
One of the following forms of identification:
(I)
The voter's Ohio driver's license or state identification card
number;
(II)
The last four digits of the voter's social security number; or
(III)
A copy of the voter's photo identification.
(b)
If
the identification envelope is marked to indicate that the applicant
must comply with division (B)(2) or (3) of section 3509.05 of the
Revised Code in order to have the applicant's voted ballots counted,
the identification envelope statement of voter is incomplete if the
voter has not done one of the following:
(i)
Provided a copy of the voter's photo identification;
(ii)
Appeared in person at the office of the board and showed photo
identification to the election officials, as indicated by the
election officials on the identification envelope;
(iii)
If division (A) of section 3509.032 of the Revised Code applies to
the elector, submitted a valid affirmation as described in that
section.
(c)
If
the election officials find that the identification envelope
statement of voter is incomplete or that the information contained in
that statement does not conform to the information contained in the
statewide voter registration database concerning the voter, the
election officials shall mail a written notice to the voter,
informing the voter of the nature of the defect. The notice shall
inform the voter that in order for the voter's ballot to be counted,
the voter must provide the necessary information to the board of
elections in writing and on a form prescribed by the secretary of
state not later than the fourth day after the day of the election.
The voter may deliver the form to the office of the board in person
or by mail. If the voter provides the necessary information to the
board of elections not later than the fourth day after the day of the
election and the ballot is not successfully challenged on another
basis, the voter's ballot shall be processed and counted in
accordance with this section.
(4)
If no such challenge is made, or if such a challenge is made and not
sustained, the voting location manager shall open the envelope
without defacing the statement of voter and without mutilating the
ballots in it, and shall remove the ballots contained in it and
proceed to count them.
(5)(a)
Except as otherwise provided in division (D)(5)(b) of this section,
the name of each person voting who is entitled to vote only an absent
voter's presidential ballot shall be entered in a pollbook or poll
list or signature pollbook followed by the words "Absentee
Presidential Ballot." The name of each person voting an absent
voter's ballot, other than such persons entitled to vote only a
presidential ballot, shall be entered in the pollbook or poll list or
signature pollbook and the person's registration card marked to
indicate that the person has voted.
(b)
If the person voting has a confidential voter registration record,
the person's registration card shall be marked to indicate that the
person has voted, but the person's name shall not be entered in the
pollbook or poll list or signature pollbook.
(6)
The date of such election shall also be entered on the elector's
registration form. If any such challenge is made and sustained, the
identification envelope of such elector shall not be opened, shall be
endorsed "Not Counted" with the reasons the ballots were
not counted, and shall be delivered to the board.
(E)(1)
When the board of elections receives absent voter's ballots from an
elector who has provided a program participant identification number
instead of a residence address on the identification envelope
statement of voter, the director and the deputy director personally
shall examine and process the identification envelope statement of
voter in the manner prescribed in division (D) of this section.
(2)
If the director and the deputy director find that the identification
envelope statement of voter is incomplete or that the information
contained in that statement does not conform to the information
contained in the statewide voter registration database concerning the
voter or to the information contained in the voter's confidential
voter registration record, the director and the deputy director shall
mail a written notice to the voter informing the voter of the nature
of the defect. The notice shall inform the voter that in order for
the voter's ballot to be counted the voter must provide the necessary
information to the board of elections in writing and on a form
prescribed by the secretary of state not later than the fourth day
after the day of the election. The voter may deliver the form to the
office of the board in person or by mail. If the voter provides the
necessary information to the board of elections not later than the
fourth day after the day of the election and the ballot is not
successfully challenged on another basis, the voter's ballot shall be
counted in accordance with this section.
(3)
The director or the deputy director may challenge the ballot on the
ground that the signature on the envelope is not the same as the
signature on the registration form, that the identification envelope
statement of voter is incomplete, or upon any other of the grounds
upon which the right of persons to vote may be lawfully challenged.
If such a challenge is made, the board of elections shall decide
whether to sustain the challenge.
(4)
If neither the director nor the deputy director challenges the
ballot, or if such a challenge is made and not sustained, the
director and the deputy director shall open the envelope without
defacing the statement of voter and without mutilating the ballots in
it, shall remove the ballots contained in it, and shall transmit the
ballots to the election officials to be counted with other absent
voter's ballots from that precinct.
(F)
The board of elections shall process absent voter's ballots before
the time for counting those ballots, but the board shall not tabulate
or count the votes on those ballots before that time. As used in this
section and section 3511.11 of the Revised Code, processing an absent
voter's ballot means all of the following:
(1)
Examining the identification envelope statement of voter in order to
verify that the absent voter's ballot is eligible to be counted under
section 3509.07 of the Revised Code;
(2)
Opening the identification envelope, if the absent voter's ballot is
eligible to be counted;
(3)
Determining the validity of the absent voter's ballot under section
3509.07 of the Revised Code;
(4)
Preparing and sorting the absent voter's ballot for scanning by
automatic tabulating equipment;
(5)
Scanning the absent voter's ballot by automatic tabulating equipment,
if the equipment used by the board of elections permits an absent
voter's ballot to be scanned without tabulating or counting the votes
on the ballots scanned.
(G)
Special election officials, employees or members of the board of
elections, or observers shall not disclose the count or any portion
of the count of absent voter's ballots prior to the time of the
closing of the polling places. No person shall recklessly disclose
the count or any portion of the count of absent voter's ballots in
such a manner as to jeopardize the secrecy of any individual ballot.
(H)(1)
Except as otherwise provided in division (H)(2) of this section,
observers may be appointed under section 3505.21 of the Revised Code
to witness the examination and opening of identification envelopes
and the processing and counting of absent voters' ballots under this
section.
(2)
Observers shall not be permitted to witness the examination and
opening of identification envelopes returned by, and the processing
and counting of absent voter's ballots cast by, electors who have
confidential voter registration records in a manner that would permit
the observers to learn the identities or residence addresses of those
electors.
Sec.
3509.07.
If
election officials find that any of the following are true concerning
an absent voter's ballot or absent voter's presidential ballot cast
under section 3503.16, 3509.05, 3509.08, or 3511.09 of the Revised
Code and, if applicable, the person did not provide any required
additional information to the board of elections not later than the
fourth day after the day of the election, as permitted under division
(D)(3)(b) or (E)(2) of section 3509.06 of the Revised Code, the
ballot shall not be accepted or counted:
(A)
The statement accompanying the ballot is incomplete as described in
division (D)(3)(a)
or
(b)
of
section 3509.06 of the Revised Code or is insufficient;
(B)
The signatures do not correspond with the person's registration
signature;
(C)
The applicant is not a qualified elector in the precinct;
(D)
The ballot envelope contains more than one ballot of any one kind, or
any voted ballot that the elector is not entitled to vote;
(E)
Stub A is detached from the absent voter's ballot or absent voter's
presidential ballot; or
(F)
The elector has not included with the elector's ballot any
identification required under section 3509.05 or 3511.09 of the
Revised Code.
The
vote of any absent voter may be challenged for cause in the same
manner as other votes are challenged, and the election officials
shall determine the legality of that ballot. Every ballot not counted
shall be endorsed on its back "Not Counted" with the
reasons the ballot was not counted, and shall be enclosed and
returned to or retained by the board of elections along with the
contested ballots.
Sec.
3509.08.
(A)
(A)(1)
Any qualified elector, who, on account of the elector's own personal
illness, physical disability, or infirmity, or on account of the
elector's confinement in a jail or workhouse under sentence for a
misdemeanor or awaiting trial on a felony or misdemeanor, will be
unable to travel from the elector's home or place of confinement to
the voting booth in the elector's precinct on the day of any general,
special, or primary election
and wishes to cast absent voter's ballots with the assistance of a
bipartisan team of election officials
may
make
application in writing for an absent voter's ballot
apply
to
the board of elections of the elector's county
in
the manner described in
by
either of the following methods:
(a)
On a form prescribed by the secretary of state for that purpose that
includes all of the information required under
section
3509.03 of the Revised Code
.
The application shall
and that requires the applicant to
state
the nature of the elector's illness, physical disability, or
infirmity, or the fact that the elector is confined in a jail or
workhouse and the elector's resultant inability to travel to the
election booth in the elector's precinct on election day
;
(b)
Using the portal created under section 3509.031 of the Revised Code
.
(2)
If division (A) of section 3509.032 of the Revised Code applies to
the elector, the elector may provide alternative identification in
order to cast absent voter's ballots as permitted under that section.
(3)
The
absent voter's ballot may be mailed directly to the applicant at the
applicant's voting residence or place of confinement as stated in the
applicant's application, or the board may designate two board
employees belonging to the two major political parties for the
purpose of delivering the ballot to the disabled or confined elector
and returning it to the board, unless the applicant is confined to a
public or private institution within the county, in which case the
board shall designate two board employees belonging to the two major
political parties for the purpose of delivering the ballot to the
disabled or confined elector and returning it to the board. In all
other instances, the ballot shall be returned to the office of the
board in the manner prescribed in section 3509.05 of the Revised
Code.
(4)
Any
disabled or confined elector who declares to the two board employees
belonging to the two major political parties that the elector is
unable to mark the elector's ballot by reason of physical infirmity
that is apparent to the employees to be sufficient to incapacitate
the voter from marking the elector's ballot properly, may receive,
upon request, the assistance of the employees in marking the
elector's ballot, and they shall thereafter give no information in
regard to this matter. Such assistance shall not be rendered for any
other cause.
(5)
When
two board employees belonging to the two major political parties
deliver a ballot to a disabled or confined elector, each of the
employees shall be present when the ballot is delivered, when
assistance is given, and when the ballot is returned to the office of
the board, and shall subscribe to the declaration on the
identification envelope.
The
secretary of state shall prescribe the form of application for absent
voter's ballots under this division.
(6)
This
chapter applies to disabled and confined absent voter's ballots
except as otherwise provided in this section.
(B)(1)
Any
During
the period beginning at the close of business on the seventh day
before the day of an election and ending at three p.m. on the day of
the election, any
qualified
elector who is unable to travel to the voting booth in the elector's
precinct on the day of any general, special, or primary election
because
either of the following apply to the elector
may
apply to the board of elections of the county where the elector is a
qualified elector to vote in the election by absent voter's ballot
if either of the following apply
:
(a)
The elector is confined in a hospital as a result of an accident or
unforeseeable medical emergency occurring before the election;
(b)
The elector's minor child is confined in a hospital as a result of an
accident or unforeseeable medical emergency occurring before the
election.
(2)
The
application
authorized under division (B)(1) of this section
applicant
shall
be
made
apply
in
writing
in
the manner described in
on
a form prescribed by the secretary of state for that purpose that
includes all of the information required under
section
3509.03 of the Revised Code
,
except that the application shall be delivered to the office of the
board not later than three p.m. on the day of the election. The
application shall
and that requires the applicant to
indicate
the hospital where the applicant or the applicant's child is
confined, the date of the applicant's or the applicant's child's
admission to the hospital, and the offices for which the applicant is
qualified to vote.
If
division (A) of section 3509.032 of the Revised Code applies to the
applicant, the applicant may provide alternative identification in
order to cast absent voter's ballots as permitted under that section.
The
applicant may also request that a member of the applicant's family,
as listed in section 3509.05 of the Revised Code, deliver the absent
voter's ballot to the applicant. The board, after establishing to the
board's satisfaction the validity of the circumstances claimed by the
applicant, shall supply an absent voter's ballot to be delivered to
the applicant. When the applicant or the applicant's child is in a
hospital in the county where the applicant is a qualified elector and
no request is made for a member of the family to deliver the ballot,
the board shall arrange for the delivery of an absent voter's ballot
to the applicant, and for its return to the office of the board, by
two board employees belonging to the two major political parties
according to the procedures prescribed in division (A) of this
section. When the applicant or the applicant's child is in a hospital
outside the county where the applicant is a qualified elector and no
request is made for a member of the family to deliver the ballot, the
board shall arrange for the delivery of an absent voter's ballot to
the applicant by mail, and the ballot shall be returned to the office
of the board in the manner prescribed in section 3509.05 of the
Revised Code.
(3)
Any qualified elector who is eligible to vote under division (B) or
(C) of section 3503.16 of the Revised Code but is unable to do so
because of the circumstances described in division (B)(2) of this
section may vote in accordance with division (B)(1) of this section
if that qualified elector states in the application for absent
voter's ballots that that qualified elector moved or had a change of
name under the circumstances described in division (B) or (C) of
section 3503.16 of the Revised Code and if that qualified elector
complies with divisions (G)(1) to (4) of section 3503.16 of the
Revised Code.
(C)
Any qualified elector described in division (A) or (B)(1) of this
section who needs no assistance to vote or to return absent voter's
ballots to the board of elections may apply for absent voter's
ballots under section 3509.03
or
3509.031
of
the Revised Code instead of applying for them under this section or
may cast absent voter's ballots in person under section 3509.051 of
the Revised Code.
(D)
Any qualified elector described in division (A) or (B)(1) of this
section to whom ballots are delivered by two employees of the board
of elections or who votes with the assistance of two employees of the
board of elections shall be considered to have cast absent voter's
ballots by mail, rather than in person, for the purpose of the laws
governing voter identification.
Sec.
3509.10.
If
a board of elections receives an application for absent voter's
ballots under section 3509.03
or
3509.031
of
the Revised Code and it is apparent to the board that the absent
voter is a uniformed services voter or overseas voter,
as
defined in section 3511.01 of the Revised Code,
the
board shall consider that applicant to have applied for uniformed
services or overseas ballots under Chapter 3511. of the Revised Code
and shall provide those ballots to that voter in accordance with the
timelines and procedures applicable to uniformed services and
overseas absent voters.
Sec.
3509.11.
Upon
request made in person by an elector, all of the following shall
provide to the elector, without charge, a copy of the elector's photo
identification for the purpose of casting absent voter's ballots by
mail:
(A)
The secretary of state;
(B)
A board of elections;
(C)
The registrar of motor vehicles;
(D)
A public library.
Sec.
3511.011
3511.01
.
Any
section of the Revised Code to the contrary notwithstanding, any
person who qualifies as a uniformed services voter or an overseas
voter who will be eighteen years of age or more on the day of a
general or special election and who is a citizen of the United States
may vote uniformed services or overseas absent voter's ballots in
such general or special election as follows:
(A)
If an absent uniformed services member is the voter, the service
member may vote only in the precinct in which the service member has
a voting residence in the state, and that voting residence shall be
that place in the precinct in which the service member resided
immediately preceding the commencement of such service, provided that
the time during which the service member continuously resided in the
state immediately preceding the commencement of such service plus the
time subsequent to such commencement and prior to the day of such
general, special, or primary election is equal to or exceeds thirty
days.
(B)
If the spouse or dependent of an absent uniformed services member is
the voter, the spouse or dependent may vote only in the precinct in
which the spouse or dependent has a voting residence in the state,
and that voting residence shall be that place in the precinct in
which the spouse or dependent resided immediately preceding the time
of leaving the state for the purpose of being with or near the
service member, provided that the time during which the spouse or
dependent continuously resided in the state immediately preceding the
time of leaving the state for the purpose of being with or near the
service member plus the time subsequent to such leaving and prior to
the day of such general, special, or primary election is equal to or
exceeds thirty days.
(C)
If an absent uniformed services member or the service member's spouse
or dependent establishes a permanent residence in a precinct other
than the precinct in which the person resided immediately preceding
the commencement of the service member's service, the voting
residence of both the service member and the service member's spouse
or dependent shall be the precinct of such permanent residence,
provided that the time during which the service member continuously
resided in the state immediately preceding the commencement of such
service plus the time subsequent to such commencement and prior to
the day of such general, special, or primary election is equal to or
exceeds thirty days.
(D)(1)
Except as otherwise provided in division (D)(2) of this section, if
an overseas voter who is not an absent uniformed services voter or
the spouse or dependent of an absent uniformed services voter is the
voter, the overseas voter may vote only in the precinct in which the
overseas voter has a voting residence in the state, and that voting
residence shall be that place in the precinct in which the overseas
voter resided immediately before leaving the United States, provided
that the time during which the overseas voter continuously resided in
the state immediately preceding such departure and prior to the day
of such general, special, or primary election is equal to or exceeds
thirty days.
(2)
A person who was born outside of the United States and who meets the
definition of "overseas voter" under division
(B)(3)
(GG)(3)
of
section
3511.01
3501.01
of
the Revised Code shall be deemed to have a voting residence in this
state at that place in the precinct in which the person's parent or
guardian last resided immediately before leaving the United States,
provided that the time during which the person's parent or guardian
continuously resided in the state immediately preceding such
departure and prior to the day of the general, special, or primary
election is equal to or exceeds thirty days.
Sec.
3511.02.
(A)
A
uniformed services voter or overseas voter may apply to cast absent
voter's ballots in an election by doing either of the following:
(1)
Submitting a completed federal post card form prescribed under the
"Uniformed and Overseas Citizens Absentee Voting Act," 52
U.S.C. 20301, to the secretary of state or to the board of elections
of the county in which the person's voting residence is located, as
determined under section 3511.01 of the Revised Code, or having the
voter's spouse, father, mother, father-in-law, mother-in-law,
grandfather, grandmother, brother or sister of the whole blood or
half blood, son, daughter, adopting parent, adopted child,
stepparent, stepchild, daughter-in-law, son-in-law, uncle, aunt,
nephew, or niece submit the form on the voter's behalf.
(a)
Notwithstanding
any section of the Revised Code to the contrary, whenever any person
applies for registration as a voter on
a
the
federal post card
form
adopted in accordance with federal regulations relating to the
"Uniformed and Overseas Citizens Absentee Voting Act," 100
Stat. 924, 52 U.S.C.A. 20301
,
this application shall be sufficient for voter registration and as a
request for an absent voter's ballot.
Uniformed
services or overseas absent voter's ballots may be obtained by any
person meeting the requirements of section 3511.011 of the Revised
Code by applying electronically to the secretary of state or to the
board of elections of the county in which the person's voting
residence is located in accordance with section 3511.021 of the
Revised Code or by applying to the board of elections of the county
in which the person's voting residence is located, in one of the
following ways:
(1)
That person may make written application for those ballots. The
person may personally deliver the application to the office of the
board or may mail it, send it by facsimile machine, send it by
electronic mail, send it through internet delivery if such delivery
is offered by the board of elections or the secretary of state, or
otherwise send it to the board. Except as otherwise provided in
division (B) of this section, the application shall be on a form
prescribed by the secretary of state and shall contain all of the
following information:
(a)
The elector's name;
(b)
The elector's signature;
(c)
The address at which the elector is registered to vote;
(d)
The elector's date of birth;
(e)
One of the following:
(i)
The elector's Ohio driver's license or state identification card
number;
(ii)
The last four digits of the elector's social security number;
(iii)
A copy of the elector's photo identification.
(f)
A statement identifying the election for which absent voter's ballots
are requested;
(g)
A statement that the person requesting the ballots is a qualified
elector;
(h)
A statement that the elector is an absent uniformed services voter or
overseas voter as defined in 52 U.S.C. 20310;
(i)
A statement of the elector's length of residence in the state
immediately preceding the commencement of service, immediately
preceding the date of leaving to be with or near the service member,
or immediately preceding leaving the United States, or a statement
that the elector's parent or legal guardian resided in this state
long enough to establish residency for voting purposes immediately
preceding leaving the United States, whichever is applicable;
(j)
If the request is for primary election ballots, the elector's party
affiliation;
(k)
If the elector desires ballots to be mailed to the elector, the
address to which those ballots shall be mailed;
(l)
If the elector desires ballots to be sent to the elector by facsimile
machine, the telephone number to which they shall be so sent;
(m)
If the elector desires ballots to be sent to the elector by
electronic mail or, if offered by the board of elections or the
secretary of state, through internet delivery, the elector's
electronic mail address or other internet contact information.
(2)
A
(b)
The
voter
or any relative of
a
the
voter
listed in division
(A)(3)
(A)(1)
of
this section may use a single federal post card application to apply
for uniformed services or overseas absent voter's ballots for use at
the primary and general elections in a given year and any special
election to be held on the day in that year specified by division (E)
of section 3501.01 of the Revised Code for the holding of a primary
election, designated by the general assembly for the purpose of
submitting constitutional amendments proposed by the general assembly
to the voters of the state. A single federal postcard application
shall be processed by the board of elections pursuant to section
3511.04 of the Revised Code the same as if the voter had applied
separately for uniformed services or overseas absent voter's ballots
for each election.
(3)
Application to have uniformed services or overseas absent voter's
ballots mailed or sent by facsimile machine to such a person may be
made by the spouse, father, mother, father-in-law, mother-in-law,
grandfather, grandmother, brother or sister of the whole blood or
half blood, son, daughter, adopting parent, adopted child,
stepparent, stepchild, daughter-in-law, son-in-law, uncle, aunt,
nephew, or niece of such a person. The application shall be in
writing upon a blank form furnished only by the board or on a single
federal post card as provided in division (A)(2) of this section. The
form of the application shall be prescribed by the secretary of
state. The board shall furnish that blank form to any of the
relatives specified in this division desiring to make the
application, only upon the request of such a relative made in person
at the office of the board or upon the written request of such a
relative mailed to the office of the board. Except as otherwise
provided in division (B) of this section, the application, subscribed
and sworn to by the applicant, shall contain all of the following:
(a)
The full name of the elector for whom ballots are requested;
(b)
A statement that the elector is an absent uniformed services voter or
overseas voter as defined in 52 U.S.C. 20310;
(c)
The address at which the elector is registered to vote;
(d)
A statement identifying the elector's length of residence in the
state immediately preceding the commencement of service, immediately
preceding the date of leaving to be with or near a service member, or
immediately preceding leaving the United States, or a statement that
the elector's parent or legal guardian resided in this state long
enough to establish residency for voting purposes immediately
preceding leaving the United States, as the case may be;
(e)
The elector's date of birth;
(f)
One of the following:
(i)
The elector's Ohio driver's license or state identification card
number;
(ii)
The last four digits of the elector's social security number;
(iii)
A copy of the elector's photo identification.
(g)
A statement identifying the election for which absent voter's ballots
are requested;
(h)
A statement that the person requesting the ballots is a qualified
elector;
(i)
If the request is for primary election ballots, the elector's party
affiliation;
(j)
A statement that the applicant bears a relationship to the elector as
specified in division (A)(3) of this section;
(k)
The address to which ballots shall be mailed, the telephone number to
which ballots shall be sent by facsimile machine, the electronic mail
address to which ballots shall be sent by electronic mail, or, if
internet delivery is offered by the board of elections or the
secretary of state, the internet contact information to which ballots
shall be sent through internet delivery;
(l)
The signature and address of the person making the application.
(B)
If the elector has a confidential voter registration record, as
described in section 111.44 of the Revised Code, the application may
include the elector's program participant identification number
instead of the address at which the elector is registered to vote.
(C)
(c)
The voter or the voter's relative listed in division (A)(1) of this
section may deliver the application to the office of the board in
person or by mail or may, as authorized under section 3511.021 of the
Revised Code, send it by facsimile machine, send it by electronic
mail, or send it through internet delivery if such delivery is
offered by the board of elections or the secretary of state.
(2)
Using the portal created under section 3509.031 of the Revised Code.
When applying through the portal, the voter may provide alternative
identification with the voter's application as permitted under
section 3509.032 of the Revised Code.
(B)
Each
application for uniformed services or overseas absent voter's ballots
shall be delivered to the office of the board not earlier than the
first day of January of the year of the elections for which the
uniformed services or overseas absent voter's ballots are requested
or not earlier than ninety days before the day of the election at
which the ballots are to be voted, whichever is earlier. An
application to receive uniformed services or overseas absent voter's
ballots by mail or by another method permitted under section 3511.021
of the Revised Code shall be delivered to the office of the board not
later than the close of business on the seventh day preceding the day
of the election.
(D)
(C)
If
the voter for whom the application is made is entitled to vote for
presidential and vice-presidential electors only, the applicant shall
submit to the board, in addition to the requirements of division (A)
of this section, a statement to the effect that the voter is
qualified to vote for presidential and vice-presidential electors and
for no other offices.
(E)
(D)
Except
as permitted under section 111.31 of the Revised Code, no public
office, and no public official or employee who is acting in an
official capacity, shall do either of the following:
(1)
Prepay the return postage for an application for absent voter's
ballots;
(2)
Mail or otherwise deliver an unsolicited application for absent
voter's ballots to any person.
(F)(1)
(E)(1)
Except
as otherwise provided in divisions
(A)(2)
and (3)
(A)(1)
and
(F)(2)
(E)(2)
of
this section and in sections 3505.24 and 3509.08 of the Revised Code,
no person shall fill out any portion of a federal post card
application or other application for absent voter's ballots on behalf
of an applicant.
(2)
The secretary of state or a board of elections may preprint only an
applicant's name and address on a federal post card application or
other application for absent voter's ballots before mailing that
application to the applicant, except that if the applicant has a
confidential voter registration record, the secretary of state or the
board of elections shall not preprint the applicant's address on the
application.
(3)
A completed application for absent voter's ballots is not valid if
any portion of it has been completed by any person other than the
applicant in violation of division
(F)
(E)
of
this section.
Sec.
3511.021.
(A)(1)
The
In
addition to the portal created under section 3509.031 of the Revised
Code, the
secretary
of state shall establish procedures that allow any
person
who is eligible to vote as a
uniformed
services voter or
an
overseas
voter
in
accordance with 42 U.S.C. 1973ff-6
to
apply
do
all of the following:
(a)
Receive a blank copy of the federal post card form prescribed under
the "Uniformed and Overseas Citizens Absentee Voting Act,"
52 U.S.C. 20301, from the secretary of state or the board of election
of the county in which the person's voting residence is located
by
the
person's preferred method of mail, facsimile transmission,
electronic
means
mail, or, if offered by the board of elections or the secretary of
state, through internet delivery;
(b)
Complete the form and return it
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 for a
uniformed services or overseas absent voter's ballot
by
the person's preferred method of mail, facsimile transmission,
electronic mail, or, if offered by the board of elections or the
secretary of state, through internet delivery;
(c)
After applying under division (A)(1)(b) of this section or under
section 3509.031 of the Revised Code, receive the person's blank,
unvoted ballots by the person's preferred method of mail, facsimile
transmission, electronic mail, or, if offered by the board of
elections or the secretary of state, through internet delivery;
(e)
Return the person's voted ballots in person or by mail as described
in section 3511.09 of the Revised Code
.
(2)
The
procedures shall allow such a person who requests a uniformed
services or overseas absent voter's ballot application to express a
preference for the manner in which the person will receive the
requested application, whether by mail, facsimile transmission,
electronic mail, or, if offered by the board of elections or the
secretary of state, through internet delivery. If the person
completes and timely returns the application and the applicant is
eligible to receive a ballot, the procedures shall allow the
applicant to express a preference for the manner in which the person
will receive the requested blank, unvoted ballots, whether by mail,
facsimile transmission, electronic mail, or, if offered by the board
of elections or the secretary of state, through internet delivery.
The requested items shall be transmitted by the board of elections of
the county in which the person's voting residence is located by the
preferred method.
If
the requestor does not express a preferred method, the requested
items shall be delivered via standard mail.
(3)
To the extent practicable, the procedures shall protect the security
and integrity of the ballot request and delivery process, and protect
the privacy of the identity and personal data of the person when such
applications and ballots are requested, processed, and sent.
(4)
No person shall return by electronic means to the secretary of state,
a board of elections, or any other entity a completed or voted
uniformed services or overseas absent voter's ballot. If a ballot is
so returned, the ballot shall not be accepted, processed, or counted.
(B)(1)
The secretary of state, in coordination with the boards of elections,
shall establish a free access system by which an absent uniformed
services voter or overseas voter may determine the following:
(a)
Whether that person's request for a uniformed services or overseas
absent voter's ballot was received and processed;
(b)
If the person's request was received and processed, when the
uniformed services or overseas absent voter's ballot was sent;
(c)
Whether any uniformed services or overseas absent voter's ballot
returned by that person has been received by election officials;
(d)
Whether the board of elections found any error on the identification
envelope containing the person's returned uniformed services or
overseas absent voter's ballot and, if so, how the person may correct
any error within ten days after the day of an election; and
(e)
Whether the person's uniformed services or overseas absent voter's
ballot was counted.
(2)
The appropriate state or local election official shall establish and
maintain reasonable procedures necessary to protect the security,
confidentiality, and integrity of personal information that is
confidential under state or federal law that is collected, stored, or
otherwise used by the free access system established under division
(B) of this section. Access to information about the votes cast on an
individual ballot shall be restricted to the person who cast the
ballot. To the extent practicable, the procedures shall protect the
security and integrity of the process and protect the privacy of the
identity and personal data of the person.
Sec.
3705.24.
(A)(1)
The director of health shall, in accordance with section 111.15 of
the Revised Code, adopt rules prescribing fees for the following
items or services provided by the state office of vital statistics:
(a)
Except as provided in division (A)(4) of this section
and section 3705.243 of the Revised Code
:
(i)
A certified copy of a vital record or a certification of birth;
(ii)
A search by the office of vital statistics of its files and records
pursuant to a request for information, regardless of whether a copy
of a record is provided;
(iii)
A copy of a record provided pursuant to a request.
(b)
Replacement
Except
as provided in section 3705.243 of the Revised Code, replacement
of
a birth certificate following an adoption, legitimation, paternity
determination or acknowledgement, or court order;
(c)
Filing of a delayed registration of a vital record;
(d)
Amendment of a vital record that is requested later than one year
after the filing date of the vital record;
(e)
Any other documents or services for which the director considers the
charging of a fee appropriate.
(2)
Fees prescribed under division (A)(1)(a) of this section shall not be
less than twelve dollars.
(3)
Fees prescribed under division (A)(1) of this section shall be
collected in addition to any fees required by sections 3109.14 and
3705.242 of the Revised Code.
(4)
Fees prescribed under division (A) of this section shall not apply to
certifications issued under division (H) of this section or copies
provided under section 3705.241 of the Revised Code.
(B)
In addition to the fees prescribed under division (A) of this section
or section 3709.09 of the Revised Code
and except as provided in section 3705.243 of the Revised Code
,
the office of vital statistics, the board of health of a city or
general health district, or a local registrar of vital statistics who
is not a salaried employee of a city or general health district shall
charge a five-dollar fee for each certified copy of a vital record
and each certification of birth. This fee shall be deposited in the
general operations fund created under section 3701.83 of the Revised
Code and be used to support the operations, the modernization, and
the automation of the vital records program in this state. A board of
health or a local registrar shall forward all fees collected under
this division to the department of health not later than thirty days
after the end of each calendar quarter.
(C)
Except as otherwise provided in division (H) of this section, and
except as provided in section 3705.241 of the Revised Code, fees
collected by the director of health under sections 3705.01 to 3705.29
of the Revised Code shall be paid into the state treasury to the
credit of the general operations fund created by section 3701.83 of
the Revised Code. Except as provided in division (B) or (I) of this
section, money generated by the fees shall be used only for
administration and enforcement of this chapter and the rules adopted
under it. Amounts submitted to the department of health for copies of
vital records or services in excess of the fees imposed by this
section shall be dealt with as follows:
(1)
An overpayment of two dollars or less shall be retained by the
department and deposited in the state treasury to the credit of the
general operations fund created by section 3701.83 of the Revised
Code.
(2)
An overpayment in excess of two dollars shall be returned to the
person who made the overpayment.
(D)
If a local registrar is a salaried employee of a city or a general
health district, any fees the local registrar receives pursuant to
section 3705.23 of the Revised Code shall be paid into the general
fund of the city or the health fund of the general health district.
Each
local registrar of vital statistics, or each health district where
the local registrar is a salaried employee of the district, shall be
entitled to a fee for each birth, fetal death, death, or military
service certificate properly and completely made out and registered
with the local registrar or district and correctly copied and
forwarded to the office of vital statistics in accordance with the
population of the primary registration district at the last federal
census. The fee for each birth, fetal death, death, or military
service certificate shall be:
(1)
In primary registration districts of over two hundred fifty thousand,
twenty cents;
(2)
In primary registration districts of over one hundred twenty-five
thousand and less than two hundred fifty thousand, sixty cents;
(3)
In primary registration districts of over fifty thousand and less
than one hundred twenty-five thousand, eighty cents;
(4)
In primary registration districts of less than fifty thousand, one
dollar.
(E)
The director of health shall annually certify to the county
treasurers of the several counties the number of birth, fetal death,
death, and military service certificates registered from their
respective counties with the names of the local registrars and the
amounts due each registrar and health district at the rates fixed in
this section. Such amounts shall be paid by the treasurer of the
county in which the registration districts are located. No fees shall
be charged or collected by registrars except as provided by this
chapter and section 3109.14 of the Revised Code.
(F)
A probate judge shall be paid a fee of fifteen cents for each
certified abstract of marriage prepared and forwarded by the probate
judge to the department of health pursuant to section 3705.21 of the
Revised Code. The fee shall be in addition to the fee paid for a
marriage license and shall be paid by the applicants for the license.
(G)
The clerk of a court of common pleas shall be paid a fee of one
dollar for each certificate of divorce, dissolution, and annulment of
marriage prepared and forwarded by the clerk to the department
pursuant to section 3705.21 of the Revised Code. The fee for the
certified abstract of divorce, dissolution, or annulment of marriage
shall be added to the court costs allowed in these cases.
(H)
The fee for an heirloom certification of birth issued pursuant to
division (B)(2) of section 3705.23 of the Revised Code shall be an
amount prescribed by rule by the director of health plus any fee
required by section 3109.14 of the Revised Code. In setting the
amount of the fee, the director shall establish a surcharge in
addition to an amount necessary to offset the expense of processing
heirloom certifications of birth. The fee prescribed by the director
of health pursuant to this division shall be deposited into the state
treasury to the credit of the heirloom certification of birth fund
which is hereby created. Money credited to the fund shall be used by
the office of vital statistics to offset the expense of processing
heirloom certifications of birth. However, the money collected for
the surcharge, subject to the approval of the controlling board,
shall be used for the purposes specified by the family and children
first council pursuant to section 121.37 of the Revised Code.
(I)(1)
Four dollars of each fee collected by the board of health of a city
or general health district for a certified copy of a vital record or
a certification of birth shall be transferred to the office of vital
statistics not later than thirty days after the end of each calendar
quarter. The amount collected shall be used to support public health
systems. Of each four dollars collected, one dollar shall be used by
the director of health to pay subsidies to boards of health. The
subsidies shall be distributed in accordance with the same formula
established under section 3701.342 of the Revised Code for the
distribution of state health district subsidy funds to boards of
health and local health departments.
(2)
Four dollars of each fee collected by a local registrar of vital
statistics who is not a salaried employee of a city or general health
district, for a certified copy of a vital record or certification of
birth, shall be transferred to the office of vital statistics not
later than thirty days after the end of each calendar quarter. The
amount collected shall be used to support public health systems.
Sec.
3705.242.
(A)(1)
The
Except
as provided in section 3705.243 of the Revised Code, the
director
of health, a person authorized by the director, a local commissioner
of health, or a local registrar of vital statistics shall charge and
collect a fee of one dollar and fifty cents for each certified copy
of a birth record, each certification of birth, and each copy of a
death record. The fee is in addition to the fee imposed by section
3705.24 or any other section of the Revised Code. A local
commissioner of health or local registrar of vital statistics may
retain an amount of each additional fee collected, not to exceed
three per cent of the amount of the additional fee, to be used for
costs directly related to the collection of the fee and the
forwarding of the fee to the department of health.
The
additional fees collected by the director of health or a person
authorized by the director and the additional fees collected but not
retained by a local commissioner of health or a local registrar of
vital statistics shall be forwarded to the department of health not
later than thirty days following the end of each quarter. Not later
than two days after the fees are forwarded to the department each
quarter, the department shall pay the collected fees to the treasurer
of state in accordance with rules adopted by the treasurer of state
under section 113.08 of the Revised Code.
(2)
On the filing of a divorce decree under section 3105.10 or a decree
of dissolution under section 3105.65 of the Revised Code, a court of
common pleas shall charge and collect a fee of five dollars and fifty
cents. The fee is in addition to any other court costs or fees. The
county clerk of courts may retain an amount of each additional fee
collected, not to exceed three per cent of the amount of the
additional fee, to be used for costs directly related to the
collection of the fee and the forwarding of the fee to the treasurer
of state. The additional fees collected, but not retained, under
division (A)(2) of this section shall be forwarded to the treasurer
of state not later than twenty days following the end of each month.
(B)
The treasurer of state shall deposit the fees paid or forwarded under
this section in the state treasury to the credit of the family
violence prevention fund, which is hereby created. A person or
government entity that fails to pay or forward the fees in the manner
described in this section, shall send to the department of public
safety a penalty equal to ten per cent of the fees. The department of
public safety shall forward all collected late fees to the treasurer
of state for deposit into the family violence prevention fund in
accordance with rules adopted by the treasurer of state under section
113.08 of the Revised Code.
The
treasurer of state shall invest the moneys in the fund. All earnings
resulting from investment of the fund shall be credited to the fund,
except that actual administration costs incurred by the treasurer of
state in administering the fund may be deducted from the earnings
resulting from investments. The amount that may be deducted shall not
exceed three per cent of the total amount of fees credited to the
fund in each fiscal year. The balance of the investment earnings
shall be credited to the fund.
(C)
The director of public safety shall use money credited to the fund to
provide grants to family violence shelters in Ohio and to operate the
division of criminal justice services.
Sec.
3705.243.
(A)
As used in this section, "individual experiencing homelessness"
means an individual who lacks a fixed, regular, and adequate
nighttime residence or who has as a primary nighttime residence a
temporary shelter or a place not designed for, or ordinarily used as,
a regular sleeping accommodation for human beings. "Individual
experiencing homelessness" includes:
(1)
Individuals who do not have access to, or who are in imminent danger
of losing access to, normal accommodations as a result of violence or
a threat of violence from a cohabitant;
(2)
Individuals who have been released from jail, prison, the juvenile
justice system, the child welfare system, a mental health or
developmental disability facility, a residential addiction treatment
program, or a hospital, for whom no residence is identified and who
lacks the resources necessary to obtain housing.
(B)
The director of health, a person authorized by the director, a local
commissioner of health, or a local registrar of vital statistics
shall waive all fees for a certification of birth, a certified copy
of a birth record, or replacement of a birth record pursuant to
division (A)(1)(b) of section 3705.24 of the Revised Code if the
certification, certified copy, or replacement is requested by an
individual who has not received such a fee waiver in the preceding
twelve months and who is experiencing homelessness as verified by at
least one of the following:
(1)
A director or a director's designee of a government or nonprofit
agency that receives public or private funding to provide services to
individuals experiencing homelessness;
(2)
A school social worker, school counselor, or a local educational
agency liaison for homeless children and youths designated pursuant
to 42 U.S.C. 11432(g)(1)(J)(ii);
(3)
A director or a director's designee of either a federal TRIO program
or gaining early awareness and readiness for undergraduate program
(GEAR UP);
(4)
A financial aid administrator for an institution of higher education.
(C)
Beginning one year after the effective date of this section, by the
thirty-first day of January of each year any local commissioner of
health or local registrar of vital statistics who waives fees
pursuant to division (B) of this section shall submit an annual
report to the director of health detailing the number of individuals
for whom fees were waived in the preceding one-year period,
delineated by type of document.
Sec.
3705.50.
(A)
The director of health shall collect information regarding the number
of individuals experiencing homelessness for whom fees for a
certification of birth, a certified copy of a birth record, or a
replacement birth record were waived by the director of health or a
person authorized by the director pursuant to section 3705.243 of the
Revised Code.
(B)
The director of health shall maintain the information submitted
pursuant to sections 2101.166, 2303.202, 3705.243, and 4507.50 of the
Revised Code, compile it with the information collected under
division (A) of this section, and submit an annual report to the
general assembly in accordance with section 101.68 of the Revised
Code. The report shall detail the number of individuals experiencing
homelessness for whom fees were waived in the preceding one-year
period, delineated by type of document. The director shall make the
report publicly available on the department of health's web site.
Sec.
4507.01.
(A)
As used in this chapter, "motor vehicle," "motorized
bicycle," "state," "owner," "operator,"
"chauffeur," and "highways" have the same
meanings as in section 4501.01 of the Revised Code.
"Driver's
license" means a class D license issued to any person to operate
a motor vehicle or motor-driven cycle, other than a commercial motor
vehicle, and includes "probationary license," "restricted
license," "limited term license," and any operator's
or chauffeur's license issued before January 1, 1990.
"Probationary
license" means the license issued to any person between sixteen
and eighteen years of age to operate a motor vehicle.
"Restricted
license" means the license issued to any person to operate a
motor vehicle subject to conditions or restrictions imposed by the
registrar of motor vehicles.
"Commercial
driver's license" means the license issued to a person under
Chapter 4506. of the Revised Code to operate a commercial motor
vehicle.
"Commercial
motor vehicle" has the same meaning as in section 4506.01 of the
Revised Code.
"Motorcycle
operator's temporary instruction permit, license, or endorsement"
includes a temporary instruction permit, license, or endorsement for
a motor-driven cycle or motor scooter unless otherwise specified.
"Motorized
bicycle license" means the license issued under section 4511.521
of the Revised Code to any person to operate a motorized bicycle
including a "probationary motorized bicycle license."
"Probationary
motorized bicycle license" means the license issued under
section 4511.521 of the Revised Code to any person between fourteen
and sixteen years of age to operate a motorized bicycle.
"Identification
card" means a card issued under sections 4507.50 to 4507.52 of
the Revised Code.
"Individual
experiencing homelessness" has the same meaning as in section
3705.243 of the Revised Code.
"Resident"
means a person who, in accordance with standards prescribed in rules
adopted by the registrar, resides in this state on a permanent basis.
"Temporary
resident" means a person who, in accordance with standards
prescribed in rules adopted by the registrar, resides in this state
on a temporary basis.
"Community-based
correctional facility and program" and "district
community-based correctional facility and program" mean the
facilities and programs created and organized in accordance with
sections 2301.51 to 2301.58 of the Revised Code.
"Halfway
house organization" has the same meaning as in section 5120.102
of the Revised Code.
(B)
In the administration of this chapter and Chapter 4506. of the
Revised Code, the registrar has the same authority as is conferred on
the registrar by section 4501.02 of the Revised Code. Any act of an
authorized deputy registrar of motor vehicles under direction of the
registrar is deemed the act of the registrar.
To
carry out this chapter, the registrar shall appoint such deputy
registrars in each county as are necessary.
The
registrar also shall provide at each place where an application for a
driver's or commercial driver's license or identification card may be
made the necessary equipment to take a photograph of the applicant
for such license or card as required under section 4506.11 or 4507.06
of the Revised Code, and to conduct the vision screenings required by
section 4507.12 of the Revised Code.
The
registrar shall assign one or more deputy registrars to any driver's
license examining station operated under the supervision of the
director of public safety, whenever the registrar considers such
assignment possible. Space shall be provided in the driver's license
examining station for any such deputy registrar so assigned. The
deputy registrars shall not exercise the powers conferred by such
sections upon the registrar, unless they are specifically authorized
to exercise such powers by such sections.
(C)
No agent for any insurance company, writing automobile insurance,
shall be appointed deputy registrar, and any such appointment is
void. No deputy registrar shall in any manner solicit any form of
automobile insurance, nor in any manner advise, suggest, or influence
any licensee or applicant for license for or against any kind or type
of automobile insurance, insurance company, or agent, nor have the
deputy registrar's office directly connected with the office of any
automobile insurance agent, nor impart any information furnished by
any applicant for a license or identification card to any person,
except the registrar. This division shall not apply to any nonprofit
corporation appointed deputy registrar.
(D)
The registrar shall immediately remove a deputy registrar who
violates the requirements of this chapter.
Sec.
4507.50.
(A)(1)
(A)
As used in this section, "permanently or irreversibly disabled"
means a condition of disability from which there is no present
indication of recovery.
(B)(1)
The
registrar of motor vehicles or a deputy registrar shall issue an
identification card to a person when all of the following apply:
(a)
The registrar or deputy registrar receives an application completed
in accordance with section 4507.51 of the Revised Code and, if the
person is under seventeen years of age, payment of the applicable
fees.
(b)
The person is a resident or a temporary resident of this state.
(c)
The person is not licensed as an operator of a motor vehicle in this
state or another licensing jurisdiction.
(d)
The person does not hold an identification card from another
jurisdiction.
(2)(a)
The registrar of motor vehicles or a deputy registrar may issue a
temporary identification card when all of the following apply:
(i)
The registrar or deputy registrar receives an application completed
in accordance with section 4507.51 of the Revised Code and payment of
the applicable fees.
(ii)
The person is a resident or temporary resident of this state.
(iii)
The person's Ohio driver's or commercial driver's license has been
suspended or canceled.
(iv)
The person does not hold an identification card from another
jurisdiction.
(b)
The temporary identification card shall be identical to an
identification card, except that it shall be printed on its face with
a statement that the card is valid for a temporary period. The
temporary period shall be in accordance with the expiration dates
specified in section 4507.501 of the Revised Code.
(c)
The cardholder shall surrender the temporary identification card to
the registrar or any deputy registrar before the cardholder's
driver's or commercial driver's license is restored or reissued.
(B)(1)
(C)(1)
Except
as provided in division
(D)
(E)
of
this section, an applicant who is under seventeen years of age shall
pay the following fees prior to issuance of an identification card or
a temporary identification card:
(a)
A fee of three dollars and fifty cents if the card will expire on the
applicant's birthday four years after the date of issuance or a fee
of six dollars if the card will expire on the applicant's birthday
eight years after the date of issuance;
(b)
A fee equal to the amount established under section 4503.038 of the
Revised Code if the card will expire on the applicant's birthday four
years after the date of issuance or twice that amount if the card
will expire on the applicant's birthday eight years after the date of
issuance;
(c)
A fee of one dollar and fifty cents if the card will expire on the
applicant's birthday four years after the date of issuance or three
dollars if the card will expire on the applicant's birthday eight
years after the date of issuance, for the authentication of the
documents required for processing an identification card or temporary
identification card. A deputy registrar that authenticates the
required documents shall retain the entire amount of the fee.
(2)
The fees collected for issuing an identification card under this
section, except for any fees allowed to the deputy registrar, shall
be paid into the state treasury to the credit of the public safety -
highway purposes fund created in section 4501.06 of the Revised Code.
(C)
(D)
A
person seventeen years of age or older may apply to the registrar or
a deputy registrar for the issuance to that person of an
identification card or a temporary identification card under this
section without payment of any fee prescribed in division
(B)
(C)
of this section.
(D)
(E)
A
resident
person
who
is
permanently
or irreversibly disabled and who is
under
seventeen years of age
and
meets any of the following conditions
may
apply to the registrar or a deputy registrar for the issuance of an
identification card under this section without payment of any fee as
prescribed in division
(B)
(C)
of
this section
.
A resident who is in
:
(1)
The person is a resident and permanently or irreversibly disabled.
(2)
The person is a resident and in
the
custody of the department of rehabilitation and correction, the
department of youth services, a halfway house organization, a
community-based correctional facility and program, or a district
community-based correctional facility and program
and who is under seventeen years of age may apply to the registrar
for the issuance of an identification card under this section without
payment of any fee as prescribed in division (B) of this section
.
As
used in this section, "permanently or irreversibly disabled"
means a condition of disability from which there is no present
indication of recovery.
(3)
The person is an individual experiencing homelessness who has not
received such a fee waiver in the preceding twelve months.
(F)(1)
An
application made under division
(D)
(E)(1)
or (2)
of
this section shall be accompanied by such documentary evidence as the
registrar may require by rule.
(E)(1)
(2)
An application made under division (E)(3) of this section shall be
accompanied by verification from any of the following:
(a)
A director or a director's designee of a government or nonprofit
agency that receives public or private funding to provide services to
individuals experiencing homelessness;
(b)
A school social worker, a school counselor, or a local educational
agency liaison for homeless children and youths designated pursuant
to 42 U.S.C. 11432(g)(1)(J)(ii);
(c)
A director or a director's designee of either a federal TRIO program
or gaining early awareness and readiness for undergraduate program
(GEAR UP).
(d)
A financial aid administrator for an institution of higher education.
(G)(1)
The
department of rehabilitation and correction shall submit an
application for an identification card or temporary identification
card, as applicable, to the registrar on behalf of an individual who
is a prisoner at a state correctional institution and who has
completed that application in accordance with section 5120.59 of the
Revised Code.
(2)
The department of youth services shall submit an application for an
identification card or a temporary identification card, as
applicable, to the registrar on behalf of an individual who is in the
custody of the department at a juvenile correctional facility and who
has completed that application in accordance with section 5139.511 of
the Revised Code.
(3)
A community-based correctional facility and program or a district
community-based correctional facility and program shall submit an
application for an identification card or a temporary identification
card, as applicable, to the registrar on behalf of an individual who
is in the custody of the facility and who has completed that
application in accordance with section 2301.551 of the Revised Code.
(4)
A halfway house organization shall submit an application for an
identification card or a temporary identification card, as
applicable, to the registrar on behalf of an individual who is in the
custody of the organization and who has completed that application in
accordance with section 5120.106 of the Revised Code.
(5)
The registrar may establish a separate application and process by
which the departments shall submit any applications to the registrar
in accordance with this division and section 4507.51 of the Revised
Code.
(H)
Beginning one year after the effective date of this amendment, by the
thirty-first day of January of each year, any registrar or deputy
registrar who waives fees pursuant to division (E)(3) of this section
shall submit an annual report to the director of health detailing the
number of individuals for whom fees were waived in the preceding
one-year period.
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
If
the applicant is under eighteen years of age, the
application
also shall be signed by
the
one
of the following, as applicable:
(a)
The
applicant's
parent or guardian
,
or by the
;
(b)
The
department
of rehabilitation and correction, the department of youth services, a
halfway house organization, a community-based correctional facility
and program, or a district community-based correctional facility and
program
,
as applicable, if the applicant is under eighteen years of age
;
(c)
Any individual permitted to verify that an individual is experiencing
homelessness under section 3705.243 of the Revised Code
.
(2)
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)
(3)
Each
applicant applying in person at a deputy registrar office shall be
photographed at the time of making an application.
(3)
(4)
The
registrar or deputy registrar, in accordance with section 3503.11 of
the Revised Code, shall register as an elector any person who applies
for an identification card or duplicate if the applicant is 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 an
identification card or duplicate.
(4)
(5)
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, the department of youth
services, a halfway house organization, a community-based
correctional facility and program, or a district community-based
correctional facility and program on behalf of an individual in
prison or in the department's, organization's, or facility'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, organization, or
facility.
(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.
Sec.
4507.52.
(A)(1)
Each identification card issued by the registrar of motor vehicles or
a deputy registrar shall display a distinguishing number assigned to
the cardholder, and shall display the following inscription:
"STATE
OF OHIO IDENTIFICATION CARD
This
card is not valid for the purpose of operating a motor vehicle. It is
provided solely for the purpose of establishing the identity of the
bearer described on the card."
(2)
The identification card shall display substantially the same
information as contained in the application and as described in
division
(A)(1)
(A)(2)
of
section 4507.51 of the Revised Code, including, if the cardholder is
a noncitizen of the United States, a notation designating that the
cardholder is a noncitizen. The identification card shall not display
the cardholder's social security number unless the cardholder
specifically requests that the cardholder's social security number be
displayed on the card. If federal law requires the cardholder's
social security number to be displayed on the identification card,
the social security number shall be displayed on the card
notwithstanding this section.
(3)
The identification card also shall display the photograph of the
cardholder.
(4)
If the cardholder has executed a durable power of attorney for health
care or a declaration governing the use or continuation, or the
withholding or withdrawal, of life-sustaining treatment and has
specified that the cardholder wishes the identification card to
indicate that the cardholder has executed either type of instrument,
the card also shall display any symbol chosen by the registrar to
indicate that the cardholder has executed either type of instrument.
(5)
If the cardholder has specified that the cardholder wishes the
identification card to indicate that the cardholder is a veteran,
active duty, or reservist of the armed forces of the United States
and has presented a copy of the cardholder's DD-214 form or an
equivalent document, the card also shall display any symbol chosen by
the registrar to indicate that the cardholder is a veteran, active
duty, or reservist of the armed forces of the United States.
(6)
The card shall be designed as to prevent its reproduction or
alteration without ready detection.
(7)
The identification card for persons under twenty-one years of age
shall have characteristics prescribed by the registrar distinguishing
it from that issued to a person who is twenty-one years of age or
older, except that an identification card issued to a person who
applies no more than thirty days before the applicant's twenty-first
birthday shall have the characteristics of an identification card
issued to a person who is twenty-one years of age or older.
(8)
Every identification card issued to a resident of this state shall
display the expiration date of the card, in accordance with section
4507.501 of the Revised Code.
(9)
Every identification card issued to a temporary resident shall expire
in accordance with section 4507.501 of the Revised Code and rules
adopted by the registrar and is limited term. Every limited term
identification card and limited term temporary identification card
shall contain the words "limited term" and shall have any
additional characteristics prescribed by the registrar distinguishing
it from an identification card issued to a resident.
(B)(1)
If a card is lost, destroyed, or mutilated, the person to whom the
card was issued may obtain a duplicate by doing both of the
following:
(a)
Furnishing suitable proof of the loss, destruction, or mutilation to
the registrar or a deputy registrar;
(b)
Filing an application and presenting documentary evidence under
section 4507.51 of the Revised Code.
(2)
A cardholder may apply to obtain a reprint of the cardholder's
identification card through electronic means in accordance with
section 4507.40 of the Revised Code.
(3)
A cardholder may obtain a replacement identification card that
reflects any change of the cardholder's name by furnishing suitable
proof of the change to the registrar or a deputy registrar.
(4)
Except as provided in division (B)(5) or (6) of this section, when a
cardholder applies for a duplicate, reprint, or replacement
identification card, the cardholder shall pay the following fees:
(a)
Two dollars and fifty cents;
(b)
A deputy registrar or service fee equal to the amount established
under section 4503.038 of the Revised Code.
(5)
The following cardholders may apply for a duplicate, reprint, or
replacement identification card without payment of any fee prescribed
in division (B)(4) of this section:
(a)
A disabled veteran who has a service-connected disability rated at
one hundred per cent by the veterans' administration;
(b)
A resident who is permanently or irreversibly disabled;
(c)
A resident who is in the custody of the department of rehabilitation
and correction, the department of youth services, a halfway house
organization, a community-based correctional facility and program, or
a district community-based correctional facility and program
;
(d)
An individual who is experiencing homelessness
.
(6)
A cardholder who is seventeen years of age or older may apply for a
replacement identification card without payment of any fee prescribed
in division (B)(4) of this section.
(7)
A duplicate, reprint, or replacement identification card expires on
the same date as the card it replaces.
(C)
The registrar shall cancel any card upon determining that the card
was obtained unlawfully, issued in error, or was altered.
(D)(1)
No agent of the state or its political subdivisions shall condition
the granting of any benefit, service, right, or privilege upon the
possession by any person of an identification card. Nothing in this
section shall preclude any publicly operated or franchised transit
system from using an identification card for the purpose of granting
benefits or services of the system.
(2)
No person shall be required to apply for, carry, or possess an
identification card.
(E)
Except in regard to an identification card issued to a person who
applies no more than thirty days before the applicant's twenty-first
birthday, neither the registrar nor any deputy registrar shall issue
an identification card to a person under twenty-one years of age that
does not have the characteristics prescribed by the registrar
distinguishing it from the identification card issued to persons who
are twenty-one years of age or older.
(F)
The registrar shall ensure that identification cards issued in
accordance with the federal "Real ID Act," 49 U.S.C. 30301,
et seq., comply with the regulations specified in 6 C.F.R. part 37.
(G)
Whoever violates division (E) of this section is guilty of a minor
misdemeanor.
Section
2.
That existing sections 111.31,
2101.16, 2303.20, 3109.14, 3333.31
,
3375.011
,
3501.01, 3503.02
,
3503.13, 3503.153
,
3503.16, 3505.19, 3509.03, 3509.04, 3509.05, 3509.051, 3509.06,
3509.07, 3509.08, 3509.10, 3511.011, 3511.02, 3511.021, 3705.24,
3705.242, 4507.01, 4507.50, 4507.51, and 4507.52 of the Revised Code
are hereby repealed.
Section
3.
That
section 3511.01 of the Revised Code is hereby repealed.
Section
4.
The
requirement of this act that an elector provide photo identification
in order to cast absent voter's ballots first applies to absent
voter's ballots cast in the general election to be held on November
2, 2027. For purposes of elections held on or after the effective
date of this section and before November 2, 2027, an elector may
provide identification in the form of the elector's Ohio driver's
license or state identification card number, the last four digits of
the elector's Social Security number, or a copy of the elector's
photo identification when applying for and returning absent voter's
ballots, as permitted under sections 3509.03, 3509.04, and 3509.06 of
the Revised Code as they existed before the effective date of this
section.
Section
5.
Section
3501.01 of the Revised Code is presented in this act as a composite
of the section as amended by H.B. 96, S.B. 63, and S.B. 293 all of
the 136th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised Code
that amendments are to be harmonized and reconciled if reasonably
capable of simultaneous operation, finds that the composite is the
resulting version of the section in effect prior to the effective
date of the section as presented in this act.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________