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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 577
2025-2026
Representative Ferguson
To
amend sections 3375.011, 3501.01, 3503.10, 3503.11, 3503.13, 3503.15,
3503.153, 3503.19, 3503.20, 3503.28, 3505.19, 3509.04, 3509.05,
3509.06, 3509.07, 3509.08, 3511.05, 3511.09, 4501.023, and 4507.01
and to enact section 3509.11 of the Revised Code
to
require photo identification to cast absent voter's ballots by mail
and to modify the law regarding voter registration.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3375.011, 3501.01, 3503.10, 3503.11, 3503.13, 3503.15,
3503.153, 3503.19, 3503.20, 3503.28, 3505.19, 3509.04, 3509.05,
3509.06, 3509.07, 3509.08, 3511.05, 3511.09, 4501.023, and 4507.01 be
amended and section 3509.11 of the Revised Code be enacted to read as
follows:
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.
(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 mental health and addiction
services, 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
a
physical paper that contains legible
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
a
physical paper that contains a legible
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.
Sec.
3503.10.
(A)
Each designated agency shall designate one person within that agency
to serve as coordinator for the voter registration program within the
agency and its departments, divisions, and programs. The designated
person shall be trained under a program designed by the secretary of
state and shall be responsible for administering all aspects of the
voter registration program for that agency as prescribed by the
secretary of state. The designated person shall receive no additional
compensation for performing such duties.
(B)
Every designated agency, public high school and vocational school,
public library, and office of a county treasurer shall provide in
each of its offices or locations voter registration applications and
assistance in the registration of persons qualified to register to
vote, in accordance with this chapter
,
and, upon request, shall provide electors with copies of their photo
identification without charge, in accordance with section 3509.11 of
the Revised Code
.
(C)
Every designated agency shall distribute to its applicants, prior to
or in conjunction with distributing a voter registration application,
a form prescribed by the secretary of state that includes all of the
following:
(1)
The question, "Do you want to register to vote or update your
current voter registration?"--followed by boxes for the
applicant to indicate whether the applicant would like to register or
decline to register to vote, and the statement, highlighted in bold
print, "If you do not check either box, you will be considered
to have decided not to register to vote at this time.";
(2)
If the agency provides public assistance, the statement, "Applying
to register or declining to register to vote will not affect the
amount of assistance that you will be provided by this agency.";
(3)
The statement, "If you would like help in filling out the voter
registration application form, we will help you. The decision whether
to seek or accept help is yours. You may fill out the application
form in private.";
(4)
The statement, "If you believe that someone has interfered with
your right to register or to decline to register to vote, your right
to privacy in deciding whether to register or in applying to register
to vote, or your right to choose your own political party or other
political preference, you may file a complaint with the prosecuting
attorney of your county or with the secretary of state," with
the address and telephone number for each such official's office.
(D)
Each designated agency shall distribute a voter registration form
prescribed by the secretary of state to each applicant with each
application for service or assistance, and with each written
application or form for recertification, renewal, or change of
address.
(E)
Each designated agency shall do all of the following:
(1)
Have employees trained to administer the voter registration program
in order to provide to each applicant who wishes to register to vote
and who accepts assistance, the same degree of assistance with regard
to completion of the voter registration application as is provided by
the agency with regard to the completion of its own form;
(2)
Accept completed voter registration applications, voter registration
change of residence forms, and voter registration change of name
forms, regardless of whether the application or form was distributed
by the designated agency, for transmittal to the office of the board
of elections in the county in which the agency is located. Each
designated agency and the appropriate board of elections shall
establish a method by which the voter registration applications and
other voter registration forms are transmitted to that board of
elections within five days after being accepted by the agency.
(3)
If the designated agency is one that is primarily engaged in
providing services to persons with disabilities under a state-funded
program, and that agency provides services to a person with
disabilities at a person's home, provide the services described in
divisions (E)(1) and (2) of this section at the person's home;
(4)
Keep as confidential, except as required by the secretary of state
for record-keeping purposes, the identity of an agency through which
a person registered to vote or updated the person's voter
registration records, and information relating to a declination to
register to vote made in connection with a voter registration
application issued by a designated agency.
(F)
The secretary of state shall prepare and transmit written
instructions on the implementation of the voter registration program
within each designated agency, public high school and vocational
school, public library, and office of a county treasurer. The
instructions shall include directions as follows:
(1)
That each person designated to assist with voter registration
maintain strict neutrality with respect to a person's political
philosophies, a person's right to register or decline to register,
and any other matter that may influence a person's decision to
register or not register to vote;
(2)
That each person designated to assist with voter registration not
seek to influence a person's decision to register or not register to
vote, not display or demonstrate any political preference or party
allegiance, and not make any statement to a person or take any action
the purpose or effect of which is to lead a person to believe that a
decision to register or not register has any bearing on the
availability of services or benefits offered, on the grade in a
particular class in school, or on credit for a particular class in
school;
(3)
Regarding when and how to assist a person in completing the voter
registration application, what to do with the completed voter
registration application or voter registration update form, and when
the application must be transmitted to the appropriate board of
elections;
(4)
Regarding what records must be kept by the agency and where and when
those records should be transmitted to satisfy reporting requirements
imposed on the secretary of state under the National Voter
Registration Act of 1993;
(5)
Regarding whom to contact to obtain answers to questions about voter
registration forms and procedures.
(G)
If the voter registration activity is part of an in-class voter
registration program in a public high school or vocational school,
whether prescribed by the secretary of state or independent of the
secretary of state, the board of education shall do all of the
following:
(1)
Establish a schedule of school days and hours during these days when
the person designated to assist with voter registration shall provide
voter registration assistance;
(2)
Designate a person to assist with voter registration from the public
high school's or vocational school's staff;
(3)
Make voter registration applications and materials available, as
outlined in the voter registration program established by the
secretary of state pursuant to section 3501.05 of the Revised Code;
(4)
Distribute the statement, "applying to register or declining to
register to vote will not affect or be a condition of your receiving
a particular grade in or credit for a school course or class,
participating in a curricular or extracurricular activity, receiving
a benefit or privilege, or participating in a program or activity
otherwise available to pupils enrolled in this school district's
schools.";
(5)
Establish a method by which the voter registration application and
other voter registration forms are transmitted to the board of
elections within five days after being accepted by the public high
school or vocational school.
(H)
Any person employed by the designated agency, public high school or
vocational school, public library, or office of a county treasurer
may be designated to assist with voter registration pursuant to this
section. The designated agency, public high school or vocational
school, public library, or office of a county treasurer shall provide
the designated person, and make available such space as may be
necessary, without charge to the county or state.
(I)
The secretary of state shall prepare and cause to be displayed in a
prominent location in each designated agency a notice that identifies
the person designated to assist with voter registration, the nature
of that person's duties, and where and when that person is available
for assisting in the registration of voters.
A
designated agency may furnish additional supplies and services to
disseminate information to increase public awareness of the existence
of a person designated to assist with voter registration in every
designated agency.
(J)
This section does not limit any authority a board of education,
superintendent, or principal has to allow, sponsor, or promote
voluntary election registration programs within a high school or
vocational school, including programs in which pupils serve as
persons designated to assist with voter registration, provided that
no pupil is required to participate.
(K)
Each public library and office of the county treasurer shall
establish a method by which voter registration forms are transmitted
to the board of elections within five days after being accepted by
the public library or office of the county treasurer.
(L)
The department of job and family services and its departments,
divisions, and programs shall limit administration of the aspects of
the voter registration program for the department to the requirements
prescribed by the secretary of state and the requirements of this
section and the National Voter Registration Act of 1993.
Sec.
3503.11.
(A)(1)
When any person applies for a driver's license, commercial driver's
license, a state of Ohio identification card issued under section
4507.50 of the Revised Code, or motorcycle operator's license or
endorsement, or the renewal or duplicate of any license or
endorsement under Chapter 4506. or 4507. of the Revised Code, and the
person presents proof of United States citizenship to the registrar
of motor vehicles or the deputy registrar or has previously presented
proof of United States citizenship to the registrar or any deputy
registrar, the registrar or deputy registrar shall offer the
applicant the opportunity to register to vote or to update the
applicant's voter registration by electronic means in conjunction
with the person's transaction with the registrar or deputy registrar,
in a manner prescribed by the secretary of state.
(2)
When any person submits a notice of change of address to the
registrar under division (C) of section 4507.09 of the Revised Code,
the registrar shall offer the applicant the opportunity to submit a
notice of change of address for voter registration purposes by
electronic means in conjunction with the person's transaction with
the registrar, in a manner prescribed by the secretary of state.
(3)
When a person registers to vote or updates the person's voter
registration under division (A)(1) or (2) of this section, the
registrar or deputy registrar shall electronically transmit the
person's signature that is on file with the bureau of motor vehicles
with the electronic record of the voter registration or update, and
that signature shall be considered the person's signature on the
voter registration or update and for all other election and
signature-matching purposes.
(B)
Within twenty-four hours after a person registers to vote or updates
the person's voter registration under division (A) of this section,
the registrar or deputy registrar shall transmit the electronic
record of the voter registration or update to the secretary of state
by electronic means in a manner prescribed by the secretary of state
by rule. Rules adopted under this division shall do all of the
following:
(1)
Prohibit any direct electronic connection between the office of the
registrar or a deputy registrar and the statewide voter registration
database;
(2)
Require any voter registration information to be verified by the
secretary of state or a board of elections before the information is
added to the statewide voter registration database;
(3)
Require the registrar or deputy registrar to electronically date
stamp each electronic record in a manner that does not disclose the
identity of the office that receives the voter registration or
update.
(C)(1)
The registrar of motor vehicles and each deputy registrar also shall
make available to all other customers paper voter registration
applications and update forms, but are not required to offer
assistance to customers in completing those forms. The bureau of
motor vehicles shall supply all of its deputy registrars with a
sufficient number of voter registration applications and update
forms.
(2)
Within five days after a person submits a completed paper voter
registration application or update form to the registrar or a deputy
registrar, the registrar or deputy registrar shall send the form to
the board of elections of the county in which the office of the
registrar or deputy registrar is located.
(D)
The registrar shall collect from each deputy registrar through the
reports filed under division (J) of section 4503.03 of the Revised
Code and transmit to the secretary of state information on the number
of voter registration applications and change of residence or change
of name forms completed or declined, and any additional information
required by the secretary of state to comply with the National Voter
Registration Act of 1993. No information relating to an applicant's
decision to decline to register or update the applicant's voter
registration at the office of the registrar or deputy registrar may
be used for any purpose other than voter registration record-keeping
required by the secretary of state, and all such information shall be
kept confidential.
(E)
Upon request, the registrar or a deputy registrar shall provide an
elector with a copy of the elector's photo identification without
charge, in accordance with section 3509.11 of the Revised Code. The
registrar shall provide a homebound elector with a copy of the
elector's photo identification without charge, in accordance with
section 3509.11 of the Revised Code and as part of the bureau's
homebound identification program.
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)
(B)
None
of the following
in
the possession of the secretary of state or a board of elections
are
subject to disclosure
under division (A)(1) of this section
as public records
:
(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)
A
confidential voter registration record, as described in section
111.44 of the Revised Code;
(c)
(4)
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)
(5)
Any
other information that is prohibited from being disclosed by state or
federal law.
(B)
(C)
Subject to the other applicable requirements of Title XXXV of the
Revised Code, the secretary of state shall prescribe procedures for
the office of the secretary of state and the boards of elections to
store and dispose of electronic files and physical documents that
contain information described in division (B) of this section in
order to prevent the disclosure of that information to the public.
(D)
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.
3503.15.
(A)
The secretary of state shall establish and maintain a statewide voter
registration database that shall be administered by the office of
data analytics and archives in the office of the secretary of state
and made continuously available to each board of elections and to
other agencies as authorized by law.
The
statewide voter registration database shall be the official list of
registered electors for all elections conducted in this state.
(B)
The statewide voter registration database shall, at a minimum,
include all of the following:
(1)
An electronic network that connects all board of elections offices
with the office of the secretary of state and with the offices of all
other boards of elections;
(2)
A computer program that harmonizes the records contained in the
database with records maintained by each board of elections;
(3)
An interactive computer program that allows access to the records
contained in the database by each board of elections and by any
persons authorized by the secretary of state to add, delete, modify,
or print database records, and to conduct updates of the database;
(4)
A search program capable of verifying registered electors and their
registration information by name, driver's license or state
identification card number, birth date, social security number, or
current address;
(5)
Safeguards and components to ensure that the integrity, security, and
confidentiality of the voter registration information is maintained;
(6)
Methods to retain canceled voter registration records for not less
than five years after they are canceled and to record the reason for
their cancellation.
(C)
For each registered elector, the statewide voter registration
database shall include all of the following information:
(1)
The elector's name;
(2)
The elector's birth date;
(3)
The elector's current residence address;
(4)
The elector's precinct number;
(5)
The elector's Ohio driver's license or state identification card
number, if available;
(6)
The last four digits of the elector's social security number, if
available;
(7)
The elector's telephone number, if available;
(8)
The elector's electronic mail address, if available;
(9)(a)
The elector's voter registration date, which shall be determined
based on the elector's most recent application to register to vote in
this state, subject to division (C)(9)(b) of this section, as
follows:
(i)
In the case of an application delivered in person to a state or local
office of a designated agency, the office of the registrar or any
deputy registrar of motor vehicles, a public high school or
vocational school, a public library, or the office of a county
treasurer, the date stamped on the application upon receipt by the
entity that transmits the application to the board of elections or
the secretary of state;
(ii)
In the case of an application delivered in person to a board of
elections or the secretary of state, the date stamped on the
application upon receipt by the board of elections or the secretary
of state, as applicable;
(iii)
In the case of an application delivered by mail to a board of
elections or the secretary of state, the date the application is
postmarked;
(iv)
In the case of an application submitted through the online voter
registration system established under section 3503.20 of the Revised
Code, the date of the online submission;
(v)
In the case of an application submitted to a board of elections by
facsimile transmission or electronic mail under Chapter 3511. of the
Revised Code, the date of the receipt of the transmission or
electronic mail by the board of elections;
(vi)
In the case of a provisional ballot affirmation that serves as an
application to register to vote in future elections because the
individual who cast the ballot is not registered to vote, the date
the board of elections determines that the provisional ballot is
invalid under section 3505.183 of the Revised Code.
(b)
For purposes of determining an elector's voter registration date
under division (C)(9)(a) of this section, all of the following apply:
(i)
An elector's voter registration date shall not be during the period
beginning on the day after the close of voter registration before an
election and ending on the day of the election. If the date
determined under division (C)(9)(a) of this section would be during
that period, the voter registration date instead shall be the date on
which the board of elections processes the application to register to
vote after the day of the election.
(ii)
A change of address or change of name form, including a provisional
ballot affirmation that serves as a change of address or change of
name form, is not considered an application to register to vote.
(iii)
An application to register to vote that is submitted by an individual
who is already registered to vote in this state is not considered an
application to register to vote.
(10)
The elector's voting history, including all of the following for each
election in which the elector cast a ballot that was counted:
(a)
The date of the election;
(b)
If the election was a primary election, the political party whose
ballot the elector cast at the primary election or an indication that
the elector voted only on the questions and issues appearing on the
ballot at a special election held on the day of the primary election;
(c)
The type of ballot the elector cast.
(11)
The elector's last activity date, which shall be determined in
accordance with rules adopted by the secretary of state pursuant to
Chapter 119. of the Revised Code.
(12)
Any other information the secretary of state requires to be included
by rule adopted pursuant to Chapter 119. of the Revised Code.
(D)
Every
business
day
during the period beginning on the forty-sixth day before an election
and ending on the eighty-first day after the day of the election
,
a board of elections shall create a daily record of its voter
registration database as of four p.m. and shall transmit the daily
record to the secretary of state in a secure manner prescribed by the
secretary of state. The secretary of state shall archive the daily
record and retain it
for at least twenty-two months after the day of the election
permanently
.
(E)
The secretary of state shall adopt rules pursuant to Chapter 119. of
the Revised Code to implement this section and sections 3503.151 to
3503.153 of the Revised Code, including rules doing all of the
following:
(1)
Specifying the manner in which any voter registration records
maintained by boards of elections in other data formats shall be
converted for inclusion in the statewide voter registration database;
(2)
Establishing a uniform method for entering voter registration records
into the statewide voter registration database on an expedited basis,
but not less than once per day, if new registration information is
received, and for transmitting information securely to the secretary
of state;
(3)
Establishing a uniform method for purging canceled voter registration
records from the statewide voter registration database in accordance
with section 3503.21 of the Revised Code;
(4)
Specifying the persons authorized to add, delete, modify, or print
records contained in the statewide voter registration database and to
make updates of that database;
(5)
Establishing a process for annually auditing the information
contained in the statewide voter registration database.
(F)
A board of elections promptly shall purge a voter's name and voter
registration information from the statewide voter registration
database in accordance with the rules adopted by the secretary of
state under division (E)(3) of this section after the cancellation of
a voter's registration under section 3503.21 of the Revised Code.
(G)
The secretary of state shall provide training in the operation of the
statewide voter registration database to each board of elections and
to any persons authorized by the secretary of state to add, delete,
modify, or print database records, and to conduct updates of the
database.
(H)
A board of elections and any vendor with which it contracts to
provide voter registration software or related services shall ensure
that the board's voter registration system and practices comply with
the requirements of this section and any rules adopted under this
section.
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
divisions
(A)(2)
and
(3)
of
this section,
the
following
all
of the
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.
(4)
The web site shall permit a member of the public to access the
information described in division (A)(1) of this section by two
methods:
(a)
The web site shall permit a user to download voter registration
records from any given date, as provided to the secretary of state by
the boards of elections under division (D) of section 3503.15 of the
Revised Code, in a widely accessible electronic format.
(b)
The web site shall permit a user to search for an elector by name.
(5)
The web site also shall include contact information for each board of
elections and, if an elector is required to cast a provisional
ballot, the reason for that fact and instructions for the elector to
provide any additional, corrected, or updated information to a board
of elections that the elector must provide in order to cast a regular
ballot.
(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.
3503.19.
(A)
Persons qualified to register or to change their registration because
of a change of address or change of name may register or change their
registration in person at any state or local office of a designated
agency, at the office of the registrar or any deputy registrar of
motor vehicles, at a public high school or vocational school, at a
public library, at the office of a county treasurer, or at a branch
office established by the board of elections, or in person, through
another person, or by mail at the office of the secretary of state or
at the office of a board of elections. A registered elector may also
change the elector's registration on election day at any polling
place where the elector is eligible to vote, in the manner provided
under section 3503.16 of the Revised Code.
Any
state or local office of a designated agency, a public high school or
vocational school, a public library, or the office of a county
treasurer shall transmit any voter registration application or change
of registration form that it receives to the board of elections of
the county in which the state or local office is located, within five
days after receiving the voter registration application or change of
registration form. The office of the registrar or any deputy
registrar of motor vehicles shall transmit any electronic voter
registration application or change of registration that it receives
to the secretary of state within twenty-four hours after receiving
it, and shall transmit any paper voter registration application or
change of registration form that it receives to the board of
elections of the county in which the office of the registrar or
deputy registrar is located within five days after receiving the
voter registration application or change of registration form, as
required under section 3503.11 of the Revised Code.
An
otherwise valid voter registration application that is returned to
the appropriate office other than by mail must be received by a state
or local office of a designated agency, the office of the registrar
or any deputy registrar of motor vehicles, a public high school or
vocational school, a public library, the office of a county
treasurer, the office of the secretary of state, or the office of a
board of elections no later than the thirtieth day preceding a
primary, special, or general election for the person to qualify as an
elector eligible to vote at that election. An otherwise valid
registration application received after that day entitles the elector
to vote at all subsequent elections.
Any
state or local office of a designated agency, the office of the
registrar or any deputy registrar of motor vehicles, a public high
school or vocational school, a public library, or the office of a
county treasurer shall date stamp a registration application or
change of name or change of address form it receives using a date
stamp that does not disclose the identity of the state or local
office that receives the registration.
Voter
registration applications, if otherwise valid, that are returned by
mail to the office of the secretary of state or to the office of a
board of elections must be postmarked no later than the thirtieth day
preceding a primary, special, or general election in order for the
person to qualify as an elector eligible to vote at that election. If
an otherwise valid voter registration application that is returned by
mail does not bear a postmark or a legible postmark, the registration
shall be valid for that election if received by the office of the
secretary of state or the office of a board of elections no later
than twenty-five days preceding any special, primary, or general
election.
(B)(1)
Any person may apply in person, by telephone, by mail, or through
another person for voter registration forms to the office of the
secretary of state or the office of a board of elections. An
individual who is eligible to vote as a uniformed services voter or
an overseas voter in accordance with 42 U.S.C. 1973ff-6 also may
apply for voter registration forms by electronic means to the office
of the secretary of state or to the board of elections of the county
in which the person's voting residence is located pursuant to section
3503.191 of the Revised Code.
(2)(a)
An applicant may return the applicant's completed registration form
in person or by mail to any state or local office of a designated
agency, to a public high school or vocational school, to a public
library, to the office of a county treasurer, to the office of the
secretary of state, or to the office of a board of elections. An
applicant who is eligible to vote as a uniformed services voter or an
overseas voter in accordance with 42 U.S.C. 1973ff-6 also may return
the applicant's completed voter registration form electronically to
the office of the secretary of state or to the board of elections of
the county in which the person's voting residence is located pursuant
to section 3503.191 of the Revised Code.
(b)
Subject to division (B)(2)(c) of this section, an applicant may
return the applicant's completed registration form through another
person to any board of elections or the office of the secretary of
state.
(c)
A person who receives compensation for registering a voter shall
return any registration form entrusted to that person by an applicant
to any board of elections or to the office of the secretary of state.
(d)
If a board of elections or the office of the secretary of state
receives a registration form under division (B)(2)(b) or (c) of this
section before the thirtieth day before an election, the board or the
office of the secretary of state, as applicable, shall forward the
registration to the board of elections of the county in which the
applicant is seeking to register to vote within ten days after
receiving the application. If a board of elections or the office of
the secretary of state receives a registration form under division
(B)(2)(b) or (c) of this section on or after the thirtieth day before
an election, the board or the office of the secretary of state, as
applicable, shall forward the registration to the board of elections
of the county in which the applicant is seeking to register to vote
within thirty days after that election.
(C)(1)
A board of elections that receives a voter registration application
and is satisfied as to the truth of the statements made in the
registration form shall register the applicant not later than twenty
business days after receiving the application, unless that
application is received during the thirty days immediately preceding
the day of an election. The board shall promptly notify the applicant
in writing of each of the following:
(a)
The applicant's registration;
(b)
The precinct in which the applicant is to vote;
(c)
In bold type as follows:
"Voters
must
bring
provide
photo
identification
to
the polls
in
order to verify identity. Voters who do not provide photo
identification will still be able to vote by casting a provisional
ballot."
The
notification shall be by nonforwardable mail. If the mail is returned
to the board, it shall investigate and cause the notification to be
delivered to the correct address.
(2)
If, after investigating as required under division (C)(1) of this
section, the board is unable to verify the voter's correct address,
it shall cause the voter's name in the official registration list and
in the poll list or signature pollbook to be marked to indicate that
the voter's notification was returned to the board.
At
the first election at which a voter whose name has been so marked
appears to vote, the voter shall be required to vote by provisional
ballot under section 3505.181 of the Revised Code. If the provisional
ballot is counted pursuant to division (B)(3) of section 3505.183 of
the Revised Code, the board shall correct that voter's registration,
if needed, and shall remove the indication that the voter's
notification was returned from that voter's name on the official
registration list and on the poll list or signature pollbook. If the
provisional ballot is not counted pursuant to division (B)(4)(a)(i),
(v), or (vi) of section 3505.183 of the Revised Code, the voter's
registration shall be canceled. The board shall notify the voter by
United States mail of the cancellation.
(3)
If a notice of the disposition of an otherwise valid registration
application is sent by nonforwardable mail and is returned
undelivered, the person shall be registered as provided in division
(C)(2) of this section and sent a confirmation notice by forwardable
mail. If the person fails to respond to the confirmation notice,
update the person's registration, or vote by provisional ballot as
provided in division (C)(2) of this section in any election during
the period of two federal elections subsequent to the mailing of the
confirmation notice, the person's registration shall be canceled.
Sec.
3503.20.
(A)
The secretary of state shall establish a secure online voter
registration system. The system shall provide for all of the
following:
(1)
An applicant to submit a voter registration application to the
secretary of state online through the internet;
(2)
The online applicant to be registered to vote, if all of the
following apply:
(a)
The application contains all of the following information:
(i)
The applicant's name;
(ii)
The applicant's address;
(iii)
The applicant's date of birth;
(iv)
The last four digits of the applicant's social security number;
(v)
The applicant's Ohio driver's license number or the number of the
applicant's state identification card issued under section 4507.50 of
the Revised Code.
(b)
The applicant's name, address, and date of birth, the last four
digits of the applicant's social security number, and the applicant's
Ohio driver's license number or the number of the applicant's state
identification card as they are provided in the application are not
inconsistent with the information on file with the bureau of motor
vehicles;
(c)
The applicant is a United States citizen, will have lived in this
state for thirty days immediately preceding the next election, will
be at least eighteen years of age on or before the day of the next
general election, and is otherwise eligible to register to vote;
(d)
The applicant attests to the truth and accuracy of the information
submitted in the online application under penalty of election
falsification.
(B)
If an individual registers to vote or a registered elector updates
the elector's name, address, or both under this section, the
secretary of state shall obtain an electronic copy of the applicant's
or elector's signature that is on file with the bureau of motor
vehicles. That electronic signature shall be used as the applicant's
or elector's signature on voter registration records, for all
election and signature-matching purposes.
(C)
(C)(1)
The
secretary of state shall employ whatever security measures the
secretary of state considers necessary to ensure the integrity and
accuracy of voter registration information submitted electronically
pursuant to this section.
Errors
Before
an applicant may submit a voter registration application or update,
the online voter registration system shall require the applicant to
verify the applicant's identity. When accessing the online voter
registration system using a secure online account registered to the
person the applicant purports to be, the applicant shall complete
multifactor authentication each time the applicant uses the account,
using one or more of the following methods:
(a)
Entering a code sent to an electronic mail address or telephone
number that, according to the previously existing records of the
secretary of state or another state agency, belongs to the person the
applicant purports to be;
(b)
Providing a token from authentication software installed on a device
that, according to the previously existing records of the secretary
of state or another state agency, belongs to the person the applicant
purports to be;
(c)
Answering one or more questions about the person the applicant
purports to be, based on information about the person in the
previously existing records of the secretary of state or another
state agency that is not available to the public.
(2)
As used in division (C)(1) of this section, "multifactor
authentication" has the same meaning as in section 3965.01 of
the Revised Code.
(3)
Errors
in
processing voter registration applications in the online system shall
not prevent an applicant from becoming registered or from voting.
(D)
The online voter registration application established under division
(A) of this section shall include the following language:
"By
clicking the box below, I affirm all of the following under penalty
of election falsification, which is a felony of the fifth degree:
(1)
I am the person whose name and identifying information is provided on
this form, and I desire to register to vote, or update my voter
registration, in the State of Ohio.
(2)
All of the information I have provided on this form is true and
correct as of the date I am submitting this form.
(3)
I am a United States citizen.
(4)
I will have lived in Ohio for thirty days immediately preceding the
next election.
(5)
I will be at least eighteen years of age on or before the day of the
next general election.
(6)
I authorize the Bureau of Motor Vehicles to transmit to the Ohio
Secretary of State my signature that is on file with the Bureau of
Motor Vehicles, and I understand and agree that the signature
transmitted by the Bureau of Motor Vehicles will be used by the
Secretary of State to validate this electronic voter registration
application as if I had signed this form personally."
In
order to register to vote or update a voter registration under
division (A) of this section, an applicant or elector shall be
required to mark the box in the online voter registration application
that appears in conjunction with the previous statement.
(E)
The
online voter registration process established under division (A) of
this section shall be in operation and available for use by
individuals who wish to register to vote or update their voter
registration information online not earlier than January 1, 2017.
During
the period beginning on the first day after the close of voter
registration before an election and ending on the day of the
election, the online voter registration system shall display a notice
indicating that the applicant will not be registered to vote for the
purposes of that election.
(F)
Notwithstanding section 1.50 of the Revised Code, if any provision of
this section or of division (E) of section 3503.14 of the Revised
Code is held invalid, or if the application of any provision of this
section or of that division to any person or circumstance is held
invalid, then this section and that division cease to operate.
Sec.
3503.28.
(A)
The secretary of state shall develop an information brochure
regarding voter registration
and identification
.
The brochure shall include, but is not limited to, all of the
following information:
(1)
The applicable deadlines for registering to vote or for returning an
applicant's completed registration form;
(2)
The applicable deadline for returning an applicant's completed
registration form if the person returning the form is being
compensated for registering voters;
(3)
The locations to which a person may return an applicant's completed
registration form;
(4)
The location to which a person who is compensated for registering
voters may return an applicant's completed registration form;
(5)
The registration and affirmation requirements applicable to persons
who are compensated for registering voters under section 3503.29 of
the Revised Code;
(6)
A notice, which shall be written in bold type, stating as follows:
"Voters
must
bring
provide
photo
identification
to
the polls
in
order to verify identity. Voters who do not provide photo
identification will still be able to vote by casting a provisional
ballot."
(7)
The acceptable types of photo identification;
(8)
The requirement to include a copy of the voter's photo identification
when casting absent voter's ballots by mail;
(9)
The manner in which an elector may receive a state identification
card without the payment of any fee;
(10)
The manner in which an elector may receive a copy of the elector's
photo identification without the payment of any fee, as described in
section 3509.11 of the Revised Code.
(B)
Except
as otherwise provided in division (D) of this section, a
A
board
of elections, designated agency, public high school, public
vocational school, public library, office of a county treasurer, or
deputy registrar of motor vehicles shall
distribute
offer
a
copy of the brochure developed under division (A) of this section to
any person who requests
more
than two
a
voter
registration
forms at one time
form or otherwise registers to vote through the office
.
(C)(1)
The secretary of state shall provide the information required to be
included in the brochure developed under division (A) of this section
to any person who prints a voter registration form that is made
available on a web site of the office of the secretary of state
and to any person who registers to vote or updates the person's
registration through the online voter registration system described
in section 3503.20 of the Revised Code
.
(2)
If a board of elections operates and maintains a web site, the board
shall provide the information required to be included in the brochure
developed under division (A) of this section to any person who prints
a voter registration form that is made available on that web site.
(D)
A
board of elections shall not be required to distribute a copy of a
brochure under division (B) of this section to any of the following
officials or employees who are requesting more than two voter
registration forms at one time in the course of the official's or
employee's normal duties:
(1)
An election official;
(2)
A county treasurer;
(3)
A deputy registrar of motor vehicles;
(4)
An employee of a designated agency;
(5)
An employee of a public high school;
(6)
An employee of a public vocational school;
(7)
An employee of a public library;
(8)
An employee of the office of a county treasurer;
(9)
An employee of the bureau of motor vehicles;
(10)
An employee of a deputy registrar of motor vehicles;
(11)
An employee of an election official.
(E)
As
used in this section, "registering voters" includes any
effort, for compensation, to provide voter registration forms or to
assist persons in completing or returning those forms.
Sec.
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
or casting absent voter's ballots by mail
.
(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.
3509.04.
(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
as it appears on the voter's Ohio driver's license or state
identification card or, if the voter does not have one, on the
voter's social security card
),
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).
I
do not have an Ohio driver's license or state identification card.
The
last four digits of my Social Security Number are _______________
(Last four digits of Social Security Number).
(Voter
must provide one of the following:)
______
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
legible
paper
copy
of
the
front and back of
my
photo identification in the return envelope in which this
identification envelope will be mailed.
Acceptable photo identification is an Ohio driver's license, state
identification card, or interim identification form issued by the
Bureau of Motor Vehicles, a United States passport or passport card,
a United States military identification card, an Ohio National Guard
identification card, or a United States Department of Veterans
Affairs identification card. Your photo identification must include
your name and photograph and must not be expired.
ENCLOSE
A
COPY
OF
YOUR PHOTO ID, NOT THE ORIGINAL PHOTO ID
______
I am enclosing a completed affidavit of religious objection to being
photographed in the return envelope in which this identification
envelope will be mailed.
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.
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)
(B)(1)
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)
A copy of the elector's photo identification in the return envelope
with the identification envelope
.
(2)
The elector shall enclose one of the following in the return envelope
with the identification envelope:
(a)
A copy of the elector's photo identification;
(b)
A completed affidavit of religious objection to being photographed,
as described in section 3505.19 of the Revised Code.
(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)(1)
Except as otherwise provided in division (D)(2) of this section, 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.
(2)(a)
Except as otherwise provided in division (D)(2)(b) of this section,
any return envelope that is postmarked prior to the day of the
election shall be delivered to the director prior to the fifth day
after the election. Ballots delivered in envelopes postmarked prior
to the day of the election that are received after the close of the
polls on election day through the fourth day thereafter shall be
counted on the fifth day at the board of elections in the manner
provided in divisions (C) and (D) of section 3509.06 of the Revised
Code or in the manner provided in division (E) of that section, as
applicable. Any such ballots that are received by the director later
than the fourth day following the election shall not be counted, but
shall be kept by the board in the sealed identification envelopes as
provided in division (A) of this section.
(b)
Division (D)(2)(a) of this section shall not apply to any mail that
is postmarked using a postage evidencing system, including a postage
meter, as defined in 39 C.F.R. 501.1.
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,
that
the ballots are invalid under section 3509.07 of the Revised Code,
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
;
as it appears on the voter's Ohio driver's license or state
identification card or, if the voter does not have an Ohio driver's
license or state identification card, as it appears on the voter's
social security card. The voter's name is considered complete if all
of the following conditions are met:
(I)
Any difference in the first or middle name is due to the use of a
formal, informal, or commonly recognized nickname version of the same
name, whether on the identification envelope statement of voter or in
the records of the bureau of motor vehicles or the social security
administration.
(II)
The middle name and middle initial begin with the same letter.
(III)
The last name on the identification envelope statement of voter
exactly matches the last name in the records of the bureau of motor
vehicles or the social security administration.
(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
if the voter has one, or if the voter does not have an Ohio driver's
license or state identification card, the
last
four digits of the voter's social security number;
or
(III)
(vi)
A
copy of the voter's photo identification
or a valid affidavit of religious objection to being photographed, as
described in section 3505.19 of the Revised Code
.
(b)
If the election officials find that
a
copy of the voter's photo identification or a valid affidavit of
religious objection to being photographed is not enclosed, that
the
identification envelope statement of voter is incomplete
,
or that the information contained in that statement does not conform
to
the enclosed copy of the voter's photo identification or the
affidavit of religious objection to being photographed or
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
,
identification, or affidavit
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 shall provide any necessary information in writing and on a
form prescribed by the secretary of state.
The
voter may deliver the form
,
identification, or affidavit
to the office of the board in person or by mail. If the voter
provides the necessary information
,
identification, or affidavit
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
,
identification, or affidavit
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 shall provide any necessary information in writing and on a
form prescribed by the secretary of state.
The
voter may deliver the form
,
identification, or affidavit
to the office of the board in person or by mail. If the voter
provides the necessary information
,
identification, or affidavit
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
,
identification, or affidavit
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) 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
the
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)
Any qualified elector, who, on account of the elector's own personal
illness, physical disability, or infirmity, or on account of the
elector's confinement in a jail or workhouse under sentence for a
misdemeanor or awaiting trial on a felony or misdemeanor, will be
unable to travel from the elector's home or place of confinement to
the voting booth in the elector's precinct on the day of any general,
special, or primary election may make application in writing for an
absent voter's ballot to the board of elections of the elector's
county in the manner described in section 3509.03 of the Revised
Code. The application shall state the nature of the elector's
illness, physical disability, or infirmity, or the fact that the
elector is confined in a jail or workhouse and the elector's
resultant inability to travel to the election booth in the elector's
precinct on election day.
The
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.
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.
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.
This
chapter applies to disabled and confined absent voter's ballots
except as otherwise provided in this section.
(B)(1)
Any qualified elector who is unable to travel to the voting booth in
the elector's precinct on the day of any general, special, or primary
election 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
shall be made in writing in the manner described in 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 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. 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 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.
The board of elections shall provide its employees who deliver
ballots to electors under this section with appropriate equipment to
provide to an elector, without charge, a copy of the elector's photo
identification for the purpose of casting absent voter's ballots
under this section.
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 or a deputy registrar;
(D)
A designated agency;
(E)
A public high school or vocational school;
(F)
A public library;
(G)
A county treasurer.
Sec.
3511.05.
(A)
The board of elections shall place uniformed services or overseas
absent voter's ballots sent by mail in an unsealed identification
envelope, gummed ready for sealing. The board shall include with
uniformed services or overseas absent voter's ballots sent
electronically, including by facsimile machine, an instruction sheet
for preparing a gummed envelope in which the ballots shall be
returned. The envelope for returning ballots sent by either means
shall have printed or written on its face a form substantially as
follows:
"Identification
Envelope Statement of Voter
I,
________________________(Name of voter
as it appears on the voter's Ohio driver's license or state
identification card or, if the voter does not have one, on the
voter's social security card
),
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).
I
do not have an Ohio driver's license or state identification card.
The
last four digits of my Social Security Number are _______________
(Last four digits of Social Security Number).
(Voter
must provide one of the following:)
______
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
legible
paper
copy
of
the
front and back of
my
photo identification in the return envelope in which this
identification envelope will be mailed.
Acceptable photo identification is an Ohio driver's license, state
identification card, or interim identification form issued by the
Bureau of Motor Vehicles, a United States passport or passport card,
a United States military identification card, an Ohio National Guard
identification card, or a United States Department of Veterans
Affairs identification card. Your photo identification must include
your name and photograph and must not be expired.
ENCLOSE
A
COPY
OF
YOUR PHOTO ID, NOT THE ORIGINAL PHOTO ID
______
I am enclosing a completed affidavit of religious objection to being
photographed in the return envelope in which this identification
envelope will be mailed.
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."
(B)
The board shall also mail with the ballots and the unsealed
identification envelope sent by mail an unsealed return envelope,
gummed, ready for sealing, for use by the voter in returning the
voter's marked ballots to the office of the board. The board shall
send with the ballots and the instruction sheet for preparing a
gummed envelope sent electronically, including by facsimile machine,
an instruction sheet for preparing a second gummed envelope as
described in this division, for use by the voter in returning that
voter's marked ballots to the board. The return envelope shall have
two parallel lines, each one quarter of an inch in width, printed
across its face paralleling the top, with an intervening space of one
quarter of an inch between such lines. The top line shall be one and
one-quarter inches from the top of the envelope. Between the parallel
lines shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank
lines shall be printed in the upper left corner on the face of the
envelope for the use by the voter in placing the voter's complete
military, naval, or mailing address on these lines. The post-office
address of the office of the board shall be printed on the face of
such envelope in the lower right portion below the bottom parallel
line.
(C)
On the back of each identification envelope and each return envelope
shall be printed the following:
"Instructions
to voter:
If
the flap on this envelope is so firmly stuck to the back of the
envelope when received by you as to require forcible opening in order
to use it, open the envelope in the manner least injurious to it,
and, after marking your ballots and enclosing same in the envelope
for mailing them to the board of elections, reclose the envelope in
the most practicable way, by sealing or otherwise, and sign the blank
form printed below.
The
flap on this envelope was firmly stuck to the back of the envelope
when received, and required forced opening before sealing and
mailing.
____________________
(Signature
of voter)"
(D)
Division (C) of this section does not apply when absent voter's
ballots are sent electronically, including by facsimile machine.
(E)
Except as otherwise provided in this division 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 or
electronically transmitting 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.
3511.09.
(A)
Upon receiving uniformed services or overseas absent voter's ballots,
the elector shall cause the questions on the face of the
identification envelope to be answered, and, by writing the elector's
usual signature in the proper place on the identification envelope,
the elector shall declare under penalty of election falsification
that the answers to those questions are true and correct to the best
of the elector's knowledge and belief. Then, the elector shall note
whether there are any voting marks on the ballot. 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 separately so as to conceal the markings on it,
deposited in the identification envelope, and securely sealed in the
identification envelope. The elector shall sign the identification
envelope not later than the close of the polls on the day of the
election. The elector then shall cause the identification envelope to
be placed within the return envelope, sealed in the return envelope,
and mailed to the board of elections to which it is addressed.
(B)
(B)(1)
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)
A copy of the elector's photo identification in the return envelope
with the identification envelope
.
(2)
The elector shall enclose one of the following in the return envelope
with the identification envelope:
(a)
A copy of the elector's photo identification;
(b)
A completed affidavit of religious objection to being photographed,
as described in section 3505.19 of the Revised Code.
(C)
Every uniformed services or overseas absent voter's ballot
identification envelope shall be accompanied by the following
statement in boldface capital letters: WHOEVER COMMITS ELECTION
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
(D)
The elector shall cause the uniformed services or overseas absent
voter's ballots to be returned to the office of the board of
elections in a manner described in division (C) of section 3509.05 of
the Revised Code, provided that the elector shall not be required to
prepay the postage on the return envelope if, under 39 U.S.C. 3406,
no postage is required.
Sec.
4501.023.
(A)
The registrar of motor vehicles shall designate an employee of the
bureau of motor vehicles to be in charge of and responsible for voter
registration within the bureau. Each deputy registrar of motor
vehicles shall designate an employee in that deputy registrar's
office to be in charge of and responsible for voter registration
within that office.
(B)
The registrar shall provide, in cooperation with the secretary of
state, a training program and materials for initial training in voter
registration and for ongoing training for all deputy registrars and
their employees.
(C)
The registrar shall report to the secretary of state at least once
annually the number of applicants for licenses served and the number
of voter registration transactions completed and transmitted to the
board of elections by the registrar and all deputy registrars.
(D)
The registrar shall manage a homebound identification program in
order to provide an identification card to an individual who is
unable to travel to a deputy registrar office because of confinement,
a medical condition, or a disability. Through the program, a
homebound individual may request that a representative of the
department of public safety come to the individual's residence in
order to verify the individual's identity and issue a physical
identification card.
Additionally,
through the program, a homebound individual may request a copy of the
individual's identification card without charge, in accordance with
section 3509.11 of the Revised Code, in order to provide the required
photo identification for the purpose of casting an absent voter's
ballot by mail.
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.
"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.
"Photo
identification" and "copy" of an individual's photo
identification have the same meanings as in section 3501.01 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,
to
provide a copy of an individual's photo identification as required
under section 3509.11 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.
Section
2.
That
existing sections 3375.011, 3501.01, 3503.10, 3503.11, 3503.13,
3503.15, 3503.153, 3503.19, 3503.20, 3503.28, 3505.19, 3509.04,
3509.05, 3509.06, 3509.07, 3509.08, 3511.05, 3511.09, 4501.023, and
4507.01 of the Revised Code are hereby repealed.