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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 586
2025-2026
Representatives Bird, Lear
To
amend sections 3509.03, 3511.02, and 3599.21 and to repeal section
111.31 of the Revised Code
to
prohibit any person from mailing out unsolicited absentee ballot
request forms to any other person.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3509.03, 3511.02, and 3599.21 of the Revised Code be amended
to read as follows:
Sec.
3509.03.
(A)
Except as otherwise provided in sections 3509.051, 3511.02, and
3511.021 of the Revised Code, any qualified elector desiring to vote
absent voter's ballots at an election shall deliver a written
application for those ballots, either in person or by mail, to the
board of elections of the county in which the elector's voting
residence is located.
(B)
Except as otherwise permitted under section 3511.02 of the Revised
Code and under division (C) of this section, the application shall be
on a form prescribed by the secretary of state and shall contain all
of the following:
(1)
The elector's name;
(2)
The elector's signature;
(3)
The address at which the elector is registered to vote;
(4)
The elector's date of birth;
(5)
One of the following:
(a)
The elector's Ohio driver's license or state identification card
number;
(b)
The last four digits of the elector's social security number;
(c)
A copy of the elector's photo identification.
(6)
A statement identifying the election for which absent voter's ballots
are requested;
(7)
A statement that the person requesting the ballots is a qualified
elector;
(8)
If the request is for primary election ballots, the elector's party
affiliation;
(9)
If the elector desires ballots to be mailed to the elector, the
address to which those ballots shall be mailed.
(C)
If the elector has a confidential voter registration record, as
described in section 111.44 of the Revised Code, the elector may
provide the elector's program participant identification number
instead of the address at which the elector is registered to vote.
(D)
Except as otherwise provided in division (A) of section 3509.051 and
in division (B) of section 3509.08 of the Revised Code, an
application to receive absent voter's ballots shall be delivered to
the office of the board not earlier than the first day of January of
the year of the elections for which the absent voter's ballots are
requested or not earlier than ninety days before the day of the
election at which the ballots are to be voted, whichever is earlier,
and not later than the close of business on the seventh day before
the day of the election at which the ballots are to be voted.
(E)
Except as permitted under section 111.31 of the Revised Code, no
(E)(1)
No
public
office, and no public official or employee who is acting in an
official capacity, shall do either of the following:
(1)
(a)
Prepay the return postage for an application for absent voter's
ballots;
(2)
(b)
Mail or otherwise deliver an unsolicited application for absent
voter's ballots to any person.
(2)
No person shall mail an unsolicited application for absent voter's
ballots to any person.
(F)(1)
Except as otherwise provided in division (F)(2) of this section and
in sections 3505.24 and 3509.08 of the Revised Code, no person shall
preprint or fill out any portion of an application for absent voter's
ballots on behalf of an applicant.
(2)
The secretary of state or a board of elections may preprint only an
applicant's name and address on an application for absent voter's
ballots before mailing that application to the applicant, except that
if the applicant has a confidential voter registration record, the
secretary of state or a board of elections shall not preprint the
applicant's address on the application.
(3)
A completed application for absent voter's ballots is not valid if
any portion of it has been completed by any person other than the
applicant in violation of division (F) of this section.
Sec.
3511.02.
(A)
Notwithstanding any section of the Revised Code to the contrary,
whenever any person applies for registration as a voter on a form
adopted in accordance with federal regulations relating to the
"Uniformed and Overseas Citizens Absentee Voting Act," 100
Stat. 924, 52 U.S.C.A. 20301, this application shall be sufficient
for voter registration and as a request for an absent voter's ballot.
Uniformed services or overseas absent voter's ballots may be obtained
by any person meeting the requirements of section 3511.011 of the
Revised Code by applying electronically to the secretary of state or
to the board of elections of the county in which the person's voting
residence is located in accordance with section 3511.021 of the
Revised Code or by applying to the board of elections of the county
in which the person's voting residence is located, in one of the
following ways:
(1)
That person may make written application for those ballots. The
person may personally deliver the application to the office of the
board or may mail it, send it by facsimile machine, send it by
electronic mail, send it through internet delivery if such delivery
is offered by the board of elections or the secretary of state, or
otherwise send it to the board. Except as otherwise provided in
division (B) of this section, the application shall be on a form
prescribed by the secretary of state and shall contain all of the
following information:
(a)
The elector's name;
(b)
The elector's signature;
(c)
The address at which the elector is registered to vote;
(d)
The elector's date of birth;
(e)
One of the following:
(i)
The elector's Ohio driver's license or state identification card
number;
(ii)
The last four digits of the elector's social security number;
(iii)
A copy of the elector's photo identification.
(f)
A statement identifying the election for which absent voter's ballots
are requested;
(g)
A statement that the person requesting the ballots is a qualified
elector;
(h)
A statement that the elector is an absent uniformed services voter or
overseas voter as defined in 52 U.S.C. 20310;
(i)
A statement of the elector's length of residence in the state
immediately preceding the commencement of service, immediately
preceding the date of leaving to be with or near the service member,
or immediately preceding leaving the United States, or a statement
that the elector's parent or legal guardian resided in this state
long enough to establish residency for voting purposes immediately
preceding leaving the United States, whichever is applicable;
(j)
If the request is for primary election ballots, the elector's party
affiliation;
(k)
If the elector desires ballots to be mailed to the elector, the
address to which those ballots shall be mailed;
(l)
If the elector desires ballots to be sent to the elector by facsimile
machine, the telephone number to which they shall be so sent;
(m)
If the elector desires ballots to be sent to the elector by
electronic mail or, if offered by the board of elections or the
secretary of state, through internet delivery, the elector's
electronic mail address or other internet contact information.
(2)
A voter or any relative of a voter listed in division (A)(3) of this
section may use a single federal post card application to apply for
uniformed services or overseas absent voter's ballots for use at the
primary and general elections in a given year and any special
election to be held on the day in that year specified by division (E)
of section 3501.01 of the Revised Code for the holding of a primary
election, designated by the general assembly for the purpose of
submitting constitutional amendments proposed by the general assembly
to the voters of the state. A single federal postcard application
shall be processed by the board of elections pursuant to section
3511.04 of the Revised Code the same as if the voter had applied
separately for uniformed services or overseas absent voter's ballots
for each election.
(3)
Application to have uniformed services or overseas absent voter's
ballots mailed or sent by facsimile machine to such a person may be
made by the spouse, father, mother, father-in-law, mother-in-law,
grandfather, grandmother, brother or sister of the whole blood or
half blood, son, daughter, adopting parent, adopted child,
stepparent, stepchild, daughter-in-law, son-in-law, uncle, aunt,
nephew, or niece of such a person. The application shall be in
writing upon a blank form furnished only by the board or on a single
federal post card as provided in division (A)(2) of this section. The
form of the application shall be prescribed by the secretary of
state. The board shall furnish that blank form to any of the
relatives specified in this division desiring to make the
application, only upon the request of such a relative made in person
at the office of the board or upon the written request of such a
relative mailed to the office of the board. Except as otherwise
provided in division (B) of this section, the application, subscribed
and sworn to by the applicant, shall contain all of the following:
(a)
The full name of the elector for whom ballots are requested;
(b)
A statement that the elector is an absent uniformed services voter or
overseas voter as defined in 52 U.S.C. 20310;
(c)
The address at which the elector is registered to vote;
(d)
A statement identifying the elector's length of residence in the
state immediately preceding the commencement of service, immediately
preceding the date of leaving to be with or near a service member, or
immediately preceding leaving the United States, or a statement that
the elector's parent or legal guardian resided in this state long
enough to establish residency for voting purposes immediately
preceding leaving the United States, as the case may be;
(e)
The elector's date of birth;
(f)
One of the following:
(i)
The elector's Ohio driver's license or state identification card
number;
(ii)
The last four digits of the elector's social security number;
(iii)
A copy of the elector's photo identification.
(g)
A statement identifying the election for which absent voter's ballots
are requested;
(h)
A statement that the person requesting the ballots is a qualified
elector;
(i)
If the request is for primary election ballots, the elector's party
affiliation;
(j)
A statement that the applicant bears a relationship to the elector as
specified in division (A)(3) of this section;
(k)
The address to which ballots shall be mailed, the telephone number to
which ballots shall be sent by facsimile machine, the electronic mail
address to which ballots shall be sent by electronic mail, or, if
internet delivery is offered by the board of elections or the
secretary of state, the internet contact information to which ballots
shall be sent through internet delivery;
(l)
The signature and address of the person making the application.
(B)
If the elector has a confidential voter registration record, as
described in section 111.44 of the Revised Code, the application may
include the elector's program participant identification number
instead of the address at which the elector is registered to vote.
(C)
Each application for uniformed services or overseas absent voter's
ballots shall be delivered to the office of the board not earlier
than the first day of January of the year of the elections for which
the uniformed services or overseas absent voter's ballots are
requested or not earlier than ninety days before the day of the
election at which the ballots are to be voted, whichever is earlier.
An application to receive uniformed services or overseas absent
voter's ballots by mail or by another method permitted under section
3511.021 of the Revised Code shall be delivered to the office of the
board not later than the close of business on the seventh day
preceding the day of the election.
(D)
If the voter for whom the application is made is entitled to vote for
presidential and vice-presidential electors only, the applicant shall
submit to the board, in addition to the requirements of division (A)
of this section, a statement to the effect that the voter is
qualified to vote for presidential and vice-presidential electors and
for no other offices.
(E)
Except as permitted under section 111.31 of the Revised Code, no
(E)(1)
No
public
office, and no public official or employee who is acting in an
official capacity, shall do either of the following:
(1)
(a)
Prepay the return postage for an application for absent voter's
ballots;
(2)
(b)
Mail or otherwise deliver an unsolicited application for absent
voter's ballots to any person.
(2)
No person shall mail an unsolicited application for absent voter's
ballots to any person.
(F)(1)
Except as otherwise provided in divisions (A)(2) and (3) and (F)(2)
of this section and in sections 3505.24 and 3509.08 of the Revised
Code, no person shall fill out any portion of a federal post card
application or other application for absent voter's ballots on behalf
of an applicant.
(2)
The secretary of state or a board of elections may preprint only an
applicant's name and address on a federal post card application or
other application for absent voter's ballots before mailing that
application to the applicant, except that if the applicant has a
confidential voter registration record, the secretary of state or the
board of elections shall not preprint the applicant's address on the
application.
(3)
A completed application for absent voter's ballots is not valid if
any portion of it has been completed by any person other than the
applicant in violation of division (F) of this section.
Sec.
3599.21.
(A)
No person shall knowingly do any of the following:
(1)
Impersonate another, or make a false representation in order to
obtain an absent voter's ballot;
(2)
Aid or abet a person to vote an absent voter's ballot illegally;
(3)
If the person is an election official, open, destroy, steal, mark, or
mutilate any absent voter's ballot;
(4)
Aid or abet another person to open, destroy, steal, mark, or mutilate
any absent voter's ballot after the ballot has been voted;
(5)
Delay the delivery of any absent voter's ballot with a view to
preventing its arrival in time to be counted;
(6)
Hinder or attempt to hinder the delivery or counting of such absent
voter's ballot;
(7)
Fail to forward to the appropriate election official an absent
voter's ballot application entrusted to that person to so forward;
(8)
Fail to forward to the appropriate election official an absent
voter's ballot application entrusted to that person to so forward
within ten days after that application is completed or within such a
time period that the failure to so forward the application
disenfranchises the voter with respect to a particular election,
whichever is earlier;
(9)
Return the absent voter's ballot of another to the office of a board
of elections, unless either of the following apply:
(a)
The person is a relative who is authorized to do so under division
(C)(1) of section 3509.05 of the Revised Code;
(b)
The person is, and is acting as, an employee or contractor of the
United States postal service or a private carrier.
(10)
Except as authorized under Chapters 3509. and 3511. of the Revised
Code, possess the absent voter's ballot of another.
(B)(1)
Subject to division (B)(2) of this section, no person who receives
compensation for soliciting persons to apply to vote by absent
voter's ballots shall fail to forward to the appropriate election
official an absent voter's ballot application entrusted to that
person to so forward within ten days after that application is
completed.
(2)
No person who receives compensation for soliciting persons to apply
to vote by absent voter's ballots shall fail to forward to the
appropriate election official an absent voter's ballot application
entrusted to that person to so forward within such a time period that
the failure to so forward the application disenfranchises the voter
with respect to a particular election.
(C)
No
person shall mail an unsolicited application for an absent voter's
ballot to any other person.
(D)
Whoever
violates division (A) or (B) of this section is guilty of a felony of
the fourth degree.
Whoever knowingly violates division (C) of this section is guilty of
a misdemeanor of the first degree on the first offense, and a felony
of the fifth degree on each subsequent offense.
(D)
(E)
As used in this section, "person who receives compensation for
soliciting persons to apply to vote by absent voter's ballots"
includes any effort, for compensation, to provide absent voter's
ballot applications or to assist persons in completing those
applications or returning them to the director of the board of
elections of the county in which the applicant's voting residence is
located.
Section
2.
That
existing sections 3509.03, 3511.02, and 3599.21 of the Revised Code
are hereby repealed.
Section
3.
That
section 111.31 of the Revised Code is hereby repealed.