As Passed by the Senate

130th General Assembly

Regular Session

2013-2014

Am. Sub. S. B. No. 109

Senator Obhof

Cosponsors: Senators Eklund, Faber, Hite, LaRose, Peterson

A BILL

To amend sections 2101.44, 3501.01, 3501.05,

3501.051, 3501.06, 3501.11, 3501.13, 3501.17,

3501.22, 3501.26, 3501.27, 3501.28, 3501.29,

3501.30, 3501.31, 3501.32, 3501.33, 3501.35,

3501.37, 3503.02, 3503.26, 3505.07, 3505.08,

3505.16, 3505.17, 3505.18, 3505.20, 3505.21,

3505.23, 3505.24, 3505.26, 3505.28, 3505.29,

3505.30, 3505.31, 3506.05, 3506.12, 3506.15,

3509.01, 3509.06, 3513.131, 3513.18, 3513.19,

3513.21, 3515.04, 3517.106, 3517.11, 3599.07,

3599.17, 3599.19, and 3599.31, to enact sections

3501.021 and 3506.021, and to repeal section

3506.16 of the Revised Code to revise the law

regarding election administration, ballots, and

candidates.

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

Section 1. That sections 2101.44, 3501.01, 3501.05,	16
3501.051, 3501.06, 3501.11, 3501.13, 3501.17, 3501.22, 3501.26,	17
3501.27, 3501.28, 3501.29, 3501.30, 3501.31, 3501.32, 3501.33,	18
3501.35, 3501.37, 3503.02, 3503.26, 3505.07, 3505.08, 3505.16,	19
3505.17, 3505.18, 3505.20, 3505.21, 3505.23, 3505.24, 3505.26,	20
3505.28, 3505.29, 3505.30, 3505.31, 3506.05, 3506.12, 3506.15,	21
3509.01, 3509.06, 3513.131, 3513.18, 3513.19, 3513.21, 3515.04,	22
3517.106, 3517.11, 3599.07, 3599.17, 3599.19, and 3599.31 be	23
amended and sections 3501.021 and 3506.021 of the Revised Code be	24
enacted to read as follows:	25

Sec. 2101.44. The election upon the question of combining	26
the probate court and the court of common pleas shall be conducted	27
as provided for the election of county officers.	28

The board of ~~election~~elections shall provide separate	29
ballots, ~~ballot boxes,~~ tally sheets, blanks, stationery, and all	30
such other supplies as may be necessary in the conduct of such	31
election.	32

Ballots shall be printed with an affirmative and negative	33
statement thereon, as follows:	34

		The probate court and the court of common pleas shall be combined.			36
		The probate court and the court of common pleas shall not be combined.			37

Returns of said election shall be made and canvassed at the	39
same time and in the same manner as an election for county	40
officers. The board shall certify the result of said election to	41
the secretary of state, to the probate judge of said county, and	42
to the judge of the court of common pleas, and such result shall	43
be spread upon the journal of the probate court and of the court	44
of common pleas.	45

If a majority of the votes cast at such an election are in	46
favor of combining said courts, such courts shall stand combined	47
upon determination of the fact that a majority of the persons	48
voting upon the question of the combination of such courts voted	49
in favor of such combination.	50

Sec. 3501.01. As used in the sections of the Revised Code	51
relating to elections and political communications:	52

(A) "General election" means the election held on the first	53
Tuesday after the first Monday in each November.	54

(B) "Regular municipal election" means the election held on	55
the first Tuesday after the first Monday in November in each	56
odd-numbered year.	57

(C) "Regular state election" means the election held on the	58
first Tuesday after the first Monday in November in each	59
even-numbered year.	60

(D) "Special election" means any election other than those	61
elections defined in other divisions of this section. A special	62
election may be held only on the first Tuesday after the first	63
Monday in February, May, August, or November, or on the day	64
authorized by a particular municipal or county charter for the	65
holding of a primary election, except that in any year in which a	66
presidential primary election is held, no special election shall	67
be held in February or May, except as authorized by a municipal or	68
county charter, but may be held on the first Tuesday after the	69
first Monday in March.	70

(E)(1) "Primary" or "primary election" means an election held	71
for the purpose of nominating persons as candidates of political	72
parties for election to offices, and for the purpose of electing	73
persons as members of the controlling committees of political	74
parties and as delegates and alternates to the conventions of	75
political parties. Primary elections shall be held on the first	76
Tuesday after the first Monday in May of each year except in years	77
in which a presidential primary election is held.	78

(2) "Presidential primary election" means a primary election	79
as defined by division (E)(1) of this section at which an election	80
is held for the purpose of choosing delegates and alternates to	81
the national conventions of the major political parties pursuant	82
to section 3513.12 of the Revised Code. Unless otherwise	83
specified, presidential primary elections are included in	84
references to primary elections. In years in which a presidential	85
primary election is held, all primary elections shall be held on	86
the first Tuesday after the first Monday in March except as	87
otherwise authorized by a municipal or county charter.	88

(F) "Political party" means any group of voters meeting the	89
requirements set forth in section 3517.01 of the Revised Code for	90
the formation and existence of a political party.	91

(1) "Major political party" means any political party	92
organized under the laws of this state whose candidate for	93
governor or nominees for presidential electors received no less	94
than twenty per cent of the total vote cast for such office at the	95
most recent regular state election.	96

(2) "Intermediate political party" means any political party	97
organized under the laws of this state whose candidate for	98
governor or nominees for presidential electors received less than	99
twenty per cent but not less than ten per cent of the total vote	100
cast for such office at the most recent regular state election.	101

(3) "Minor political party" means any political party	102
organized under the laws of this state whose candidate for	103
governor or nominees for presidential electors received less than	104
ten per cent but not less than five per cent of the total vote	105
cast for such office at the most recent regular state election or	106
which has filed with the secretary of state, subsequent to any	107
election in which it received less than five per cent of such	108
vote, a petition signed by qualified electors equal in number to	109
at least one per cent of the total vote cast for such office in	110
the last preceding regular state election, except that a newly	111
formed political party shall be known as a minor political party	112
until the time of the first election for governor or president	113
which occurs not less than twelve months subsequent to the	114
formation of such party, after which election the status of such	115
party shall be determined by the vote for the office of governor	116
or president.	117

(G) "Dominant party in a precinct" or "dominant political	118
party in a precinct" means that political party whose candidate	119
for election to the office of governor at the most recent regular	120
state election at which a governor was elected received more votes	121
than any other person received for election to that office in such	122
precinct at such election.	123

(H) "Candidate" means any qualified person certified in	124
accordance with the provisions of the Revised Code for placement	125
on the official ballot of a primary, general, or special election	126
to be held in this state, or any qualified person who claims to be	127
a write-in candidate, or who knowingly assents to being	128
represented as a write-in candidate by another at either a	129
primary, general, or special election to be held in this state.	130

(I) "Independent candidate" means any candidate who claims	131
not to be affiliated with a political party, and whose name has	132
been certified on the office-type ballot at a general or special	133
election through the filing of a statement of candidacy and	134
nominating petition, as prescribed in section 3513.257 of the	135
Revised Code.	136

(J) "Nonpartisan candidate" means any candidate whose name is	137
required, pursuant to section 3505.04 of the Revised Code, to be	138
listed on the nonpartisan ballot, including all candidates for	139
judicial office, for member of any board of education, for	140
municipal or township offices in which primary elections are not	141
held for nominating candidates by political parties, and for	142
offices of municipal corporations having charters that provide for	143
separate ballots for elections for these offices.	144

(K) "Party candidate" means any candidate who claims to be a	145
member of a political party, whose name has been certified on the	146
office-type ballot at a general or special election through the	147
filing of a declaration of candidacy and petition of candidate,	148
and who has won the primary election of the candidate's party for	149
the public office the candidate seeks or is selected by party	150
committee in accordance with section 3513.31 of the Revised Code.	151

(L) "Officer of a political party" includes, but is not	152
limited to, any member, elected or appointed, of a controlling	153
committee, whether representing the territory of the state, a	154
district therein, a county, township, a city, a ward, a precinct,	155
or other territory, of a major, intermediate, or minor political	156
party.	157

(M) "Question or issue" means any question or issue certified	158
in accordance with the Revised Code for placement on an official	159
ballot at a general or special election to be held in this state.	160

(N) "Elector" or "qualified elector" means a person having	161
the qualifications provided by law to be entitled to vote.	162

(O) "Voter" means an elector who votes at an election.

163

(P) "Voting residence" means that place of residence of an	164
elector which shall determine the precinct in which the elector	165
may vote.	166

(Q) "Precinct" means a district within a county established	167
by the board of elections of such county within which all	168
qualified electors having a voting residence therein may vote at	169
the same polling place.	170

(R) "Polling place" means that place provided for each	171
precinct at which the electors having a voting residence in such	172
precinct may vote.	173

(S) "Board" or "board of elections" means the board of	174
elections appointed in a county pursuant to section 3501.06 of the	175
Revised Code.	176

(T) "Political subdivision" means a county, township, city,	177
village, or school district.	178

(U) "Election officer" or "election official" means any of	179
the following:	180

(1) Secretary of state;

181

(2) Employees of the secretary of state serving the division	182
of elections in the capacity of attorney, administrative officer,	183
administrative assistant, elections administrator, office manager,	184
or clerical supervisor;	185

(3) Director of a board of elections;

186

(4) Deputy director of a board of elections;

187

(5) Member of a board of elections;

188

(6) Employees of a board of elections;

189

(7) Precinct ~~polling place judges~~election officials;

190

(8) Employees appointed by the boards of elections on a	191
temporary or part-time basis.	192

(V) "Acknowledgment notice" means a notice sent by a board of	193
elections, on a form prescribed by the secretary of state,	194
informing a voter registration applicant or an applicant who	195
wishes to change the applicant's residence or name of the status	196
of the application; the information necessary to complete or	197
update the application, if any; and if the application is	198
complete, the precinct in which the applicant is to vote.	199

(W) "Confirmation notice" means a notice sent by a board of	200
elections, on a form prescribed by the secretary of state, to a	201
registered elector to confirm the registered elector's current	202
address.	203

(X) "Designated agency" means an office or agency in the	204
state that provides public assistance or that provides	205
state-funded programs primarily engaged in providing services to	206
persons with disabilities and that is required by the National	207
Voter Registration Act of 1993 to implement a program designed and	208
administered by the secretary of state for registering voters, or	209
any other public or government office or agency that implements a	210
program designed and administered by the secretary of state for	211
registering voters, including the department of job and family	212
services, the program administered under section 3701.132 of the	213
Revised Code by the department of health, the department of mental	214
health, the department of developmental disabilities, the	215
rehabilitation services commission, and any other agency the	216
secretary of state designates. "Designated agency" does not	217
include public high schools and vocational schools, public	218
libraries, or the office of a county treasurer.	219

(Y) "National Voter Registration Act of 1993" means the	220
"National Voter Registration Act of 1993," 107 Stat. 77, 42	221
U.S.C.A. 1973gg.	222

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	223
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	224

(AA) "Photo identification" means a document that meets each	225
of the following requirements:	226

(1) It shows the name of the individual to whom it was	227
issued, which shall conform to the name in the poll list or	228
signature pollbook.	229

(2) It shows the current address of the individual to whom it	230
was issued, which shall conform to the address in the poll list or	231
signature pollbook, except for a driver's license or a state	232
identification card issued under section 4507.50 of the Revised	233
Code, which may show either the current or former address of the	234
individual to whom it was issued, regardless of whether that	235
address conforms to the address in the poll list or signature	236
pollbook.	237

(3) It shows a photograph of the individual to whom it was	238
issued.	239

(4) It includes an expiration date that has not passed.

240

(5) It was issued by the government of the United States or	241
this state.	242

Sec. 3501.021. Notwithstanding any provision of the Revised	243
Code to the contrary, a political subdivision or other entity that	244
certifies a question or issue to a board of elections for	245
placement on the ballot shall make that certification in paper	246
form. A board of elections shall not accept such a certification	247
in electronic form.	248

Sec. 3501.05. The secretary of state shall do all of the	249
following:	250

(A) Appoint all members of boards of elections;

251

(B) Issue instructions by directives and advisories in	252
accordance with section 3501.053 of the Revised Code to members of	253
the boards as to the proper methods of conducting elections.	254

(C) Prepare rules and instructions for the conduct of	255
elections;	256

(D) Publish and furnish to the boards from time to time a	257
sufficient number of indexed copies of all election laws then in	258
force;	259

(E) Edit and issue all pamphlets concerning proposed laws or	260
amendments required by law to be submitted to the voters;	261

(F) Prescribe the form of registration cards, blanks, and	262
records;	263

(G) Determine and prescribe the forms of ballots and the	264
forms of all blanks, cards of instructions, pollbooks, tally	265
sheets, certificates of election, and forms and blanks required by	266
law for use by candidates, committees, and boards;	267

(H) Prepare the ballot title or statement to be placed on the	268
ballot for any proposed law or amendment to the constitution to be	269
submitted to the voters of the state;	270

(I) Except as otherwise provided in section 3519.08 of the	271
Revised Code, certify to the several boards the forms of ballots	272
and names of candidates for state offices, and the form and	273
wording of state referendum questions and issues, as they shall	274
appear on the ballot;	275

(J) Except as otherwise provided in division (I)(2)(b) of	276
section 3501.38 of the Revised Code, give final approval to ballot	277
language for any local question or issue approved and transmitted	278
by boards of elections under section 3501.11 of the Revised Code;	279

(K) Receive all initiative and referendum petitions on state	280
questions and issues and determine and certify to the sufficiency	281
of those petitions;	282

(L) Require such reports from the several boards as are	283
provided by law, or as the secretary of state considers necessary;	284

(M) Compel the observance by election officers in the several	285
counties of the requirements of the election laws;	286

(N)(1) Except as otherwise provided in division (N)(2) of	287
this section, investigate the administration of election laws,	288
frauds, and irregularities in elections in any county, and report	289
violations of election laws to the attorney general or prosecuting	290
attorney, or both, for prosecution;	291

(2) On and after August 24, 1995, report a failure to comply	292
with or a violation of a provision in sections 3517.08 to 3517.13,	293
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	294
Revised Code, whenever the secretary of state has or should have	295
knowledge of a failure to comply with or a violation of a	296
provision in one of those sections, by filing a complaint with the	297
Ohio elections commission under section 3517.153 of the Revised	298
Code;	299

(O) Make an annual report to the governor containing the	300
results of elections, the cost of elections in the various	301
counties, a tabulation of the votes in the several political	302
subdivisions, and other information and recommendations relative	303
to elections the secretary of state considers desirable;	304

(P) Prescribe and distribute to boards of elections a list of	305
instructions indicating all legal steps necessary to petition	306
successfully for local option elections under sections 4301.32 to	307
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	308

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	309
for the removal by boards of elections of ineligible voters from	310
the statewide voter registration database and, if applicable, from	311
the poll list or signature pollbook used in each precinct, which	312
rules shall provide for all of the following:	313

(1) A process for the removal of voters who have changed	314
residence, which shall be uniform, nondiscriminatory, and in	315
compliance with the Voting Rights Act of 1965 and the National	316
Voter Registration Act of 1993, including a program that uses the	317
national change of address service provided by the United States	318
postal system through its licensees;	319

(2) A process for the removal of ineligible voters under	320
section 3503.21 of the Revised Code;	321

(3) A uniform system for marking or removing the name of a	322
voter who is ineligible to vote from the statewide voter	323
registration database and, if applicable, from the poll list or	324
signature pollbook used in each precinct and noting the reason for	325
that mark or removal.	326

(R) Prescribe a general program for registering voters or	327
updating voter registration information, such as name and	328
residence changes, by boards of elections, designated agencies,	329
offices of deputy registrars of motor vehicles, public high	330
schools and vocational schools, public libraries, and offices of	331
county treasurers consistent with the requirements of section	332
3503.09 of the Revised Code;	333

(S) Prescribe a program of distribution of voter registration	334
forms through boards of elections, designated agencies, offices of	335
the registrar and deputy registrars of motor vehicles, public high	336
schools and vocational schools, public libraries, and offices of	337
county treasurers;	338

(T) To the extent feasible, provide copies, at no cost and	339
upon request, of the voter registration form in post offices in	340
this state;	341

(U) Adopt rules pursuant to section 111.15 of the Revised	342
Code for the purpose of implementing the program for registering	343
voters through boards of elections, designated agencies, and the	344
offices of the registrar and deputy registrars of motor vehicles	345
consistent with this chapter;	346

(V) Establish the full-time position of Americans with	347
Disabilities Act coordinator within the office of the secretary of	348
state to do all of the following:	349

(1) Assist the secretary of state with ensuring that there is	350
equal access to polling places for persons with disabilities;	351

(2) Assist the secretary of state with ensuring that each	352
voter may cast the voter's ballot in a manner that provides the	353
same opportunity for access and participation, including privacy	354
and independence, as for other voters;	355

(3) Advise the secretary of state in the development of	356
standards for the certification of voting machines, marking	357
devices, and automatic tabulating equipment.	358

(W) Establish and maintain a computerized statewide database	359
of all legally registered voters under section 3503.15 of the	360
Revised Code that complies with the requirements of the "Help	361
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	362
and provide training in the operation of that system;	363

(X) Ensure that all directives, advisories, other	364
instructions, or decisions issued or made during or as a result of	365
any conference or teleconference call with a board of elections to	366
discuss the proper methods and procedures for conducting	367
elections, to answer questions regarding elections, or to discuss	368
the interpretation of directives, advisories, or other	369
instructions issued by the secretary of state are posted on a web	370
site of the office of the secretary of state as soon as is	371
practicable after the completion of the conference or	372
teleconference call, but not later than the close of business on	373
the same day as the conference or teleconference call takes place.	374

(Y) Publish a report on a web site of the office of the	375
secretary of state not later than one month after the completion	376
of the canvass of the election returns for each primary and	377
general election, identifying, by county, the number of absent	378
voter's ballots cast and the number of those ballots that were	379
counted, and the number of provisional ballots cast and the number	380
of those ballots that were counted, for that election. The	381
secretary of state shall maintain the information on the web site	382
in an archive format for each subsequent election.	383

(Z) Conduct voter education outlining voter identification,	384
absent voters ballot, provisional ballot, and other voting	385
requirements;	386

(AA) Establish a procedure by which a registered elector may	387
make available to a board of elections a more recent signature to	388
be used in the poll list or signature pollbook produced by the	389
board of elections of the county in which the elector resides;	390

(BB) Disseminate information, which may include all or part	391
of the official explanations and arguments, by means of direct	392
mail or other written publication, broadcast, or other means or	393
combination of means, as directed by the Ohio ballot board under	394
division (F) of section 3505.062 of the Revised Code, in order to	395
inform the voters as fully as possible concerning each proposed	396
constitutional amendment, proposed law, or referendum;	397

(CC) Be the single state office responsible for the	398
implementation of the "Uniformed and Overseas Citizens Absentee	399
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,	400
et seq., as amended, in this state. The secretary of state may	401
delegate to the boards of elections responsibilities for the	402
implementation of that act, including responsibilities arising	403
from amendments to that act made by the "Military and Overseas	404
Voter Empowerment Act," Subtitle H of the "National Defense	405
Authorization Act for Fiscal Year 2010," Pub. L. No. 111-84, 123	406
Stat. 3190.	407

(DD) Adopt rules, under Chapter 119. of the Revised Code, to	408
establish procedures and standards for determining when a board of	409
elections shall be placed under the official oversight of the	410
secretary of state, placing a board of elections under the	411
official oversight of the secretary of state, a board that is	412
under official oversight to transition out of official oversight,	413
and the secretary of state to supervise a board of elections that	414
is under official oversight of the secretary of state.	415

(EE) Perform other duties required by law.

416

Whenever a primary election is held under section 3513.32 of	417
the Revised Code or a special election is held under section	418
3521.03 of the Revised Code to fill a vacancy in the office of	419
representative to congress, the secretary of state shall establish	420
a deadline, notwithstanding any other deadline required under the	421
Revised Code, by which any or all of the following shall occur:	422
the filing of a declaration of candidacy and petitions or a	423
statement of candidacy and nominating petition together with the	424
applicable filing fee; the filing of protests against the	425
candidacy of any person filing a declaration of candidacy or	426
nominating petition; the filing of a declaration of intent to be a	427
write-in candidate; the filing of campaign finance reports; the	428
preparation of, and the making of corrections or challenges to,	429
precinct voter registration lists; the receipt of applications for	430
absent voter's ballots or ~~armed service~~uniformed services or	431
overseas absent voter's ballots; the supplying of election	432
materials to precincts by boards of elections; the holding of	433
hearings by boards of elections to consider challenges to the	434
right of a person to appear on a voter registration list; and the	435
scheduling of programs to instruct or reinstruct election	436
officers.	437

In the performance of the secretary of state's duties as the	438
chief election officer, the secretary of state may administer	439
oaths, issue subpoenas, summon witnesses, compel the production of	440
books, papers, records, and other evidence, and fix the time and	441
place for hearing any matters relating to the administration and	442
enforcement of the election laws.	443

In any controversy involving or arising out of the adoption	444
of registration or the appropriation of funds for registration,	445
the secretary of state may, through the attorney general, bring an	446
action in the name of the state in the court of common pleas of	447
the county where the cause of action arose or in an adjoining	448
county, to adjudicate the question.	449

In any action involving the laws in Title XXXV of the Revised	450
Code wherein the interpretation of those laws is in issue in such	451
a manner that the result of the action will affect the lawful	452
duties of the secretary of state or of any board of elections, the	453
secretary of state may, on the secretary of state's motion, be	454
made a party.	455

The secretary of state may apply to any court that is hearing	456
a case in which the secretary of state is a party, for a change of	457
venue as a substantive right, and the change of venue shall be	458
allowed, and the case removed to the court of common pleas of an	459
adjoining county named in the application or, if there are cases	460
pending in more than one jurisdiction that involve the same or	461
similar issues, the court of common pleas of Franklin county.	462

Public high schools and vocational schools, public libraries,	463
and the office of a county treasurer shall implement voter	464
registration programs as directed by the secretary of state	465
pursuant to this section.	466

Sec. 3501.051. (A) Notwithstanding any other section of the	467
Revised Code, the secretary of state may authorize, in one or more	468
precincts in one or more counties, a program allowing individuals	469
under the age of eighteen to enter the polling place and vote in a	470
simulated election held at the same time as a general election.	471
Any individual working in or supervising at a simulated election	472
may enter the polling place and remain within it during the entire	473
period the polls are open.	474

(B) A program established under division (A) of this section	475
shall require all of the following:	476

(1) That the duties imposed on ~~judges of~~precinct election	477
officials and peace officers under section 3501.33 of the Revised	478
Code be performed by those ~~judges~~officials and officers in regard	479
to simulated elections and all activities related to simulated	480
elections;	481

(2) That volunteers provide the personnel necessary to	482
conduct the simulated election, except that employees of the	483
secretary of state, employees or members of boards of elections,	484
and precinct election officials may aid in operating the program	485
to the extent permitted by the secretary of state;	486

(3) That individuals under the age of fourteen be accompanied	487
to the simulated election by an individual eighteen years of age	488
or over;	489

(4) Any other requirements the secretary of state considers	490
necessary for the orderly administration of the election process.	491

Sec. 3501.06. (A) There shall be in each county of the state	492
a board of elections consisting of four qualified electors of the	493
county, who shall be appointed by the secretary of state, as the	494
secretary's representatives~~, to serve for the term of four years~~.	495

(B)(1) On the first day of March in ~~even-numbered~~the years	496
2014 and 2016, the secretary of state shall appoint two of such	497
board members~~, one~~for a term of three years. One of ~~whom~~those	498
board members shall be from the political party which cast the	499
highest number of votes for the office of governor at the most	500
recent regular state election, and the other shall be from the	501
political party which cast the next highest number of votes for	502
the office of governor at such election.	503

(2) Beginning in 2017, on the first day of March in	504
odd-numbered years, the secretary of state shall appoint two of	505
such board members for a term of four years. One of those board	506
members shall be from the political party which cast the highest	507
number of votes for the office of governor at the most recent	508
regular state election, and the other shall be from the political	509
party which cast the next highest number of votes for the office	510
of governor at such election. Thereafter, all appointments shall	511
be made on the first day of March in odd-numbered years for a term	512
of four years.	513

(C) All vacancies filled for unexpired terms and all	514
appointments to new terms shall be made from the political party	515
to which the vacating or outgoing member belonged, unless there is	516
a third political party which cast a greater number of votes in	517
the state at the most recent regular state election for the office	518
of governor than did the party to which the retiring member	519
belonged, in which event the vacancy shall be filled from such	520
third party.	521

Sec. 3501.11. Each board of elections shall exercise by a	522
majority vote all powers granted to the board by Title XXXV of the	523
Revised Code, shall perform all the duties imposed by law, and	524
shall do all of the following:	525

(A) Establish, define, provide, rearrange, and combine	526
election precincts;	527

(B) Fix and provide the places for registration and for	528
holding primaries and elections;	529

(C) Provide for the purchase, preservation, and maintenance	530
of booths, ballot boxes, books, maps, flags, blanks, cards of	531
instructions, and other forms, papers, and equipment used in	532
registration, nominations, and elections;	533

(D) Appoint and remove its director, deputy director, and	534
employees and all registrars, ~~judges~~precinct election officials,	535
and other officers of elections, fill vacancies, and designate the	536
ward or district and precinct in which each shall serve;	537

(E) Make and issue rules and instructions, not inconsistent	538
with law or the rules, directives, or advisories issued by the	539
secretary of state, as it considers necessary for the guidance of	540
election officers and voters;	541

(F) Advertise and contract for the printing of all ballots	542
and other supplies used in registrations and elections;	543

(G) Provide for the issuance of all notices, advertisements,	544
and publications concerning elections, except as otherwise	545
provided in division (G) of section 3501.17 and divisions (F) and	546
(G) of section 3505.062 of the Revised Code;	547

(H) Provide for the delivery of ballots, pollbooks, and other	548
required papers and material to the polling places;	549

(I) Cause the polling places to be suitably provided with	550
voting machines, marking devices, automatic tabulating equipment,	551
stalls, and other required supplies. In fulfilling this duty, each	552
board of a county that uses voting machines, marking devices, or	553
automatic tabulating equipment shall conduct a full vote of the	554
board during a public session of the board on the allocation and	555
distribution of voting machines, marking devices, and automatic	556
tabulating equipment for each precinct in the county.	557

(J) Investigate irregularities, nonperformance of duties, or	558
violations of Title XXXV of the Revised Code by election officers	559
and other persons; administer oaths, issue subpoenas, summon	560
witnesses, and compel the production of books, papers, records,	561
and other evidence in connection with any such investigation; and	562
report the facts to the prosecuting attorney or the secretary of	563
state;	564

(K) Review, examine, and certify the sufficiency and validity	565
of petitions and nomination papers, and, after certification,	566
return to the secretary of state all petitions and nomination	567
papers that the secretary of state forwarded to the board;	568

(L) Receive the returns of elections, canvass the returns,	569
make abstracts of them, and transmit those abstracts to the proper	570
authorities;	571

(M) Issue certificates of election on forms to be prescribed	572
by the secretary of state;	573

(N) Make an annual report to the secretary of state, on the	574
form prescribed by the secretary of state, containing a statement	575
of the number of voters registered, elections held, votes cast,	576
appropriations received, expenditures made, and other data	577
required by the secretary of state;	578

(O) Prepare and submit to the proper appropriating officer a	579
budget estimating the cost of elections for the ensuing fiscal	580
year;	581

(P) Perform other duties as prescribed by law or the rules,	582
directives, or advisories of the secretary of state;	583

(Q) Investigate and determine the residence qualifications of	584
electors;	585

(R) Administer oaths in matters pertaining to the	586
administration of the election laws;	587

(S) Prepare and submit to the secretary of state, whenever	588
the secretary of state requires, a report containing the names and	589
residence addresses of all incumbent county, municipal, township,	590
and board of education officials serving in their respective	591
counties;	592

(T) Establish and maintain a voter registration database of	593
all qualified electors in the county who offer to register;	594

(U) Maintain voter registration records, make reports	595
concerning voter registration as required by the secretary of	596
state, and remove ineligible electors from voter registration	597
lists in accordance with law and directives of the secretary of	598
state;	599

(V) Give approval to ballot language for any local question	600
or issue and transmit the language to the secretary of state for	601
the secretary of state's final approval;	602

(W) Prepare and cause the following notice to be displayed in	603
a prominent location in every polling place:	604

"NOTICE	605

Ohio law prohibits any person from voting or attempting to	606
vote more than once at the same election.	607

Violators are guilty of a felony of the fourth degree and	608
shall be imprisoned and additionally may be fined in accordance	609
with law."	610

(X) In all cases of a tie vote or a disagreement in the	611
board, if no decision can be arrived at, the director or	612
chairperson shall submit the matter in controversy, not later than	613
fourteen days after the tie vote or the disagreement, to the	614
secretary of state, who shall summarily decide the question, and	615
the secretary of state's decision shall be final.	616

(Y) Assist each designated agency, deputy registrar of motor	617
vehicles, public high school and vocational school, public	618
library, and office of a county treasurer in the implementation of	619
a program for registering voters at all voter registration	620
locations as prescribed by the secretary of state. Under this	621
program, each board of elections shall direct to the appropriate	622
board of elections any voter registration applications for persons	623
residing outside the county where the board is located within five	624
days after receiving the applications.	625

(Z) On any day on which an elector may vote in person at the	626
office of the board or at another site designated by the board,	627
consider the board or other designated site a polling place for	628
that day. All requirements or prohibitions of law that apply to a	629
polling place shall apply to the office of the board or other	630
designated site on that day.	631

(AA) Perform any duties with respect to voter registration	632
and voting by uniformed services and overseas voters that are	633
delegated to the board by law or by the rules, directives, or	634
advisories of the secretary of state.	635

Sec. 3501.13. (A) The director of the board of elections	636
shall keep a full and true record of the proceedings of the board	637
and of all moneys received and expended; file and preserve in the	638
board's office all orders and records pertaining to the	639
administration of registrations, primaries, and elections; receive	640
and have the custody of all books, papers, and property belonging	641
to the board; and perform other duties in connection with the	642
office of director and the proper conduct of elections as the	643
board determines.	644

(B) Before entering upon the duties of the office, the	645
director shall subscribe to an oath that the director will support	646
the Constitution of the United States and the Ohio Constitution,	647
perform all the duties of the office to the best of the director's	648
ability, enforce the election laws, and preserve all records,	649
documents, and other property pertaining to the conduct of	650
elections placed in the director's custody.	651

(C) The director may administer oaths to persons required by	652
law to file certificates or other papers with the board, to ~~judges~~	653
~~of elections~~precinct election officials, to witnesses who are	654
called to testify before the board, and to voters filling out	655
blanks at the board's offices. Except as otherwise provided by	656
state or federal law, the records of the board and papers and	657
books filed in its office are public records and open to	658
inspection under such reasonable regulations as shall be	659
established by the board. The following notice shall be posted in	660
a prominent place at each board office:	661

"Except as otherwise provided by state or federal law,	662
records filed in this office of the board of elections are open to	663
public inspection during normal office hours, pursuant to the	664
following reasonable regulations: (the board shall here list its	665
regulations). Whoever prohibits any person from inspecting the	666
public records of this board is subject to the penalties of	667
section 3599.161 of the Revised Code."	668

(D) Upon receipt of a written declaration of intent to retire	669
as provided for in section 145.38 of the Revised Code, the	670
director shall provide a copy to each member of the board of	671
elections.	672

Sec. 3501.17. (A) The expenses of the board of elections	673
shall be paid from the county treasury, in pursuance of	674
appropriations by the board of county commissioners, in the same	675
manner as other county expenses are paid. If the board of county	676
commissioners fails to appropriate an amount sufficient to provide	677
for the necessary and proper expenses of the board of elections	678
pertaining to the conduct of elections, the board of elections may	679
apply to the court of common pleas within the county, which shall	680
fix the amount necessary to be appropriated and the amount shall	681
be appropriated. Payments shall be made upon vouchers of the board	682
of elections certified to by its chairperson or acting chairperson	683
and the director or deputy director, upon warrants of the county	684
auditor.	685

The board of elections shall not incur any obligation	686
involving the expenditure of money unless there are moneys	687
sufficient in the funds appropriated therefor to meet the	688
obligation. If the board of elections requests a transfer of funds	689
from one of its appropriation items to another, the board of	690
county commissioners shall adopt a resolution providing for the	691
transfer except as otherwise provided in section 5705.40 of the	692
Revised Code. The expenses of the board of elections shall be	693
apportioned among the county and the various subdivisions as	694
provided in this section, and the amount chargeable to each	695
subdivision shall be withheld by the county auditor from the	696
moneys payable thereto at the time of the next tax settlement. At	697
the time of submitting budget estimates in each year, the board of	698
elections shall submit to the taxing authority of each	699
subdivision, upon the request of the subdivision, an estimate of	700
the amount to be withheld from the subdivision during the next	701
fiscal year.	702

A board of township trustees may, by resolution, request that	703
the county auditor withhold expenses charged to the township from	704
a specified township fund that is to be credited with revenue at a	705
tax settlement. The resolution shall specify the tax levy ballot	706
issue, the date of the election on the levy issue, and the	707
township fund from which the expenses the board of elections	708
incurs related to that ballot issue shall be withheld.	709

(B) Except as otherwise provided in division (F) of this	710
section, the compensation of the members of the board of elections	711
and of the director, deputy director, and regular employees in the	712
board's offices, other than compensation for overtime worked; the	713
expenditures for the rental, furnishing, and equipping of the	714
office of the board and for the necessary office supplies for the	715
use of the board; the expenditures for the acquisition, repair,	716
care, and custody of the polling places, booths, guardrails, and	717
other equipment for polling places; the cost of tally sheets,	718
maps, flags, ballot boxes, and all other permanent records and	719
equipment; the cost of all elections held in and for the state and	720
county; and all other expenses of the board which are not	721
chargeable to a political subdivision in accordance with this	722
section shall be paid in the same manner as other county expenses	723
are paid.	724

(C) The compensation of ~~judges of elections~~precinct election	725
officials and intermittent employees in the board's offices; the	726
cost of renting, moving, heating, and lighting polling places and	727
of placing and removing ballot boxes and other fixtures and	728
equipment thereof, including voting machines, marking devices, and	729
automatic tabulating equipment; the cost of printing and	730
delivering ballots, cards of instructions, registration lists	731
required under section 3503.23 of the Revised Code, and other	732
election supplies, including the supplies required to comply with	733
division (H) of section 3506.01 of the Revised Code; the cost of	734
contractors engaged by the board to prepare, program, test, and	735
operate voting machines, marking devices, and automatic tabulating	736
equipment; and all other expenses of conducting primaries and	737
elections in the odd-numbered years shall be charged to the	738
subdivisions in and for which such primaries or elections are	739
held. The charge for each primary or general election in	740
odd-numbered years for each subdivision shall be determined in the	741
following manner: first, the total cost of all chargeable items	742
used in conducting such elections shall be ascertained; second,	743
the total charge shall be divided by the number of precincts	744
participating in such election, in order to fix the cost per	745
precinct; third, the cost per precinct shall be prorated by the	746
board of elections to the subdivisions conducting elections for	747
the nomination or election of offices in such precinct; fourth,	748
the total cost for each subdivision shall be determined by adding	749
the charges prorated to it in each precinct within the	750
subdivision.	751

(D) The entire cost of special elections held on a day other	752
than the day of a primary or general election, both in	753
odd-numbered or in even-numbered years, shall be charged to the	754
subdivision. Where a special election is held on the same day as a	755
primary or general election in an even-numbered year, the	756
subdivision submitting the special election shall be charged only	757
for the cost of ballots and advertising. Where a special election	758
is held on the same day as a primary or general election in an	759
odd-numbered year, the subdivision submitting the special election	760
shall be charged for the cost of ballots and advertising for such	761
special election, in addition to the charges prorated to such	762
subdivision for the election or nomination of candidates in each	763
precinct within the subdivision, as set forth in the preceding	764
paragraph.	765

(E) Where a special election is held on the day specified by	766
division (E) of section 3501.01 of the Revised Code for the	767
holding of a primary election, for the purpose of submitting to	768
the voters of the state constitutional amendments proposed by the	769
general assembly, and a subdivision conducts a special election on	770
the same day, the entire cost of the special election shall be	771
divided proportionally between the state and the subdivision based	772
upon a ratio determined by the number of issues placed on the	773
ballot by each, except as otherwise provided in division (G) of	774
this section. Such proportional division of cost shall be made	775
only to the extent funds are available for such purpose from	776
amounts appropriated by the general assembly to the secretary of	777
state. If a primary election is also being conducted in the	778
subdivision, the costs shall be apportioned as otherwise provided	779
in this section.	780

(F) When a precinct is open during a general, primary, or	781
special election solely for the purpose of submitting to the	782
voters a statewide ballot issue, the state shall bear the entire	783
cost of the election in that precinct and shall reimburse the	784
county for all expenses incurred in opening the precinct.	785

(G)(1) The state shall bear the entire cost of advertising in	786
newspapers statewide ballot issues, explanations of those issues,	787
and arguments for or against those issues, as required by Section	788
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	789
and any other section of law. Appropriations made to the	790
controlling board shall be used to reimburse the secretary of	791
state for all expenses the secretary of state incurs for such	792
advertising under division (G) of section 3505.062 of the Revised	793
Code.	794

(2) There is hereby created in the state treasury the	795
statewide ballot advertising fund. The fund shall receive	796
transfers approved by the controlling board, and shall be used by	797
the secretary of state to pay the costs of advertising state	798
ballot issues as required under division (G)(1) of this section.	799
Any such transfers may be requested from and approved by the	800
controlling board prior to placing the advertising, in order to	801
facilitate timely provision of the required advertising.	802

(H) The cost of renting, heating, and lighting registration	803
places; the cost of the necessary books, forms, and supplies for	804
the conduct of registration; and the cost of printing and posting	805
precinct registration lists shall be charged to the subdivision in	806
which such registration is held.	807

(I) At the request of a majority of the members of the board	808
of elections, the board of county commissioners may, by	809
resolution, establish an elections revenue fund. Except as	810
otherwise provided in this division, the purpose of the fund shall	811
be to accumulate revenue withheld by or paid to the county under	812
this section for the payment of any expense related to the duties	813
of the board of elections specified in section 3501.11 of the	814
Revised Code, upon approval of a majority of the members of the	815
board of elections. The fund shall not accumulate any revenue	816
withheld by or paid to the county under this section for the	817
compensation of the members of the board of elections or of the	818
director, deputy director, or other regular employees in the	819
board's offices, other than compensation for overtime worked.	820

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	821
Revised Code, the board of county commissioners may, by	822
resolution, transfer money to the elections revenue fund from any	823
other fund of the political subdivision from which such payments	824
lawfully may be made. Following an affirmative vote of a majority	825
of the members of the board of elections, the board of county	826
commissioners may, by resolution, rescind an elections revenue	827
fund established under this division. If an elections revenue fund	828
is rescinded, money that has accumulated in the fund shall be	829
transferred to the county general fund.	830

(J) As used in this section:

831

(1) "Political subdivision" and "subdivision" mean any board	832
of county commissioners, board of township trustees, legislative	833
authority of a municipal corporation, board of education, or any	834
other board, commission, district, or authority that is empowered	835
to levy taxes or permitted to receive the proceeds of a tax levy,	836
regardless of whether the entity receives tax settlement moneys as	837
described in division (A) of this section;	838

(2) "Statewide ballot issue" means any ballot issue, whether	839
proposed by the general assembly or by initiative or referendum,	840
that is submitted to the voters throughout the state.	841

Sec. 3501.22. (A) On or before the fifteenth day of	842
September in each year, the board of elections by a majority vote	843
shall, after careful examination and investigation as to their	844
qualifications, appoint for each election precinct four residents	845
of the county in which the precinct is located, as ~~judges~~precinct	846
election officials. Except as otherwise provided in division (C)	847
of this section, all ~~judges of~~precinct election officials shall	848
be qualified electors. The ~~judges~~precinct election officials	849
shall constitute the election officers of the precinct. Not more	850
than one-half of the total number of ~~judges~~precinct election	851
officials shall be members of the same political party. The term	852
of such precinct officers shall be for one year. The board may, at	853
any time, designate any number of election officers, not more than	854
one-half of whom shall be members of the same political party, to	855
perform their duties at any precinct in any election. The board	856
may appoint additional officials, equally divided between the two	857
major political parties, when necessary to expedite voting. If the	858
board of elections determines that four precinct election	859
officials are not required in a precinct for a special election,	860
the board of elections may select two of the precinct's election	861
officers, who are not members of the same political party, to	862
serve as the precinct election officials for that precinct in that	863
special election.	864

Vacancies for unexpired terms shall be filled by the board.	865
When new precincts have been created, the board shall appoint	866
~~judges~~precinct election officials for those precincts for the	867
unexpired term. Any ~~judge~~precinct election official may be	868
summarily removed from office at any time by the board for neglect	869
of duty, malfeasance, or misconduct in office or for any other	870
good and sufficient reason.	871

Precinct election officials shall perform all of the duties	872
provided by law for receiving the ballots and supplies, opening	873
and closing the polls, and overseeing the casting of ballots	874
during the time the polls are open, and any other duties required	875
by section 3501.26 of the Revised Code.	876

A board of elections may designate two precinct election	877
officials as counting officials to count and tally the votes cast	878
and certify the results of the election at each precinct, and	879
perform other duties as provided by law. To expedite the counting	880
of votes at each precinct, the board may appoint additional	881
officials, not more than one-half of whom shall be members of the	882
same political party.	883

The board shall designate one of the precinct election	884
officials who is a member of the dominant political party to serve	885
as a ~~presiding judge~~voting location manager, whose duty it is to	886
deliver the returns of the election and all supplies to the office	887
of the board. For these services, the ~~presiding judge~~voting	888
location manager shall receive additional compensation in an	889
amount, consistent with section 3501.28 of the Revised Code,	890
determined by the board of elections.	891

The board shall issue to each precinct election official a	892
certificate of appointment, which the official shall present to	893
the ~~presiding judge~~voting location manager at the time the polls	894
are opened.	895

(B) If the board of elections determines that not enough	896
qualified electors in a precinct are available to serve as	897
precinct officers, it may appoint persons to serve as precinct	898
officers at a primary, special, or general election who are at	899
least seventeen years of age and are registered to vote in	900
accordance with section 3503.07 of the Revised Code.	901

(C)(1) A board of elections, in conjunction with the board of	902
education of a city, local, or exempted village school district,	903
the governing authority of a community school established under	904
Chapter 3314. of the Revised Code, or the chief administrator of a	905
nonpublic school may establish a program permitting certain high	906
school students to apply and, if appointed by the board of	907
elections, to serve as precinct officers at a primary, special, or	908
general election.	909

In addition to the requirements established by division	910
(C)(2) of this section, a board of education, governing authority,	911
or chief administrator that establishes a program under this	912
division in conjunction with a board of elections may establish	913
additional criteria that students shall meet to be eligible to	914
participate in that program.	915

(2)(a) To be eligible to participate in a program established	916
under division (C)(1) of this section, a student shall be a United	917
States citizen, a resident of the county, at least seventeen years	918
of age, and enrolled in the senior year of high school.	919

(b) Any student applying to participate in a program	920
established under division (C)(1) of this section, as part of the	921
student's application process, shall declare the student's	922
political party affiliation with the board of elections.	923

(3) No student appointed as a precinct officer pursuant to a	924
program established under division (C)(1) of this section shall be	925
designated as a ~~presiding judge~~voting location manager.	926

(4) Any student participating in a program established under	927
division (C)(1) of this section shall be excused for that	928
student's absence from school on the day of an election at which	929
the student is serving as a precinct officer.	930

(D) In any precinct with six or more precinct officers, up to	931
two students participating in a program established under division	932
(C)(1) of this section who are under eighteen years of age may	933
serve as precinct officers. Not more than one precinct officer in	934
any given precinct with fewer than six precinct officers shall be	935
under eighteen years of age.	936

Sec. 3501.26. When the polls are closed after a primary,	937
general, or special election, the receiving officials shall, in	938
the presence of the counting officials and attending observers,	939
proceed as follows:	940

(A) Count the number of electors who voted, as shown on the	941
poll books;	942

(B) Count the unused ballots without removing stubs;

943

944

(D) Insert the totals of divisions (A), (B), and (C) of this	945
section on the report forms provided therefor in the poll books;	946

(E) Count the voted ballots. If the number of voted ballots	947
exceeds the number of voters whose names appear upon the poll	948
books, the ~~presiding judge~~voting location manager shall enter on	949
the poll books an explanation of that discrepancy, and that	950
explanation, if agreed to, shall be subscribed to by all of the	951
~~judges~~precinct election officials. Any ~~judge~~precinct official	952
having a different explanation shall enter it in the poll books	953
and subscribe to it.	954

(F) Put the unused ballots with stubs attached, and soiled	955
and defaced ballots with stubs attached, in the envelopes or	956
containers provided therefor, and certify the number.	957

The receiving officials shall deliver to and place in the	958
custody of the counting officials all the supplies provided for	959
the conduct of that election and the ballots that are to be	960
counted and tallied, and take a receipt for the same, which	961
receipt shall appear in and be a part of the poll books of such	962
precinct. Having performed their duties, the receiving officials	963
shall immediately depart.	964

Having receipted for the ballots, the counting officials	965
shall proceed to count and tally the vote as cast in the manner	966
prescribed by section 3505.27 of the Revised Code and certify the	967
result of the election to the board of elections.	968

Sec. 3501.27. (A) All ~~judges of~~precinct election officials	969
shall complete a program of instruction pursuant to division (B)	970
of this section. No person who has been convicted of a felony or	971
any violation of the election laws, who is unable to read and	972
write the English language readily, or who is a candidate for an	973
office to be voted for by the voters of the precinct in which the	974
person is to serve shall serve as an election officer. A person	975
when appointed as an election officer shall receive from the board	976
of elections a certificate of appointment that may be revoked at	977
any time by the board for good and sufficient reasons. The	978
certificate shall be in the form the board prescribes and shall	979
specify the precinct, ward, or district in and for which the	980
person to whom it is issued is appointed to serve, the date of	981
appointment, and the expiration of the person's term of service.	982

(B) Each board shall establish a program as prescribed by the	983
secretary of state for the instruction of election officers in the	984
rules, procedures, and law relating to elections. In each program,	985
the board shall use training materials prepared by the secretary	986
of state and may use additional materials prepared by or on behalf	987
of the board. The board may use the services of unpaid volunteers	988
in conducting its program and may reimburse those volunteers for	989
necessary and actual expenses incurred in participating in the	990
program.	991

The board shall train each new election officer before the	992
new officer participates in the first election in that capacity.	993
The board shall instruct election officials who have been trained	994
previously only when the board or secretary of state considers	995
that instruction necessary, but the board shall reinstruct such	996
persons, other than ~~presiding judges~~voting location managers, at	997
least once in every three years and shall reinstruct ~~presiding~~	998
~~judges~~voting location managers before the primary election in	999
even-numbered years. The board shall schedule any program of	1000
instruction within sixty days prior to the election in which the	1001
officials to be trained will participate.	1002

(C) The duties of a ~~judge of an~~precinct election official in	1003
each polling place shall be performed only by an individual who	1004
has successfully completed the requirements of the program, unless	1005
such an individual is unavailable after reasonable efforts to	1006
obtain such services.	1007

(D) The secretary of state shall establish a program for the	1008
instruction of members of boards of elections and employees of	1009
boards in the rules, procedures, and law relating to elections.	1010
Each member and employee shall complete the training program	1011
within six months after the member's or employee's original	1012
appointment or employment, and thereafter each member and employee	1013
shall complete a training program to update their knowledge once	1014
every four years or more often as determined by the secretary of	1015
state.	1016

(E) The secretary of state shall reimburse each county for	1017
the cost of programs established pursuant to division (B) of this	1018
section, once the secretary of state has received an itemized	1019
statement of expenses for such instruction programs from the	1020
county. The itemized statement shall be in a form prescribed by	1021
the secretary of state.	1022

Sec. 3501.28. (A) As used in this section:

1023

(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor	1024
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as	1025
amended.	1026

(2) "Full election day" means the period of time between the	1027
opening of the polls and the completion of the procedures	1028
contained in section 3501.26 of the Revised Code.	1029

(3) "Services" means services at each general, primary, or	1030
special election.	1031

(B) ~~Beginning with calendar year 1998, each judge of an~~	1032
~~election in a county shall be paid for the judge's services at the~~	1033
~~same hourly rate, which shall be not less than the minimum hourly~~	1034
~~rate established by the Fair Labor Standards Act and not more than~~	1035
~~eighty-five dollars per diem.~~	1036

~~(C)~~ Beginning with calendar year 2004, each ~~judge of an~~	1037
precinct election official in a county shall be paid for the	1038
~~judge's~~official's services at the same hourly rate, which shall	1039
be not less than the minimum hourly rate established by the Fair	1040
Labor Standards Act and not more than ninety-five dollars per	1041
diem.	1042

~~(D)~~(C) The secretary of state shall establish, by rule	1043
adopted under section 111.15 of the Revised Code, the maximum	1044
amount of per diem compensation that may be paid to ~~judges of an~~	1045
precinct election officials under this section each time the Fair	1046
Labor Standards Act is amended to increase the minimum hourly rate	1047
established by the act. Upon learning of such an increase, the	1048
secretary of state shall determine by what percentage the minimum	1049
hourly rate has been increased under the act and establish a new	1050
maximum amount of per diem compensation that ~~judges of an~~precinct	1051
election officials may be paid under this section that is	1052
increased by the same percentage that the minimum hourly rate has	1053
been increased under the act.	1054

~~(E)~~(D)(1)(a) No board of elections shall increase the pay of	1055
a ~~judge of an~~precinct election official under this section	1056
during a calendar year unless the board has given written notice	1057
of the proposed increase to the board of county commissioners not	1058
later than the first day of October of the preceding calendar	1059
year.	1060

(b) Except as otherwise provided in division ~~(E)~~(D)(2) of	1061
this section, a board of elections may increase the pay of a ~~judge~~	1062
~~of an~~precinct election official during a calendar year by up to,	1063
but not exceeding, nine per cent over the compensation paid to a	1064
~~judge of an~~precinct election official in the county where the	1065
board is located during the previous calendar year, if the	1066
compensation so paid during the previous calendar year was	1067
eighty-five dollars or less per diem.	1068

(c) Except as otherwise provided in division ~~(E)~~(D)(2) of	1069
this section, a board of elections may increase the pay of a ~~judge~~	1070
~~of an~~precinct election official during a calendar year by up to,	1071
but not exceeding, four and one-half per cent over the	1072
compensation paid to a ~~judge of an~~precinct election official in	1073
the county where the board is located during the previous calendar	1074
year, if the compensation so paid during the previous calendar	1075
year was more than eighty-five but less than ninety-five dollars	1076
per diem.	1077

(2) The board of county commissioners may review and comment	1078
upon a proposed increase and may enter into a written agreement	1079
with a board of elections to permit an increase in the	1080
compensation paid to ~~judges of an~~precinct election officials for	1081
their services during a calendar year that is greater than the	1082
applicable percentage limitation described in division (E)(1)(b)	1083
or (c) of this section.	1084

~~(F)~~(E) No ~~judge of an~~precinct election official who works	1085
less than the full election day shall be paid the maximum amount	1086
allowed under this section or the maximum amount as set by the	1087
board of elections, whichever is less.	1088

~~(G)~~(F)(1) Except as otherwise provided in divisions ~~(G)~~(F)(4)	1089
to (6) of this section, any employee of the state or of any	1090
political subdivision of the state may serve as a ~~judge of~~	1091
~~elections~~precinct election official on the day of an election	1092
without loss of the employee's regular compensation for that day	1093
as follows:	1094

(a) For employees of a county office, department, commission,	1095
board, or other entity, or of a court of common pleas, county	1096
court, or county-operated municipal court, as defined in section	1097
1901.03 of the Revised Code, the employee's appointing authority	1098
may permit leave with pay for this service in accordance with a	1099
resolution setting forth the terms and conditions for that leave	1100
passed by the board of county commissioners.	1101

(b) For all other employees of a political subdivision of the	1102
state, leave with pay for this service shall be subject to the	1103
terms and conditions set forth in an ordinance or a resolution	1104
passed by the legislative authority of the applicable political	1105
subdivision.	1106

(c) For state employees, leave with pay for this service	1107
shall be subject to the terms and conditions set forth by the head	1108
of the state agency, as defined in section 1.60 of the Revised	1109
Code, by which the person is employed.	1110

(2) Any terms and conditions set forth by a board of county	1111
commissioners, legislative authority of a political subdivision,	1112
or head of a state agency under division (G)(1) of this section	1113
shall include a standard procedure for deciding which employees	1114
are permitted to receive leave with pay if multiple employees of	1115
an entity or court described in division (G)(1)(a) of this	1116
section, of an entity of a political subdivision described in	1117
division (G)(1)(b) of this section, or of a state agency as	1118
defined in section 1.60 of the Revised Code apply to serve as a	1119
~~judge of elections~~precinct election official on the day of an	1120
election. This procedure shall be applied uniformly to all	1121
similarly situated employees.	1122

(3) Any employee who is eligible for leave with pay under	1123
division (G)(1) of this section shall receive, in addition to the	1124
employee's regular compensation, the compensation paid to the	1125
~~judge of an~~precinct election official under division (B),or (C),	1126
~~or (D)~~ of this section.	1127

(4) Division ~~(G)~~(F)(1) of this section does not apply to	1128
either of the following:	1129

(a) Election officials;

1130

(b) Public school teachers.

1131

(5) Nothing in division ~~(G)~~(F)(1) of this section supersedes	1132
or negates any provision of a collective bargaining agreement in	1133
effect under Chapter 4117. of the Revised Code.	1134

(6) If a board of county commissioners, legislative authority	1135
of a political subdivision, or head of a state agency fails to set	1136
forth any terms and conditions under division ~~(G)~~(F)(1) of this	1137
section, an employee of an entity or court described in division	1138
~~(G)~~(F)(1)(a) of this section, of an entity of a political	1139
subdivision described in division ~~(G)~~(F)(1)(b) of this section, or	1140
of a state agency as defined in section 1.60 of the Revised Code	1141
may use personal leave, vacation leave, or compensatory time, or	1142
take unpaid leave, to serve as a ~~judge of elections~~precinct	1143
election official on the day of an election.	1144

~~(H)~~(G) The board of elections may withhold the compensation	1145
of any precinct election official for failure to obey the	1146
instructions of the board or to comply with the law relating to	1147
the duties of ~~such~~a precinct ~~judge~~election official. Any payment	1148
a ~~judge of an~~precinct election official is entitled to receive	1149
under section 3501.36 of the Revised Code is in addition to the	1150
compensation the ~~judge~~official is entitled to receive under this	1151
section.	1152

Sec. 3501.29. (A) The board of elections shall provide for	1153
each precinct a polling place and provide adequate facilities at	1154
each polling place for conducting the election. The board shall	1155
provide a sufficient number of screened or curtained voting	1156
compartments to which electors may retire and conveniently mark	1157
their ballots, protected from the observation of others. Each	1158
voting compartment shall be provided at all times with writing	1159
implements, instructions how to vote, and other necessary	1160
conveniences for marking the ballot. The ~~presiding judge~~voting	1161
location manager shall ensure that the voting compartments at all	1162
times are adequately lighted and contain the necessary supplies.	1163
The board shall utilize, in so far as practicable, rooms in public	1164
schools and other public buildings for polling places. Upon	1165
application of the board of elections, the authority which has the	1166
control of any building or grounds supported by taxation under the	1167
laws of this state, shall make available the necessary space	1168
therein for the purpose of holding elections and adequate space	1169
for the storage of voting machines, without charge for the use	1170
thereof. A reasonable sum may be paid for necessary janitorial	1171
service. When polling places are established in private buildings,	1172
the board may pay a reasonable rental therefor, and also the cost	1173
of liability insurance covering the premises when used for	1174
election purposes, or the board may purchase a single liability	1175
policy covering the board and the owners of the premises when used	1176
for election purposes. When removable buildings are supplied by	1177
the board, they shall be constructed under the contract let to the	1178
lowest and best bidder, and the board shall observe all ordinances	1179
and regulations then in force as to safety. The board shall remove	1180
all such buildings from streets and other public places within	1181
thirty days after an election, unless another election is to be	1182
held within ninety days.	1183

(B)(1) Except as otherwise provided in this section, the	1184
board shall ensure all of the following:	1185

(a) That polling places are free of barriers that would	1186
impede ingress and egress of handicapped persons;	1187

(b) That the minimum number of special parking locations,	1188
also known as handicapped parking spaces or disability parking	1189
spaces, for handicapped persons are designated at each polling	1190
place in accordance with 28 C.F.R. Part 36, Appendix A, and in	1191
compliance with division (E) of section 4511.69 of the Revised	1192
Code.;	1193

(c) That the entrances of polling places are level or are	1194
provided with a nonskid ramp of not over eight per cent gradient;	1195

(d) That doors are a minimum of thirty-two inches wide.

1196

(2) Notwithstanding division (B)(1)(a), (c), or (d) of this	1197
section, certain polling places may be specifically exempted by	1198
the secretary of state upon certification by a board of elections	1199
that a good faith, but unsuccessful, effort has been made to	1200
modify, or change the location of, such polling places.	1201

(C) At any polling place that is exempted from compliance by	1202
the secretary of state, the board of elections shall permit any	1203
handicapped elector who travels to that elector's polling place,	1204
but who is unable to enter the polling place, to vote, with the	1205
assistance of two polling place officials of major political	1206
parties, in the vehicle that conveyed that elector to the polling	1207
place, or to receive and cast that elector's ballot at the door of	1208
the polling place.	1209

(D) The secretary of state shall:

1210

(1) Work with other state agencies to facilitate the	1211
distribution of information and technical assistance to boards of	1212
elections to meet the requirements of division (B) of this	1213
section;	1214

(2) Work with organizations that represent or provide	1215
services to handicapped, disabled, or elderly citizens to effect a	1216
wide dissemination of information about the availability of	1217
absentee voting, voting in the voter's vehicle or at the door of	1218
the polling place, or other election services to handicapped,	1219
disabled, or elderly citizens.	1220

(E) Before the day of an election, the director of the board	1221
of elections of each county shall sign a statement verifying that	1222
each polling place that will be used in that county at that	1223
election meets the requirements of division (B)(1)(b) of this	1224
section. The signed statement shall be sent to the secretary of	1225
state by certified mail or electronically.	1226

(F) As used in this section, "handicapped" means having lost	1227
the use of one or both legs, one or both arms, or any combination	1228
thereof, or being blind or so severely disabled as to be unable to	1229
move about without the aid of crutches or a wheelchair.	1230

Sec. 3501.30. (A) The board of elections shall provide for	1231
each polling place the necessary ballot ~~boxes~~box, official	1232
ballots, cards of instructions, registration forms, pollbooks or	1233
poll lists, tally sheets, forms on which to make summary	1234
statements, writing implements, paper, and all other supplies	1235
necessary for casting and counting the ballots and recording the	1236
results of the voting at the polling place. The pollbooks or poll	1237
lists shall have certificates appropriately printed on them for	1238
the signatures of all the precinct officials, by which they shall	1239
certify that, to the best of their knowledge and belief, the	1240
pollbooks or poll lists correctly show the names of all electors	1241
who voted in the polling place at the election indicated in the	1242
pollbooks or poll lists.	1243

All of the following shall be included among the supplies	1244
provided to each polling place:	1245

(1) A large map of each appropriate precinct, which shall be	1246
displayed prominently to assist persons who desire to register or	1247
vote on election day. Each map shall show all streets within the	1248
precinct and contain identifying symbols of the precinct in bold	1249
print.	1250

(2) Any materials, postings, or instructions required to	1251
comply with state or federal laws;	1252

(3) A flag of the United States approximately two and	1253
one-half feet in length along the top, which shall be displayed	1254
outside the entrance to the polling place during the time it is	1255
open for voting;	1256

(4) Two or more small flags of the United States	1257
approximately fifteen inches in length along the top, which shall	1258
be placed at a distance of one hundred feet from the polling place	1259
on the thoroughfares or walkways leading to the polling place, to	1260
mark the distance within which persons other than election	1261
officials, observers, police officers, and electors waiting to	1262
mark, marking, or casting their ballots shall not loiter,	1263
congregate, or engage in any kind of election campaigning. Where	1264
small flags cannot reasonably be placed one hundred feet from the	1265
polling place, the ~~presiding election judge~~voting location	1266
manager shall place the flags as near to one hundred feet from the	1267
entrance to the polling place as is physically possible. Police	1268
officers and all election officials shall see that this	1269
prohibition against loitering and congregating is enforced.	1270

When the period of time during which the polling place is	1271
open for voting expires, all of the flags described in this	1272
division shall be taken into the polling place and shall be	1273
returned to the board together with all other election supplies	1274
required to be delivered to the board.	1275

(B) The board of elections shall follow the instructions and	1276
advisories of the secretary of state in the production and use of	1277
polling place supplies.	1278

Sec. 3501.31. The board of elections shall mail to each	1279
precinct election official notice of the date, hours, and place of	1280
holding each election in the official's respective precinct at	1281
which it desires the official to serve. Each of such officials	1282
shall notify the board immediately upon receipt of such notice of	1283
any inability to serve.	1284

The election official designated as ~~presiding judge~~voting	1285
location manager under section 3501.22 of the Revised Code shall	1286
call at the office of the board at such time before the day of the	1287
election, not earlier than the tenth day before the day of the	1288
election, as the board designates to obtain the ballots,	1289
pollbooks, registration forms and lists, and other material to be	1290
used in the official's polling place on election day.	1291

The board may also provide for the delivery of such materials	1292
to polling places in a municipal corporation by members of the	1293
police department of such municipal corporation; or the board may	1294
provide for the delivery of such materials to the ~~presiding judge~~	1295
voting location manager not earlier than the tenth day before the	1296
election, in any manner it finds to be advisable.	1297

On election day the precinct election officials shall	1298
punctually attend the polling place one-half hour before the time	1299
fixed for opening the polls. Each of the precinct election	1300
officials shall thereupon make and subscribe to a statement which	1301
shall be as follows:	1302

"State of Ohio	1303

County of ...............	1304

I do solemnly swear under the penalty of perjury that I will	1305
support the constitution of the United States of America and the	1306
constitution of the state of Ohio and its laws; that I have not	1307
been convicted of a felony or any violation of the election laws;	1308
that I will discharge to the best of my ability the duties of	1309
~~judge of~~precinct election official in and for precinct	1310
.................... in the .................... (township) or	1311
(ward and city or village) .................... in the county of	1312
...................., in the election to be held on the ..........	1313
day of ..............., ....., as required by law and the rules	1314
and instructions of the board of elections of said county; and	1315
that I will endeavor to prevent fraud in such election, and will	1316
report immediately to said board any violations of the election	1317
laws which come to my attention, and will not disclose any	1318
information as to how any elector voted which is gained by me in	1319
the discharge of my official duties.	1320

............................................................	1321

............................................................	1322

............................................................	1323

............................................................	1324

............................................................	1325

............................................................	1326

(Signatures of precinct election officials)"	1327

If any of the other precinct election officials is absent at	1328
that time, the ~~presiding judge~~voting location manager, with the	1329
concurrence of a majority of the precinct election officials	1330
present, shall appoint a qualified elector who is a member of the	1331
same political party as the political party of which such absent	1332
precinct election official is a member to fill the vacancy until	1333
the board appoints a person to fill such vacancy and the person so	1334
appointed reports for duty at the polling place. The ~~presiding~~	1335
~~judge~~voting location manager shall promptly notify the board of	1336
such vacancy by telephone or otherwise. The ~~presiding judge~~voting	1337
location manager also shall assign the precinct election officials	1338
to their respective duties and shall have general charge of the	1339
polling place.	1340

Sec. 3501.32. (A) Except as otherwise provided in division	1341
(B) of this section, on the day of the election the polls shall be	1342
opened by proclamation by the ~~presiding judge~~voting location	1343
manager, or in ~~his~~the manager's absence by a ~~presiding judge~~	1344
voting location manager chosen by the ~~judges~~precinct election	1345
officials, at six-thirty a.m. and shall be closed by proclamation	1346
at seven-thirty p.m. unless there are voters waiting in line to	1347
cast their ballots, in which case the polls shall be kept open	1348
until such waiting voters have voted.	1349

(B) On the day of the election, any polling place located on	1350
an island not connected to the mainland by a highway or a bridge	1351
may close earlier than seven-thirty p.m. if all registered voters	1352
in the precinct have voted. When a polling place closes under	1353
division (B) of this section the ~~presiding judge~~voting location	1354
manager shall immediately notify the board of elections of the	1355
closing.	1356

Sec. 3501.33. All ~~judges of~~precinct election officials	1357
shall enforce peace and good order in and about the place of	1358
registration or election. They shall especially keep the place of	1359
access of the electors to the polling place open and unobstructed	1360
and prevent and stop any improper practices or attempts tending to	1361
obstruct, intimidate, or interfere with any elector in registering	1362
or voting. They shall protect observers against molestation and	1363
violence in the performance of their duties, and may eject from	1364
the polling place any observer for violation of any provision of	1365
Title XXXV of the Revised Code. They shall prevent riots,	1366
violence, tumult, or disorder. In the discharge of these duties,	1367
they may call upon the sheriff, police, or other peace officers to	1368
aid them in enforcing the law. They may order the arrest of any	1369
person violating Title XXXV of the Revised Code, but such an	1370
arrest shall not prevent the person from registering or voting if	1371
the person is entitled to do so. The sheriff, all constables,	1372
police officers, and other officers of the peace shall immediately	1373
obey and aid in the enforcement of any lawful order made by the	1374
precinct election officials in the enforcement of Title XXXV of	1375
the Revised Code.	1376

Sec. 3501.35. (A) During an election and the counting of the	1377
ballots, no person shall do any of the following:	1378

(1) Loiter, congregate, or engage in any kind of election	1379
campaigning within the area between the polling place and the	1380
small flags of the United States placed on the thoroughfares and	1381
walkways leading to the polling place, and if the line of electors	1382
waiting to vote extends beyond those small flags, within ten feet	1383
of any elector in that line;	1384

(2) In any manner hinder or delay an elector in reaching or	1385
leaving the place fixed for casting the elector's ballot;	1386

(3) Give, tender, or exhibit any ballot or ticket to any	1387
person other than the elector's own ballot to the ~~judge of~~	1388
precinct election officials within the area between the polling	1389
place and the small flags of the United States placed on the	1390
thoroughfares and walkways leading to the polling place, and if	1391
the line of electors waiting to vote extends beyond those small	1392
flags, within ten feet of any elector in that line;	1393

(4) Exhibit any ticket or ballot which the elector intends to	1394
cast;	1395

(5) Solicit or in any manner attempt to influence any elector	1396
in casting the elector's vote.	1397

(B) Except as otherwise provided in division (C) of section	1398
3503.23 of the Revised Code, no person who is not an election	1399
official, employee, observer, or police officer shall be allowed	1400
to enter the polling place during the election, except for the	1401
purpose of voting or assisting another person to vote as provided	1402
in section 3505.24 of the Revised Code.	1403

(C) No more electors shall be allowed to approach the voting	1404
shelves at any time than there are voting shelves provided.	1405

(D) The ~~judges of~~precinct election officials and the police	1406
officer shall strictly enforce the observance of this section.	1407

Sec. 3501.37. After each election, the ~~judges of elections~~	1408
precinct election officials of each precinct, except when the	1409
board of elections assumes the duty, shall see that the movable	1410
booths and other equipment are returned for safekeeping to the	1411
fiscal officer of the township or to the clerk or auditor of the	1412
municipal corporation in which the precinct is situated. The	1413
fiscal officer, clerk, or auditor shall have booths and equipment	1414
on hand and in place at the polling places in each precinct before	1415
the time for opening the polls on election days, and for this	1416
service the board may allow the necessary expenses incurred. In	1417
cities, this duty shall devolve on the board.	1418

Sec. 3503.02. All registrars and ~~judges of elections~~	1419
precinct election officials, in determining the residence of a	1420
person offering to register or vote, shall be governed by the	1421
following rules:	1422

(A) That place shall be considered the residence of a person	1423
in which the person's habitation is fixed and to which, whenever	1424
the person is absent, the person has the intention of returning.	1425

(B) A person shall not be considered to have lost the	1426
person's residence who leaves the person's home and goes into	1427
another state or county of this state, for temporary purposes	1428
only, with the intention of returning.	1429

(C) A person shall not be considered to have gained a	1430
residence in any county of this state into which the person comes	1431
for temporary purposes only, without the intention of making such	1432
county the permanent place of abode.	1433

(D) The place where the family of a married person resides	1434
shall be considered to be the person's place of residence; except	1435
that when the spouses have separated and live apart, the place	1436
where such a spouse resides the length of time required to entitle	1437
a person to vote shall be considered to be the spouse's place of	1438
residence.	1439

(E) If a person removes to another state with the intention	1440
of making such state the person's residence, the person shall be	1441
considered to have lost the person's residence in this state.	1442

(F) Except as otherwise provided in division (G) of this	1443
section, if a person removes from this state and continuously	1444
resides outside this state for a period of four years or more, the	1445
person shall be considered to have lost the person's residence in	1446
this state, notwithstanding the fact that the person may entertain	1447
an intention to return at some future period.	1448

(G)(1) If a person removes from this state to engage in the	1449
services of the United States government, the person shall not be	1450
considered to have lost the person's residence in this state, and	1451
likewise should the person enter the employment of the state, the	1452
place where such person resided at the time of the person's	1453
removal shall be considered to be the person's place of residence.	1454

(2) If a person removes from this state to a location outside	1455
of the United States and the person does not become a resident of	1456
another state, the person shall not be considered to have lost the	1457
person's residence in this state. The place where the person	1458
resided at the time of the person's removal shall be considered to	1459
be the person's place of residence.	1460

(3) If a person is eligible to vote in this state under	1461
division (D)(2) of section 3511.011 of the Revised Code, the place	1462
where the person's parent or legal guardian resided in this state	1463
prior to that parent or legal guardian's removal to a location	1464
outside of the United States shall be considered to be the	1465
person's place of residence.	1466

(4) If an address that is considered to be a person's place	1467
of residence under division (G) of this section ceases to be a	1468
recognized residential address, the board of elections shall	1469
assign an address to the applicable person for voting purposes.	1470

(H) If a person goes into another state and while there	1471
exercises the right of a citizen by voting, the person shall be	1472
considered to have lost the person's residence in this state.	1473

(I) If a person does not have a fixed place of habitation,	1474
but has a shelter or other location at which the person has been a	1475
consistent or regular inhabitant and to which the person has the	1476
intention of returning, that shelter or other location shall be	1477
deemed the person's residence for the purpose of registering to	1478
vote.	1479

Sec. 3503.26. (A) All registration forms and lists, when not	1480
in official use by the registrars or ~~judges of elections~~precinct	1481
election officials, shall be in the possession of the board of	1482
elections. Names and addresses of electors may be copied from the	1483
registration lists only in the office of the board when it is open	1484
for business; but no such copying shall be permitted during the	1485
period of time commencing twenty-one days before an election and	1486
ending on the eleventh day after an election if such copying will,	1487
in the opinion of the board, interfere with the necessary work of	1488
the board. The board shall keep in convenient form and available	1489
for public inspection a correct set of the registration lists of	1490
all precincts in the county.	1491

(B) Notwithstanding division (A) of this section the board of	1492
elections shall maintain and make available for public inspection	1493
and copying at a reasonable cost all records concerning the	1494
implementation of programs and activities conducted for the	1495
purpose of ensuring the accuracy and currency of voter	1496
registration lists, including the names and addresses of all	1497
registered electors sent confirmation notices and whether or not	1498
the elector responded to the confirmation notice. The board shall	1499
maintain all records described in this division for a period of	1500
two years.	1501

Sec. 3505.07. (A) If the board of elections, by a unanimous	1502
vote of its members, or if the secretary of state, in the	1503
secretary of state's sole discretion, finds it impracticable to	1504
place the names of candidates for any office of a minor political	1505
subdivision in the county or the wording of any question or issue	1506
to be voted upon in such minor political subdivision on the	1507
ballots under sections 3505.01 to 3505.09 of the Revised Code,	1508
then such board may, or at the direction of the secretary of state	1509
shall, provide separate ballots for the candidates, question, or	1510
issue.	1511

(B) If the secretary of state, in the secretary of state's	1512
sole discretion, determines that it is impracticable to place the	1513
names of candidates for any office or the wording for any question	1514
or issue to be voted upon on the ballot when the candidates,	1515
question, issue, or wording for the question or issue was ordered	1516
onto the ballot by a court of competent jurisdiction and the	1517
ballots have been printed prior to the court order, the board of	1518
elections, at the direction of the secretary of state, shall	1519
provide separate ballots for the candidates, question, or issue.	1520

(C) All separate ballots provided for in this section shall	1521
conform in quality of paper, style of printing, form of ballot,	1522
arrangement of names, and in all other ways, in so far as	1523
practicable, with the provisions relating to the printing of the	1524
general official ballot. ~~Separate ballot boxes shall be provided~~	1525
~~for each such separate kind of ballot.~~	1526

Sec. 3505.08. (A) Ballots shall be provided by the board of	1527
elections for all general and special elections. The ballots shall	1528
be printed with black ink on No. 2 white book paper fifty pounds	1529
in weight per ream assuming such ream to consist of five hundred	1530
sheets of such paper twenty-five by thirty-eight inches in size.	1531
Each ballot shall have attached at the top two stubs, each of the	1532
width of the ballot and not less than one-half inch in length,	1533
except that, if the board of elections has an alternate method to	1534
account for the ballots that the secretary of state has	1535
authorized, each ballot may have only one stub that shall be the	1536
width of the ballot and not less than one-half inch in length. In	1537
the case of ballots with two stubs, the stubs shall be separated	1538
from the ballot and from each other by perforated lines. The top	1539
stub shall be known as Stub B and shall have printed on its face	1540
"Stub B." The other stub shall be known as Stub A and shall have	1541
printed on its face "Stub A." Each stub shall also have printed on	1542
its face "Consecutive Number .........."	1543

Each ballot of each kind of ballot provided for use in each	1544
precinct shall be numbered consecutively beginning with number 1	1545
by printing such number upon both of the stubs attached to the	1546
ballot. On ballots bearing the names of candidates, each	1547
candidate's name shall be printed in twelve point boldface upper	1548
case type in an enclosed rectangular space, and an enclosed blank	1549
rectangular space shall be provided at the left of the candidate's	1550
name. The name of the political party of a candidate nominated at	1551
a primary election or certified by a party committee shall be	1552
printed in ten point lightface upper and lower case type and shall	1553
be separated by a two point blank space. The name of each	1554
candidate shall be indented one space within the enclosed	1555
rectangular space, and the name of the political party shall be	1556
indented two spaces within the enclosed rectangular space.	1557

The title of each office on the ballots shall be printed in	1558
twelve point boldface upper and lower case type in a separate	1559
enclosed rectangular space. A four point rule shall separate the	1560
name of a candidate or a group of candidates for the same office	1561
from the title of the office next appearing below on the ballot; a	1562
two point rule shall separate the title of the office from the	1563
names of candidates; and a one point rule shall separate names of	1564
candidates. Headings shall be printed in display Roman type. When	1565
the names of several candidates are grouped together as candidates	1566
for the same office, there shall be printed on the ballots	1567
immediately below the title of the office and within the separate	1568
rectangular space in which the title is printed "Vote for not more	1569
than ........," in six point boldface upper and lower case filling	1570
the blank space with that number which will indicate the number of	1571
persons who may be lawfully elected to the office.	1572

Columns on ballots shall be separated from each other by a	1573
heavy vertical border or solid line at least one-eighth of an inch	1574
wide, and a similar vertical border or line shall enclose the left	1575
and right side of ballots. Ballots shall be trimmed along the	1576
sides close to such lines.	1577

The ballots provided for by this section shall be comprised	1578
of four kinds of ballots designated as follows: office type	1579
ballot; nonpartisan ballot; questions and issues ballot; and	1580
presidential ballot.	1581

On the back of each office type ballot shall be printed	1582
"Official Office Type Ballot;" on the back of each nonpartisan	1583
ballot shall be printed "Official Nonpartisan Ballot;" on the back	1584
of each questions and issues ballot shall be printed "Official	1585
Questions and Issues Ballot;" and on the back of each presidential	1586
ballot shall be printed "Official Presidential Ballot." OnAt the	1587
~~back~~end of every ballot also shall be printed the date of the	1588
election at which the ballot is used and the facsimile signatures	1589
of the members of the board of the county in which the ballot is	1590
used. For the purpose of identifying the kind of ballot, the back	1591
of every ballot may be numbered in the order the board shall	1592
determine. The numbers shall be printed in not less than	1593
thirty-six point type above the words "Official Office Type	1594
Ballot," "Official Nonpartisan Ballot," "Official Questions and	1595
Issues Ballot," or "Official Presidential Ballot," as the case may	1596
be. ~~Ballot boxes~~A ballot box bearing corresponding numbers shall	1597
be furnished for each precinct in which the above-described	1598
numbered ballots are used.	1599

On the back of every ballot used, there shall be a solid	1600
black line printed opposite the blank rectangular space that is	1601
used to mark the choice of the voter. This line shall be printed	1602
wide enough so that the mark in the blank rectangular space will	1603
not be visible from the back side of the ballot.	1604

Sample ballots may be printed by the board of elections for	1605
all general elections. The ballots shall be printed on colored	1606
paper, and "Sample Ballot" shall be plainly printed in boldface	1607
type on the face of each ballot. In counties of less than one	1608
hundred thousand population, the board may print not more than	1609
five hundred sample ballots; in all other counties, it may print	1610
not more than one thousand sample ballots. The sample ballots	1611
shall not be distributed by a political party or a candidate, nor	1612
shall a political party or candidate cause their title or name to	1613
be imprinted on sample ballots.	1614

(B) Notwithstanding division (A) of this section, in	1615
approving the form of an official ballot, the secretary of state	1616
may authorize the use of fonts, type face settings, and ballot	1617
formats other than those prescribed in that division.	1618

Sec. 3505.16. Before the opening of the polls, the package	1619
of supplies and the ballot ~~boxes~~box shall be opened in the	1620
presence of the precinct officials. The ballot ~~boxes~~box, the	1621
package of ballots, registration forms, and other supplies shall	1622
at all times be in full sight of the observers, and no ballot box	1623
or unused ballots during the balloting or counting shall be	1624
removed or screened from their full sight until the counting has	1625
been closed and the final returns completed and the certificate	1626
signed by the judges.	1627

Sec. 3505.17. If by accident or casualty the ballots or	1628
other required papers, lists, or supplies are lost or destroyed,	1629
or in case none are delivered at the polling place, or if during	1630
the time the polls are open additional ballots or supplies are	1631
required, the board of elections, upon requisition by telephone or	1632
in writing and signed by a majority of the precinct election	1633
~~judges~~officials of the precinct stating why such additional	1634
supplies are needed, shall supply them as speedily as possible.	1635

Sec. 3505.18. (A)(1) When an elector appears in a polling	1636
place to vote, the elector shall announce to the precinct election	1637
officials the elector's full name and current address and provide	1638
proof of the elector's identity in the form of a current and valid	1639
photo identification, a military identification, or a copy of a	1640
current utility bill, bank statement, government check, paycheck,	1641
or other government document, other than a notice of an election	1642
mailed by a board of elections under section 3501.19 of the	1643
Revised Code or a notice of voter registration mailed by a board	1644
of elections under section 3503.19 of the Revised Code, that shows	1645
the name and current address of the elector. If the elector	1646
provides either a driver's license or a state identification card	1647
issued under section 4507.50 of the Revised Code that does not	1648
contain the elector's current residence address, the elector shall	1649
provide the last four digits of the elector's driver's license	1650
number or state identification card number, and the precinct	1651
election official shall mark the poll list or signature pollbook	1652
to indicate that the elector has provided a driver's license or	1653
state identification card number with a former address and record	1654
the last four digits of the elector's driver's license number or	1655
state identification card number.	1656

(2) If an elector has but is unable to provide to the	1657
precinct election officials any of the forms of identification	1658
required under division (A)(1) of this section, but has a social	1659
security number, the elector may provide the last four digits of	1660
the elector's social security number. Upon providing the social	1661
security number information, the elector may cast a provisional	1662
ballot under section 3505.181 of the Revised Code, the envelope of	1663
which ballot shall include that social security number	1664
information.	1665

(3) If an elector has but is unable to provide to the	1666
precinct election officials any of the forms of identification	1667
required under division (A)(1) of this section and if the elector	1668
has a social security number but is unable to provide the last	1669
four digits of the elector's social security number, the elector	1670
may cast a provisional ballot under section 3505.181 of the	1671
Revised Code.	1672

(4) If an elector does not have any of the forms of	1673
identification required under division (A)(1) of this section and	1674
cannot provide the last four digits of the elector's social	1675
security number because the elector does not have a social	1676
security number, the elector may execute an affirmation under	1677
penalty of election falsification that the elector cannot provide	1678
the identification required under that division or the last four	1679
digits of the elector's social security number for those reasons.	1680
Upon signing the affirmation, the elector may cast a provisional	1681
ballot under section 3505.181 of the Revised Code. The secretary	1682
of state shall prescribe the form of the affirmation, which shall	1683
include spaces for all of the following:	1684

(a) The elector's name;

1685

(b) The elector's address;

1686

1687

(d) The elector's date of birth;

1688

(e) The elector's signature.

1689

(5) If an elector does not have any of the forms of	1690
identification required under division (A)(1) of this section and	1691
cannot provide the last four digits of the elector's social	1692
security number because the elector does not have a social	1693
security number, and if the elector declines to execute an	1694
affirmation under division (A)(4) of this section, the elector may	1695
cast a provisional ballot under section 3505.181 of the Revised	1696
Code, the envelope of which ballot shall include the elector's	1697
name.	1698

(6) If an elector has but declines to provide to the precinct	1699
election officials any of the forms of identification required	1700
under division (A)(1) of this section or the elector has a social	1701
security number but declines to provide to the precinct election	1702
officials the last four digits of the elector's social security	1703
number, the elector may cast a provisional ballot under section	1704
3505.181 of the Revised Code.	1705

(B) After the elector has announced the elector's full name	1706
and current address and provided any of the forms of	1707
identification required under division (A)(1) of this section, the	1708
elector shall write the elector's name and address at the proper	1709
place in the poll list or signature pollbook provided for the	1710
purpose, except that if, for any reason, an elector is unable to	1711
write the elector's name and current address in the poll list or	1712
signature pollbook, the elector may make the elector's mark at the	1713
place intended for the elector's name, and a precinct election	1714
official shall write the name of the elector at the proper place	1715
on the poll list or signature pollbook following the elector's	1716
mark. The making of such a mark shall be attested by the precinct	1717
election official, who shall evidence the same by signing the	1718
precinct election official's name on the poll list or signature	1719
pollbook as a witness to the mark. Alternatively, if applicable,	1720
an attorney in fact acting pursuant to section 3501.382 of the	1721
Revised Code may sign the elector's signature in the poll list or	1722
signature pollbook in accordance with that section.	1723

The elector's signature in the poll list or signature	1724
pollbook then shall be compared with the elector's signature on	1725
the elector's registration form or a digitized signature list as	1726
provided for in section 3503.13 of the Revised Code, and if, in	1727
the opinion of a majority of the precinct election officials, the	1728
signatures are the signatures of the same person, the election	1729
officials shall enter the date of the election on the registration	1730
form or shall record the date by other means prescribed by the	1731
secretary of state. The validity of an attorney in fact's	1732
signature on behalf of an elector shall be determined in	1733
accordance with section 3501.382 of the Revised Code.	1734

If the right of the elector to vote is not then challenged,	1735
or, if being challenged, the elector establishes the elector's	1736
right to vote, the elector shall be allowed to proceed to use the	1737
voting machine. If voting machines are not being used in that	1738
precinct, the ~~judge~~precinct election official in charge of	1739
ballots shall then detach the next ballots to be issued to the	1740
elector from Stub B attached to each ballot, leaving Stub A	1741
attached to each ballot, hand the ballots to the elector, and call	1742
the elector's name and the stub number on each of the ballots. The	1743
~~judge~~precinct election official shall enter the stub numbers	1744
opposite the signature of the elector in the pollbook. The elector	1745
shall then retire to one of the voting compartments to mark the	1746
elector's ballots. No mark shall be made on any ballot which would	1747
in any way enable any person to identify the person who voted the	1748
ballot.	1749

Sec. 3505.20. Any person offering to vote may be challenged	1750
at the polling place by any ~~judge of elections~~precinct election	1751
official. If the board of elections has ruled on the question	1752
presented by a challenge prior to election day, its finding and	1753
decision shall be final, and the ~~presiding judge~~voting location	1754
manager shall be notified in writing. If the board has not ruled,	1755
the question shall be determined as set forth in this section. If	1756
any person is so challenged as unqualified to vote, the ~~presiding~~	1757
~~judge~~voting location manager shall tender the person the	1758
following oath: "You do swear or affirm under penalty of election	1759
falsification that you will fully and truly answer all of the	1760
following questions put to you concerning your qualifications as	1761
an elector at this election."	1762

(A) If the person is challenged as unqualified on the ground	1763
that the person is not a citizen, the ~~judges~~precinct election	1764
officials shall put the following questions:	1765

(1) Are you a citizen of the United States?

1766

(2) Are you a native or naturalized citizen?

1767

(3) Where were you born?

1768

(4) What official documentation do you possess to prove your	1769
citizenship? Please provide that documentation.	1770

If the person offering to vote claims to be a naturalized	1771
citizen of the United States, the person shall, before the vote is	1772
received, produce for inspection of the ~~judges~~precinct election	1773
officials a certificate of naturalization and declare under oath	1774
that the person is the identical person named in the certificate.	1775
If the person states under oath that, by reason of the	1776
naturalization of the person's parents or one of them, the person	1777
has become a citizen of the United States, and when or where the	1778
person's parents were naturalized, the certificate of	1779
naturalization need not be produced. If the person is unable to	1780
provide a certificate of naturalization on the day of the	1781
election, the ~~judges~~precinct election officials shall provide to	1782
the person, and the person may vote, a provisional ballot under	1783
section 3505.181 of the Revised Code. The provisional ballot shall	1784
not be counted unless it is properly completed and the board of	1785
elections determines that the voter is properly registered and	1786
eligible to vote in the election.	1787

(B) If the person is challenged as unqualified on the ground	1788
that the person has not resided in this state for thirty days	1789
immediately preceding the election, the ~~judges~~precinct election	1790
officials shall put the following questions:	1791

(1) Have you resided in this state for thirty days	1792
immediately preceding this election? If so, where have you	1793
resided?	1794

(2) Did you properly register to vote?

1795

(3) Can you provide some form of identification containing	1796
your current mailing address in this precinct? Please provide that	1797
identification.	1798

(4) Have you voted or attempted to vote at any other location	1799
in this or in any other state at this election?	1800

(5) Have you applied for an absent voter's ballot in any	1801
state for this election?	1802

If the ~~judges~~precinct election officials are unable to	1803
verify the person's eligibility to cast a ballot in the election,	1804
the ~~judges~~precinct election officials shall provide to the	1805
person, and the person may vote, a provisional ballot under	1806
section 3505.181 of the Revised Code. The provisional ballot shall	1807
not be counted unless it is properly completed and the board of	1808
elections determines that the voter is properly registered and	1809
eligible to vote in the election.	1810

(C) If the person is challenged as unqualified on the ground	1811
that the person is not a resident of the precinct where the person	1812
offers to vote, the ~~judges~~precinct election officials shall put	1813
the following questions:	1814

(1) Do you reside in this precinct?

1815

(2) When did you move into this precinct?

1816

(3) When you came into this precinct, did you come for a	1817
temporary purpose merely or for the purpose of making it your	1818
home?	1819

(4) What is your current mailing address?

1820

(5) Do you have some official identification containing your	1821
current address in this precinct? Please provide that	1822
identification.	1823

(6) Have you voted or attempted to vote at any other location	1824
in this or in any other state at this election?	1825

(7) Have you applied for any absent voter's ballot in any	1826
state for this election?	1827

The ~~judges~~precinct election officials shall direct an	1828
individual who is not in the appropriate polling place to the	1829
appropriate polling place. If the individual refuses to go to the	1830
appropriate polling place, or if the ~~judges~~precinct election	1831
officials are unable to verify the person's eligibility to cast a	1832
ballot in the election, the ~~judges~~precinct election officials	1833
shall provide to the person, and the person may vote, a	1834
provisional ballot under section 3505.181 of the Revised Code. The	1835
provisional ballot shall not be counted unless it is properly	1836
completed and the board of elections determines that the voter is	1837
properly registered and eligible to vote in the election.	1838

(D) If the person is challenged as unqualified on the ground	1839
that the person is not of legal voting age, the ~~judges~~precinct	1840
election officials shall put the following questions:	1841

(1) Are you eighteen years of age or more?

1842

(2) What is your date of birth?

1843

(3) Do you have some official identification verifying your	1844
age? Please provide that identification.	1845

If the ~~judges~~precinct election officials are unable to	1846
verify the person's age and eligibility to cast a ballot in the	1847
election, the ~~judges~~precinct election officials shall provide to	1848
the person, and the person may vote, a provisional ballot under	1849
section 3505.181 of the Revised Code. The provisional ballot shall	1850
not be counted unless it is properly completed and the board of	1851
elections determines that the voter is properly registered and	1852
eligible to vote in the election.	1853

The ~~presiding judge~~voting location manager shall put such	1854
other questions to the person challenged as are necessary to	1855
determine the person's qualifications as an elector at the	1856
election. If a person challenged refuses to answer fully any	1857
question put to the person, is unable to answer the questions as	1858
they were answered on the registration form by the person under	1859
whose name the person offers to vote, or refuses to sign the	1860
person's name or make the person's mark, or if for any other	1861
reason a majority of the ~~judges~~precinct election officials	1862
believes the person is not entitled to vote, the ~~judges~~precinct	1863
election officials shall provide to the person, and the person may	1864
vote, a provisional ballot under section 3505.181 of the Revised	1865
Code. The provisional ballot shall not be counted unless it is	1866
properly completed and the board of elections determines that the	1867
voter is properly registered and eligible to vote in the election.	1868

A qualified citizen who has certified the citizen's intention	1869
to vote for president and vice-president as provided by Chapter	1870
3504. of the Revised Code shall be eligible to receive only the	1871
ballot containing presidential and vice-presidential candidates.	1872

However, prior to the nineteenth day before the day of an	1873
election and in accordance with section 3503.24 of the Revised	1874
Code, any person qualified to vote may challenge the right of any	1875
other person to be registered as a voter, or the right to cast an	1876
absent voter's ballot, or to make application for such ballot.	1877
Such challenge shall be made in accordance with section 3503.24 of	1878
the Revised Code, and the board of elections of the county in	1879
which the voting residence of the challenged voter is situated	1880
shall make a final determination relative to the legality of such	1881
registration or application.	1882

Sec. 3505.21. (A) As used in this section, "during the	1883
casting of the ballots" includes any time during which a board of	1884
elections permits an elector to vote an absent voter's ballot in	1885
person at the office of the board and any time ballots may be cast	1886
in a precinct polling place on the day of an election.	1887

(B) At any primary, special, or general election, any	1888
political party supporting candidates to be voted upon at such	1889
election and any group of five or more candidates may appoint to	1890
the board of elections or to any of the precincts in the county or	1891
city one person, a qualified elector, who shall serve as observer	1892
for such party or such candidates during the casting of the	1893
ballots and during the counting of the ballots; provided that	1894
separate observers may be appointed to serve during the casting	1895
and during the counting of the ballots. No candidate, no uniformed	1896
peace officer as defined by section 2935.01 of the Revised Code,	1897
no uniformed state highway patrol trooper, no uniformed member of	1898
any fire department, no uniformed member of the armed services, no	1899
uniformed member of the organized militia, no person wearing any	1900
other uniform, and no person carrying a firearm or other deadly	1901
weapon shall serve as an observer, nor shall any candidate be	1902
represented by more than one observer at any one precinct or at	1903
the board of elections except that a candidate who is a member of	1904
a party controlling committee, as defined in section 3517.03 of	1905
the Revised Code, may serve as an observer. ~~Any~~	1906

(C) Any political party or group of candidates appointing	1907
observers shall notify the board of elections of the names and	1908
addresses of its appointees and the precincts at which they shall	1909
serve or that they will serve at the board of elections.	1910
Notification of observers appointed to serve on the day of an	1911
election shall take place not less than eleven days before the day	1912
of the election on forms prescribed by the secretary of state and	1913
may be amended by filing an amendment with the board of elections	1914
at any time until four p.m. of the day before the election.	1915
Notification of observers appointed to serve at the office of the	1916
board during the time absent voter's ballots may be cast in person	1917
shall take place not less than eleven days before absent voter's	1918
ballots are required to be ready for use pursuant to section	1919
3509.01 of the Revised Code on forms prescribed by the secretary	1920
of state and may be amended by filing an amendment with the board	1921
of elections at any time until four p.m. of the day before the	1922
observer is appointed to serve. The observer serving on behalf of	1923
a political party shall be appointed in writing by the chairperson	1924
and secretary of the respective controlling party committee.	1925
Observers serving for any five or more candidates shall have their	1926
certificates signed by those candidates. Observers appointed to a	1927
precinct may file their certificates of appointment with the	1928
~~presiding judge~~voting location manager of the precinct at the	1929
meeting on the evening prior to the election, or with the	1930
~~presiding judge~~voting location manager of the precinct on the day	1931
of the election. ~~Upon~~Observers appointed to the office of the	1932
board to observe the casting of absent voter's ballots in person	1933
prior to the day of the election may file their certificates with	1934
the director of the board of elections the day before or on the	1935
day that the observers are scheduled to serve at the office of the	1936
board.	1937

Upon the filing of a certificate, the person named as	1938
observer in the certificate shall be permitted to be in and about	1939
the applicable polling place ~~for the precinct~~ during the casting	1940
of the ballots and shall be permitted to watch every proceeding of	1941
the ~~judges of elections~~precinct election officials from the	1942
time of the opening until the closing of the polls. The observer	1943
also may inspect the counting of all ballots in the polling place	1944
or board of elections from the time of the closing of the polls	1945
until the counting is completed and the final returns are	1946
certified and signed. Observers appointed to serve at the board of	1947
elections on the day of an election under this section may observe	1948
at the board of elections and may observe at any precinct in the	1949
county. The ~~judges of elections~~precinct election officials shall	1950
protect such observers in all of the rights and privileges granted	1951
to them by Title XXXV of the Revised Code.	1952

(D) No persons other than the ~~judges of elections~~precinct	1953
election officials, the observers, a police officer, other persons	1954
who are detailed to any precinct on request of the board of	1955
elections, or the secretary of state or the secretary of state's	1956
legal representative shall be admitted to the polling place, or	1957
any room in which a board of elections is counting ballots, after	1958
the closing of the polls until the counting, certifying, and	1959
signing of the final returns of each election have been completed.	1960

(E) Not later than four p.m. of the twentieth day prior to an	1961
election at which questions are to be submitted to a vote of the	1962
people, any committee that in good faith advocates or opposes a	1963
measure may file a petition with the board of any county asking	1964
that the petitioners be recognized as the committee entitled to	1965
appoint observers to the count at the election. If more than one	1966
committee alleging themselves to advocate or oppose the same	1967
measure file such a petition, the board shall decide and announce	1968
by registered mail to each committee not less than twelve days	1969
immediately preceding the election which committee is recognized	1970
as being entitled to appoint observers. The decision shall not be	1971
final, but any aggrieved party may institute mandamus proceedings	1972
in the court of common pleas of the county in which the board has	1973
jurisdiction to compel the ~~judges of elections~~precinct election	1974
officials to accept the appointees of such aggrieved party. Any	1975
such recognized committee may appoint an observer to the count in	1976
each precinct. Committees appointing observers shall notify the	1977
board of elections of the names and addresses of its appointees	1978
and the precincts at which they shall serve. Notification shall	1979
take place not less than eleven days before the election on forms	1980
prescribed by the secretary of state and may be amended by filing	1981
an amendment with the board of elections at any time until four	1982
p.m. on the day before the election. A person so appointed shall	1983
file the person's certificate of appointment with the ~~presiding~~	1984
~~judge~~voting location manager in the precinct in which the person	1985
has been appointed to serve. Observers shall file their	1986
certificates before the polls are closed. In no case shall more	1987
than six observers be appointed for any one election in any one	1988
precinct. If more than three questions are to be voted on, the	1989
committees which have appointed observers may agree upon not to	1990
exceed six observers, and the ~~judges of elections~~precinct	1991
election officials shall appoint such observers. If such	1992
committees fail to agree, the ~~judges of elections~~precinct	1993
election officials shall appoint six observers from the appointees	1994
so certified, in such manner that each side of the several	1995
questions shall be represented.	1996

(F) No person shall serve as an observer at any precinct or	1997
at the board of elections unless the board of elections of the	1998
county in which such observer is to serve has first been notified	1999
of the name, address, and ~~precinct~~location at which such observer	2000
is to serve. Notification to the board of elections shall be given	2001
by the political party, group of candidates, or committee	2002
appointing such observer as prescribed in this section. No such	2003
observers shall receive any compensation from the county,	2004
municipal corporation, or township, and they shall take the	2005
following oath, to be administered by one of the ~~judges of~~	2006
~~elections~~precinct election officials:	2007

"You do solemnly swear that you will faithfully and	2008
impartially discharge the duties as an official observer, assigned	2009
by law; that you will not cause any delay to persons offering to	2010
vote; and that you will not disclose or communicate to any person	2011
how any elector has voted at such election."	2012

Sec. 3505.23. No voter shall be allowed to occupy a voting	2013
compartment or use a voting machine more than five minutes when	2014
all the voting compartments or machines are in use and voters are	2015
waiting to occupy them. Except as otherwise provided by section	2016
3505.24 of the Revised Code, no voter shall occupy a voting	2017
compartment or machine with another person or speak to anyone, nor	2018
shall anyone speak to the voter, while the voter is in a voting	2019
compartment or machine.	2020

In precincts that do not use voting machines the following	2021
procedure shall be followed:	2022

If a voter tears, soils, defaces, or erroneously marks a	2023
ballot the voter may return it to the precinct election officials	2024
and a second ballot shall be issued to the voter. Before returning	2025
a torn, soiled, defaced, or erroneously marked ballot, the voter	2026
shall fold it so as to conceal any marks the voter made upon it,	2027
but the voter shall not remove Stub A therefrom. If the voter	2028
tears, soils, defaces, or erroneously marks such second ballot,	2029
the voter may return it to the precinct election officials, and a	2030
third ballot shall be issued to the voter. In no case shall more	2031
than three ballots be issued to a voter. Upon receiving a returned	2032
torn, soiled, defaced, or erroneously marked ballot the precinct	2033
election officials shall detach Stub A therefrom, write "Defaced"	2034
on the back of such ballot, and place the stub and the ballot in	2035
the separate containers provided therefor.	2036

No elector shall leave the polling place until the elector	2037
returns to the precinct election officials every ballot issued to	2038
the elector with Stub A on each ballot attached thereto,	2039
regardless of whether the elector has or has not placed any marks	2040
upon the ballot.	2041

Before leaving the voting compartment, the voter shall fold	2042
each ballot marked by the voter so that no part of the face of the	2043
ballot is visible, and so that the printing thereon indicating the	2044
kind of ballot it is and the facsimile signatures of the members	2045
of the board of elections are visible. The voter shall then leave	2046
the voting compartment, deliver the voter's ballots, and state the	2047
voter's name to the ~~judge~~precinct election official having charge	2048
of the ballot ~~boxes~~box, who shall announce the name, detach Stub	2049
A from each ballot, and announce the number on the stubs. The	2050
~~judges~~precinct election officials in charge of the poll lists or	2051
poll books shall check to ascertain whether the number so	2052
announced is the number on Stub B of the ballots issued to such	2053
voter, and if no discrepancy appears to exist, the ~~judge~~precinct	2054
election official in charge of the ballot ~~boxes~~box shall, in the	2055
presence of the voter, deposit each such ballot in the ~~proper~~	2056
ballot box and shall place Stub A from each ballot in the	2057
container provided therefor. The voter shall then immediately	2058
leave the polling place.	2059

No ballot delivered by a voter to the ~~judge~~precinct election	2060
official in charge of the ballot ~~boxes~~box with Stub A detached	2061
therefrom, and only ballots provided in accordance with Title XXXV	2062
of the Revised Code, shall be voted or deposited in the ballot	2063
~~boxes~~box.	2064

In marking a presidential ballot, the voter shall record the	2065
vote in the manner provided on the ballot next to the names of the	2066
candidates for the offices of president and vice-president. Such	2067
ballot shall be considered and counted as a vote for each of the	2068
candidates for election as presidential elector whose names were	2069
certified to the secretary of state by the political party of such	2070
nominees for president and vice-president.	2071

In marking an office type ballot or nonpartisan ballot, the	2072
voter shall record the vote in the manner provided on the ballot	2073
next to the name of each candidate for whom the voter desires to	2074
vote.	2075

In marking a primary election ballot, the voter shall record	2076
the vote in the manner provided on the ballot next to the name of	2077
each candidate for whom the voter desires to vote. If the voter	2078
desires to vote for the nomination of a person whose name is not	2079
printed on the primary election ballot, the voter may do so by	2080
writing such person's name on the ballot in the proper place	2081
provided for such purpose.	2082

In marking a questions and issues ballot, the voter shall	2083
record the vote in the manner provided on the ballot at the left	2084
or at the right of "YES" or "NO" or other words of similar import	2085
which are printed on the ballot to enable the voter to indicate	2086
how the voter votes in connection with each question or issue upon	2087
which the voter desires to vote.	2088

In marking any ballot on which a blank space has been	2089
provided wherein an elector may write in the name of a person for	2090
whom the elector desires to vote, the elector shall write such	2091
person's name in such blank space and on no other place on the	2092
ballot. Unless specific provision is made by statute, no blank	2093
space shall be provided on a ballot for write-in votes, and any	2094
names written on a ballot other than in a blank space provided	2095
therefor shall not be counted or recorded.	2096

Sec. 3505.24. Any elector who declares to the ~~presiding~~	2097
~~judge of elections~~voting location manager that the elector is	2098
unable to mark the elector's ballot by reason of blindness,	2099
disability, or illiteracy may be accompanied in the voting booth	2100
and aided by any person of the elector's choice, other than the	2101
elector's employer, an agent of the elector's employer, or an	2102
officer or agent of the elector's union, if any. The elector also	2103
may request and receive assistance in the marking of the elector's	2104
ballot from two election officials of different political parties.	2105
Any person providing assistance in the marking of an elector's	2106
ballot under this section shall thereafter provide no information	2107
in regard to the marking of that ballot.	2108

Any ~~judge~~precinct election official may require a	2109
declaration of inability to be made by the elector under oath	2110
before the ~~judge~~official. Assistance shall not be rendered for	2111
causes other than those specified in this section, and no	2112
candidate whose name appears on the ballot shall assist any person	2113
in marking that person's ballot.	2114

Sec. 3505.26. At the time for closing the polls, the	2115
~~presiding judge~~voting location manager shall by proclamation	2116
announce that the polls are closed.	2117

The ~~judges~~precinct election officials shall then in the	2118
presence of observers proceed as follows:	2119

(A) Count the number of electors who voted, as shown on the	2120
pollbooks;	2121

(B) Count the unused ballots without removing stubs;

2122

2123

(D) Insert the totals of (A), (B), and (C) on the report	2124
forms provided therefor in the pollbook;	2125

(E) Count the voted ballots. If the number of voted ballots	2126
exceeds the number of voters whose names appear upon the	2127
pollbooks, the ~~presiding judge~~voting location manager shall enter	2128
on the pollbooks an explanation of that discrepancy, and that	2129
explanation, if agreed to, shall be subscribed to by all of the	2130
~~judges~~precinct election officials. Any ~~judge~~precinct official	2131
having a different explanation shall enter it in the pollbooks and	2132
subscribe to it.	2133

(F) Put the unused ballots with stubs attached, and soiled	2134
and defaced ballots with stubs attached, in the envelopes or	2135
containers provided therefor, certify the number, and then proceed	2136
to count and tally the votes in the manner prescribed by section	2137
3505.27 of the Revised Code and certify the result of the election	2138
to the board of elections.	2139

Sec. 3505.28. (A)(1) No ballot shall be counted which is	2140
marked contrary to law, except that no ballot shall be rejected	2141
for any technical error unless it is impossible to determine the	2142
voter's choice. If	2143

(2) A ballot is marked contrary to law and does not contain a	2144
technical error if the voter marks more selections for a	2145
particular office, question, or issue than the number of	2146
selections that the voter is allowed by law to make for that	2147
office, question, or issue.	2148

(3) Except as otherwise provided in this division, a voter	2149
makes more selections for a particular office than the voter is	2150
allowed by law to make for that office if the voter marks the	2151
ballot for a candidate and also writes in the name of a candidate	2152
as a write-in vote. If either of the following apply, then the	2153
ballot is not marked contrary to law and the ballot shall be	2154
counted:	2155

(a)(i) The voter marks the ballot for a candidate and writes	2156
in the same candidate's name;	2157

(ii) The ballots are counted at a central location using	2158
automatic tabulating equipment; and	2159

(iii) At least three members of the board of elections agree	2160
that the candidate's name, as it appears on the ballot, and the	2161
name of the candidate written in by the voter identify the same	2162
candidate.	2163

(b) The voter did not make more selections for a particular	2164
office, question, or issue than the number of selections that the	2165
voter is allowed by law to make.	2166

(4) If the voter makes more selections for a particular	2167
office, question, or issue than the number of selections that the	2168
voter is allowed by law to make, the voter's ballot shall be	2169
invalidated for that office, question, or issue, but shall not be	2170
invalidated for any other office, question, or issue for which the	2171
voter has not marked an excess number of selections.	2172

(B) If two or more ballots are found folded together among	2173
the ballots removed from a ballot box, they shall be deemed to be	2174
fraudulent. Such ballots shall not be counted. They shall be	2175
marked "Fraudulent" and shall be placed in an envelope indorsed	2176
"Not Counted" with the reasons therefor, and such envelope shall	2177
be delivered to the board of elections together with other	2178
uncounted ballots.	2179

(C) No ballot shall be rejected because of being marked with	2180
ink or by any writing instrument other than one of the pencils	2181
provided by the board of elections.	2182

Sec. 3505.29. From the time the ballot box is opened and the	2183
count of ballots begun until the ballots are counted and	2184
certificates of votes cast are made out, signed, certified and	2185
given to the ~~presiding judge~~voting location manager for delivery	2186
to the headquarters of the board of elections, the ~~judges~~precinct	2187
election officials in each precinct shall not separate, nor shall	2188
a ~~judge~~precinct election official leave the polling place except	2189
from unavoidable necessity. In cases of illness or unavoidable	2190
necessity, the board may substitute another qualified person for	2191
any precinct official so incapacitated.	2192

Sec. 3505.30. When the results of the ballots have been	2193
ascertained, such results shall be embodied in a summary statement	2194
to be prepared by the ~~judges~~precinct election officials in	2195
duplicate, on forms provided by the board of elections. One copy	2196
shall be certified by the ~~judges~~precinct election officials and	2197
posted on the front of the polling place, and one copy, similarly	2198
certified, shall be transmitted without delay to the board in a	2199
sealed envelope along with the other returns of the election. The	2200
board shall, immediately upon receipt of such summary statements,	2201
compile and prepare an unofficial count and upon its completion	2202
shall transmit prepaid, immediately by telephone, facsimile	2203
machine, or other telecommunications device, the results of such	2204
unofficial count to the secretary of state, or to the board of the	2205
most populous county of the district which is authorized to	2206
canvass the returns. Such count, in no event, shall be made later	2207
than twelve noon on the day following the election. The board	2208
shall also, at the same time, certify the results thereof to the	2209
secretary of state by certified mail. The board shall remain in	2210
session from the time of the opening of the polls, continuously,	2211
until the results of the election are received from every precinct	2212
in the county and such results are communicated to the secretary	2213
of state.	2214

Sec. 3505.31. When the results of the voting in a polling	2215
place on the day of an election have been determined and entered	2216
upon the proper forms and the certifications of those results have	2217
been signed by the precinct officials, those officials, before	2218
leaving the polling place, shall place all ballots that they have	2219
counted in containers provided for that purpose by the board of	2220
elections, and shall seal each container in a manner that it	2221
cannot be opened without breaking the seal or the material of	2222
which the container is made. They shall also seal the pollbook,	2223
poll list or signature pollbook, and tally sheet in a manner that	2224
the data contained in these items cannot be seen without breaking	2225
the seals. On the outside of these items shall be a plain	2226
indication that they are to be filed with the board. The ~~presiding~~	2227
~~judge~~voting location manager and an employee or appointee of the	2228
board of elections who has taken an oath to uphold the laws and	2229
constitution of this state, including an oath that the person will	2230
promptly and securely perform the duties required under this	2231
section and who is a member of a different political party than	2232
the ~~presiding judge~~voting location manager, shall then deliver to	2233
the board the containers of ballots and the sealed pollbook, poll	2234
list, and tally sheet, together with all other election reports,	2235
materials, and supplies required to be delivered to the board.	2236

The board shall carefully preserve all ballots prepared and	2237
provided by it for use in an election, whether used or unused, for	2238
sixty days after the day of the election, except that, if an	2239
election includes the nomination or election of candidates for any	2240
of the offices of president, vice-president, presidential elector,	2241
member of the senate of the congress of the United States, or	2242
member of the house of representatives of the congress of the	2243
United States, the board shall carefully preserve all ballots	2244
prepared and provided by it for use in that election, whether used	2245
or unused, for twenty-two months after the day of the election. If	2246
an election is held within that sixty-day period, the board shall	2247
have authority to transfer those ballots to other containers to	2248
preserve them until the sixty-day period has expired. After that	2249
sixty-day period, the ballots shall be disposed of by the board in	2250
a manner that the board orders, or where voting machines have been	2251
used the counters may be turned back to zero; provided that the	2252
secretary of state, within that sixty-day period, may order the	2253
board to preserve the ballots or any part of the ballots for a	2254
longer period of time, in which event the board shall preserve	2255
those ballots for that longer period of time.	2256

In counties where voting machines are used, if an election is	2257
to be held within the sixty days immediately following a primary,	2258
general, or special election or within any period of time within	2259
which the ballots have been ordered preserved by the secretary of	2260
state or a court of competent jurisdiction, the board, after	2261
giving notice to all interested parties and affording them an	2262
opportunity to have a representative present, shall open the	2263
compartments of the machines and, without unlocking the machines,	2264
shall recanvass the vote cast in them as if a recount were being	2265
held. The results shall be certified by the board, and this	2266
certification shall be filed in the board's office and retained	2267
for the remainder of the period for which ballots must be kept.	2268
After preparation of the certificate, the counters may be turned	2269
back to zero, and the machines may be used for the election.	2270

The board shall carefully preserve the pollbook, poll list or	2271
signature pollbook, and tally sheet delivered to it from each	2272
polling place until it has completed the official canvass of the	2273
election returns from all precincts in which electors were	2274
entitled to vote at an election, and has prepared and certified	2275
the abstracts of election returns, as required by law. The board	2276
shall not break, or permit anyone to break, the seals upon the	2277
pollbook, poll list or signature pollbook, and tally sheet, or	2278
make, or permit any one to make, any changes or notations in these	2279
items, while they are in its custody, except as provided by	2280
section 3505.32 of the Revised Code.	2281

Pollbooks and poll lists or signature pollbooks of a party	2282
primary election delivered to the board from polling places shall	2283
be carefully preserved by it for two years after the day of	2284
election in which they were used, and shall then be disposed of by	2285
the board in a manner that the board orders.	2286

Pollbooks, poll lists or signature pollbooks, tally sheets,	2287
summary statements, and other records and returns of an election	2288
delivered to it from polling places shall be carefully preserved	2289
by the board for two years after the day of the election in which	2290
they were used, and shall then be disposed of by the board in a	2291
manner that the board orders.	2292

Sec. 3506.021. (A) A board of elections may adopt the use of	2293
any electronic pollbook that has been certified for use in this	2294
state in accordance with section 3506.05 of the Revised Code,	2295
instead of using poll lists or signature pollbooks. A board of	2296
elections that opts to use electronic pollbooks shall notify the	2297
secretary of state of that decision.	2298

(B) The secretary of state shall provide each board of	2299
elections that adopts the use of electronic pollbooks under	2300
division (A) of this section with rules, instructions, directives,	2301
and advisories regarding the examination, testing, and use of	2302
electronic pollbooks, including rules regarding the sealing of the	2303
information in those pollbooks as required under section 3505.31	2304
of the Revised Code.	2305

(C) As used in this section, "electronic pollbook" has the	2306
same meaning as in section 3506.05 of the Revised Code.	2307

Sec. 3506.05. (A) As used in this section~~, except~~:

2308

(1) "Electronic pollbook" means an electronic list of	2309
registered voters for a particular precinct or polling location	2310
that may be transported to a polling location.	2311

(2) Except when used as part of the phrase "tabulating	2312
equipment" or "automatic tabulating equipment,":	2313

~~(1) "Equipment"~~"equipment" means a voting machine, marking	2314
device, automatic tabulating equipment, or software, or an	2315
electronic pollbook.	2316

~~(2)~~(3) "Vendor" means the person that owns, manufactures,	2317
distributes, or has the legal right to control the use of	2318
equipment, or the person's agent.	2319

(B) No voting machine, marking device, automatic tabulating	2320
equipment, or software for the purpose of casting or tabulating	2321
votes or for communications among systems involved in the	2322
tabulation, storage, or casting of votes, and no electronic	2323
pollbook, shall be purchased, leased, put in use, or continued to	2324
be used, except for experimental use as provided in division (B)	2325
of section 3506.04 of the Revised Code, unless it, a manual of	2326
procedures governing its use, and training materials, service, and	2327
other support arrangements have been certified by the secretary of	2328
state and unless the board of elections of each county where the	2329
equipment will be used has assured that a demonstration of the use	2330
of the equipment has been made available to all interested	2331
electors. The secretary of state shall appoint a board of voting	2332
machine examiners to examine and approve equipment and its related	2333
manuals and support arrangements. The board shall consist of four	2334
members, who shall be appointed as follows:	2335

(1) Two members appointed by the secretary of state.

2336

(2) One member appointed by either the speaker of the house	2337
of representatives or the minority leader of the house of	2338
representatives, whichever is a member of the opposite political	2339
party from the one to which the secretary of state belongs.	2340

(3) One member appointed by either the president of the	2341
senate or the minority leader of the senate, whichever is a member	2342
of the opposite political party from the one to which the	2343
secretary of state belongs.	2344

In all cases of a tie vote or a disagreement in the board, if	2345
no decision can be arrived at, the board shall submit the matter	2346
in controversy to the secretary of state, who shall summarily	2347
decide the question, and the secretary of state's decision shall	2348
be final. Each member of the board shall be a competent and	2349
experienced election officer or a person who is knowledgeable	2350
about the operation of voting equipment and shall serve during the	2351
secretary of state's term. Any vacancy on the board shall be	2352
filled in the same manner as the original appointment. The	2353
secretary of state shall provide staffing assistance to the board,	2354
at the board's request.	2355

For the member's service, each member of the board shall	2356
receive three hundred dollars per day for each combination of	2357
marking device, tabulating equipment, ~~and~~ voting machine, or	2358
electronic pollbook examined and reported, but in no event shall a	2359
member receive more than six hundred dollars to examine and report	2360
on any one marking device, item of tabulating equipment, or voting	2361
machine, or electronic pollbook. Each member of the board shall be	2362
reimbursed for expenses the member incurs during an examination or	2363
during the performance of any related duties that may be required	2364
by the secretary of state. Reimbursement of these expenses shall	2365
be made in accordance with, and shall not exceed, the rates	2366
provided for under section 126.31 of the Revised Code.	2367

Neither the secretary of state nor the board, nor any public	2368
officer who participates in the authorization, examination,	2369
testing, or purchase of equipment, shall have any pecuniary	2370
interest in the equipment or any affiliation with the vendor.	2371

(C)(1) A vendor who desires to have the secretary of state	2372
certify equipment shall first submit the equipment, all current	2373
related procedural manuals, and a current description of all	2374
related support arrangements to the board of voting machine	2375
examiners for examination, testing, and approval. The submission	2376
shall be accompanied by a fee of two thousand four hundred dollars	2377
and a detailed explanation of the construction and method of	2378
operation of the equipment, a full statement of its advantages,	2379
and a list of the patents and copyrights used in operations	2380
essential to the processes of vote recording and tabulating, vote	2381
storage, system security, pollbook storage and security, and other	2382
crucial operations of the equipment as may be determined by the	2383
board. An additional fee, in an amount to be set by rules	2384
promulgated by the board, may be imposed to pay for the costs of	2385
alternative testing or testing by persons other than board	2386
members, record-keeping, and other extraordinary costs incurred in	2387
the examination process. Moneys not used shall be returned to the	2388
person or entity submitting the equipment for examination.	2389

(2) Fees collected by the secretary of state under this	2390
section shall be deposited into the state treasury to the credit	2391
of the board of voting machine examiners fund, which is hereby	2392
created. All moneys credited to this fund shall be used solely for	2393
the purpose of paying for the services and expenses of each member	2394
of the board or for other expenses incurred relating to the	2395
examination, testing, reporting, or certification of ~~voting~~	2396
~~machine devices~~equipment, the performance of any related duties	2397
as required by the secretary of state, or the reimbursement of any	2398
person submitting an examination fee as provided in this chapter.	2399

(D) Within sixty days after the submission of the equipment	2400
and payment of the fee, or as soon thereafter as is reasonably	2401
practicable, but in any event within not more than ninety days	2402
after the submission and payment, the board of voting machine	2403
examiners shall examine the equipment and file with the secretary	2404
of state a written report on the equipment with its	2405
recommendations and, if applicable, its determination or condition	2406
of approval regarding whether the equipment, manual, and other	2407
related materials or arrangements meet the criteria set forth in	2408
sections 3506.07 and 3506.10 of the Revised Code and can be safely	2409
used by the voters at elections under the conditions prescribed in	2410
Title XXXV of the Revised Code, or a written statement of reasons	2411
for which testing requires a longer period. The board may grant	2412
temporary approval for the purpose of allowing experimental use of	2413
equipment. If the board finds that the equipment meets ~~the~~any	2414
applicable criteria set forth in sections 3506.06, 3506.07, and	2415
3506.10 of the Revised Code, can be used safely and, if	2416
applicable, can be depended upon to record and count accurately	2417
and continuously the votes of electors, and has the capacity to be	2418
warranted, maintained, and serviced, it shall approve the	2419
equipment and recommend that the secretary of state certify the	2420
equipment. The secretary of state shall notify all boards of	2421
elections of any such certification. Equipment of the same model	2422
and make, if it ~~provides for recording of voter intent, system~~	2423
~~security, voter privacy, retention of vote, and communication of~~	2424
~~voting records~~operates in an identical manner, may then be	2425
adopted for use at elections.	2426

(E) The vendor shall notify the secretary of state, who shall	2427
then notify the board of voting machine examiners, of any	2428
enhancement and any significant adjustment to the hardware or	2429
software that could result in a patent or copyright change or that	2430
significantly alters the methods of recording voter intent, system	2431
security, voter privacy, retention of the vote, communication of	2432
~~voting~~ records, and connections between the system and other	2433
systems. The vendor shall provide the secretary of state with an	2434
updated operations manual for the equipment, and the secretary of	2435
state shall forward the manual to the board. Upon receiving such a	2436
notification and manual, the board may require the vendor to	2437
submit the equipment to an examination and test in order for the	2438
equipment to remain certified. The board or the secretary of state	2439
shall periodically examine, test, and inspect certified equipment	2440
to determine continued compliance with the requirements of this	2441
chapter and the initial certification. Any examination, test, or	2442
inspection conducted for the purpose of continuing certification	2443
of any equipment in which a significant problem has been uncovered	2444
or in which a record of continuing problems exists shall be	2445
performed pursuant to divisions (C) and (D) of this section, in	2446
the same manner as the examination, test, or inspection is	2447
performed for initial approval and certification.	2448

(F) If, at any time after the certification of equipment, the	2449
board of voting machine examiners or the secretary of state is	2450
notified by a board of elections of any significant problem with	2451
the equipment or determines that the equipment fails to meet the	2452
requirements necessary for approval or continued compliance with	2453
the requirements of this chapter, or if the board of voting	2454
machine examiners determines that there are significant	2455
enhancements or adjustments to the hardware or software, or if	2456
notice of such enhancements or adjustments has not been given as	2457
required by division (E) of this section, the secretary of state	2458
shall notify the users and vendors of that equipment that	2459
certification of the equipment may be withdrawn.	2460

(G)(1) The notice given by the secretary of state under	2461
division (F) of this section shall be in writing and shall specify	2462
both of the following:	2463

(a) The reasons why the certification may be withdrawn;

2464

(b) The date on which certification will be withdrawn unless	2465
the vendor takes satisfactory corrective measures or explains why	2466
there are no problems with the equipment or why the enhancements	2467
or adjustments to the equipment are not significant.	2468

(2) A vendor who receives a notice under division (F) of this	2469
section shall, within thirty days after receiving it, submit to	2470
the board of voting machine examiners in writing a description of	2471
the corrective measures taken and the date on which they were	2472
taken, or the explanation required under division (G)(1)(b) of	2473
this section.	2474

(3) Not later than fifteen days after receiving a written	2475
description or explanation under division (G)(2) of this section	2476
from a vendor, the board shall determine whether the corrective	2477
measures taken or the explanation is satisfactory to allow	2478
continued certification of the equipment, and the secretary of	2479
state shall send the vendor a written notice of the board's	2480
determination, specifying the reasons for it. If the board has	2481
determined that the measures taken or the explanation given is	2482
unsatisfactory, the notice shall include the effective date of	2483
withdrawal of the certification. This date may be different from	2484
the date originally specified in division (G)(1)(b) of this	2485
section.	2486

(4) A vendor who receives a notice under division (G)(3) of	2487
this section indicating a decision to withdraw certification may,	2488
within thirty days after receiving it, request in writing that the	2489
board hold a hearing to reconsider its decision. Any interested	2490
party shall be given the opportunity to submit testimony or	2491
documentation in support of or in opposition to the board's	2492
recommendation to withdraw certification. Failure of the vendor to	2493
take appropriate steps as described in division (G)(1)(b) or to	2494
comply with division (G)(2) of this section results in a waiver of	2495
the vendor's rights under division (G)(4) of this section.	2496

(H)(1) The secretary of state, in consultation with the board	2497
of voting machine examiners, shall establish, by rule, guidelines	2498
for the approval, certification, and continued certification of	2499
the voting machines, marking devices, ~~and~~ tabulating equipment,	2500
and electronic pollbooks to be used under Title XXXV of the	2501
Revised Code. The guidelines shall establish procedures requiring	2502
vendors or computer software developers to place in escrow with an	2503
independent escrow agent approved by the secretary of state a copy	2504
of all source code and related documentation, together with	2505
periodic updates as they become known or available. The secretary	2506
of state shall require that the documentation include a system	2507
configuration and that the source code include all relevant	2508
program statements in low- or high-level languages. As used in	2509
this division, "source code" does not include variable codes	2510
created for specific elections.	2511

(2) Nothing in any rule adopted under division (H) of this	2512
section shall be construed to limit the ability of the secretary	2513
of state to follow or adopt, or to preclude the secretary of state	2514
from following or adopting, any guidelines proposed by the federal	2515
election commission, any entity authorized by the federal election	2516
commission to propose guidelines, the election assistance	2517
commission, or any entity authorized by the election assistance	2518
commission to propose guidelines.	2519

(3)(a) Before the initial certification of any direct	2520
recording electronic voting machine with a voter verified paper	2521
audit trail, and as a condition for the continued certification	2522
and use of those machines, the secretary of state shall establish,	2523
by rule, standards for the certification of those machines. Those	2524
standards shall include, but are not limited to, all of the	2525
following:	2526

(i) A definition of a voter verified paper audit trail as a	2527
paper record of the voter's choices that is verified by the voter	2528
prior to the casting of the voter's ballot and that is securely	2529
retained by the board of elections;	2530

(ii) Requirements that the voter verified paper audit trail	2531
shall not be retained by any voter and shall not contain	2532
individual voter information;	2533

(iii) A prohibition against the production by any direct	2534
recording electronic voting machine of anything that legally could	2535
be removed by the voter from the polling place, such as a receipt	2536
or voter confirmation;	2537

(iv) A requirement that paper used in producing a voter	2538
verified paper audit trail be sturdy, clean, and resistant to	2539
degradation;	2540

(v) A requirement that the voter verified paper audit trail	2541
shall be capable of being optically scanned for the purpose of	2542
conducting a recount or other audit of the voting machine and	2543
shall be readable in a manner that makes the voter's ballot	2544
choices obvious to the voter without the use of computer or	2545
electronic codes;	2546

(vi) A requirement, for office-type ballots, that the voter	2547
verified paper audit trail include the name of each candidate	2548
selected by the voter;	2549

(vii) A requirement, for questions and issues ballots, that	2550
the voter verified paper audit trail include the title of the	2551
question or issue, the name of the entity that placed the question	2552
or issue on the ballot, and the voter's ballot selection on that	2553
question or issue, but not the entire text of the question or	2554
issue.	2555

(b) The secretary of state, by rule adopted under Chapter	2556
119. of the Revised Code, may waive the requirement under division	2557
(H)(3)(a)(v) of this section, if the secretary of state determines	2558
that the requirement is cost prohibitive.	2559

(4)(a) Except as otherwise provided in division (H)(4)(c) of	2560
this section, any voting machine, marking device, or automatic	2561
tabulating equipment initially certified or acquired on or after	2562
December 1, 2008, shall have the most recent federal certification	2563
number issued by the election assistance commission.	2564

(b) Any voting machine, marking device, or automatic	2565
tabulating equipment certified for use in this state on September	2566
12, 2008, shall meet, as a condition of continued certification	2567
and use, the voting system standards adopted by the federal	2568
election commission in 2002.	2569

(c) A county that acquires additional voting machines,	2570
marking devices, or automatic tabulating equipment on or after	2571
December 1, 2008, shall not be considered to have acquired those	2572
machines, devices, or equipment on or after December 1, 2008, for	2573
the purpose of division (H)(4)(a) of this section if all of the	2574
following apply:	2575

(i) The voting machines, marking devices, or automatic	2576
tabulating equipment acquired are the same as the machines,	2577
devices, or equipment currently used in that county.	2578

(ii) The acquisition of the voting machines, marking devices,	2579
or automatic tabulating equipment does not replace or change the	2580
primary voting system used in that county.	2581

(iii) The acquisition of the voting machines, marking	2582
devices, or automatic tabulating equipment is for the purpose of	2583
replacing inoperable machines, devices, or equipment or for the	2584
purpose providing additional machines, devices, or equipment	2585
required to meet the allocation requirements established pursuant	2586
to division (I) of section 3501.11 of the Revised Code.	2587

Sec. 3506.12. In counties where marking devices, automatic	2588
tabulating equipment, voting machines, or any combination of these	2589
are in use or are to be used, the board of elections:	2590

(A) May combine, rearrange, and enlarge precincts; but the	2591
board shall arrange for a sufficient number of these devices to	2592
accommodate the number of electors in each precinct as determined	2593
by the number of votes cast in that precinct at the most recent	2594
election for the office of governor, taking into consideration the	2595
size and location of each selected polling place, available	2596
parking, handicap accessibility and other accessibility to the	2597
polling place, and the number of candidates and issues to be voted	2598
on. Notwithstanding section 3501.22 of the Revised Code, the board	2599
may appoint more than four precinct officers to each precinct if	2600
this is made necessary by the number of voting machines to be used	2601
in that precinct.	2602

(B) Except as otherwise provided in this division, shall	2603
establish one or more counting stations to receive voted ballots	2604
and other precinct election supplies after the polling precincts	2605
are closed. Those stations shall be under the supervision and	2606
direction of the board of elections. Processing and counting of	2607
voted ballots, and the preparation of summary sheets, shall be	2608
done in the presence of observers approved by the board. A	2609
certified copy of the summary sheet for the precinct shall be	2610
posted at each counting station immediately after completion of	2611
the summary sheet.	2612

~~In counties where punch card ballots are used, one or more~~	2613
~~counting stations, located at the board of elections, shall be~~	2614
~~established, at which location all punch card ballots shall be~~	2615
~~counted.~~	2616

~~As used in this division, "punch card ballot" has the same~~	2617
~~meaning as in section 3506.16 of the Revised Code.~~	2618

Sec. 3506.15. The secretary of state shall provide each	2619
board of elections with rules, instructions, directives, and	2620
advisories regarding the examination, testing, and use of the	2621
voting machine and tabulating equipment, the assignment of duties	2622
of booth officials, the procedure for casting a vote on the	2623
machine, and how the vote shall be tallied and reported to the	2624
board, and with other rules, instructions, directives, and	2625
advisories the secretary of state finds necessary to ensure the	2626
adequate care and custody of voting equipment, and the accurate	2627
registering, counting, and canvassing of the votes as required by	2628
this chapter. The boards of elections shall be charged with the	2629
responsibility of providing for the adequate instruction of voters	2630
and election officials in the proper use of the voting machine and	2631
marking devices. ~~The boards' instructions shall include, in~~	2632
~~counties where punch card ballots are used, instructions that each~~	2633
~~voter shall examine the voter's marked ballot card and remove any~~	2634
~~chads that remain partially attached to it before returning it to~~	2635
~~election officials.~~	2636

The secretary of state's rules, instructions, directives, and	2637
advisories provided under this section shall comply, insofar as	2638
practicable, with this chapter. The provisions of Title XXXV of	2639
the Revised Code, not inconsistent with the provisions relating to	2640
voting machines, apply in any county using a voting machine.	2641

~~As used in this section, "chad" and "punch card ballot" have~~	2642
~~the same meanings as in section 3506.16 of the Revised Code.~~	2643

Sec. 3509.01. (A) The board of elections of each county shall	2644
provide absent voter's ballots for use at every primary and	2645
general election, or special election to be held on the day	2646
specified by division (E) of section 3501.01 of the Revised Code	2647
for the holding of a primary election, designated by the general	2648
assembly for the purpose of submitting constitutional amendments	2649
proposed by the general assembly to the voters of the state. Those	2650
ballots shall be the same size, shall be printed on the same kind	2651
of paper, and shall be in the same form as has been approved for	2652
use at the election for which those ballots are to be voted;	2653
except that, in counties using marking devices, ballot cards may	2654
be used for absent voter's ballots, and those absent voters shall	2655
be instructed to record the vote in the manner provided on the	2656
ballot cards. ~~In counties where punch card ballots are used, those~~	2657
~~absent voters shall be instructed to examine their marked ballot~~	2658
~~cards and to remove any chads that remain partially attached to~~	2659
~~them before returning them to election officials.~~	2660

(B) The rotation of names of candidates and questions and	2661
issues shall be substantially complied with on absent voter's	2662
ballots, within the limitation of time allotted. Those ballots	2663
shall be designated as "Absent Voter's Ballots." Except as	2664
otherwise provided in division (D) of this section, those ballots	2665
shall be printed and ready for use as follows:	2666

(1) For overseas voters and absent uniformed services voters	2667
eligible to vote under the Uniformed and Overseas Citizens	2668
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	2669
1973ff, et seq., as amended, ballots shall be printed and ready	2670
for use on the forty-fifth day before the day of the election.	2671

(2) For all other voters who are applying to vote absent	2672
voter's ballots, ballots shall be printed and ready for use on the	2673
thirty-fifth day before the day of the election.	2674

(C) Absent voter's ballots provided for use at a general or	2675
primary election, or special election to be held on the day	2676
specified by division (E) of section 3501.01 of the Revised Code	2677
for the holding of a primary election, designated by the general	2678
assembly for the purpose of submitting constitutional amendments	2679
proposed by the general assembly to the voters of the state, shall	2680
include only those questions, issues, and candidacies that have	2681
been lawfully ordered submitted to the electors voting at that	2682
election.	2683

(D) If the laws governing the holding of a special election	2684
on a day other than the day on which a primary or general election	2685
is held make it impossible for absent voter's ballots to be	2686
printed and ready for use by the deadlines established in division	2687
(B) of this section, absent voter's ballots for those special	2688
elections shall be ready for use as many days before the day of	2689
the election as reasonably possible under the laws governing the	2690
holding of that special election.	2691

(E) A copy of the absent voter's ballots shall be forwarded	2692
by the director of the board in each county to the secretary of	2693
state at least twenty-five days before the election.	2694

~~(F) As used in this section, "chad" and "punch card ballot"~~	2695
~~have the same meanings as in section 3506.16 of the Revised Code.~~	2696

Sec. 3509.06. (A) The board of elections shall determine	2697
whether absent voter's ballots shall be counted in each precinct,	2698
at the office of the board, or at some other location designated	2699
by the board, and shall proceed accordingly under division (B) or	2700
(C) of this section.	2701

(B) When the board of elections determines that absent	2702
voter's ballots shall be counted in each precinct, the director	2703
shall deliver to the ~~presiding judge~~voting location manager of	2704
each precinct on election day identification envelopes purporting	2705
to contain absent voter's ballots of electors whose voting	2706
residence appears from the statement of voter on the outside of	2707
each of those envelopes, to be located in ~~such presiding judge's~~	2708
that manager's precinct, and which were received by the director	2709
not later than the close of the polls on election day. The	2710
director shall deliver to ~~such presiding judge~~the voting location	2711
manager a list containing the name and voting residence of each	2712
person whose voting residence is in such precinct to whom absent	2713
voter's ballots were mailed.	2714

(C) When the board of elections determines that absent	2715
voter's ballots shall be counted at the office of the board of	2716
elections or at another location designated by the board, special	2717
election ~~judges~~officials shall be appointed by the board for that	2718
purpose having the same authority as is exercised by precinct	2719
~~judges~~election officials. The votes so cast shall be added to the	2720
vote totals by the board, and the absent voter's ballots shall be	2721
preserved separately by the board, in the same manner and for the	2722
same length of time as provided by section 3505.31 of the Revised	2723
Code.	2724

(D) Each of the identification envelopes purporting to	2725
contain absent voter's ballots delivered to the ~~presiding judge~~	2726
voting location manager of the precinct or the special ~~judge~~	2727
election official appointed by the board of elections shall be	2728
handled as follows: The election officials shall compare the	2729
signature of the elector on the outside of the identification	2730
envelope with the signature of that elector on the elector's	2731
registration form and verify that the absent voter's ballot is	2732
eligible to be counted under section 3509.07 of the Revised Code.	2733
Any of the precinct officials may challenge the right of the	2734
elector named on the identification envelope to vote the absent	2735
voter's ballots upon the ground that the signature on the envelope	2736
is not the same as the signature on the registration form, or upon	2737
any other of the grounds upon which the right of persons to vote	2738
may be lawfully challenged. If no such challenge is made, or if	2739
such a challenge is made and not sustained, the ~~presiding judge~~	2740
voting location manager shall open the envelope without defacing	2741
the statement of voter and without mutilating the ballots in it,	2742
and shall remove the ballots contained in it and proceed to count	2743
them.	2744

The name of each person voting who is entitled to vote only	2745
an absent voter's presidential ballot shall be entered in a	2746
pollbook or poll list or signature pollbook followed by the words	2747
"Absentee Presidential Ballot." The name of each person voting an	2748
absent voter's ballot, other than such persons entitled to vote	2749
only a presidential ballot, shall be entered in the pollbook or	2750
poll list or signature pollbook and the person's registration card	2751
marked to indicate that the person has voted.	2752

The date of such election shall also be entered on the	2753
elector's registration form. If any such challenge is made and	2754
sustained, the identification envelope of such elector shall not	2755
be opened, shall be endorsed "Not Counted" with the reasons the	2756
ballots were not counted, and shall be delivered to the board.	2757

(E) Special election ~~judges~~officials, employees or members	2758
of the board of elections, or observers shall not disclose the	2759
count or any portion of the count of absent voter's ballots prior	2760
to the time of the closing of the polling places. No person shall	2761
recklessly disclose the count or any portion of the count of	2762
absent voter's ballots in such a manner as to jeopardize the	2763
secrecy of any individual ballot.	2764

(F) Observers may be appointed under section 3505.21 of the	2765
Revised Code to witness the examination and opening of	2766
identification envelopes and the counting of absent voters'	2767
ballots under this section.	2768

Sec. 3513.131. In the event two or more persons with	2769
identical surnames run for the same office in a primary election	2770
on the same ballot, the names of the candidates shall be	2771
differentiated on the ballot by varying combinations of first and	2772
middle names and initials. Within twenty-four hours after the	2773
final date for filing declarations of candidacy or petitions for	2774
candidacy, the director of the board of elections for local,	2775
municipal, county, general, or special elections, or the director	2776
of the board of elections of the most populous county for	2777
district, general, or special elections, or the secretary of state	2778
for state-wide general and special elections shall notify the	2779
persons with identical given names and surnames that the names of	2780
such persons will be differentiated on the ballot. If one of the	2781
candidates is an incumbent who is a candidate to succeed ~~himself~~	2782
self for the office hethe incumbent occupies, hethe incumbent	2783
shall have first choice of the name by which hethe incumbent is	2784
designated on the ballot. If an incumbent does not make a choice	2785
within two days after notification or if none of the candidates is	2786
an incumbent, the board of elections within three days after	2787
notification shall designate the names by which the candidates are	2788
identified on the ballot. In case of a district candidate the	2789
board of elections in the most populous county shall make the	2790
determination. In case of state-wide candidates, or in the case	2791
any board of elections fails to make a designation within three	2792
days after notification, the secretary of state shall immediately	2793
make the determination.	2794

"Notification" as required by this section shall be by the	2795
director of the board of elections or secretary of state by	2796
~~special delivery or telegram~~certified mail at the candidate's	2797
address listed in ~~his~~the candidate's declaration or petition of	2798
candidacy.	2799

Sec. 3513.18. Party primaries shall be held at the same	2800
place and time, but there shall be separate pollbooks,and tally	2801
sheets~~, and ballot boxes~~ provided at each polling place for each	2802
party participating in the election~~, and the ballot of each voter~~	2803
~~shall be placed in the ballot box of the party with which he is~~	2804
~~affiliated~~. ~~Each ballot box shall be plainly marked with the name~~	2805
~~of the political party whose ballots are to be placed therein, by~~	2806
~~letters pasted or printed thereon or by a card attached thereto,~~	2807
~~or both, and so placed that the designation may be easily seen and~~	2808
~~read by the voter.~~	2809

If a special election on a question or issue is held on the	2810
day of a primary election, there shall be provided in the	2811
pollbooks pages on which shall be recorded the names of all	2812
electors voting on said question or issue and not voting in such	2813
primary. It shall not be necessary for electors desiring to vote	2814
only on the question or issue to declare their political	2815
affiliation.	2816

Sec. 3513.19. (A) It is the duty of any ~~judge of elections~~	2817
precinct election official, whenever any ~~judge of elections~~such	2818
official doubts that a person attempting to vote at a primary	2819
election is legally entitled to vote at that election, to	2820
challenge the right of that person to vote. The right of a person	2821
to vote at a primary election may be challenged upon the following	2822
grounds:	2823

(1) That the person whose right to vote is challenged is not	2824
a legally qualified elector;	2825

(2) That the person has received or has been promised some	2826
valuable reward or consideration for the person's vote;	2827

(3) That the person is not affiliated with or is not a member	2828
of the political party whose ballot the person desires to vote.	2829
Such party affiliation shall be determined by examining the	2830
elector's voting record for the current year and the immediately	2831
preceding two calendar years as shown on the voter's registration	2832
card, using the standards of affiliation specified in the seventh	2833
paragraph of section 3513.05 of the Revised Code. Division (A)(3)	2834
of this section and the seventh paragraph of section 3513.05 of	2835
the Revised Code do not prohibit a person who holds an elective	2836
office for which candidates are nominated at a party primary	2837
election from doing any of the following:	2838

(a) If the person voted as a member of a different political	2839
party at any primary election within the current year and the	2840
immediately preceding two calendar years, being a candidate for	2841
nomination at a party primary held during the times specified in	2842
division (C)(2) of section 3513.191 of the Revised Code provided	2843
that the person complies with the requirements of that section;	2844

(b) Circulating the person's own petition of candidacy for	2845
party nomination in the primary election.	2846

(B) When the right of a person to vote is challenged upon the	2847
ground set forth in division (A)(3) of this section, membership in	2848
or political affiliation with a political party shall be	2849
determined by the person's statement, made under penalty of	2850
election falsification, that the person desires to be affiliated	2851
with and supports the principles of the political party whose	2852
primary ballot the person desires to vote.	2853

Sec. 3513.21. At the close of the polls in a primary	2854
election, the ~~judges of~~precinct election officials shall proceed	2855
without delay to canvass the vote, sign and seal it, and make	2856
returns thereof to the board of elections forthwith on the forms	2857
to be provided by the board. The provisions of Title XXXV of the	2858
Revised Code relating to the accounting for and return of all	2859
ballots at general elections apply to primary ballots.	2860

If there is any disagreement as to how a ballot should be	2861
counted it shall be submitted to all of the ~~judges~~precinct	2862
election officials. If three of the ~~judges~~precinct election	2863
officials do not agree as to how any part of the ballot shall be	2864
counted, that part of such ballot which three of the ~~judges~~	2865
officials do agree shall be counted and a notation made upon the	2866
ballot indicating what part has not been counted, and shall be	2867
placed in an envelope provided for that purpose, marked "Disputed	2868
Ballots" and returned to the board.	2869

The board shall, on the day when the vote is canvassed, open	2870
such sealed envelopes, determine what ballots and for whom they	2871
should be counted, and proceed to count and tally the votes on	2872
such ballots.	2873

Sec. 3515.04. At the time and place fixed for making a	2874
recount, the board of elections, in the presence of all observers	2875
who may be in attendance, shall open the sealed containers	2876
containing the ballots to be recounted, and shall recount them. If	2877
~~a county used punch card ballots and if a chad is attached to a~~	2878
~~punch card ballot by three or four corners, the voter shall be~~	2879
~~deemed by the board not to have recorded a candidate, question, or~~	2880
~~issue choice at the particular position on the ballot, and a vote~~	2881
~~shall not be counted at that particular position on the ballot in~~	2882
~~the recount.~~ Ballots shall be handled only by the members of the	2883
board or by the director or other employees of the board.	2884
Observers shall be permitted to see the ballots, but they shall	2885
not be permitted to touch them, and the board shall not permit the	2886
counting or tabulation of votes shown on the ballots for any	2887
nomination, or for election to any office or position, or upon any	2888
question or issue, other than the votes shown on such ballots for	2889
the nomination, election, question, or issue concerning which a	2890
recount of ballots was applied for.	2891

At any time before the ballots from all of the precincts	2892
listed in an application for the recount or involved in a recount	2893
pursuant to section 3515.011 of the Revised Code have been	2894
recounted, the applicant or declared losing candidate or nominee	2895
or each of the declared losing candidates or nominees entitled to	2896
file a request prior to the commencement of a recount, as provided	2897
in section 3515.03 of the Revised Code, may file with the board a	2898
written request to stop the recount and not recount the ballots	2899
from the precincts so listed that have not been recounted prior to	2900
the time of the request. If, upon the request, the board finds	2901
that results of the votes in the precincts recounted, if	2902
substituted for the results of the votes in those precincts as	2903
shown in the abstract of the votes in those precincts, would not	2904
cause the applicant, if a person for whom votes were cast for	2905
nomination or election, to be declared nominated or elected or if	2906
an election upon a question or issue would not cause a result	2907
contrary to the result as declared prior to such recount, it shall	2908
grant the request and shall not recount the ballots of the	2909
precincts listed in the application for recount that have not been	2910
recounted prior to that time. If the board finds otherwise, it	2911
shall deny the request and shall continue to recount ballots until	2912
the ballots from all of the precincts listed in the application	2913
for recount have been recounted; provided that, if the request is	2914
denied, it may be renewed from time to time. Upon any such	2915
renewal, the board shall consider and act upon the request in the	2916
same manner as provided in this section in connection with an	2917
original request.	2918

~~As used in this section, "chad" and "punch card ballot" have~~	2919
~~the same meanings as in section 3506.16 of the Revised Code.~~	2920

Sec. 3517.106. (A) As used in this section:

2921

(1) "Statewide office" means any of the offices of governor,	2922
lieutenant governor, secretary of state, auditor of state,	2923
treasurer of state, attorney general, chief justice of the supreme	2924
court, and justice of the supreme court.	2925

(2) "Addendum to a statement" includes an amendment or other	2926
correction to that statement.	2927

(B)(1) The secretary of state shall store on computer the	2928
information contained in statements of contributions and	2929
expenditures and monthly statements required to be filed under	2930
section 3517.10 of the Revised Code and in statements of	2931
independent expenditures required to be filed under section	2932
3517.105 of the Revised Code by any of the following:	2933

(a) The campaign committees of candidates for statewide	2934
office;	2935

(b) The political action committees and political	2936
contributing entities described in division (A)(1) of section	2937
3517.11 of the Revised Code;	2938

2939

(d) State political parties;

2940

(e) Individuals, partnerships, corporations, labor	2941
organizations, or other entities that make independent	2942
expenditures in support of or opposition to a statewide candidate	2943
or a statewide ballot issue or question;	2944

(f) The campaign committees of candidates for the office of	2945
member of the general assembly;	2946

(g) County political parties, with respect to their state	2947
candidate funds.	2948

(2) The secretary of state shall store on computer the	2949
information contained in disclosure of electioneering	2950
communications statements required to be filed under section	2951
3517.1011 of the Revised Code.	2952

(3) The secretary of state shall store on computer the	2953
information contained in deposit and disbursement statements	2954
required to be filed with the office of the secretary of state	2955
under section 3517.1012 of the Revised Code.	2956

(4) The secretary of state shall store on computer the gift	2957
and disbursement information contained in statements required to	2958
be filed with the office of the secretary of state under section	2959
3517.1013 of the Revised Code.	2960

(5) The secretary of state shall store on computer the	2961
information contained in donation and disbursement statements	2962
required to be filed with the office of the secretary of state	2963
under section 3517.1014 of the Revised Code.	2964

(C)(1) The secretary of state shall make available to the	2965
campaign committees, political action committees, political	2966
contributing entities, legislative campaign funds, political	2967
parties, individuals, partnerships, corporations, labor	2968
organizations, treasurers of transition funds, and other entities	2969
described in division (B) of this section, and to members of the	2970
news media and other interested persons, for a reasonable fee,	2971
computer programs that are compatible with the secretary of	2972
state's method of storing the information contained in the	2973
statements.	2974

(2) The secretary of state shall make the information	2975
required to be stored under division (B) of this section available	2976
on computer at the secretary of state's office so that, to the	2977
maximum extent feasible, individuals may obtain at the secretary	2978
of state's office any part or all of that information for any	2979
given year, subject to the limitation expressed in division (D) of	2980
this section.	2981

(D) The secretary of state shall keep the information stored	2982
on computer under division (B) of this section for at least six	2983
years.	2984

(E)(1) Subject to division (L) of this section and subject to	2985
the secretary of state having implemented, tested, and verified	2986
the successful operation of any system the secretary of state	2987
prescribes pursuant to division (H)(1) of this section and	2988
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	2989
Code for the filing of campaign finance statements by electronic	2990
means of transmission, the campaign committee of each candidate	2991
for statewide office may file the statements prescribed by section	2992
3517.10 of the Revised Code by electronic means of transmission	2993
or, if the total amount of the contributions received or the total	2994
amount of the expenditures made by the campaign committee for the	2995
applicable reporting period as specified in division (A) of	2996
section 3517.10 of the Revised Code exceeds ten thousand dollars,	2997
shall file those statements by electronic means of transmission.	2998

Except as otherwise provided in this division, within five	2999
business days after a statement filed by a campaign committee of a	3000
candidate for statewide office is received by the secretary of	3001
state by electronic or other means of transmission, the secretary	3002
of state shall make available online to the public through the	3003
internet, as provided in division (I) of this section, the	3004
contribution and expenditure information in that statement. The	3005
secretary of state shall not make available online to the public	3006
through the internet any contribution or expenditure information	3007
contained in a statement for any candidate until the secretary of	3008
state is able to make available online to the public through the	3009
internet the contribution and expenditure information for all	3010
candidates for a particular office, or until the applicable filing	3011
deadline for that statement has passed, whichever is sooner. As	3012
soon as the secretary of state has available all of the	3013
contribution and expenditure information for all candidates for a	3014
particular office, or as soon as the applicable filing deadline	3015
for a statement has passed, whichever is sooner, the secretary of	3016
state shall simultaneously make available online to the public	3017
through the internet the information for all candidates for that	3018
office.	3019

If a statement filed by electronic means of transmission is	3020
found to be incomplete or inaccurate after the examination of the	3021
statement for completeness and accuracy pursuant to division	3022
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	3023
committee shall file by electronic means of transmission any	3024
addendum to the statement that provides the information necessary	3025
to complete or correct the statement or, if required by the	3026
secretary of state under that division, an amended statement.	3027

Within five business days after the secretary of state	3028
receives from a campaign committee of a candidate for statewide	3029
office an addendum to the statement or an amended statement by	3030
electronic or other means of transmission under this division or	3031
division (B)(3)(a) of section 3517.11 of the Revised Code, the	3032
secretary of state shall make the contribution and expenditure	3033
information in the addendum or amended statement available online	3034
to the public through the internet as provided in division (I) of	3035
this section.	3036

(2) Subject to the secretary of state having implemented,	3037
tested, and verified the successful operation of any system the	3038
secretary of state prescribes pursuant to division (H)(1) of this	3039
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	3040
the Revised Code for the filing of campaign finance statements by	3041
electronic means of transmission, a political action committee and	3042
a political contributing entity described in division (B)(1)(b) of	3043
this section, a legislative campaign fund, and a state political	3044
party may file the statements prescribed by section 3517.10 of the	3045
Revised Code by electronic means of transmission or, if the total	3046
amount of the contributions received or the total amount of the	3047
expenditures made by the political action committee, political	3048
contributing entity, legislative campaign fund, or state political	3049
party for the applicable reporting period as specified in division	3050
(A) of section 3517.10 of the Revised Code exceeds ten thousand	3051
dollars, shall file those statements by electronic means of	3052
transmission.	3053

Within five business days after a statement filed by a	3054
political action committee or a political contributing entity	3055
described in division (B)(1)(b) of this section, a legislative	3056
campaign fund, or a state political party is received by the	3057
secretary of state by electronic or other means of transmission,	3058
the secretary of state shall make available online to the public	3059
through the internet, as provided in division (I) of this section,	3060
the contribution and expenditure information in that statement.	3061

If a statement filed by electronic means of transmission is	3062
found to be incomplete or inaccurate after the examination of the	3063
statement for completeness and accuracy pursuant to division	3064
(B)(3)(a) of section 3517.11 of the Revised Code, the political	3065
action committee, political contributing entity, legislative	3066
campaign fund, or state political party shall file by electronic	3067
means of transmission any addendum to the statement that provides	3068
the information necessary to complete or correct the statement or,	3069
if required by the secretary of state under that division, an	3070
amended statement.	3071

Within five business days after the secretary of state	3072
receives from a political action committee or a political	3073
contributing entity described in division (B)(1)(b) of this	3074
section, a legislative campaign fund, or a state political party	3075
an addendum to the statement or an amended statement by electronic	3076
or other means of transmission under this division or division	3077
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	3078
state shall make the contribution and expenditure information in	3079
the addendum or amended statement available online to the public	3080
through the internet as provided in division (I) of this section.	3081

(3) Subject to the secretary of state having implemented,	3082
tested, and verified the successful operation of any system the	3083
secretary of state prescribes pursuant to division (H)(1) of this	3084
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	3085
the Revised Code for the filing of campaign finance statements by	3086
electronic means of transmission, a county political party shall	3087
file the statements prescribed by section 3517.10 of the Revised	3088
Code with respect to its state candidate fund by electronic means	3089
of transmission to the office of the secretary of state.	3090

Within five business days after a statement filed by a county	3091
political party with respect to its state candidate fund is	3092
received by the secretary of state by electronic means of	3093
transmission, the secretary of state shall make available online	3094
to the public through the internet, as provided in division (I) of	3095
this section, the contribution and expenditure information in that	3096
statement.	3097

If a statement is found to be incomplete or inaccurate after	3098
the examination of the statement for completeness and accuracy	3099
pursuant to division (B)(3)(a) of section 3517.11 of the Revised	3100
Code, a county political party shall file by electronic means of	3101
transmission any addendum to the statement that provides the	3102
information necessary to complete or correct the statement or, if	3103
required by the secretary of state under that division, an amended	3104
statement.	3105

Within five business days after the secretary of state	3106
receives from a county political party an addendum to the	3107
statement or an amended statement by electronic means of	3108
transmission under this division or division (B)(3)(a) of section	3109
3517.11 of the Revised Code, the secretary of state shall make the	3110
contribution and expenditure information in the addendum or	3111
amended statement available online to the public through the	3112
internet as provided in division (I) of this section.	3113

(F)(1) Subject to division (L) of this section and subject to	3114
the secretary of state having implemented, tested, and verified	3115
the successful operation of any system the secretary of state	3116
prescribes pursuant to division (H)(1) of this section and	3117
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	3118
Code for the filing of campaign finance statements by electronic	3119
means of transmission, a campaign committee of a candidate for the	3120
office of member of the general assembly or a campaign committee	3121
of a candidate for the office of judge of a court of appeals may	3122
file the statements prescribed by section 3517.10 of the Revised	3123
Code in accordance with division (A)(2) of section 3517.11 of the	3124
Revised Code or by electronic means of transmission to the office	3125
of the secretary of state or, if the total amount of the	3126
contributions received by the campaign committee for the	3127
applicable reporting period as specified in division (A) of	3128
section 3517.10 of the Revised Code exceeds ten thousand dollars,	3129
shall file those statements by electronic means of transmission to	3130
the office of the secretary of state.	3131

Except as otherwise provided in this division, within five	3132
business days after a statement filed by a campaign committee of a	3133
candidate for the office of member of the general assembly or a	3134
campaign committee of a candidate for the office of judge of a	3135
court of appeals is received by the secretary of state by	3136
electronic or other means of transmission, the secretary of state	3137
shall make available online to the public through the internet, as	3138
provided in division (I) of this section, the contribution and	3139
expenditure information in that statement. The secretary of state	3140
shall not make available online to the public through the internet	3141
any contribution or expenditure information contained in a	3142
statement for any candidate until the secretary of state is able	3143
to make available online to the public through the internet the	3144
contribution and expenditure information for all candidates for a	3145
particular office, or until the applicable filing deadline for	3146
that statement has passed, whichever is sooner. As soon as the	3147
secretary of state has available all of the contribution and	3148
expenditure information for all candidates for a particular	3149
office, or as soon as the applicable filing deadline for a	3150
statement has passed, whichever is sooner, the secretary of state	3151
shall simultaneously make available online to the public through	3152
the internet the information for all candidates for that office.	3153

If a statement filed by electronic means of transmission is	3154
found to be incomplete or inaccurate after the examination of the	3155
statement for completeness and accuracy pursuant to division	3156
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	3157
committee shall file by electronic means of transmission to the	3158
office of the secretary of state any addendum to the statement	3159
that provides the information necessary to complete or correct the	3160
statement or, if required by the secretary of state under that	3161
division, an amended statement.	3162

Within five business days after the secretary of state	3163
receives from a campaign committee of a candidate for the office	3164
of member of the general assembly or a campaign committee of a	3165
candidate for the office of judge of a court of appeals an	3166
addendum to the statement or an amended statement by electronic or	3167
other means of transmission under this division or division	3168
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	3169
state shall make the contribution and expenditure information in	3170
the addendum or amended statement available online to the public	3171
through the internet as provided in division (I) of this section.	3172

(2) If a statement, addendum, or amended statement is not	3173
filed by electronic means of transmission to the office of the	3174
secretary of state but is filed by printed version only under	3175
division (A)(2) of section 3517.11 of the Revised Code with the	3176
appropriate board of elections, the campaign committee of a	3177
candidate for the office of member of the general assembly or a	3178
campaign committee of a candidate for the office of judge of a	3179
court of appeals shall file two copies of the printed version of	3180
the statement, addendum, or amended statement with the board of	3181
elections. The board of elections shall send one of those copies	3182
by certified mail or an electronic copy to the secretary of state	3183
before the close of business on the day the board of elections	3184
receives the statement, addendum, or amended statement.	3185

(G) Subject to the secretary of state having implemented,	3186
tested, and verified the successful operation of any system the	3187
secretary of state prescribes pursuant to division (H)(1) of this	3188
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	3189
the Revised Code for the filing of campaign finance statements by	3190
electronic means of transmission, any individual, partnership, or	3191
other entity that makes independent expenditures in support of or	3192
opposition to a statewide candidate or a statewide ballot issue or	3193
question as provided in division (B)(2)(b) or (C)(2)(b) of section	3194
3517.105 of the Revised Code may file the statement specified in	3195
that division by electronic means of transmission or, if the total	3196
amount of independent expenditures made during the reporting	3197
period under that division exceeds ten thousand dollars, shall	3198
file the statement specified in that division by electronic means	3199
of transmission.	3200

Within five business days after a statement filed by an	3201
individual, partnership, or other entity is received by the	3202
secretary of state by electronic or other means of transmission,	3203
the secretary of state shall make available online to the public	3204
through the internet, as provided in division (I) of this section,	3205
the expenditure information in that statement.	3206

If a statement filed by electronic means of transmission is	3207
found to be incomplete or inaccurate after the examination of the	3208
statement for completeness and accuracy pursuant to division	3209
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	3210
partnership, or other entity shall file by electronic means of	3211
transmission any addendum to the statement that provides the	3212
information necessary to complete or correct the statement or, if	3213
required by the secretary of state under that division, an amended	3214
statement.	3215

Within five business days after the secretary of state	3216
receives from an individual, partnership, or other entity	3217
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	3218
of the Revised Code an addendum to the statement or an amended	3219
statement by electronic or other means of transmission under this	3220
division or division (B)(3)(a) of section 3517.11 of the Revised	3221
Code, the secretary of state shall make the expenditure	3222
information in the addendum or amended statement available online	3223
to the public through the internet as provided in division (I) of	3224
this section.	3225

(H)(1) The secretary of state, by rule adopted pursuant to	3226
section 3517.23 of the Revised Code, shall prescribe one or more	3227
techniques by which a person who executes and transmits by	3228
electronic means a statement of contributions and expenditures, a	3229
statement of independent expenditures, a disclosure of	3230
electioneering communications statement, a deposit and	3231
disbursement statement, a gift and disbursement statement, or a	3232
donation and disbursement statement, an addendum to any of those	3233
statements, an amended statement of contributions and	3234
expenditures, an amended statement of independent expenditures, an	3235
amended disclosure of electioneering communications statement, an	3236
amended deposit and disbursement statement, an amended gift and	3237
disbursement statement, or an amended donation and disbursement	3238
statement, under this section or section 3517.10, 3517.105,	3239
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	3240
shall electronically sign the statement, addendum, or amended	3241
statement. Any technique prescribed by the secretary of state	3242
pursuant to this division shall create an electronic signature	3243
that satisfies all of the following:	3244

(a) It is unique to the signer.

3245

(b) It objectively identifies the signer.

3246

(c) It involves the use of a signature device or other means	3247
or method that is under the sole control of the signer and that	3248
cannot be readily duplicated or compromised.	3249

(d) It is created and linked to the electronic record to	3250
which it relates in a manner that, if the record or signature is	3251
intentionally or unintentionally changed after signing, the	3252
electronic signature is invalidated.	3253

(2) An electronic signature prescribed by the secretary of	3254
state under division (H)(1) of this section shall be attached to	3255
or associated with the statement of contributions and	3256
expenditures, the statement of independent expenditures, the	3257
disclosure of electioneering communications statement, the deposit	3258
and disbursement statement, the gift and disbursement statement,	3259
or the donation and disbursement statement, the addendum to any of	3260
those statements, the amended statement of contributions and	3261
expenditures, the amended statement of independent expenditures,	3262
the amended disclosure of electioneering communications statement,	3263
the amended deposit and disbursement statement, the amended gift	3264
and disbursement statement, or the amended donation and	3265
disbursement statement that is executed and transmitted by	3266
electronic means by the person to whom the electronic signature is	3267
attributed. The electronic signature that is attached to or	3268
associated with the statement, addendum, or amended statement	3269
under this division shall be binding on all persons and for all	3270
purposes under the campaign finance reporting law as if the	3271
signature had been handwritten in ink on a printed form.	3272

(I) The secretary of state shall make the contribution and	3273
expenditure, the contribution and disbursement, the deposit and	3274
disbursement, the gift and disbursement, or the donation and	3275
disbursement information in all statements, all addenda to the	3276
statements, and all amended statements that are filed with the	3277
secretary of state by electronic or other means of transmission	3278
under this section or section 3517.10, 3517.105, 3517.1011,	3279
3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code	3280
available online to the public by any means that are searchable,	3281
viewable, and accessible through the internet.	3282

(J)(1) As used in this division, "library" means a library	3283
that is open to the public and that is one of the following:	3284

(a) A library that is maintained and regulated under section	3285
715.13 of the Revised Code;	3286

(b) A library that is created, maintained, and regulated	3287
under Chapter 3375. of the Revised Code.	3288

(2) The secretary of state shall notify all libraries of the	3289
location on the internet at which the contribution and	3290
expenditure, contribution and disbursement, deposit and	3291
disbursement, gift and disbursement, or donation and disbursement	3292
information in campaign finance statements required to be made	3293
available online to the public through the internet pursuant to	3294
division (I) of this section may be accessed.	3295

If that location is part of the world wide web and if the	3296
secretary of state has notified a library of that world wide web	3297
location as required by this division, the library shall include a	3298
link to that world wide web location on each internet-connected	3299
computer it maintains that is accessible to the public.	3300

(3) If the system the secretary of state prescribes for the	3301
filing of campaign finance statements by electronic means of	3302
transmission pursuant to division (H)(1) of this section and	3303
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	3304
Code includes filing those statements through the internet via the	3305
world wide web, the secretary of state shall notify all libraries	3306
of the world wide web location at which those statements may be	3307
filed.	3308

If those statements may be filed through the internet via the	3309
world wide web and if the secretary of state has notified a	3310
library of that world wide web location as required by this	3311
division, the library shall include a link to that world wide web	3312
location on each internet-connected computer it maintains that is	3313
accessible to the public.	3314

(K) It is an affirmative defense to a complaint or charge	3315
brought against any campaign committee, political action	3316
committee, political contributing entity, legislative campaign	3317
fund, or political party, any individual, partnership, or other	3318
entity, any person making disbursements to pay the direct costs of	3319
producing or airing electioneering communications, or any	3320
treasurer of a transition fund, for the failure to file by	3321
electronic means of transmission a campaign finance statement as	3322
required by this section or section 3517.10, 3517.105, 3517.1011,	3323
3517.1012, 3517.1013, or 3517.1014 of the Revised Code that all of	3324
the following apply to the campaign committee, political action	3325
committee, political contributing entity, legislative campaign	3326
fund, or political party, the individual, partnership, or other	3327
entity, the person making disbursements to pay the direct costs of	3328
producing or airing electioneering communications, or the	3329
treasurer of a transition fund that failed to so file:	3330

(1) The campaign committee, political action committee,	3331
political contributing entity, legislative campaign fund, or	3332
political party, the individual, partnership, or other entity, the	3333
person making disbursements to pay the direct costs of producing	3334
or airing electioneering communications, or the treasurer of a	3335
transition fund attempted to file by electronic means of	3336
transmission the required statement prior to the deadline set	3337
forth in the applicable section.	3338

(2) The campaign committee, political action committee,	3339
political contributing entity, legislative campaign fund, or	3340
political party, the individual, partnership, or other entity, the	3341
person making disbursements to pay the direct costs of producing	3342
or airing electioneering communications, or the treasurer of a	3343
transition fund was unable to file by electronic means of	3344
transmission due to an expected or unexpected shutdown of the	3345
whole or part of the electronic campaign finance statement-filing	3346
system, such as for maintenance or because of hardware, software,	3347
or network connection failure.	3348

(3) The campaign committee, political action committee,	3349
political contributing entity, legislative campaign fund, or	3350
political party, the individual, partnership, or other entity, the	3351
person making disbursements to pay the direct costs of producing	3352
or airing electioneering communications, or the treasurer of a	3353
transition fund filed by electronic means of transmission the	3354
required statement within a reasonable period of time after being	3355
unable to so file it under the circumstance described in division	3356
(K)(2) of this section.	3357

(L)(1) The secretary of state shall adopt rules pursuant to	3358
Chapter 119. of the Revised Code to permit a campaign committee of	3359
a candidate for statewide office that makes expenditures of less	3360
than twenty-five thousand dollars during the filing period or a	3361
campaign committee for the office of member of the general	3362
assembly or the office of judge of a court of appeals that would	3363
otherwise be required to file campaign finance statements by	3364
electronic means of transmission under division (E) or (F) of this	3365
section to file those statements by paper with the office of the	3366
secretary of state. Those rules shall provide for all of the	3367
following:	3368

(a) An eligible campaign committee that wishes to file a	3369
campaign finance statement by paper instead of by electronic means	3370
of transmission shall file the statement on paper with the office	3371
of the secretary of state not sooner than twenty-four hours after	3372
the end of the filing period set forth in section 3517.10 of the	3373
Revised Code that is covered by the applicable statement.	3374

(b) The statement shall be accompanied by a fee, the amount	3375
of which the secretary of state shall determine by rule. The	3376
amount of the fee established under this division shall not exceed	3377
the data entry and data verification costs the secretary of state	3378
will incur to convert the information on the statement to an	3379
electronic format as required under division (I) of this section.	3380

(c) The secretary of state shall arrange for the information	3381
in campaign finance statements filed pursuant to division (L) of	3382
this section to be made available online to the public through the	3383
internet in the same manner, and at the same times, as information	3384
is made available under divisions (E), (F), and (I) of this	3385
section for candidates whose campaign committees file those	3386
statements by electronic means of transmission.	3387

(d) The candidate of an eligible campaign committee that	3388
intends to file a campaign finance statement pursuant to division	3389
(L) of this section shall file a notice indicating that the	3390
candidate's campaign committee intends to so file and stating that	3391
filing the statement by electronic means of transmission would	3392
constitute a hardship for the candidate or for the eligible	3393
campaign committee.	3394

(e) An eligible campaign committee that files a campaign	3395
finance statement on paper pursuant to division (L) of this	3396
section shall review the contribution and information made	3397
available online by the secretary of state with respect to that	3398
paper filing and shall notify the secretary of state of any errors	3399
with respect to that filing that appear in the data made available	3400
on that web site.	3401

(f) If an eligible campaign committee whose candidate has	3402
filed a notice in accordance with rules adopted under division	3403
(L)(1)(d) of this section subsequently fails to file that	3404
statement on paper by the applicable deadline established in rules	3405
adopted under division (L)(1)(a) of this section, penalties for	3406
the late filing of the campaign finance statement shall apply to	3407
that campaign committee for each day after that paper filing	3408
deadline, as if the campaign committee had filed the statement	3409
after the applicable deadline set forth in division (A) of section	3410
3517.10 of the Revised Code.	3411

(2) The process for permitting campaign committees that would	3412
otherwise be required to file campaign finance statements by	3413
electronic means of transmission to file those statements on paper	3414
with the office of the secretary of state that is required to be	3415
developed under division (L)(1) of this section shall be in effect	3416
and available for use by eligible campaign committees for all	3417
campaign finance statements that are required to be filed on or	3418
after June 30, 2005. Notwithstanding any provision of the Revised	3419
Code to the contrary, if the process the secretary of state is	3420
required to develop under division (L)(1) of this section is not	3421
in effect and available for use on and after June 30, 2005, all	3422
penalties for the failure of campaign committees to file campaign	3423
finance statements by electronic means of transmission shall be	3424
suspended until such time as that process is in effect and	3425
available for use.	3426

(3) Notwithstanding any provision of the Revised Code to the	3427
contrary, any eligible campaign committee that files campaign	3428
finance statements on paper with the office of the secretary of	3429
state pursuant to division (L)(1) of this section shall be deemed	3430
to have filed those campaign finance statements by electronic	3431
means of transmission to the office of the secretary of state.	3432

Sec. 3517.11. (A)(1) Campaign committees of candidates for	3433
statewide office or the state board of education, political action	3434
committees or political contributing entities that make	3435
contributions to campaign committees of candidates that are	3436
required to file the statements prescribed by section 3517.10 of	3437
the Revised Code with the secretary of state, political action	3438
committees or political contributing entities that make	3439
contributions to campaign committees of candidates for member of	3440
the general assembly, political action committees or political	3441
contributing entities that make contributions to state and	3442
national political parties and to legislative campaign funds,	3443
political action committees or political contributing entities	3444
that receive contributions or make expenditures in connection with	3445
a statewide ballot issue, political action committees or political	3446
contributing entities that make contributions to other political	3447
action committees or political contributing entities, political	3448
parties, and campaign committees, except as set forth in division	3449
(A)(3) of this section, legislative campaign funds, and state and	3450
national political parties shall file the statements prescribed by	3451
section 3517.10 of the Revised Code with the secretary of state.	3452

(2)(a) Except as otherwise provided in division (F) of	3453
section 3517.106 of the Revised Code, campaign committees of	3454
candidates for all other offices shall file the statements	3455
prescribed by section 3517.10 of the Revised Code with the board	3456
of elections where their candidates are required to file their	3457
petitions or other papers for nomination or election.	3458

(b) A campaign committee of a candidate for office of member	3459
of the general assembly or a campaign committee of a candidate for	3460
the office of judge of a court of appeals shall file two copies of	3461
the printed version of any statement, addendum, or amended	3462
statement if the committee does not file pursuant to division	3463
(F)(1) or (L) of section 3517.106 of the Revised Code but files by	3464
printed version only with the appropriate board of elections. The	3465
board of elections shall send one of those copies by certified	3466
mail or an electronic copy to the secretary of state before the	3467
close of business on the day the board of elections receives the	3468
statement, addendum, or amended statement.	3469

(3) Political action committees or political contributing	3470
entities that only contribute to a county political party,	3471
contribute to campaign committees of candidates whose nomination	3472
or election is to be submitted only to electors within a county,	3473
subdivision, or district, excluding candidates for member of the	3474
general assembly, and receive contributions or make expenditures	3475
in connection with ballot questions or issues to be submitted only	3476
to electors within a county, subdivision, or district shall file	3477
the statements prescribed by section 3517.10 of the Revised Code	3478
with the board of elections in that county or in the county	3479
contained in whole or part within the subdivision or district	3480
having a population greater than that of any other county	3481
contained in whole or part within that subdivision or district, as	3482
the case may be.	3483

(4) Except as otherwise provided in division (E)(3) of	3484
section 3517.106 of the Revised Code with respect to state	3485
candidate funds, county political parties shall file the	3486
statements prescribed by section 3517.10 of the Revised Code with	3487
the board of elections of their respective counties.	3488

(B)(1) The official with whom petitions and other papers for	3489
nomination or election to public office are filed shall furnish	3490
each candidate at the time of that filing a copy of sections	3491
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and	3492
3599.031 of the Revised Code and any other materials that the	3493
secretary of state may require. Each candidate receiving the	3494
materials shall acknowledge their receipt in writing.	3495

(2) On or before the tenth day before the dates on which	3496
statements are required to be filed by section 3517.10 of the	3497
Revised Code, every candidate subject to the provisions of this	3498
section and sections 3517.10 and 3517.106 of the Revised Code	3499
shall be notified of the requirements and applicable penalties of	3500
those sections. The secretary of state, by certified mail, return	3501
receipt requested, shall notify all candidates required to file	3502
those statements with the secretary of state's office. The board	3503
of elections of every county shall notify by first class mail any	3504
candidate who has personally appeared at the office of the board	3505
on or before the tenth day before the statements are required to	3506
be filed and signed a form, to be provided by the secretary of	3507
state, attesting that the candidate has been notified of the	3508
candidate's obligations under the campaign finance law. The board	3509
shall forward the completed form to the secretary of state. The	3510
board shall use certified mail, return receipt requested, to	3511
notify all other candidates required to file those statements with	3512
it.	3513

(3)(a) Any statement required to be filed under sections	3514
3517.081 to 3517.17 of the Revised Code that is found to be	3515
incomplete or inaccurate by the officer to whom it is submitted	3516
shall be accepted on a conditional basis, and the person who filed	3517
it shall be notified by certified mail as to the incomplete or	3518
inaccurate nature of the statement. The secretary of state may	3519
examine statements filed for candidates for the office of member	3520
of the general assembly and candidates for the office of judge of	3521
a court of appeals for completeness and accuracy. The secretary of	3522
state shall examine for completeness and accuracy statements that	3523
campaign committees of candidates for the office of member of the	3524
general assembly and campaign committees of candidates for the	3525
office of judge of a court of appeals file pursuant to division	3526
(F) or (L) of section 3517.106 of the Revised Code. If an officer	3527
at the board of elections where a statement filed for a candidate	3528
for the office of member of the general assembly or for a	3529
candidate for the office of judge of a court of appeals was	3530
submitted finds the statement to be incomplete or inaccurate, the	3531
officer shall immediately notify the secretary of state of its	3532
incomplete or inaccurate nature. If either an officer at the board	3533
of elections or the secretary of state finds a statement filed for	3534
a candidate for the office of member of the general assembly or	3535
for a candidate for the office of judge of a court of appeals to	3536
be incomplete or inaccurate, only the secretary of state shall	3537
send the notification as to the incomplete or inaccurate nature of	3538
the statement.	3539

Within twenty-one days after receipt of the notice, in the	3540
case of a pre-election statement, a postelection statement, a	3541
monthly statement, an annual statement, or a semiannual statement	3542
prescribed by section 3517.10, an annual statement prescribed by	3543
section 3517.101, or a statement prescribed by division (B)(2)(b)	3544
or (C)(2)(b) of section 3517.105 or section 3517.107 of the	3545
Revised Code, the recipient shall file an addendum, amendment, or	3546
other correction to the statement providing the information	3547
necessary to complete or correct the statement. The secretary of	3548
state may require that, in lieu of filing an addendum, amendment,	3549
or other correction to a statement that is filed by electronic	3550
means of transmission to the office of the secretary of state	3551
pursuant to section 3517.106 of the Revised Code, the recipient of	3552
the notice described in this division file by electronic means of	3553
transmission an amended statement that incorporates the	3554
information necessary to complete or correct the statement.	3555

The secretary of state shall determine by rule when an	3556
addendum, amendment, or other correction to any of the following	3557
or when an amended statement of any of the following shall be	3558
filed:	3559

(i) A two-business-day statement prescribed by section	3560
3517.10 of the Revised Code;	3561

(ii) A disclosure of electioneering communications statement	3562
prescribed by division (D) of section 3517.1011 of the Revised	3563
Code;	3564

(iii) A deposit and disbursement statement prescribed under	3565
division (B) of section 3517.1012 of the Revised Code;	3566

(iv) A gift and disbursement statement prescribed under	3567
section 3517.1013 of the Revised Code;	3568

(v) A donation and disbursement statement prescribed under	3569
section 3517.1014 of the Revised Code.	3570

An addendum, amendment, or other correction to a statement	3571
that is filed by electronic means of transmission pursuant to	3572
section 3517.106 of the Revised Code shall be filed in the same	3573
manner as the statement.	3574

The provisions of sections 3517.10, 3517.106, 3517.1011,	3575
3517.1012, 3517.1013, and 3517.1014 of the Revised Code pertaining	3576
to the filing of statements of contributions and expenditures,	3577
statements of independent expenditures, disclosure of	3578
electioneering communications statements, deposit and disbursement	3579
statements, gift and disbursement statements, and donation and	3580
disbursement statements by electronic means of transmission apply	3581
to the filing of addenda, amendments, or other corrections to	3582
those statements by electronic means of transmission and the	3583
filing of amended statements by electronic means of transmission.	3584

(b) Within five business days after the secretary of state	3585
receives, by electronic or other means of transmission, an	3586
addendum, amendment, or other correction to a statement or an	3587
amended statement under division (B)(3)(a) of this section, the	3588
secretary of state, pursuant to divisions (E), (F), (G), and (I)	3589
of section 3517.106 or division (D) of section 3517.1011 of the	3590
Revised Code, shall make the contribution and expenditure,	3591
contribution and disbursement, deposit and disbursement, gift and	3592
disbursement, or donation and disbursement information in that	3593
addendum, amendment, correction, or amended statement available	3594
online to the public through the internet.	3595

(4)(a) The secretary of state or the board of elections shall	3596
examine all statements for compliance with sections 3517.08 to	3597
3517.17 of the Revised Code.	3598

(b) The secretary of state may contract with an individual or	3599
entity not associated with the secretary of state and experienced	3600
in interpreting the campaign finance law of this state to conduct	3601
examinations of statements filed by any statewide candidate, as	3602
defined in section 3517.103 of the Revised Code.	3603

(c) The examination shall be conducted by a person or entity	3604
qualified to conduct it. The results of the examination shall be	3605
available to the public, and, when the examination is conducted by	3606
an individual or entity not associated with the secretary of	3607
state, the results of the examination shall be reported to the	3608
secretary of state.	3609

(C)(1) In the event of a failure to file or a late filing of	3610
a statement required to be filed under sections 3517.081 to	3611
3517.17 of the Revised Code, or if a filed statement or any	3612
addendum, amendment, or other correction to a statement or any	3613
amended statement, if an addendum, amendment, or other correction	3614
or an amended statement is required to be filed, is incomplete or	3615
inaccurate or appears to disclose a failure to comply with or a	3616
violation of law, the official whose duty it is to examine the	3617
statement shall promptly file a complaint with the Ohio elections	3618
commission under section 3517.153 of the Revised Code if the law	3619
is one over which the commission has jurisdiction to hear	3620
complaints, or the official shall promptly report the failure or	3621
violation to the board of elections and the board shall promptly	3622
report it to the prosecuting attorney in accordance with division	3623
(J) of section 3501.11 of the Revised Code. If the official files	3624
a complaint with the commission, the commission shall proceed in	3625
accordance with sections 3517.154 to 3517.157 of the Revised Code.	3626

(2) For purposes of division (C)(1) of this section, a	3627
statement or an addendum, amendment, or other correction to a	3628
statement or an amended statement required to be filed under	3629
sections 3517.081 to 3517.17 of the Revised Code is incomplete or	3630
inaccurate under this section if the statement, addendum,	3631
amendment, other correction, or amended statement fails to	3632
disclose substantially all contributions, gifts, or donations that	3633
are received or deposits that are made that are required to be	3634
reported under sections 3517.10, 3517.107, 3517.108, 3517.1011,	3635
3517.1012, 3517.1013, and 3517.1014 of the Revised Code or if the	3636
statement, addendum, amendment, other correction, or amended	3637
statement fails to disclose at least ninety per cent of the total	3638
contributions, gifts, or donations received or deposits made or of	3639
the total expenditures or disbursements made during the reporting	3640
period.	3641

(D) No certificate of nomination or election shall be issued	3642
to a person, and no person elected to an office shall enter upon	3643
the performance of the duties of that office, until that person or	3644
that person's campaign committee, as appropriate, has fully	3645
complied with this section and sections 3517.08, 3517.081,	3646
3517.10, and 3517.13 of the Revised Code.	3647

Sec. 3599.07. No ~~judge of elections~~precinct election	3648
official, observer, or police officer admitted into the polling	3649
rooms at the election, at any time while the polls are open, shall	3650
have in the individual's possession, distribute, or give out any	3651
ballot or ticket to any person on any pretense during the	3652
receiving, counting, or certifying of the votes, or have any	3653
ballot or ticket in the individual's possession or control, except	3654
in the proper discharge of the individual's official duty in	3655
receiving, counting, or canvassing the votes. This section does	3656
not prevent the lawful exercise by a ~~judge of elections~~precinct	3657
election official or observer of the individual right to vote at	3658
such election.	3659

Sec. 3599.17. (A) No elections official serving as a	3660
registrar or ~~judge of elections~~precinct election official shall	3661
do any of the following:	3662

(1) Fail to appear before the board of elections, or its	3663
representative, after notice has been served personally upon the	3664
official or left at the official's usual place of residence, for	3665
examination as to the official's qualifications;	3666

(2) Fail to appear at the polling place to which the official	3667
is assigned at the hour and during the hours set for the	3668
registration or election;	3669

(3) Fail to take the oath prescribed by section 3501.31 of	3670
the Revised Code, unless excused by such board;	3671

(4) Refuse or sanction the refusal of another registrar or	3672
~~judge of elections~~precinct election official to administer an	3673
oath required by law;	3674

(5) Fail to send notice to the board of the appointment of a	3675
~~judge~~precinct election official to fill a vacancy;	3676

(6) Act as registrar or ~~judge~~precinct election official	3677
without having been appointed and having received a certificate of	3678
appointment, except a ~~judge~~precinct election official appointed	3679
to fill a vacancy caused by absence or removal;	3680

(7) Fail in any other way to perform any duty imposed by law.

3681

(B) Whoever violates division (A) of this section is guilty	3682
of a misdemeanor of the first degree.	3683

Sec. 3599.19. (A) No ~~judge of elections~~precinct election	3684
official shall knowingly do any of the following:	3685

(1) Unlawfully open or permit to be opened the sealed package	3686
containing registration lists, ballots, blanks, pollbooks, and	3687
other papers and material to be used in an election;	3688

(2) Unlawfully misplace, carry away, negligently lose or	3689
permit to be taken from the ~~judge~~precinct election official, fail	3690
to deliver, or destroy any such packages, papers, or material;	3691

(3) Receive or sanction the reception of a ballot from a	3692
person not a qualified elector or from a person who refused to	3693
answer a question in accordance with the election law;	3694

(4) Refuse to receive or sanction the rejection of a ballot	3695
from a person, knowing that person to be a qualified elector;	3696

(5) Permit a fraudulent ballot to be placed in the ballot	3697
box;	3698

(6) Place or permit to be placed in any ballot box any ballot	3699
known by the ~~judge~~precinct election official to be improperly or	3700
falsely marked;	3701

(7) Count or permit to be counted any illegal or fraudulent	3702
ballot;	3703

(8) Mislead an elector who is physically unable to prepare	3704
the elector's ballot, mark a ballot for such elector otherwise	3705
than as directed by that elector, or disclose to any person,	3706
except when legally required to do so, how such elector voted;	3707

(9) Alter or mark or permit any alteration or marking on any	3708
ballot when counting the ballots;	3709

(10) Unlawfully count or tally or sanction the wrongful	3710
counting or tallying of votes;	3711

(11) After the counting of votes commences, as required by	3712
law, postpone or sanction the postponement of the counting of	3713
votes, adjourn at any time or to any place, or remove the ballot	3714
box from the place of voting, or from the custody or presence of	3715
all the ~~judges of such elections~~precinct election officials;	3716

(12) Permit any ballot to remain or to be in the ballot box	3717
at the opening of the polls, or to be put in the box during the	3718
counting of the ballots, or to be left in the box without being	3719
counted;	3720

(13) Admit or sanction the admission to the polling room at	3721
an election during the receiving, counting, and certifying of	3722
votes of any person not qualified by law to be so admitted;	3723

(14) Refuse to admit or sanction the refusal to admit any	3724
person, upon lawful request for admission, who is legally	3725
qualified to be present;	3726

(15) Permit or sanction the counting of the ballots contrary	3727
to the manner prescribed by law;	3728

(16) Neglect or unlawfully execute any duty enjoined upon the	3729
~~judge~~precinct election official by law.	3730

(B) Whoever violates division (A) of this section is guilty	3731
of a misdemeanor of the first degree.	3732

Sec. 3599.31. No officer of the law shall fail to obey	3733
forthwith an order of the ~~presiding judge~~voting location manager	3734
and aid in enforcing a lawful order of the ~~presiding judges~~voting	3735
location manager at an election, against persons unlawfully	3736
congregating or loitering within one hundred feet of a polling	3737
place, hindering or delaying an elector from reaching or leaving	3738
the polling place, soliciting or attempting, within one hundred	3739
feet of the polling place, to influence an elector in casting the	3740
elector's vote, or interfering with the registration of voters or	3741
casting and counting of the ballots.	3742

Whoever violates this section is guilty of a misdemeanor of	3743
the first degree.	3744

Section 2. That existing sections 2101.44, 3501.01, 3501.05,	3745
3501.051, 3501.06, 3501.11, 3501.13, 3501.17, 3501.22, 3501.26,	3746
3501.27, 3501.28, 3501.29, 3501.30, 3501.31, 3501.32, 3501.33,	3747
3501.35, 3501.37, 3503.02, 3503.26, 3505.07, 3505.08, 3505.16,	3748
3505.17, 3505.18, 3505.20, 3505.21, 3505.23, 3505.24, 3505.26,	3749
3505.28, 3505.29, 3505.30, 3505.31, 3506.05, 3506.12, 3506.15,	3750
3509.01, 3509.06, 3513.131, 3513.18, 3513.19, 3513.21, 3515.04,	3751
3517.106, 3517.11, 3599.07, 3599.17, 3599.19, and 3599.31 and	3752
section 3506.16 of the Revised Code are hereby repealed.	3753