As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 109

Senator Obhof

A BILL

To amend sections 2101.44, 3501.01, 3501.05,

3501.051, 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 section 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,	15
3501.051, 3501.11, 3501.13, 3501.17, 3501.22, 3501.26, 3501.27,	16
3501.28, 3501.29, 3501.30, 3501.31, 3501.32, 3501.33, 3501.35,	17
3501.37, 3503.02, 3503.26, 3505.07, 3505.08, 3505.16, 3505.17,	18
3505.18, 3505.20, 3505.21, 3505.23, 3505.24, 3505.26, 3505.28,	19
3505.29, 3505.30, 3505.31, 3506.05, 3506.12, 3506.15, 3509.01,	20
3509.06, 3513.131, 3513.18, 3513.19, 3513.21, 3515.04, 3517.106,	21
3517.11, 3599.07, 3599.17, 3599.19, and 3599.31 be amended and	22
section 3506.021 of the Revised Code be enacted to read as	23
follows:	24

Sec. 2101.44. The election upon the question of combining	25
the probate court and the court of common pleas shall be conducted	26
as provided for the election of county officers.	27

The board of ~~election~~elections shall provide separate	28
ballots, ~~ballot boxes,~~ tally sheets, blanks, stationery, and all	29
such other supplies as may be necessary in the conduct of such	30
election.	31

Ballots shall be printed with an affirmative and negative	32
statement thereon, as follows:	33

		The probate court and the court of common pleas shall be combined.			35
		The probate court and the court of common pleas shall not be combined.			36

Returns of said election shall be made and canvassed at the	38
same time and in the same manner as an election for county	39
officers. The board shall certify the result of said election to	40
the secretary of state, to the probate judge of said county, and	41
to the judge of the court of common pleas, and such result shall	42
be spread upon the journal of the probate court and of the court	43
of common pleas.	44

If a majority of the votes cast at such an election are in	45
favor of combining said courts, such courts shall stand combined	46
upon determination of the fact that a majority of the persons	47
voting upon the question of the combination of such courts voted	48
in favor of such combination.	49

Sec. 3501.01. As used in the sections of the Revised Code	50
relating to elections and political communications:	51

(A) "General election" means the election held on the first	52
Tuesday after the first Monday in each November.	53

(B) "Regular municipal election" means the election held on	54
the first Tuesday after the first Monday in November in each	55
odd-numbered year.	56

(C) "Regular state election" means the election held on the	57
first Tuesday after the first Monday in November in each	58
even-numbered year.	59

(D) "Special election" means any election other than those	60
elections defined in other divisions of this section. A special	61
election may be held only on the first Tuesday after the first	62
Monday in February, May, August, or November, or on the day	63
authorized by a particular municipal or county charter for the	64
holding of a primary election, except that in any year in which a	65
presidential primary election is held, no special election shall	66
be held in February or May, except as authorized by a municipal or	67
county charter, but may be held on the first Tuesday after the	68
first Monday in March.	69

(E)(1) "Primary" or "primary election" means an election held	70
for the purpose of nominating persons as candidates of political	71
parties for election to offices, and for the purpose of electing	72
persons as members of the controlling committees of political	73
parties and as delegates and alternates to the conventions of	74
political parties. Primary elections shall be held on the first	75
Tuesday after the first Monday in May of each year except in years	76
in which a presidential primary election is held.	77

(2) "Presidential primary election" means a primary election	78
as defined by division (E)(1) of this section at which an election	79
is held for the purpose of choosing delegates and alternates to	80
the national conventions of the major political parties pursuant	81
to section 3513.12 of the Revised Code. Unless otherwise	82
specified, presidential primary elections are included in	83
references to primary elections. In years in which a presidential	84
primary election is held, all primary elections shall be held on	85
the first Tuesday after the first Monday in March except as	86
otherwise authorized by a municipal or county charter.	87

(F) "Political party" means any group of voters meeting the	88
requirements set forth in section 3517.01 of the Revised Code for	89
the formation and existence of a political party.	90

(1) "Major political party" means any political party	91
organized under the laws of this state whose candidate for	92
governor or nominees for presidential electors received no less	93
than twenty per cent of the total vote cast for such office at the	94
most recent regular state election.	95

(2) "Intermediate political party" means any political party	96
organized under the laws of this state whose candidate for	97
governor or nominees for presidential electors received less than	98
twenty per cent but not less than ten per cent of the total vote	99
cast for such office at the most recent regular state election.	100

(3) "Minor political party" means any political party	101
organized under the laws of this state whose candidate for	102
governor or nominees for presidential electors received less than	103
ten per cent but not less than five per cent of the total vote	104
cast for such office at the most recent regular state election or	105
which has filed with the secretary of state, subsequent to any	106
election in which it received less than five per cent of such	107
vote, a petition signed by qualified electors equal in number to	108
at least one per cent of the total vote cast for such office in	109
the last preceding regular state election, except that a newly	110
formed political party shall be known as a minor political party	111
until the time of the first election for governor or president	112
which occurs not less than twelve months subsequent to the	113
formation of such party, after which election the status of such	114
party shall be determined by the vote for the office of governor	115
or president.	116

(G) "Dominant party in a precinct" or "dominant political	117
party in a precinct" means that political party whose candidate	118
for election to the office of governor at the most recent regular	119
state election at which a governor was elected received more votes	120
than any other person received for election to that office in such	121
precinct at such election.	122

(H) "Candidate" means any qualified person certified in	123
accordance with the provisions of the Revised Code for placement	124
on the official ballot of a primary, general, or special election	125
to be held in this state, or any qualified person who claims to be	126
a write-in candidate, or who knowingly assents to being	127
represented as a write-in candidate by another at either a	128
primary, general, or special election to be held in this state.	129

(I) "Independent candidate" means any candidate who claims	130
not to be affiliated with a political party, and whose name has	131
been certified on the office-type ballot at a general or special	132
election through the filing of a statement of candidacy and	133
nominating petition, as prescribed in section 3513.257 of the	134
Revised Code.	135

(J) "Nonpartisan candidate" means any candidate whose name is	136
required, pursuant to section 3505.04 of the Revised Code, to be	137
listed on the nonpartisan ballot, including all candidates for	138
judicial office, for member of any board of education, for	139
municipal or township offices in which primary elections are not	140
held for nominating candidates by political parties, and for	141
offices of municipal corporations having charters that provide for	142
separate ballots for elections for these offices.	143

(K) "Party candidate" means any candidate who claims to be a	144
member of a political party, whose name has been certified on the	145
office-type ballot at a general or special election through the	146
filing of a declaration of candidacy and petition of candidate,	147
and who has won the primary election of the candidate's party for	148
the public office the candidate seeks or is selected by party	149
committee in accordance with section 3513.31 of the Revised Code.	150

(L) "Officer of a political party" includes, but is not	151
limited to, any member, elected or appointed, of a controlling	152
committee, whether representing the territory of the state, a	153
district therein, a county, township, a city, a ward, a precinct,	154
or other territory, of a major, intermediate, or minor political	155
party.	156

(M) "Question or issue" means any question or issue certified	157
in accordance with the Revised Code for placement on an official	158
ballot at a general or special election to be held in this state.	159

(N) "Elector" or "qualified elector" means a person having	160
the qualifications provided by law to be entitled to vote.	161

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

162

(P) "Voting residence" means that place of residence of an	163
elector which shall determine the precinct in which the elector	164
may vote.	165

(Q) "Precinct" means a district within a county established	166
by the board of elections of such county within which all	167
qualified electors having a voting residence therein may vote at	168
the same polling place.	169

(R) "Polling place" means that place provided for each	170
precinct at which the electors having a voting residence in such	171
precinct may vote.	172

(S) "Board" or "board of elections" means the board of	173
elections appointed in a county pursuant to section 3501.06 of the	174
Revised Code.	175

(T) "Political subdivision" means a county, township, city,	176
village, or school district.	177

(U) "Election officer" or "election official" means any of	178
the following:	179

(1) Secretary of state;

180

(2) Employees of the secretary of state serving the division	181
of elections in the capacity of attorney, administrative officer,	182
administrative assistant, elections administrator, office manager,	183
or clerical supervisor;	184

(3) Director of a board of elections;

185

(4) Deputy director of a board of elections;

186

(5) Member of a board of elections;

187

(6) Employees of a board of elections;

188

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

189

(8) Employees appointed by the boards of elections on a	190
temporary or part-time basis.	191

(V) "Acknowledgment notice" means a notice sent by a board of	192
elections, on a form prescribed by the secretary of state,	193
informing a voter registration applicant or an applicant who	194
wishes to change the applicant's residence or name of the status	195
of the application; the information necessary to complete or	196
update the application, if any; and if the application is	197
complete, the precinct in which the applicant is to vote.	198

(W) "Confirmation notice" means a notice sent by a board of	199
elections, on a form prescribed by the secretary of state, to a	200
registered elector to confirm the registered elector's current	201
address.	202

(X) "Designated agency" means an office or agency in the	203
state that provides public assistance or that provides	204
state-funded programs primarily engaged in providing services to	205
persons with disabilities and that is required by the National	206
Voter Registration Act of 1993 to implement a program designed and	207
administered by the secretary of state for registering voters, or	208
any other public or government office or agency that implements a	209
program designed and administered by the secretary of state for	210
registering voters, including the department of job and family	211
services, the program administered under section 3701.132 of the	212
Revised Code by the department of health, the department of mental	213
health, the department of developmental disabilities, the	214
rehabilitation services commission, and any other agency the	215
secretary of state designates. "Designated agency" does not	216
include public high schools and vocational schools, public	217
libraries, or the office of a county treasurer.	218

(Y) "National Voter Registration Act of 1993" means the	219
"National Voter Registration Act of 1993," 107 Stat. 77, 42	220
U.S.C.A. 1973gg.	221

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	222
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	223

(AA) "Photo identification" means a document that meets each	224
of the following requirements:	225

(1) It shows the name of the individual to whom it was	226
issued, which shall conform to the name in the poll list or	227
signature pollbook.	228

(2) It shows the current address of the individual to whom it	229
was issued, which shall conform to the address in the poll list or	230
signature pollbook, except for a driver's license or a state	231
identification card issued under section 4507.50 of the Revised	232
Code, which may show either the current or former address of the	233
individual to whom it was issued, regardless of whether that	234
address conforms to the address in the poll list or signature	235
pollbook.	236

(3) It shows a photograph of the individual to whom it was	237
issued.	238

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

239

(5) It was issued by the government of the United States or	240
this state.	241

Sec. 3501.05. The secretary of state shall do all of the	242
following:	243

(A) Appoint all members of boards of elections;

244

(B) Issue instructions by directives and advisories in	245
accordance with section 3501.053 of the Revised Code to members of	246
the boards as to the proper methods of conducting elections.	247

(C) Prepare rules and instructions for the conduct of	248
elections;	249

(D) Publish and furnish to the boards from time to time a	250
sufficient number of indexed copies of all election laws then in	251
force;	252

(E) Edit and issue all pamphlets concerning proposed laws or	253
amendments required by law to be submitted to the voters;	254

(F) Prescribe the form of registration cards, blanks, and	255
records;	256

(G) Determine and prescribe the forms of ballots and the	257
forms of all blanks, cards of instructions, pollbooks, tally	258
sheets, certificates of election, and forms and blanks required by	259
law for use by candidates, committees, and boards;	260

(H) Prepare the ballot title or statement to be placed on the	261
ballot for any proposed law or amendment to the constitution to be	262
submitted to the voters of the state;	263

(I) Except as otherwise provided in section 3519.08 of the	264
Revised Code, certify to the several boards the forms of ballots	265
and names of candidates for state offices, and the form and	266
wording of state referendum questions and issues, as they shall	267
appear on the ballot;	268

(J) Except as otherwise provided in division (I)(2)(b) of	269
section 3501.38 of the Revised Code, give final approval to ballot	270
language for any local question or issue approved and transmitted	271
by boards of elections under section 3501.11 of the Revised Code;	272

(K) Receive all initiative and referendum petitions on state	273
questions and issues and determine and certify to the sufficiency	274
of those petitions;	275

(L) Require such reports from the several boards as are	276
provided by law, or as the secretary of state considers necessary;	277

(M) Compel the observance by election officers in the several	278
counties of the requirements of the election laws;	279

(N)(1) Except as otherwise provided in division (N)(2) of	280
this section, investigate the administration of election laws,	281
frauds, and irregularities in elections in any county, and report	282
violations of election laws to the attorney general or prosecuting	283
attorney, or both, for prosecution;	284

(2) On and after August 24, 1995, report a failure to comply	285
with or a violation of a provision in sections 3517.08 to 3517.13,	286
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	287
Revised Code, whenever the secretary of state has or should have	288
knowledge of a failure to comply with or a violation of a	289
provision in one of those sections, by filing a complaint with the	290
Ohio elections commission under section 3517.153 of the Revised	291
Code;	292

(O) Make an annual report to the governor containing the	293
results of elections, the cost of elections in the various	294
counties, a tabulation of the votes in the several political	295
subdivisions, and other information and recommendations relative	296
to elections the secretary of state considers desirable;	297

(P) Prescribe and distribute to boards of elections a list of	298
instructions indicating all legal steps necessary to petition	299
successfully for local option elections under sections 4301.32 to	300
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	301

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	302
for the removal by boards of elections of ineligible voters from	303
the statewide voter registration database and, if applicable, from	304
the poll list or signature pollbook used in each precinct, which	305
rules shall provide for all of the following:	306

(1) A process for the removal of voters who have changed	307
residence, which shall be uniform, nondiscriminatory, and in	308
compliance with the Voting Rights Act of 1965 and the National	309
Voter Registration Act of 1993, including a program that uses the	310
national change of address service provided by the United States	311
postal system through its licensees;	312

(2) A process for the removal of ineligible voters under	313
section 3503.21 of the Revised Code;	314

(3) A uniform system for marking or removing the name of a	315
voter who is ineligible to vote from the statewide voter	316
registration database and, if applicable, from the poll list or	317
signature pollbook used in each precinct and noting the reason for	318
that mark or removal.	319

(R) Prescribe a general program for registering voters or	320
updating voter registration information, such as name and	321
residence changes, by boards of elections, designated agencies,	322
offices of deputy registrars of motor vehicles, public high	323
schools and vocational schools, public libraries, and offices of	324
county treasurers consistent with the requirements of section	325
3503.09 of the Revised Code;	326

(S) Prescribe a program of distribution of voter registration	327
forms through boards of elections, designated agencies, offices of	328
the registrar and deputy registrars of motor vehicles, public high	329
schools and vocational schools, public libraries, and offices of	330
county treasurers;	331

(T) To the extent feasible, provide copies, at no cost and	332
upon request, of the voter registration form in post offices in	333
this state;	334

(U) Adopt rules pursuant to section 111.15 of the Revised	335
Code for the purpose of implementing the program for registering	336
voters through boards of elections, designated agencies, and the	337
offices of the registrar and deputy registrars of motor vehicles	338
consistent with this chapter;	339

(V) Establish the full-time position of Americans with	340
Disabilities Act coordinator within the office of the secretary of	341
state to do all of the following:	342

(1) Assist the secretary of state with ensuring that there is	343
equal access to polling places for persons with disabilities;	344

(2) Assist the secretary of state with ensuring that each	345
voter may cast the voter's ballot in a manner that provides the	346
same opportunity for access and participation, including privacy	347
and independence, as for other voters;	348

(3) Advise the secretary of state in the development of	349
standards for the certification of voting machines, marking	350
devices, and automatic tabulating equipment.	351

(W) Establish and maintain a computerized statewide database	352
of all legally registered voters under section 3503.15 of the	353
Revised Code that complies with the requirements of the "Help	354
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	355
and provide training in the operation of that system;	356

(X) Ensure that all directives, advisories, other	357
instructions, or decisions issued or made during or as a result of	358
any conference or teleconference call with a board of elections to	359
discuss the proper methods and procedures for conducting	360
elections, to answer questions regarding elections, or to discuss	361
the interpretation of directives, advisories, or other	362
instructions issued by the secretary of state are posted on a web	363
site of the office of the secretary of state as soon as is	364
practicable after the completion of the conference or	365
teleconference call, but not later than the close of business on	366
the same day as the conference or teleconference call takes place.	367

(Y) Publish a report on a web site of the office of the	368
secretary of state not later than one month after the completion	369
of the canvass of the election returns for each primary and	370
general election, identifying, by county, the number of absent	371
voter's ballots cast and the number of those ballots that were	372
counted, and the number of provisional ballots cast and the number	373
of those ballots that were counted, for that election. The	374
secretary of state shall maintain the information on the web site	375
in an archive format for each subsequent election.	376

(Z) Conduct voter education outlining voter identification,	377
absent voters ballot, provisional ballot, and other voting	378
requirements;	379

(AA) Establish a procedure by which a registered elector may	380
make available to a board of elections a more recent signature to	381
be used in the poll list or signature pollbook produced by the	382
board of elections of the county in which the elector resides;	383

(BB) Disseminate information, which may include all or part	384
of the official explanations and arguments, by means of direct	385
mail or other written publication, broadcast, or other means or	386
combination of means, as directed by the Ohio ballot board under	387
division (F) of section 3505.062 of the Revised Code, in order to	388
inform the voters as fully as possible concerning each proposed	389
constitutional amendment, proposed law, or referendum;	390

(CC) Be the single state office responsible for the	391
implementation of the "Uniformed and Overseas Citizens Absentee	392
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,	393
et seq., as amended, in this state. The secretary of state may	394
delegate to the boards of elections responsibilities for the	395
implementation of that act, including responsibilities arising	396
from amendments to that act made by the "Military and Overseas	397
Voter Empowerment Act," Subtitle H of the "National Defense	398
Authorization Act for Fiscal Year 2010," Pub. L. No. 111-84, 123	399
Stat. 3190.	400

(DD) Adopt rules, under Chapter 119. of the Revised Code, to	401
establish procedures and standards for determining when a board of	402
elections shall be placed under the official oversight of the	403
secretary of state, placing a board of elections under the	404
official oversight of the secretary of state, a board that is	405
under official oversight to transition out of official oversight,	406
and the secretary of state to supervise a board of elections that	407
is under official oversight of the secretary of state.	408

(EE) Perform other duties required by law.

409

Whenever a primary election is held under section 3513.32 of	410
the Revised Code or a special election is held under section	411
3521.03 of the Revised Code to fill a vacancy in the office of	412
representative to congress, the secretary of state shall establish	413
a deadline, notwithstanding any other deadline required under the	414
Revised Code, by which any or all of the following shall occur:	415
the filing of a declaration of candidacy and petitions or a	416
statement of candidacy and nominating petition together with the	417
applicable filing fee; the filing of protests against the	418
candidacy of any person filing a declaration of candidacy or	419
nominating petition; the filing of a declaration of intent to be a	420
write-in candidate; the filing of campaign finance reports; the	421
preparation of, and the making of corrections or challenges to,	422
precinct voter registration lists; the receipt of applications for	423
absent voter's ballots or ~~armed service~~uniformed services or	424
overseas absent voter's ballots; the supplying of election	425
materials to precincts by boards of elections; the holding of	426
hearings by boards of elections to consider challenges to the	427
right of a person to appear on a voter registration list; and the	428
scheduling of programs to instruct or reinstruct election	429
officers.	430

In the performance of the secretary of state's duties as the	431
chief election officer, the secretary of state may administer	432
oaths, issue subpoenas, summon witnesses, compel the production of	433
books, papers, records, and other evidence, and fix the time and	434
place for hearing any matters relating to the administration and	435
enforcement of the election laws.	436

In any controversy involving or arising out of the adoption	437
of registration or the appropriation of funds for registration,	438
the secretary of state may, through the attorney general, bring an	439
action in the name of the state in the court of common pleas of	440
the county where the cause of action arose or in an adjoining	441
county, to adjudicate the question.	442

In any action involving the laws in Title XXXV of the Revised	443
Code wherein the interpretation of those laws is in issue in such	444
a manner that the result of the action will affect the lawful	445
duties of the secretary of state or of any board of elections, the	446
secretary of state may, on the secretary of state's motion, be	447
made a party.	448

The secretary of state may apply to any court that is hearing	449
a case in which the secretary of state is a party, for a change of	450
venue as a substantive right, and the change of venue shall be	451
allowed, and the case removed to the court of common pleas of an	452
adjoining county named in the application or, if there are cases	453
pending in more than one jurisdiction that involve the same or	454
similar issues, the court of common pleas of Franklin county.	455

Public high schools and vocational schools, public libraries,	456
and the office of a county treasurer shall implement voter	457
registration programs as directed by the secretary of state	458
pursuant to this section.	459

Sec. 3501.051. (A) Notwithstanding any other section of the	460
Revised Code, the secretary of state may authorize, in one or more	461
precincts in one or more counties, a program allowing individuals	462
under the age of eighteen to enter the polling place and vote in a	463
simulated election held at the same time as a general election.	464
Any individual working in or supervising at a simulated election	465
may enter the polling place and remain within it during the entire	466
period the polls are open.	467

(B) A program established under division (A) of this section	468
shall require all of the following:	469

(1) That the duties imposed on ~~judges of~~precinct election	470
officials and peace officers under section 3501.33 of the Revised	471
Code be performed by those ~~judges~~officials and officers in regard	472
to simulated elections and all activities related to simulated	473
elections;	474

(2) That volunteers provide the personnel necessary to	475
conduct the simulated election, except that employees of the	476
secretary of state, employees or members of boards of elections,	477
and precinct election officials may aid in operating the program	478
to the extent permitted by the secretary of state;	479

(3) That individuals under the age of fourteen be accompanied	480
to the simulated election by an individual eighteen years of age	481
or over;	482

(4) Any other requirements the secretary of state considers	483
necessary for the orderly administration of the election process.	484

Sec. 3501.11. Each board of elections shall exercise by a	485
majority vote all powers granted to the board by Title XXXV of the	486
Revised Code, shall perform all the duties imposed by law, and	487
shall do all of the following:	488

(A) Establish, define, provide, rearrange, and combine	489
election precincts;	490

(B) Fix and provide the places for registration and for	491
holding primaries and elections;	492

(C) Provide for the purchase, preservation, and maintenance	493
of booths, ballot boxes, books, maps, flags, blanks, cards of	494
instructions, and other forms, papers, and equipment used in	495
registration, nominations, and elections;	496

(D) Appoint and remove its director, deputy director, and	497
employees and all registrars, ~~judges~~precinct election officials,	498
and other officers of elections, fill vacancies, and designate the	499
ward or district and precinct in which each shall serve;	500

(E) Make and issue rules and instructions, not inconsistent	501
with law or the rules, directives, or advisories issued by the	502
secretary of state, as it considers necessary for the guidance of	503
election officers and voters;	504

(F) Advertise and contract for the printing of all ballots	505
and other supplies used in registrations and elections;	506

(G) Provide for the issuance of all notices, advertisements,	507
and publications concerning elections, except as otherwise	508
provided in division (G) of section 3501.17 and divisions (F) and	509
(G) of section 3505.062 of the Revised Code;	510

(H) Provide for the delivery of ballots, pollbooks, and other	511
required papers and material to the polling places;	512

(I) Cause the polling places to be suitably provided with	513
voting machines, marking devices, automatic tabulating equipment,	514
stalls, and other required supplies. In fulfilling this duty, each	515
board of a county that uses voting machines, marking devices, or	516
automatic tabulating equipment shall conduct a full vote of the	517
board during a public session of the board on the allocation and	518
distribution of voting machines, marking devices, and automatic	519
tabulating equipment for each precinct in the county.	520

(J) Investigate irregularities, nonperformance of duties, or	521
violations of Title XXXV of the Revised Code by election officers	522
and other persons; administer oaths, issue subpoenas, summon	523
witnesses, and compel the production of books, papers, records,	524
and other evidence in connection with any such investigation; and	525
report the facts to the prosecuting attorney or the secretary of	526
state;	527

(K) Review, examine, and certify the sufficiency and validity	528
of petitions and nomination papers, and, after certification,	529
return to the secretary of state all petitions and nomination	530
papers that the secretary of state forwarded to the board;	531

(L) Receive the returns of elections, canvass the returns,	532
make abstracts of them, and transmit those abstracts to the proper	533
authorities;	534

(M) Issue certificates of election on forms to be prescribed	535
by the secretary of state;	536

(N) Make an annual report to the secretary of state, on the	537
form prescribed by the secretary of state, containing a statement	538
of the number of voters registered, elections held, votes cast,	539
appropriations received, expenditures made, and other data	540
required by the secretary of state;	541

(O) Prepare and submit to the proper appropriating officer a	542
budget estimating the cost of elections for the ensuing fiscal	543
year;	544

(P) Perform other duties as prescribed by law or the rules,	545
directives, or advisories of the secretary of state;	546

(Q) Investigate and determine the residence qualifications of	547
electors;	548

(R) Administer oaths in matters pertaining to the	549
administration of the election laws;	550

(S) Prepare and submit to the secretary of state, whenever	551
the secretary of state requires, a report containing the names and	552
residence addresses of all incumbent county, municipal, township,	553
and board of education officials serving in their respective	554
counties;	555

(T) Establish and maintain a voter registration database of	556
all qualified electors in the county who offer to register;	557

(U) Maintain voter registration records, make reports	558
concerning voter registration as required by the secretary of	559
state, and remove ineligible electors from voter registration	560
lists in accordance with law and directives of the secretary of	561
state;	562

(V) Give approval to ballot language for any local question	563
or issue and transmit the language to the secretary of state for	564
the secretary of state's final approval;	565

(W) Prepare and cause the following notice to be displayed in	566
a prominent location in every polling place:	567

"NOTICE	568

Ohio law prohibits any person from voting or attempting to	569
vote more than once at the same election.	570

Violators are guilty of a felony of the fourth degree and	571
shall be imprisoned and additionally may be fined in accordance	572
with law."	573

(X) In all cases of a tie vote or a disagreement in the	574
board, if no decision can be arrived at, the director or	575
chairperson shall submit the matter in controversy, not later than	576
fourteen days after the tie vote or the disagreement, to the	577
secretary of state, who shall summarily decide the question, and	578
the secretary of state's decision shall be final.	579

(Y) Assist each designated agency, deputy registrar of motor	580
vehicles, public high school and vocational school, public	581
library, and office of a county treasurer in the implementation of	582
a program for registering voters at all voter registration	583
locations as prescribed by the secretary of state. Under this	584
program, each board of elections shall direct to the appropriate	585
board of elections any voter registration applications for persons	586
residing outside the county where the board is located within five	587
days after receiving the applications.	588

(Z) On any day on which an elector may vote in person at the	589
office of the board or at another site designated by the board,	590
consider the board or other designated site a polling place for	591
that day. All requirements or prohibitions of law that apply to a	592
polling place shall apply to the office of the board or other	593
designated site on that day.	594

(AA) Perform any duties with respect to voter registration	595
and voting by uniformed services and overseas voters that are	596
delegated to the board by law or by the rules, directives, or	597
advisories of the secretary of state.	598

Sec. 3501.13. (A) The director of the board of elections	599
shall keep a full and true record of the proceedings of the board	600
and of all moneys received and expended; file and preserve in the	601
board's office all orders and records pertaining to the	602
administration of registrations, primaries, and elections; receive	603
and have the custody of all books, papers, and property belonging	604
to the board; and perform other duties in connection with the	605
office of director and the proper conduct of elections as the	606
board determines.	607

(B) Before entering upon the duties of the office, the	608
director shall subscribe to an oath that the director will support	609
the Constitution of the United States and the Ohio Constitution,	610
perform all the duties of the office to the best of the director's	611
ability, enforce the election laws, and preserve all records,	612
documents, and other property pertaining to the conduct of	613
elections placed in the director's custody.	614

(C) The director may administer oaths to persons required by	615
law to file certificates or other papers with the board, to ~~judges~~	616
~~of elections~~precinct election officials, to witnesses who are	617
called to testify before the board, and to voters filling out	618
blanks at the board's offices. Except as otherwise provided by	619
state or federal law, the records of the board and papers and	620
books filed in its office are public records and open to	621
inspection under such reasonable regulations as shall be	622
established by the board. The following notice shall be posted in	623
a prominent place at each board office:	624

"Except as otherwise provided by state or federal law,	625
records filed in this office of the board of elections are open to	626
public inspection during normal office hours, pursuant to the	627
following reasonable regulations: (the board shall here list its	628
regulations). Whoever prohibits any person from inspecting the	629
public records of this board is subject to the penalties of	630
section 3599.161 of the Revised Code."	631

(D) Upon receipt of a written declaration of intent to retire	632
as provided for in section 145.38 of the Revised Code, the	633
director shall provide a copy to each member of the board of	634
elections.	635

Sec. 3501.17. (A) The expenses of the board of elections	636
shall be paid from the county treasury, in pursuance of	637
appropriations by the board of county commissioners, in the same	638
manner as other county expenses are paid. If the board of county	639
commissioners fails to appropriate an amount sufficient to provide	640
for the necessary and proper expenses of the board of elections	641
pertaining to the conduct of elections, the board of elections may	642
apply to the court of common pleas within the county, which shall	643
fix the amount necessary to be appropriated and the amount shall	644
be appropriated. Payments shall be made upon vouchers of the board	645
of elections certified to by its chairperson or acting chairperson	646
and the director or deputy director, upon warrants of the county	647
auditor.	648

The board of elections shall not incur any obligation	649
involving the expenditure of money unless there are moneys	650
sufficient in the funds appropriated therefor to meet the	651
obligation. If the board of elections requests a transfer of funds	652
from one of its appropriation items to another, the board of	653
county commissioners shall adopt a resolution providing for the	654
transfer except as otherwise provided in section 5705.40 of the	655
Revised Code. The expenses of the board of elections shall be	656
apportioned among the county and the various subdivisions as	657
provided in this section, and the amount chargeable to each	658
subdivision shall be withheld by the county auditor from the	659
moneys payable thereto at the time of the next tax settlement. At	660
the time of submitting budget estimates in each year, the board of	661
elections shall submit to the taxing authority of each	662
subdivision, upon the request of the subdivision, an estimate of	663
the amount to be withheld from the subdivision during the next	664
fiscal year.	665

A board of township trustees may, by resolution, request that	666
the county auditor withhold expenses charged to the township from	667
a specified township fund that is to be credited with revenue at a	668
tax settlement. The resolution shall specify the tax levy ballot	669
issue, the date of the election on the levy issue, and the	670
township fund from which the expenses the board of elections	671
incurs related to that ballot issue shall be withheld.	672

(B) Except as otherwise provided in division (F) of this	673
section, the compensation of the members of the board of elections	674
and of the director, deputy director, and regular employees in the	675
board's offices, other than compensation for overtime worked; the	676
expenditures for the rental, furnishing, and equipping of the	677
office of the board and for the necessary office supplies for the	678
use of the board; the expenditures for the acquisition, repair,	679
care, and custody of the polling places, booths, guardrails, and	680
other equipment for polling places; the cost of tally sheets,	681
maps, flags, ballot boxes, and all other permanent records and	682
equipment; the cost of all elections held in and for the state and	683
county; and all other expenses of the board which are not	684
chargeable to a political subdivision in accordance with this	685
section shall be paid in the same manner as other county expenses	686
are paid.	687

(C) The compensation of ~~judges of elections~~precinct election	688
officials and intermittent employees in the board's offices; the	689
cost of renting, moving, heating, and lighting polling places and	690
of placing and removing ballot boxes and other fixtures and	691
equipment thereof, including voting machines, marking devices, and	692
automatic tabulating equipment; the cost of printing and	693
delivering ballots, cards of instructions, registration lists	694
required under section 3503.23 of the Revised Code, and other	695
election supplies, including the supplies required to comply with	696
division (H) of section 3506.01 of the Revised Code; the cost of	697
contractors engaged by the board to prepare, program, test, and	698
operate voting machines, marking devices, and automatic tabulating	699
equipment; and all other expenses of conducting primaries and	700
elections in the odd-numbered years shall be charged to the	701
subdivisions in and for which such primaries or elections are	702
held. The charge for each primary or general election in	703
odd-numbered years for each subdivision shall be determined in the	704
following manner: first, the total cost of all chargeable items	705
used in conducting such elections shall be ascertained; second,	706
the total charge shall be divided by the number of precincts	707
participating in such election, in order to fix the cost per	708
precinct; third, the cost per precinct shall be prorated by the	709
board of elections to the subdivisions conducting elections for	710
the nomination or election of offices in such precinct; fourth,	711
the total cost for each subdivision shall be determined by adding	712
the charges prorated to it in each precinct within the	713
subdivision.	714

(D) The entire cost of special elections held on a day other	715
than the day of a primary or general election, both in	716
odd-numbered or in even-numbered years, shall be charged to the	717
subdivision. Where a special election is held on the same day as a	718
primary or general election in an even-numbered year, the	719
subdivision submitting the special election shall be charged only	720
for the cost of ballots and advertising. Where a special election	721
is held on the same day as a primary or general election in an	722
odd-numbered year, the subdivision submitting the special election	723
shall be charged for the cost of ballots and advertising for such	724
special election, in addition to the charges prorated to such	725
subdivision for the election or nomination of candidates in each	726
precinct within the subdivision, as set forth in the preceding	727
paragraph.	728

(E) Where a special election is held on the day specified by	729
division (E) of section 3501.01 of the Revised Code for the	730
holding of a primary election, for the purpose of submitting to	731
the voters of the state constitutional amendments proposed by the	732
general assembly, and a subdivision conducts a special election on	733
the same day, the entire cost of the special election shall be	734
divided proportionally between the state and the subdivision based	735
upon a ratio determined by the number of issues placed on the	736
ballot by each, except as otherwise provided in division (G) of	737
this section. Such proportional division of cost shall be made	738
only to the extent funds are available for such purpose from	739
amounts appropriated by the general assembly to the secretary of	740
state. If a primary election is also being conducted in the	741
subdivision, the costs shall be apportioned as otherwise provided	742
in this section.	743

(F) When a precinct is open during a general, primary, or	744
special election solely for the purpose of submitting to the	745
voters a statewide ballot issue, the state shall bear the entire	746
cost of the election in that precinct and shall reimburse the	747
county for all expenses incurred in opening the precinct.	748

(G)(1) The state shall bear the entire cost of advertising in	749
newspapers statewide ballot issues, explanations of those issues,	750
and arguments for or against those issues, as required by Section	751
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	752
and any other section of law. Appropriations made to the	753
controlling board shall be used to reimburse the secretary of	754
state for all expenses the secretary of state incurs for such	755
advertising under division (G) of section 3505.062 of the Revised	756
Code.	757

(2) There is hereby created in the state treasury the	758
statewide ballot advertising fund. The fund shall receive	759
transfers approved by the controlling board, and shall be used by	760
the secretary of state to pay the costs of advertising state	761
ballot issues as required under division (G)(1) of this section.	762
Any such transfers may be requested from and approved by the	763
controlling board prior to placing the advertising, in order to	764
facilitate timely provision of the required advertising.	765

(H) The cost of renting, heating, and lighting registration	766
places; the cost of the necessary books, forms, and supplies for	767
the conduct of registration; and the cost of printing and posting	768
precinct registration lists shall be charged to the subdivision in	769
which such registration is held.	770

(I) At the request of a majority of the members of the board	771
of elections, the board of county commissioners may, by	772
resolution, establish an elections revenue fund. Except as	773
otherwise provided in this division, the purpose of the fund shall	774
be to accumulate revenue withheld by or paid to the county under	775
this section for the payment of any expense related to the duties	776
of the board of elections specified in section 3501.11 of the	777
Revised Code, upon approval of a majority of the members of the	778
board of elections. The fund shall not accumulate any revenue	779
withheld by or paid to the county under this section for the	780
compensation of the members of the board of elections or of the	781
director, deputy director, or other regular employees in the	782
board's offices, other than compensation for overtime worked.	783

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	784
Revised Code, the board of county commissioners may, by	785
resolution, transfer money to the elections revenue fund from any	786
other fund of the political subdivision from which such payments	787
lawfully may be made. Following an affirmative vote of a majority	788
of the members of the board of elections, the board of county	789
commissioners may, by resolution, rescind an elections revenue	790
fund established under this division. If an elections revenue fund	791
is rescinded, money that has accumulated in the fund shall be	792
transferred to the county general fund.	793

(J) As used in this section:

794

(1) "Political subdivision" and "subdivision" mean any board	795
of county commissioners, board of township trustees, legislative	796
authority of a municipal corporation, board of education, or any	797
other board, commission, district, or authority that is empowered	798
to levy taxes or permitted to receive the proceeds of a tax levy,	799
regardless of whether the entity receives tax settlement moneys as	800
described in division (A) of this section;	801

(2) "Statewide ballot issue" means any ballot issue, whether	802
proposed by the general assembly or by initiative or referendum,	803
that is submitted to the voters throughout the state.	804

Sec. 3501.22. (A) On or before the fifteenth day of	805
September in each year, the board of elections by a majority vote	806
shall, after careful examination and investigation as to their	807
qualifications, appoint for each election precinct four residents	808
of the county in which the precinct is located, as ~~judges~~precinct	809
election officials. Except as otherwise provided in division (C)	810
of this section, all ~~judges of~~precinct election officials shall	811
be qualified electors. The ~~judges~~precinct election officials	812
shall constitute the election officers of the precinct. Not more	813
than one-half of the total number of ~~judges~~precinct election	814
officials shall be members of the same political party. The term	815
of such precinct officers shall be for one year. The board may, at	816
any time, designate any number of election officers, not more than	817
one-half of whom shall be members of the same political party, to	818
perform their duties at any precinct in any election. The board	819
may appoint additional officials, equally divided between the two	820
major political parties, when necessary to expedite voting. If the	821
board of elections determines that four precinct election	822
officials are not required in a precinct for a special election,	823
the board of elections may select two of the precinct's election	824
officers, who are not members of the same political party, to	825
serve as the precinct election officials for that precinct in that	826
special election.	827

Vacancies for unexpired terms shall be filled by the board.	828
When new precincts have been created, the board shall appoint	829
~~judges~~precinct election officials for those precincts for the	830
unexpired term. Any ~~judge~~precinct election official may be	831
summarily removed from office at any time by the board for neglect	832
of duty, malfeasance, or misconduct in office or for any other	833
good and sufficient reason.	834

Precinct election officials shall perform all of the duties	835
provided by law for receiving the ballots and supplies, opening	836
and closing the polls, and overseeing the casting of ballots	837
during the time the polls are open, and any other duties required	838
by section 3501.26 of the Revised Code.	839

A board of elections may designate two precinct election	840
officials as counting officials to count and tally the votes cast	841
and certify the results of the election at each precinct, and	842
perform other duties as provided by law. To expedite the counting	843
of votes at each precinct, the board may appoint additional	844
officials, not more than one-half of whom shall be members of the	845
same political party.	846

The board shall designate one of the precinct election	847
officials ~~who is a member of the dominant political party~~ to serve	848
as a ~~presiding judge, whose~~voting location manager. The voting	849
location manager shall be a member of the political party whose	850
candidate received the highest number of votes for governor in the	851
precincts whose polling places are located at the applicable	852
voting location, when tallying the combined vote for governor for	853
all such precincts. It is the duty ~~it is~~of the voting location	854
manager to deliver the returns of the election and all supplies to	855
the office of the board. For these services, the ~~presiding judge~~	856
voting location manager shall receive additional compensation in	857
an amount, consistent with section 3501.28 of the Revised Code,	858
determined by the board of elections.	859

The board shall issue to each precinct election official a	860
certificate of appointment, which the official shall present to	861
the ~~presiding judge~~voting location manager at the time the polls	862
are opened.	863

(B) If the board of elections determines that not enough	864
qualified electors in a precinct are available to serve as	865
precinct officers, it may appoint persons to serve as precinct	866
officers at a primary, special, or general election who are at	867
least seventeen years of age and are registered to vote in	868
accordance with section 3503.07 of the Revised Code.	869

(C)(1) A board of elections, in conjunction with the board of	870
education of a city, local, or exempted village school district,	871
the governing authority of a community school established under	872
Chapter 3314. of the Revised Code, or the chief administrator of a	873
nonpublic school may establish a program permitting certain high	874
school students to apply and, if appointed by the board of	875
elections, to serve as precinct officers at a primary, special, or	876
general election.	877

In addition to the requirements established by division	878
(C)(2) of this section, a board of education, governing authority,	879
or chief administrator that establishes a program under this	880
division in conjunction with a board of elections may establish	881
additional criteria that students shall meet to be eligible to	882
participate in that program.	883

(2)(a) To be eligible to participate in a program established	884
under division (C)(1) of this section, a student shall be a United	885
States citizen, a resident of the county, at least seventeen years	886
of age, and enrolled in the senior year of high school.	887

(b) Any student applying to participate in a program	888
established under division (C)(1) of this section, as part of the	889
student's application process, shall declare the student's	890
political party affiliation with the board of elections.	891

(3) No student appointed as a precinct officer pursuant to a	892
program established under division (C)(1) of this section shall be	893
designated as a ~~presiding judge~~voting location manager.	894

(4) Any student participating in a program established under	895
division (C)(1) of this section shall be excused for that	896
student's absence from school on the day of an election at which	897
the student is serving as a precinct officer.	898

(D) In any precinct with six or more precinct officers, up to	899
two students participating in a program established under division	900
(C)(1) of this section who are under eighteen years of age may	901
serve as precinct officers. Not more than one precinct officer in	902
any given precinct with fewer than six precinct officers shall be	903
under eighteen years of age.	904

Sec. 3501.26. When the polls are closed after a primary,	905
general, or special election, the receiving officials shall, in	906
the presence of the counting officials and attending observers,	907
proceed as follows:	908

(A) Count the number of electors who voted, as shown on the	909
poll books;	910

(B) Count the unused ballots without removing stubs;

911

912

(D) Insert the totals of divisions (A), (B), and (C) of this	913
section on the report forms provided therefor in the poll books;	914

(E) Count the voted ballots. If the number of voted ballots	915
exceeds the number of voters whose names appear upon the poll	916
books, the ~~presiding judge~~voting location manager shall enter on	917
the poll books an explanation of that discrepancy, and that	918
explanation, if agreed to, shall be subscribed to by all of the	919
~~judges~~precinct election officials. Any ~~judge~~precinct official	920
having a different explanation shall enter it in the poll books	921
and subscribe to it.	922

(F) Put the unused ballots with stubs attached, and soiled	923
and defaced ballots with stubs attached, in the envelopes or	924
containers provided therefor, and certify the number.	925

The receiving officials shall deliver to and place in the	926
custody of the counting officials all the supplies provided for	927
the conduct of that election and the ballots that are to be	928
counted and tallied, and take a receipt for the same, which	929
receipt shall appear in and be a part of the poll books of such	930
precinct. Having performed their duties, the receiving officials	931
shall immediately depart.	932

Having receipted for the ballots, the counting officials	933
shall proceed to count and tally the vote as cast in the manner	934
prescribed by section 3505.27 of the Revised Code and certify the	935
result of the election to the board of elections.	936

Sec. 3501.27. (A) All ~~judges of~~precinct election officials	937
shall complete a program of instruction pursuant to division (B)	938
of this section. No person who has been convicted of a felony or	939
any violation of the election laws, who is unable to read and	940
write the English language readily, or who is a candidate for an	941
office to be voted for by the voters of the precinct in which the	942
person is to serve shall serve as an election officer. A person	943
when appointed as an election officer shall receive from the board	944
of elections a certificate of appointment that may be revoked at	945
any time by the board for good and sufficient reasons. The	946
certificate shall be in the form the board prescribes and shall	947
specify the precinct, ward, or district in and for which the	948
person to whom it is issued is appointed to serve, the date of	949
appointment, and the expiration of the person's term of service.	950

(B) Each board shall establish a program as prescribed by the	951
secretary of state for the instruction of election officers in the	952
rules, procedures, and law relating to elections. In each program,	953
the board shall use training materials prepared by the secretary	954
of state and may use additional materials prepared by or on behalf	955
of the board. The board may use the services of unpaid volunteers	956
in conducting its program and may reimburse those volunteers for	957
necessary and actual expenses incurred in participating in the	958
program.	959

The board shall train each new election officer before the	960
new officer participates in the first election in that capacity.	961
The board shall instruct election officials who have been trained	962
previously only when the board or secretary of state considers	963
that instruction necessary, but the board shall reinstruct such	964
persons, other than ~~presiding judges~~voting location managers, at	965
least once in every three years and shall reinstruct ~~presiding~~	966
~~judges~~voting location managers before the primary election in	967
even-numbered years. The board shall schedule any program of	968
instruction within sixty days prior to the election in which the	969
officials to be trained will participate.	970

(C) The duties of a ~~judge of an~~precinct election official in	971
each polling place shall be performed only by an individual who	972
has successfully completed the requirements of the program, unless	973
such an individual is unavailable after reasonable efforts to	974
obtain such services.	975

(D) The secretary of state shall establish a program for the	976
instruction of members of boards of elections and employees of	977
boards in the rules, procedures, and law relating to elections.	978
Each member and employee shall complete the training program	979
within six months after the member's or employee's original	980
appointment or employment, and thereafter each member and employee	981
shall complete a training program to update their knowledge once	982
every four years or more often as determined by the secretary of	983
state.	984

(E) The secretary of state shall reimburse each county for	985
the cost of programs established pursuant to division (B) of this	986
section, once the secretary of state has received an itemized	987
statement of expenses for such instruction programs from the	988
county. The itemized statement shall be in a form prescribed by	989
the secretary of state.	990

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

991

(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor	992
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as	993
amended.	994

(2) "Full election day" means the period of time between the	995
opening of the polls and the completion of the procedures	996
contained in section 3501.26 of the Revised Code.	997

(3) "Services" means services at each general, primary, or	998
special election.	999

(B) ~~Beginning with calendar year 1998, each judge of an~~	1000
~~election in a county shall be paid for the judge's services at the~~	1001
~~same hourly rate, which shall be not less than the minimum hourly~~	1002
~~rate established by the Fair Labor Standards Act and not more than~~	1003
~~eighty-five dollars per diem.~~	1004

~~(C)~~ Beginning with calendar year 2004, each ~~judge of an~~	1005
precinct election official in a county shall be paid for the	1006
~~judge's~~official's services at the same hourly rate, which shall	1007
be not less than the minimum hourly rate established by the Fair	1008
Labor Standards Act and not more than ninety-five dollars per	1009
diem.	1010

~~(D)~~(C) The secretary of state shall establish, by rule	1011
adopted under section 111.15 of the Revised Code, the maximum	1012
amount of per diem compensation that may be paid to ~~judges of an~~	1013
precinct election officials under this section each time the Fair	1014
Labor Standards Act is amended to increase the minimum hourly rate	1015
established by the act. Upon learning of such an increase, the	1016
secretary of state shall determine by what percentage the minimum	1017
hourly rate has been increased under the act and establish a new	1018
maximum amount of per diem compensation that ~~judges of an~~precinct	1019
election officials may be paid under this section that is	1020
increased by the same percentage that the minimum hourly rate has	1021
been increased under the act.	1022

~~(E)~~(D)(1)(a) No board of elections shall increase the pay of	1023
a ~~judge of an~~precinct election official under this section	1024
during a calendar year unless the board has given written notice	1025
of the proposed increase to the board of county commissioners not	1026
later than the first day of October of the preceding calendar	1027
year.	1028

(b) Except as otherwise provided in division ~~(E)~~(D)(2) of	1029
this section, a board of elections may increase the pay of a ~~judge~~	1030
~~of an~~precinct election official during a calendar year by up to,	1031
but not exceeding, nine per cent over the compensation paid to a	1032
~~judge of an~~precinct election official in the county where the	1033
board is located during the previous calendar year, if the	1034
compensation so paid during the previous calendar year was	1035
eighty-five dollars or less per diem.	1036

(c) Except as otherwise provided in division ~~(E)~~(D)(2) of	1037
this section, a board of elections may increase the pay of a ~~judge~~	1038
~~of an~~precinct election official during a calendar year by up to,	1039
but not exceeding, four and one-half per cent over the	1040
compensation paid to a ~~judge of an~~precinct election official in	1041
the county where the board is located during the previous calendar	1042
year, if the compensation so paid during the previous calendar	1043
year was more than eighty-five but less than ninety-five dollars	1044
per diem.	1045

(2) The board of county commissioners may review and comment	1046
upon a proposed increase and may enter into a written agreement	1047
with a board of elections to permit an increase in the	1048
compensation paid to ~~judges of an~~precinct election officials for	1049
their services during a calendar year that is greater than the	1050
applicable percentage limitation described in division (E)(1)(b)	1051
or (c) of this section.	1052

~~(F)~~(E) No ~~judge of an~~precinct election official who works	1053
less than the full election day shall be paid the maximum amount	1054
allowed under this section or the maximum amount as set by the	1055
board of elections, whichever is less.	1056

~~(G)~~(F)(1) Except as otherwise provided in divisions ~~(G)~~(F)(4)	1057
to (6) of this section, any employee of the state or of any	1058
political subdivision of the state may serve as a ~~judge of~~	1059
~~elections~~precinct election official on the day of an election	1060
without loss of the employee's regular compensation for that day	1061
as follows:	1062

(a) For employees of a county office, department, commission,	1063
board, or other entity, or of a court of common pleas, county	1064
court, or county-operated municipal court, as defined in section	1065
1901.03 of the Revised Code, the employee's appointing authority	1066
may permit leave with pay for this service in accordance with a	1067
resolution setting forth the terms and conditions for that leave	1068
passed by the board of county commissioners.	1069

(b) For all other employees of a political subdivision of the	1070
state, leave with pay for this service shall be subject to the	1071
terms and conditions set forth in an ordinance or a resolution	1072
passed by the legislative authority of the applicable political	1073
subdivision.	1074

(c) For state employees, leave with pay for this service	1075
shall be subject to the terms and conditions set forth by the head	1076
of the state agency, as defined in section 1.60 of the Revised	1077
Code, by which the person is employed.	1078

(2) Any terms and conditions set forth by a board of county	1079
commissioners, legislative authority of a political subdivision,	1080
or head of a state agency under division (G)(1) of this section	1081
shall include a standard procedure for deciding which employees	1082
are permitted to receive leave with pay if multiple employees of	1083
an entity or court described in division (G)(1)(a) of this	1084
section, of an entity of a political subdivision described in	1085
division (G)(1)(b) of this section, or of a state agency as	1086
defined in section 1.60 of the Revised Code apply to serve as a	1087
~~judge of elections~~precinct election official on the day of an	1088
election. This procedure shall be applied uniformly to all	1089
similarly situated employees.	1090

(3) Any employee who is eligible for leave with pay under	1091
division (G)(1) of this section shall receive, in addition to the	1092
employee's regular compensation, the compensation paid to the	1093
~~judge of an~~precinct election official under division (B),or (C),	1094
~~or (D)~~ of this section.	1095

(4) Division ~~(G)~~(F)(1) of this section does not apply to	1096
either of the following:	1097

(a) Election officials;

1098

(b) Public school teachers.

1099

(5) Nothing in division ~~(G)~~(F)(1) of this section supersedes	1100
or negates any provision of a collective bargaining agreement in	1101
effect under Chapter 4117. of the Revised Code.	1102

(6) If a board of county commissioners, legislative authority	1103
of a political subdivision, or head of a state agency fails to set	1104
forth any terms and conditions under division ~~(G)~~(F)(1) of this	1105
section, an employee of an entity or court described in division	1106
~~(G)~~(F)(1)(a) of this section, of an entity of a political	1107
subdivision described in division ~~(G)~~(F)(1)(b) of this section, or	1108
of a state agency as defined in section 1.60 of the Revised Code	1109
may use personal leave, vacation leave, or compensatory time, or	1110
take unpaid leave, to serve as a ~~judge of elections~~precinct	1111
election official on the day of an election.	1112

~~(H)~~(G) The board of elections may withhold the compensation	1113
of any precinct election official for failure to obey the	1114
instructions of the board or to comply with the law relating to	1115
the duties of ~~such~~a precinct ~~judge~~election official. Any payment	1116
a ~~judge of an~~precinct election official is entitled to receive	1117
under section 3501.36 of the Revised Code is in addition to the	1118
compensation the ~~judge~~official is entitled to receive under this	1119
section.	1120

Sec. 3501.29. (A) The board of elections shall provide for	1121
each precinct a polling place and provide adequate facilities at	1122
each polling place for conducting the election. The board shall	1123
provide a sufficient number of screened or curtained voting	1124
compartments to which electors may retire and conveniently mark	1125
their ballots, protected from the observation of others. Each	1126
voting compartment shall be provided at all times with writing	1127
implements, instructions how to vote, and other necessary	1128
conveniences for marking the ballot. The ~~presiding judge~~voting	1129
location manager shall ensure that the voting compartments at all	1130
times are adequately lighted and contain the necessary supplies.	1131
The board shall utilize, in so far as practicable, rooms in public	1132
schools and other public buildings for polling places. Upon	1133
application of the board of elections, the authority which has the	1134
control of any building or grounds supported by taxation under the	1135
laws of this state, shall make available the necessary space	1136
therein for the purpose of holding elections and adequate space	1137
for the storage of voting machines, without charge for the use	1138
thereof. A reasonable sum may be paid for necessary janitorial	1139
service. When polling places are established in private buildings,	1140
the board may pay a reasonable rental therefor, and also the cost	1141
of liability insurance covering the premises when used for	1142
election purposes, or the board may purchase a single liability	1143
policy covering the board and the owners of the premises when used	1144
for election purposes. When removable buildings are supplied by	1145
the board, they shall be constructed under the contract let to the	1146
lowest and best bidder, and the board shall observe all ordinances	1147
and regulations then in force as to safety. The board shall remove	1148
all such buildings from streets and other public places within	1149
thirty days after an election, unless another election is to be	1150
held within ninety days.	1151

(B)(1) Except as otherwise provided in this section, the	1152
board shall ensure all of the following:	1153

(a) That polling places are free of barriers that would	1154
impede ingress and egress of handicapped persons;	1155

(b) That the minimum number of special parking locations,	1156
also known as handicapped parking spaces or disability parking	1157
spaces, for handicapped persons are designated at each polling	1158
place in accordance with 28 C.F.R. Part 36, Appendix A, and in	1159
compliance with division (E) of section 4511.69 of the Revised	1160
Code.;	1161

(c) That the entrances of polling places are level or are	1162
provided with a nonskid ramp of not over eight per cent gradient;	1163

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

1164

(2) Notwithstanding division (B)(1)(a), (c), or (d) of this	1165
section, certain polling places may be specifically exempted by	1166
the secretary of state upon certification by a board of elections	1167
that a good faith, but unsuccessful, effort has been made to	1168
modify, or change the location of, such polling places.	1169

(C) At any polling place that is exempted from compliance by	1170
the secretary of state, the board of elections shall permit any	1171
handicapped elector who travels to that elector's polling place,	1172
but who is unable to enter the polling place, to vote, with the	1173
assistance of two polling place officials of major political	1174
parties, in the vehicle that conveyed that elector to the polling	1175
place, or to receive and cast that elector's ballot at the door of	1176
the polling place.	1177

(D) The secretary of state shall:

1178

(1) Work with other state agencies to facilitate the	1179
distribution of information and technical assistance to boards of	1180
elections to meet the requirements of division (B) of this	1181
section;	1182

(2) Work with organizations that represent or provide	1183
services to handicapped, disabled, or elderly citizens to effect a	1184
wide dissemination of information about the availability of	1185
absentee voting, voting in the voter's vehicle or at the door of	1186
the polling place, or other election services to handicapped,	1187
disabled, or elderly citizens.	1188

(E) Before the day of an election, the director of the board	1189
of elections of each county shall sign a statement verifying that	1190
each polling place that will be used in that county at that	1191
election meets the requirements of division (B)(1)(b) of this	1192
section. The signed statement shall be sent to the secretary of	1193
state by certified mail or electronically.	1194

(F) As used in this section, "handicapped" means having lost	1195
the use of one or both legs, one or both arms, or any combination	1196
thereof, or being blind or so severely disabled as to be unable to	1197
move about without the aid of crutches or a wheelchair.	1198

Sec. 3501.30. (A) The board of elections shall provide for	1199
each polling place the necessary ballot ~~boxes~~box, official	1200
ballots, cards of instructions, registration forms, pollbooks or	1201
poll lists, tally sheets, forms on which to make summary	1202
statements, writing implements, paper, and all other supplies	1203
necessary for casting and counting the ballots and recording the	1204
results of the voting at the polling place. The pollbooks or poll	1205
lists shall have certificates appropriately printed on them for	1206
the signatures of all the precinct officials, by which they shall	1207
certify that, to the best of their knowledge and belief, the	1208
pollbooks or poll lists correctly show the names of all electors	1209
who voted in the polling place at the election indicated in the	1210
pollbooks or poll lists.	1211

All of the following shall be included among the supplies	1212
provided to each polling place:	1213

(1) A large map of each appropriate precinct, which shall be	1214
displayed prominently to assist persons who desire to register or	1215
vote on election day. Each map shall show all streets within the	1216
precinct and contain identifying symbols of the precinct in bold	1217
print.	1218

(2) Any materials, postings, or instructions required to	1219
comply with state or federal laws;	1220

(3) A flag of the United States approximately two and	1221
one-half feet in length along the top, which shall be displayed	1222
outside the entrance to the polling place during the time it is	1223
open for voting;	1224

(4) Two or more small flags of the United States	1225
approximately fifteen inches in length along the top, which shall	1226
be placed at a distance of one hundred feet from the polling place	1227
on the thoroughfares or walkways leading to the polling place, to	1228
mark the distance within which persons other than election	1229
officials, observers, police officers, and electors waiting to	1230
mark, marking, or casting their ballots shall not loiter,	1231
congregate, or engage in any kind of election campaigning. Where	1232
small flags cannot reasonably be placed one hundred feet from the	1233
polling place, the ~~presiding election judge~~voting location	1234
manager shall place the flags as near to one hundred feet from the	1235
entrance to the polling place as is physically possible. Police	1236
officers and all election officials shall see that this	1237
prohibition against loitering and congregating is enforced.	1238

When the period of time during which the polling place is	1239
open for voting expires, all of the flags described in this	1240
division shall be taken into the polling place and shall be	1241
returned to the board together with all other election supplies	1242
required to be delivered to the board.	1243

(B) The board of elections shall follow the instructions and	1244
advisories of the secretary of state in the production and use of	1245
polling place supplies.	1246

Sec. 3501.31. The board of elections shall mail to each	1247
precinct election official notice of the date, hours, and place of	1248
holding each election in the official's respective precinct at	1249
which it desires the official to serve. Each of such officials	1250
shall notify the board immediately upon receipt of such notice of	1251
any inability to serve.	1252

The election official designated as ~~presiding judge~~voting	1253
location manager under section 3501.22 of the Revised Code shall	1254
call at the office of the board at such time before the day of the	1255
election, not earlier than the tenth day before the day of the	1256
election, as the board designates to obtain the ballots,	1257
pollbooks, registration forms and lists, and other material to be	1258
used in the official's polling place on election day.	1259

The board may also provide for the delivery of such materials	1260
to polling places in a municipal corporation by members of the	1261
police department of such municipal corporation; or the board may	1262
provide for the delivery of such materials to the ~~presiding judge~~	1263
voting location manager not earlier than the tenth day before the	1264
election, in any manner it finds to be advisable.	1265

On election day the precinct election officials shall	1266
punctually attend the polling place one-half hour before the time	1267
fixed for opening the polls. Each of the precinct election	1268
officials shall thereupon make and subscribe to a statement which	1269
shall be as follows:	1270

"State of Ohio	1271

County of ...............	1272

I do solemnly swear under the penalty of perjury that I will	1273
support the constitution of the United States of America and the	1274
constitution of the state of Ohio and its laws; that I have not	1275
been convicted of a felony or any violation of the election laws;	1276
that I will discharge to the best of my ability the duties of	1277
~~judge of~~precinct election official in and for precinct	1278
.................... in the .................... (township) or	1279
(ward and city or village) .................... in the county of	1280
...................., in the election to be held on the ..........	1281
day of ..............., ....., as required by law and the rules	1282
and instructions of the board of elections of said county; and	1283
that I will endeavor to prevent fraud in such election, and will	1284
report immediately to said board any violations of the election	1285
laws which come to my attention, and will not disclose any	1286
information as to how any elector voted which is gained by me in	1287
the discharge of my official duties.	1288

............................................................	1289

............................................................	1290

............................................................	1291

............................................................	1292

............................................................	1293

............................................................	1294

(Signatures of precinct election officials)"	1295

If any of the other precinct election officials is absent at	1296
that time, the ~~presiding judge~~voting location manager, with the	1297
concurrence of a majority of the precinct election officials	1298
present, shall appoint a qualified elector who is a member of the	1299
same political party as the political party of which such absent	1300
precinct election official is a member to fill the vacancy until	1301
the board appoints a person to fill such vacancy and the person so	1302
appointed reports for duty at the polling place. The ~~presiding~~	1303
~~judge~~voting location manager shall promptly notify the board of	1304
such vacancy by telephone or otherwise. The ~~presiding judge~~voting	1305
location manager also shall assign the precinct election officials	1306
to their respective duties and shall have general charge of the	1307
polling place.	1308

Sec. 3501.32. (A) Except as otherwise provided in division	1309
(B) of this section, on the day of the election the polls shall be	1310
opened by proclamation by the ~~presiding judge~~voting location	1311
manager, or in ~~his~~the manager's absence by a ~~presiding judge~~	1312
voting location manager chosen by the ~~judges~~precinct election	1313
officials, at six-thirty a.m. and shall be closed by proclamation	1314
at seven-thirty p.m. unless there are voters waiting in line to	1315
cast their ballots, in which case the polls shall be kept open	1316
until such waiting voters have voted.	1317

(B) On the day of the election, any polling place located on	1318
an island not connected to the mainland by a highway or a bridge	1319
may close earlier than seven-thirty p.m. if all registered voters	1320
in the precinct have voted. When a polling place closes under	1321
division (B) of this section the ~~presiding judge~~voting location	1322
manager shall immediately notify the board of elections of the	1323
closing.	1324

Sec. 3501.33. All ~~judges of~~precinct election officials	1325
shall enforce peace and good order in and about the place of	1326
registration or election. They shall especially keep the place of	1327
access of the electors to the polling place open and unobstructed	1328
and prevent and stop any improper practices or attempts tending to	1329
obstruct, intimidate, or interfere with any elector in registering	1330
or voting. They shall protect observers against molestation and	1331
violence in the performance of their duties, and may eject from	1332
the polling place any observer for violation of any provision of	1333
Title XXXV of the Revised Code. They shall prevent riots,	1334
violence, tumult, or disorder. In the discharge of these duties,	1335
they may call upon the sheriff, police, or other peace officers to	1336
aid them in enforcing the law. They may order the arrest of any	1337
person violating Title XXXV of the Revised Code, but such an	1338
arrest shall not prevent the person from registering or voting if	1339
the person is entitled to do so. The sheriff, all constables,	1340
police officers, and other officers of the peace shall immediately	1341
obey and aid in the enforcement of any lawful order made by the	1342
precinct election officials in the enforcement of Title XXXV of	1343
the Revised Code.	1344

Sec. 3501.35. (A) During an election and the counting of the	1345
ballots, no person shall do any of the following:	1346

(1) Loiter, congregate, or engage in any kind of election	1347
campaigning within the area between the polling place and the	1348
small flags of the United States placed on the thoroughfares and	1349
walkways leading to the polling place, and if the line of electors	1350
waiting to vote extends beyond those small flags, within ten feet	1351
of any elector in that line;	1352

(2) In any manner hinder or delay an elector in reaching or	1353
leaving the place fixed for casting the elector's ballot;	1354

(3) Give, tender, or exhibit any ballot or ticket to any	1355
person other than the elector's own ballot to the ~~judge of~~	1356
precinct election officials within the area between the polling	1357
place and the small flags of the United States placed on the	1358
thoroughfares and walkways leading to the polling place, and if	1359
the line of electors waiting to vote extends beyond those small	1360
flags, within ten feet of any elector in that line;	1361

(4) Exhibit any ticket or ballot which the elector intends to	1362
cast;	1363

(5) Solicit or in any manner attempt to influence any elector	1364
in casting the elector's vote.	1365

(B) Except as otherwise provided in division (C) of section	1366
3503.23 of the Revised Code, no person who is not an election	1367
official, employee, observer, or police officer shall be allowed	1368
to enter the polling place during the election, except for the	1369
purpose of voting or assisting another person to vote as provided	1370
in section 3505.24 of the Revised Code.	1371

(C) No more electors shall be allowed to approach the voting	1372
shelves at any time than there are voting shelves provided.	1373

(D) The ~~judges of~~precinct election officials and the police	1374
officer shall strictly enforce the observance of this section.	1375

Sec. 3501.37. After each election, the ~~judges of elections~~	1376
precinct election officials of each precinct, except when the	1377
board of elections assumes the duty, shall see that the movable	1378
booths and other equipment are returned for safekeeping to the	1379
fiscal officer of the township or to the clerk or auditor of the	1380
municipal corporation in which the precinct is situated. The	1381
fiscal officer, clerk, or auditor shall have booths and equipment	1382
on hand and in place at the polling places in each precinct before	1383
the time for opening the polls on election days, and for this	1384
service the board may allow the necessary expenses incurred. In	1385
cities, this duty shall devolve on the board.	1386

Sec. 3503.02. All registrars and ~~judges of elections~~	1387
precinct election officials, in determining the residence of a	1388
person offering to register or vote, shall be governed by the	1389
following rules:	1390

(A) That place shall be considered the residence of a person	1391
in which the person's habitation is fixed and to which, whenever	1392
the person is absent, the person has the intention of returning.	1393

(B) A person shall not be considered to have lost the	1394
person's residence who leaves the person's home and goes into	1395
another state or county of this state, for temporary purposes	1396
only, with the intention of returning.	1397

(C) A person shall not be considered to have gained a	1398
residence in any county of this state into which the person comes	1399
for temporary purposes only, without the intention of making such	1400
county the permanent place of abode.	1401

(D) The place where the family of a married person resides	1402
shall be considered to be the person's place of residence; except	1403
that when the spouses have separated and live apart, the place	1404
where such a spouse resides the length of time required to entitle	1405
a person to vote shall be considered to be the spouse's place of	1406
residence.	1407

(E) If a person removes to another state with the intention	1408
of making such state the person's residence, the person shall be	1409
considered to have lost the person's residence in this state.	1410

(F) Except as otherwise provided in division (G) of this	1411
section, if a person removes from this state and continuously	1412
resides outside this state for a period of four years or more, the	1413
person shall be considered to have lost the person's residence in	1414
this state, notwithstanding the fact that the person may entertain	1415
an intention to return at some future period.	1416

(G)(1) If a person removes from this state to engage in the	1417
services of the United States government, the person shall not be	1418
considered to have lost the person's residence in this state, and	1419
likewise should the person enter the employment of the state, the	1420
place where such person resided at the time of the person's	1421
removal shall be considered to be the person's place of residence.	1422

(2) If a person removes from this state to a location outside	1423
of the United States and the person does not become a resident of	1424
another state, the person shall not be considered to have lost the	1425
person's residence in this state. The place where the person	1426
resided at the time of the person's removal shall be considered to	1427
be the person's place of residence.	1428

(3) If a person is eligible to vote in this state under	1429
division (D)(2) of section 3511.011 of the Revised Code, the place	1430
where the person's parent or legal guardian resided in this state	1431
prior to that parent or legal guardian's removal to a location	1432
outside of the United States shall be considered to be the	1433
person's place of residence.	1434

(4) If an address that is considered to be a person's place	1435
of residence under division (G) of this section ceases to be a	1436
recognized residential address, the board of elections shall	1437
assign an address to the applicable person for voting purposes.	1438

(H) If a person goes into another state and while there	1439
exercises the right of a citizen by voting, the person shall be	1440
considered to have lost the person's residence in this state.	1441

(I) If a person does not have a fixed place of habitation,	1442
but has a shelter or other location at which the person has been a	1443
consistent or regular inhabitant and to which the person has the	1444
intention of returning, that shelter or other location shall be	1445
deemed the person's residence for the purpose of registering to	1446
vote.	1447

Sec. 3503.26. (A) All registration forms and lists, when not	1448
in official use by the registrars or ~~judges of elections~~precinct	1449
election officials, shall be in the possession of the board of	1450
elections. Names and addresses of electors may be copied from the	1451
registration lists only in the office of the board when it is open	1452
for business; but no such copying shall be permitted during the	1453
period of time commencing twenty-one days before an election and	1454
ending on the eleventh day after an election if such copying will,	1455
in the opinion of the board, interfere with the necessary work of	1456
the board. The board shall keep in convenient form and available	1457
for public inspection a correct set of the registration lists of	1458
all precincts in the county.	1459

(B) Notwithstanding division (A) of this section the board of	1460
elections shall maintain and make available for public inspection	1461
and copying at a reasonable cost all records concerning the	1462
implementation of programs and activities conducted for the	1463
purpose of ensuring the accuracy and currency of voter	1464
registration lists, including the names and addresses of all	1465
registered electors sent confirmation notices and whether or not	1466
the elector responded to the confirmation notice. The board shall	1467
maintain all records described in this division for a period of	1468
two years.	1469

Sec. 3505.07. (A) If the board of elections, by a unanimous	1470
vote of its members, or if the secretary of state, in the	1471
secretary of state's sole discretion, finds it impracticable to	1472
place the names of candidates for any office of a minor political	1473
subdivision in the county or the wording of any question or issue	1474
to be voted upon in such minor political subdivision on the	1475
ballots under sections 3505.01 to 3505.09 of the Revised Code,	1476
then such board may, or at the direction of the secretary of state	1477
shall, provide separate ballots for the candidates, question, or	1478
issue.	1479

(B) If the secretary of state, in the secretary of state's	1480
sole discretion, determines that it is impracticable to place the	1481
names of candidates for any office or the wording for any question	1482
or issue to be voted upon on the ballot when the candidates,	1483
question, issue, or wording for the question or issue was ordered	1484
onto the ballot by a court of competent jurisdiction and the	1485
ballots have been printed prior to the court order, the board of	1486
elections, at the direction of the secretary of state, shall	1487
provide separate ballots for the candidates, question, or issue.	1488

(C) All separate ballots provided for in this section shall	1489
conform in quality of paper, style of printing, form of ballot,	1490
arrangement of names, and in all other ways, in so far as	1491
practicable, with the provisions relating to the printing of the	1492
general official ballot. ~~Separate ballot boxes shall be provided~~	1493
~~for each such separate kind of ballot.~~	1494

Sec. 3505.08. (A) Ballots shall be provided by the board of	1495
elections for all general and special elections. The ballots shall	1496
be printed with black ink on No. 2 white book paper fifty pounds	1497
in weight per ream assuming such ream to consist of five hundred	1498
sheets of such paper twenty-five by thirty-eight inches in size.	1499
Each ballot shall have attached at the top two stubs, each of the	1500
width of the ballot and not less than one-half inch in length,	1501
except that, if the board of elections has an alternate method to	1502
account for the ballots that the secretary of state has	1503
authorized, each ballot may have only one stub that shall be the	1504
width of the ballot and not less than one-half inch in length. In	1505
the case of ballots with two stubs, the stubs shall be separated	1506
from the ballot and from each other by perforated lines. The top	1507
stub shall be known as Stub B and shall have printed on its face	1508
"Stub B." The other stub shall be known as Stub A and shall have	1509
printed on its face "Stub A." Each stub shall also have printed on	1510
its face "Consecutive Number .........."	1511

Each ballot of each kind of ballot provided for use in each	1512
precinct shall be numbered consecutively beginning with number 1	1513
by printing such number upon both of the stubs attached to the	1514
ballot. On ballots bearing the names of candidates, each	1515
candidate's name shall be printed in twelve point boldface upper	1516
case type in an enclosed rectangular space, and an enclosed blank	1517
rectangular space shall be provided at the left of the candidate's	1518
name. The name of the political party of a candidate nominated at	1519
a primary election or certified by a party committee shall be	1520
printed in ten point lightface upper and lower case type and shall	1521
be separated by a two point blank space. The name of each	1522
candidate shall be indented one space within the enclosed	1523
rectangular space, and the name of the political party shall be	1524
indented two spaces within the enclosed rectangular space.	1525

The title of each office on the ballots shall be printed in	1526
twelve point boldface upper and lower case type in a separate	1527
enclosed rectangular space. A four point rule shall separate the	1528
name of a candidate or a group of candidates for the same office	1529
from the title of the office next appearing below on the ballot; a	1530
two point rule shall separate the title of the office from the	1531
names of candidates; and a one point rule shall separate names of	1532
candidates. Headings shall be printed in display Roman type. When	1533
the names of several candidates are grouped together as candidates	1534
for the same office, there shall be printed on the ballots	1535
immediately below the title of the office and within the separate	1536
rectangular space in which the title is printed "Vote for not more	1537
than ........," in six point boldface upper and lower case filling	1538
the blank space with that number which will indicate the number of	1539
persons who may be lawfully elected to the office.	1540

Columns on ballots shall be separated from each other by a	1541
heavy vertical border or solid line at least one-eighth of an inch	1542
wide, and a similar vertical border or line shall enclose the left	1543
and right side of ballots. Ballots shall be trimmed along the	1544
sides close to such lines.	1545

The ballots provided for by this section shall be comprised	1546
of four kinds of ballots designated as follows: office type	1547
ballot; nonpartisan ballot; questions and issues ballot; and	1548
presidential ballot.	1549

On the back of each office type ballot shall be printed	1550
"Official Office Type Ballot;" on the back of each nonpartisan	1551
ballot shall be printed "Official Nonpartisan Ballot;" on the back	1552
of each questions and issues ballot shall be printed "Official	1553
Questions and Issues Ballot;" and on the back of each presidential	1554
ballot shall be printed "Official Presidential Ballot." OnAt the	1555
~~back~~end of every ballot also shall be printed the date of the	1556
election at which the ballot is used and the facsimile signatures	1557
of the members of the board of the county in which the ballot is	1558
used. For the purpose of identifying the kind of ballot, the back	1559
of every ballot may be numbered in the order the board shall	1560
determine. The numbers shall be printed in not less than	1561
thirty-six point type above the words "Official Office Type	1562
Ballot," "Official Nonpartisan Ballot," "Official Questions and	1563
Issues Ballot," or "Official Presidential Ballot," as the case may	1564
be. ~~Ballot boxes~~A ballot box bearing corresponding numbers shall	1565
be furnished for each precinct in which the above-described	1566
numbered ballots are used.	1567

On the back of every ballot used, there shall be a solid	1568
black line printed opposite the blank rectangular space that is	1569
used to mark the choice of the voter. This line shall be printed	1570
wide enough so that the mark in the blank rectangular space will	1571
not be visible from the back side of the ballot.	1572

Sample ballots may be printed by the board of elections for	1573
all general elections. The ballots shall be printed on colored	1574
paper, and "Sample Ballot" shall be plainly printed in boldface	1575
type on the face of each ballot. In counties of less than one	1576
hundred thousand population, the board may print not more than	1577
five hundred sample ballots; in all other counties, it may print	1578
not more than one thousand sample ballots. The sample ballots	1579
shall not be distributed by a political party or a candidate, nor	1580
shall a political party or candidate cause their title or name to	1581
be imprinted on sample ballots.	1582

(B) Notwithstanding division (A) of this section, in	1583
approving the form of an official ballot, the secretary of state	1584
may authorize the use of fonts, type face settings, and ballot	1585
formats other than those prescribed in that division.	1586

Sec. 3505.16. Before the opening of the polls, the package	1587
of supplies and the ballot ~~boxes~~box shall be opened in the	1588
presence of the precinct officials. The ballot ~~boxes~~box, the	1589
package of ballots, registration forms, and other supplies shall	1590
at all times be in full sight of the observers, and no ballot box	1591
or unused ballots during the balloting or counting shall be	1592
removed or screened from their full sight until the counting has	1593
been closed and the final returns completed and the certificate	1594
signed by the judges.	1595

Sec. 3505.17. If by accident or casualty the ballots or	1596
other required papers, lists, or supplies are lost or destroyed,	1597
or in case none are delivered at the polling place, or if during	1598
the time the polls are open additional ballots or supplies are	1599
required, the board of elections, upon requisition by telephone or	1600
in writing and signed by a majority of the precinct election	1601
~~judges~~officials of the precinct stating why such additional	1602
supplies are needed, shall supply them as speedily as possible.	1603

Sec. 3505.18. (A)(1) When an elector appears in a polling	1604
place to vote, the elector shall announce to the precinct election	1605
officials the elector's full name and current address and provide	1606
proof of the elector's identity in the form of a current and valid	1607
photo identification, a military identification, or a copy of a	1608
current utility bill, bank statement, government check, paycheck,	1609
or other government document, other than a notice of an election	1610
mailed by a board of elections under section 3501.19 of the	1611
Revised Code or a notice of voter registration mailed by a board	1612
of elections under section 3503.19 of the Revised Code, that shows	1613
the name and current address of the elector. If the elector	1614
provides either a driver's license or a state identification card	1615
issued under section 4507.50 of the Revised Code that does not	1616
contain the elector's current residence address, the elector shall	1617
provide the last four digits of the elector's driver's license	1618
number or state identification card number, and the precinct	1619
election official shall mark the poll list or signature pollbook	1620
to indicate that the elector has provided a driver's license or	1621
state identification card number with a former address and record	1622
the last four digits of the elector's driver's license number or	1623
state identification card number.	1624

(2) If an elector has but is unable to provide to the	1625
precinct election officials any of the forms of identification	1626
required under division (A)(1) of this section, but has a social	1627
security number, the elector may provide the last four digits of	1628
the elector's social security number. Upon providing the social	1629
security number information, the elector may cast a provisional	1630
ballot under section 3505.181 of the Revised Code, the envelope of	1631
which ballot shall include that social security number	1632
information.	1633

(3) If an elector has but is unable to provide to the	1634
precinct election officials any of the forms of identification	1635
required under division (A)(1) of this section and if the elector	1636
has a social security number but is unable to provide the last	1637
four digits of the elector's social security number, the elector	1638
may cast a provisional ballot under section 3505.181 of the	1639
Revised Code.	1640

(4) If an elector does not have any of the forms of	1641
identification required under division (A)(1) of this section and	1642
cannot provide the last four digits of the elector's social	1643
security number because the elector does not have a social	1644
security number, the elector may execute an affirmation under	1645
penalty of election falsification that the elector cannot provide	1646
the identification required under that division or the last four	1647
digits of the elector's social security number for those reasons.	1648
Upon signing the affirmation, the elector may cast a provisional	1649
ballot under section 3505.181 of the Revised Code. The secretary	1650
of state shall prescribe the form of the affirmation, which shall	1651
include spaces for all of the following:	1652

(a) The elector's name;

1653

(b) The elector's address;

1654

1655

(d) The elector's date of birth;

1656

(e) The elector's signature.

1657

(5) If an elector does not have any of the forms of	1658
identification required under division (A)(1) of this section and	1659
cannot provide the last four digits of the elector's social	1660
security number because the elector does not have a social	1661
security number, and if the elector declines to execute an	1662
affirmation under division (A)(4) of this section, the elector may	1663
cast a provisional ballot under section 3505.181 of the Revised	1664
Code, the envelope of which ballot shall include the elector's	1665
name.	1666

(6) If an elector has but declines to provide to the precinct	1667
election officials any of the forms of identification required	1668
under division (A)(1) of this section or the elector has a social	1669
security number but declines to provide to the precinct election	1670
officials the last four digits of the elector's social security	1671
number, the elector may cast a provisional ballot under section	1672
3505.181 of the Revised Code.	1673

(B) After the elector has announced the elector's full name	1674
and current address and provided any of the forms of	1675
identification required under division (A)(1) of this section, the	1676
elector shall write the elector's name and address at the proper	1677
place in the poll list or signature pollbook provided for the	1678
purpose, except that if, for any reason, an elector is unable to	1679
write the elector's name and current address in the poll list or	1680
signature pollbook, the elector may make the elector's mark at the	1681
place intended for the elector's name, and a precinct election	1682
official shall write the name of the elector at the proper place	1683
on the poll list or signature pollbook following the elector's	1684
mark. The making of such a mark shall be attested by the precinct	1685
election official, who shall evidence the same by signing the	1686
precinct election official's name on the poll list or signature	1687
pollbook as a witness to the mark. Alternatively, if applicable,	1688
an attorney in fact acting pursuant to section 3501.382 of the	1689
Revised Code may sign the elector's signature in the poll list or	1690
signature pollbook in accordance with that section.	1691

The elector's signature in the poll list or signature	1692
pollbook then shall be compared with the elector's signature on	1693
the elector's registration form or a digitized signature list as	1694
provided for in section 3503.13 of the Revised Code, and if, in	1695
the opinion of a majority of the precinct election officials, the	1696
signatures are the signatures of the same person, the election	1697
officials shall enter the date of the election on the registration	1698
form or shall record the date by other means prescribed by the	1699
secretary of state. The validity of an attorney in fact's	1700
signature on behalf of an elector shall be determined in	1701
accordance with section 3501.382 of the Revised Code.	1702

If the right of the elector to vote is not then challenged,	1703
or, if being challenged, the elector establishes the elector's	1704
right to vote, the elector shall be allowed to proceed to use the	1705
voting machine. If voting machines are not being used in that	1706
precinct, the ~~judge~~precinct election official in charge of	1707
ballots shall then detach the next ballots to be issued to the	1708
elector from Stub B attached to each ballot, leaving Stub A	1709
attached to each ballot, hand the ballots to the elector, and call	1710
the elector's name and the stub number on each of the ballots. The	1711
~~judge~~precinct election official shall enter the stub numbers	1712
opposite the signature of the elector in the pollbook. The elector	1713
shall then retire to one of the voting compartments to mark the	1714
elector's ballots. No mark shall be made on any ballot which would	1715
in any way enable any person to identify the person who voted the	1716
ballot.	1717

Sec. 3505.20. Any person offering to vote may be challenged	1718
at the polling place by any ~~judge of elections~~precinct election	1719
official. If the board of elections has ruled on the question	1720
presented by a challenge prior to election day, its finding and	1721
decision shall be final, and the ~~presiding judge~~voting location	1722
manager shall be notified in writing. If the board has not ruled,	1723
the question shall be determined as set forth in this section. If	1724
any person is so challenged as unqualified to vote, the ~~presiding~~	1725
~~judge~~voting location manager shall tender the person the	1726
following oath: "You do swear or affirm under penalty of election	1727
falsification that you will fully and truly answer all of the	1728
following questions put to you concerning your qualifications as	1729
an elector at this election."	1730

(A) If the person is challenged as unqualified on the ground	1731
that the person is not a citizen, the ~~judges~~precinct election	1732
officials shall put the following questions:	1733

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

1734

(2) Are you a native or naturalized citizen?

1735

(3) Where were you born?

1736

(4) What official documentation do you possess to prove your	1737
citizenship? Please provide that documentation.	1738

If the person offering to vote claims to be a naturalized	1739
citizen of the United States, the person shall, before the vote is	1740
received, produce for inspection of the ~~judges~~precinct election	1741
officials a certificate of naturalization and declare under oath	1742
that the person is the identical person named in the certificate.	1743
If the person states under oath that, by reason of the	1744
naturalization of the person's parents or one of them, the person	1745
has become a citizen of the United States, and when or where the	1746
person's parents were naturalized, the certificate of	1747
naturalization need not be produced. If the person is unable to	1748
provide a certificate of naturalization on the day of the	1749
election, the ~~judges~~precinct election officials shall provide to	1750
the person, and the person may vote, a provisional ballot under	1751
section 3505.181 of the Revised Code. The provisional ballot shall	1752
not be counted unless it is properly completed and the board of	1753
elections determines that the voter is properly registered and	1754
eligible to vote in the election.	1755

(B) If the person is challenged as unqualified on the ground	1756
that the person has not resided in this state for thirty days	1757
immediately preceding the election, the ~~judges~~precinct election	1758
officials shall put the following questions:	1759

(1) Have you resided in this state for thirty days	1760
immediately preceding this election? If so, where have you	1761
resided?	1762

(2) Did you properly register to vote?

1763

(3) Can you provide some form of identification containing	1764
your current mailing address in this precinct? Please provide that	1765
identification.	1766

(4) Have you voted or attempted to vote at any other location	1767
in this or in any other state at this election?	1768

(5) Have you applied for an absent voter's ballot in any	1769
state for this election?	1770

If the ~~judges~~precinct election officials are unable to	1771
verify the person's eligibility to cast a ballot in the election,	1772
the ~~judges~~precinct election officials shall provide to the	1773
person, and the person may vote, a provisional ballot under	1774
section 3505.181 of the Revised Code. The provisional ballot shall	1775
not be counted unless it is properly completed and the board of	1776
elections determines that the voter is properly registered and	1777
eligible to vote in the election.	1778

(C) If the person is challenged as unqualified on the ground	1779
that the person is not a resident of the precinct where the person	1780
offers to vote, the ~~judges~~precinct election officials shall put	1781
the following questions:	1782

(1) Do you reside in this precinct?

1783

(2) When did you move into this precinct?

1784

(3) When you came into this precinct, did you come for a	1785
temporary purpose merely or for the purpose of making it your	1786
home?	1787

(4) What is your current mailing address?

1788

(5) Do you have some official identification containing your	1789
current address in this precinct? Please provide that	1790
identification.	1791

(6) Have you voted or attempted to vote at any other location	1792
in this or in any other state at this election?	1793

(7) Have you applied for any absent voter's ballot in any	1794
state for this election?	1795

The ~~judges~~precinct election officials shall direct an	1796
individual who is not in the appropriate polling place to the	1797
appropriate polling place. If the individual refuses to go to the	1798
appropriate polling place, or if the ~~judges~~precinct election	1799
officials are unable to verify the person's eligibility to cast a	1800
ballot in the election, the ~~judges~~precinct election officials	1801
shall provide to the person, and the person may vote, a	1802
provisional ballot under section 3505.181 of the Revised Code. The	1803
provisional ballot shall not be counted unless it is properly	1804
completed and the board of elections determines that the voter is	1805
properly registered and eligible to vote in the election.	1806

(D) If the person is challenged as unqualified on the ground	1807
that the person is not of legal voting age, the ~~judges~~precinct	1808
election officials shall put the following questions:	1809

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

1810

(2) What is your date of birth?

1811

(3) Do you have some official identification verifying your	1812
age? Please provide that identification.	1813

If the ~~judges~~precinct election officials are unable to	1814
verify the person's age and eligibility to cast a ballot in the	1815
election, the ~~judges~~precinct election officials shall provide to	1816
the person, and the person may vote, a provisional ballot under	1817
section 3505.181 of the Revised Code. The provisional ballot shall	1818
not be counted unless it is properly completed and the board of	1819
elections determines that the voter is properly registered and	1820
eligible to vote in the election.	1821

The ~~presiding judge~~voting location manager shall put such	1822
other questions to the person challenged as are necessary to	1823
determine the person's qualifications as an elector at the	1824
election. If a person challenged refuses to answer fully any	1825
question put to the person, is unable to answer the questions as	1826
they were answered on the registration form by the person under	1827
whose name the person offers to vote, or refuses to sign the	1828
person's name or make the person's mark, or if for any other	1829
reason a majority of the ~~judges~~precinct election officials	1830
believes the person is not entitled to vote, the ~~judges~~precinct	1831
election officials shall provide to the person, and the person may	1832
vote, a provisional ballot under section 3505.181 of the Revised	1833
Code. The provisional ballot shall not be counted unless it is	1834
properly completed and the board of elections determines that the	1835
voter is properly registered and eligible to vote in the election.	1836

A qualified citizen who has certified the citizen's intention	1837
to vote for president and vice-president as provided by Chapter	1838
3504. of the Revised Code shall be eligible to receive only the	1839
ballot containing presidential and vice-presidential candidates.	1840

However, prior to the nineteenth day before the day of an	1841
election and in accordance with section 3503.24 of the Revised	1842
Code, any person qualified to vote may challenge the right of any	1843
other person to be registered as a voter, or the right to cast an	1844
absent voter's ballot, or to make application for such ballot.	1845
Such challenge shall be made in accordance with section 3503.24 of	1846
the Revised Code, and the board of elections of the county in	1847
which the voting residence of the challenged voter is situated	1848
shall make a final determination relative to the legality of such	1849
registration or application.	1850

Sec. 3505.21. At any primary, special, or general election,	1851
any political party supporting candidates to be voted upon at such	1852
election and any group of five or more candidates may appoint to	1853
the board of elections or to any of the precincts in the county or	1854
city one person, a qualified elector, who shall serve as observer	1855
for such party or such candidates during the casting and counting	1856
of the ballots; provided that separate observers may be appointed	1857
to serve during the casting and during the counting of the	1858
ballots. No candidate, no uniformed peace officer as defined by	1859
section 2935.01 of the Revised Code, no uniformed state highway	1860
patrol trooper, no uniformed member of any fire department, no	1861
uniformed member of the armed services, no uniformed member of the	1862
organized militia, no person wearing any other uniform, and no	1863
person carrying a firearm or other deadly weapon shall serve as an	1864
observer, nor shall any candidate be represented by more than one	1865
observer at any one precinct except that a candidate who is a	1866
member of a party controlling committee, as defined in section	1867
3517.03 of the Revised Code, may serve as an observer. Any	1868
political party or group of candidates appointing observers shall	1869
notify the board of elections of the names and addresses of its	1870
appointees and the precincts at which they shall serve.	1871
Notification shall take place not less than eleven days before the	1872
election on forms prescribed by the secretary of state and may be	1873
amended by filing an amendment with the board of elections at any	1874
time until four p.m. of the day before the election. The observer	1875
serving on behalf of a political party shall be appointed in	1876
writing by the chairperson and secretary of the respective	1877
controlling party committee. Observers serving for any five or	1878
more candidates shall have their certificates signed by those	1879
candidates. Observers appointed to a precinct may file their	1880
certificates of appointment with the ~~presiding judge~~voting	1881
location manager of the precinct at the meeting on the evening	1882
prior to the election, or with the ~~presiding judge~~voting location	1883
manager of the precinct on the day of the election. Upon the	1884
filing of a certificate, the person named as observer in the	1885
certificate shall be permitted to be in and about the polling	1886
place for the precinct during the casting of the ballots and shall	1887
be permitted to watch every proceeding of the ~~judges of elections~~	1888
precinct election officials from the time of the opening until the	1889
closing of the polls. The observer also may inspect the counting	1890
of all ballots in the polling place or board of elections from the	1891
time of the closing of the polls until the counting is completed	1892
and the final returns are certified and signed. Observers	1893
appointed to the board of elections under this section may observe	1894
at the board of elections and may observe at any precinct in the	1895
county. The ~~judges of elections~~precinct election officials shall	1896
protect such observers in all of the rights and privileges granted	1897
to them by Title XXXV of the Revised Code.	1898

No persons other than the ~~judges of elections~~precinct	1899
election officials, the observers, a police officer, other persons	1900
who are detailed to any precinct on request of the board of	1901
elections, or the secretary of state or the secretary of state's	1902
legal representative shall be admitted to the polling place, or	1903
any room in which a board of elections is counting ballots, after	1904
the closing of the polls until the counting, certifying, and	1905
signing of the final returns of each election have been completed.	1906

Not later than four p.m. of the twentieth day prior to an	1907
election at which questions are to be submitted to a vote of the	1908
people, any committee that in good faith advocates or opposes a	1909
measure may file a petition with the board of any county asking	1910
that the petitioners be recognized as the committee entitled to	1911
appoint observers to the count at the election. If more than one	1912
committee alleging themselves to advocate or oppose the same	1913
measure file such a petition, the board shall decide and announce	1914
by registered mail to each committee not less than twelve days	1915
immediately preceding the election which committee is recognized	1916
as being entitled to appoint observers. The decision shall not be	1917
final, but any aggrieved party may institute mandamus proceedings	1918
in the court of common pleas of the county in which the board has	1919
jurisdiction to compel the ~~judges of elections~~precinct election	1920
officials to accept the appointees of such aggrieved party. Any	1921
such recognized committee may appoint an observer to the count in	1922
each precinct. Committees appointing observers shall notify the	1923
board of elections of the names and addresses of its appointees	1924
and the precincts at which they shall serve. Notification shall	1925
take place not less than eleven days before the election on forms	1926
prescribed by the secretary of state and may be amended by filing	1927
an amendment with the board of elections at any time until four	1928
p.m. on the day before the election. A person so appointed shall	1929
file the person's certificate of appointment with the ~~presiding~~	1930
~~judge~~voting location manager in the precinct in which the person	1931
has been appointed to serve. Observers shall file their	1932
certificates before the polls are closed. In no case shall more	1933
than six observers be appointed for any one election in any one	1934
precinct. If more than three questions are to be voted on, the	1935
committees which have appointed observers may agree upon not to	1936
exceed six observers, and the ~~judges of elections~~precinct	1937
election officials shall appoint such observers. If such	1938
committees fail to agree, the ~~judges of elections~~precinct	1939
election officials shall appoint six observers from the appointees	1940
so certified, in such manner that each side of the several	1941
questions shall be represented.	1942

No person shall serve as an observer at any precinct unless	1943
the board of elections of the county in which such observer is to	1944
serve has first been notified of the name, address, and precinct	1945
at which such observer is to serve. Notification to the board of	1946
elections shall be given by the political party, group of	1947
candidates, or committee appointing such observer as prescribed in	1948
this section. No such observers shall receive any compensation	1949
from the county, municipal corporation, or township, and they	1950
shall take the following oath, to be administered by one of the	1951
~~judges of elections~~precinct election officials:	1952

"You do solemnly swear that you will faithfully and	1953
impartially discharge the duties as an official observer, assigned	1954
by law; that you will not cause any delay to persons offering to	1955
vote; and that you will not disclose or communicate to any person	1956
how any elector has voted at such election."	1957

Sec. 3505.23. No voter shall be allowed to occupy a voting	1958
compartment or use a voting machine more than five minutes when	1959
all the voting compartments or machines are in use and voters are	1960
waiting to occupy them. Except as otherwise provided by section	1961
3505.24 of the Revised Code, no voter shall occupy a voting	1962
compartment or machine with another person or speak to anyone, nor	1963
shall anyone speak to the voter, while the voter is in a voting	1964
compartment or machine.	1965

In precincts that do not use voting machines the following	1966
procedure shall be followed:	1967

If a voter tears, soils, defaces, or erroneously marks a	1968
ballot the voter may return it to the precinct election officials	1969
and a second ballot shall be issued to the voter. Before returning	1970
a torn, soiled, defaced, or erroneously marked ballot, the voter	1971
shall fold it so as to conceal any marks the voter made upon it,	1972
but the voter shall not remove Stub A therefrom. If the voter	1973
tears, soils, defaces, or erroneously marks such second ballot,	1974
the voter may return it to the precinct election officials, and a	1975
third ballot shall be issued to the voter. In no case shall more	1976
than three ballots be issued to a voter. Upon receiving a returned	1977
torn, soiled, defaced, or erroneously marked ballot the precinct	1978
election officials shall detach Stub A therefrom, write "Defaced"	1979
on the back of such ballot, and place the stub and the ballot in	1980
the separate containers provided therefor.	1981

No elector shall leave the polling place until the elector	1982
returns to the precinct election officials every ballot issued to	1983
the elector with Stub A on each ballot attached thereto,	1984
regardless of whether the elector has or has not placed any marks	1985
upon the ballot.	1986

Before leaving the voting compartment, the voter shall fold	1987
each ballot marked by the voter so that no part of the face of the	1988
ballot is visible, and so that the printing thereon indicating the	1989
kind of ballot it is and the facsimile signatures of the members	1990
of the board of elections are visible. The voter shall then leave	1991
the voting compartment, deliver the voter's ballots, and state the	1992
voter's name to the ~~judge~~precinct election official having charge	1993
of the ballot ~~boxes~~box, who shall announce the name, detach Stub	1994
A from each ballot, and announce the number on the stubs. The	1995
~~judges~~precinct election officials in charge of the poll lists or	1996
poll books shall check to ascertain whether the number so	1997
announced is the number on Stub B of the ballots issued to such	1998
voter, and if no discrepancy appears to exist, the ~~judge~~precinct	1999
election official in charge of the ballot ~~boxes~~box shall, in the	2000
presence of the voter, deposit each such ballot in the ~~proper~~	2001
ballot box and shall place Stub A from each ballot in the	2002
container provided therefor. The voter shall then immediately	2003
leave the polling place.	2004

No ballot delivered by a voter to the ~~judge~~precinct election	2005
official in charge of the ballot ~~boxes~~box with Stub A detached	2006
therefrom, and only ballots provided in accordance with Title XXXV	2007
of the Revised Code, shall be voted or deposited in the ballot	2008
~~boxes~~box.	2009

In marking a presidential ballot, the voter shall record the	2010
vote in the manner provided on the ballot next to the names of the	2011
candidates for the offices of president and vice-president. Such	2012
ballot shall be considered and counted as a vote for each of the	2013
candidates for election as presidential elector whose names were	2014
certified to the secretary of state by the political party of such	2015
nominees for president and vice-president.	2016

In marking an office type ballot or nonpartisan ballot, the	2017
voter shall record the vote in the manner provided on the ballot	2018
next to the name of each candidate for whom the voter desires to	2019
vote.	2020

In marking a primary election ballot, the voter shall record	2021
the vote in the manner provided on the ballot next to the name of	2022
each candidate for whom the voter desires to vote. If the voter	2023
desires to vote for the nomination of a person whose name is not	2024
printed on the primary election ballot, the voter may do so by	2025
writing such person's name on the ballot in the proper place	2026
provided for such purpose.	2027

In marking a questions and issues ballot, the voter shall	2028
record the vote in the manner provided on the ballot at the left	2029
or at the right of "YES" or "NO" or other words of similar import	2030
which are printed on the ballot to enable the voter to indicate	2031
how the voter votes in connection with each question or issue upon	2032
which the voter desires to vote.	2033

In marking any ballot on which a blank space has been	2034
provided wherein an elector may write in the name of a person for	2035
whom the elector desires to vote, the elector shall write such	2036
person's name in such blank space and on no other place on the	2037
ballot. Unless specific provision is made by statute, no blank	2038
space shall be provided on a ballot for write-in votes, and any	2039
names written on a ballot other than in a blank space provided	2040
therefor shall not be counted or recorded.	2041

Sec. 3505.24. Any elector who declares to the ~~presiding~~	2042
~~judge of elections~~voting location manager that the elector is	2043
unable to mark the elector's ballot by reason of blindness,	2044
disability, or illiteracy may be accompanied in the voting booth	2045
and aided by any person of the elector's choice, other than the	2046
elector's employer, an agent of the elector's employer, or an	2047
officer or agent of the elector's union, if any. The elector also	2048
may request and receive assistance in the marking of the elector's	2049
ballot from two election officials of different political parties.	2050
Any person providing assistance in the marking of an elector's	2051
ballot under this section shall thereafter provide no information	2052
in regard to the marking of that ballot.	2053

Any ~~judge~~precinct election official may require a	2054
declaration of inability to be made by the elector under oath	2055
before the ~~judge~~official. Assistance shall not be rendered for	2056
causes other than those specified in this section, and no	2057
candidate whose name appears on the ballot shall assist any person	2058
in marking that person's ballot.	2059

Sec. 3505.26. At the time for closing the polls, the	2060
~~presiding judge~~voting location manager shall by proclamation	2061
announce that the polls are closed.	2062

The ~~judges~~precinct election officials shall then in the	2063
presence of observers proceed as follows:	2064

(A) Count the number of electors who voted, as shown on the	2065
pollbooks;	2066

(B) Count the unused ballots without removing stubs;

2067

2068

(D) Insert the totals of (A), (B), and (C) on the report	2069
forms provided therefor in the pollbook;	2070

(E) Count the voted ballots. If the number of voted ballots	2071
exceeds the number of voters whose names appear upon the	2072
pollbooks, the ~~presiding judge~~voting location manager shall enter	2073
on the pollbooks an explanation of that discrepancy, and that	2074
explanation, if agreed to, shall be subscribed to by all of the	2075
~~judges~~precinct election officials. Any ~~judge~~precinct official	2076
having a different explanation shall enter it in the pollbooks and	2077
subscribe to it.	2078

(F) Put the unused ballots with stubs attached, and soiled	2079
and defaced ballots with stubs attached, in the envelopes or	2080
containers provided therefor, certify the number, and then proceed	2081
to count and tally the votes in the manner prescribed by section	2082
3505.27 of the Revised Code and certify the result of the election	2083
to the board of elections.	2084

Sec. 3505.28. (A)(1) No ballot shall be counted which is	2085
marked contrary to law, except that no ballot shall be rejected	2086
for any technical error unless it is impossible to determine the	2087
voter's choice. If	2088

(2) A ballot is marked contrary to law and does not contain a	2089
technical error if the voter marks more selections for a	2090
particular office, question, or issue than the number of	2091
selections that the voter is allowed by law to make for that	2092
office, question, or issue.	2093

(3) Except as otherwise provided in this division, a voter	2094
makes more selections for a particular office than the voter is	2095
allowed by law to make for that office if the voter marks the	2096
ballot for a candidate and also writes in the name of a candidate	2097
as a write-in vote. If either of the following apply, then the	2098
ballot is not marked contrary to law and the ballot shall be	2099
counted:	2100

(a)(i) The voter marks the ballot for a candidate and writes	2101
in the same candidate's name;	2102

(ii) The ballots are counted at a central location using	2103
automatic tabulating equipment; and	2104

(iii) At least three members of the board of elections agree	2105
that the candidate's name, as it appears on the ballot, and the	2106
name of the candidate written in by the voter identify the same	2107
candidate.	2108

(b) The voter did not make more selections for a particular	2109
office, question, or issue than the number of selections that the	2110
voter is allowed by law to make.	2111

(4) If the voter makes more selections for a particular	2112
office, question, or issue than the number of selections that the	2113
voter is allowed by law to make, the voter's ballot shall be	2114
invalidated for that office, question, or issue, but shall not be	2115
invalidated for any other office, question, or issue for which the	2116
voter has not marked an excess number of selections.	2117

(B) If two or more ballots are found folded together among	2118
the ballots removed from a ballot box, they shall be deemed to be	2119
fraudulent. Such ballots shall not be counted. They shall be	2120
marked "Fraudulent" and shall be placed in an envelope indorsed	2121
"Not Counted" with the reasons therefor, and such envelope shall	2122
be delivered to the board of elections together with other	2123
uncounted ballots.	2124

(C) No ballot shall be rejected because of being marked with	2125
ink or by any writing instrument other than one of the pencils	2126
provided by the board of elections.	2127

Sec. 3505.29. From the time the ballot box is opened and the	2128
count of ballots begun until the ballots are counted and	2129
certificates of votes cast are made out, signed, certified and	2130
given to the ~~presiding judge~~voting location manager for delivery	2131
to the headquarters of the board of elections, the ~~judges~~precinct	2132
election officials in each precinct shall not separate, nor shall	2133
a ~~judge~~precinct election official leave the polling place except	2134
from unavoidable necessity. In cases of illness or unavoidable	2135
necessity, the board may substitute another qualified person for	2136
any precinct official so incapacitated.	2137

Sec. 3505.30. When the results of the ballots have been	2138
ascertained, such results shall be embodied in a summary statement	2139
to be prepared by the ~~judges~~precinct election officials in	2140
duplicate, on forms provided by the board of elections. One copy	2141
shall be certified by the ~~judges~~precinct election officials and	2142
posted on the front of the polling place, and one copy, similarly	2143
certified, shall be transmitted without delay to the board in a	2144
sealed envelope along with the other returns of the election. The	2145
board shall, immediately upon receipt of such summary statements,	2146
compile and prepare an unofficial count and upon its completion	2147
shall transmit prepaid, immediately by telephone, facsimile	2148
machine, or other telecommunications device, the results of such	2149
unofficial count to the secretary of state, or to the board of the	2150
most populous county of the district which is authorized to	2151
canvass the returns. Such count, in no event, shall be made later	2152
than twelve noon on the day following the election. The board	2153
shall also, at the same time, certify the results thereof to the	2154
secretary of state by certified mail. The board shall remain in	2155
session from the time of the opening of the polls, continuously,	2156
until the results of the election are received from every precinct	2157
in the county and such results are communicated to the secretary	2158
of state.	2159

Sec. 3505.31. When the results of the voting in a polling	2160
place on the day of an election have been determined and entered	2161
upon the proper forms and the certifications of those results have	2162
been signed by the precinct officials, those officials, before	2163
leaving the polling place, shall place all ballots that they have	2164
counted in containers provided for that purpose by the board of	2165
elections, and shall seal each container in a manner that it	2166
cannot be opened without breaking the seal or the material of	2167
which the container is made. They shall also seal the pollbook,	2168
poll list or signature pollbook, and tally sheet in a manner that	2169
the data contained in these items cannot be seen without breaking	2170
the seals. On the outside of these items shall be a plain	2171
indication that they are to be filed with the board. The ~~presiding~~	2172
~~judge~~voting location manager and an employee or appointee of the	2173
board of elections who has taken an oath to uphold the laws and	2174
constitution of this state, including an oath that the person will	2175
promptly and securely perform the duties required under this	2176
section and who is a member of a different political party than	2177
the ~~presiding judge~~voting location manager, shall then deliver to	2178
the board the containers of ballots and the sealed pollbook, poll	2179
list, and tally sheet, together with all other election reports,	2180
materials, and supplies required to be delivered to the board.	2181

The board shall carefully preserve all ballots prepared and	2182
provided by it for use in an election, whether used or unused, for	2183
sixty days after the day of the election, except that, if an	2184
election includes the nomination or election of candidates for any	2185
of the offices of president, vice-president, presidential elector,	2186
member of the senate of the congress of the United States, or	2187
member of the house of representatives of the congress of the	2188
United States, the board shall carefully preserve all ballots	2189
prepared and provided by it for use in that election, whether used	2190
or unused, for twenty-two months after the day of the election. If	2191
an election is held within that sixty-day period, the board shall	2192
have authority to transfer those ballots to other containers to	2193
preserve them until the sixty-day period has expired. After that	2194
sixty-day period, the ballots shall be disposed of by the board in	2195
a manner that the board orders, or where voting machines have been	2196
used the counters may be turned back to zero; provided that the	2197
secretary of state, within that sixty-day period, may order the	2198
board to preserve the ballots or any part of the ballots for a	2199
longer period of time, in which event the board shall preserve	2200
those ballots for that longer period of time.	2201

In counties where voting machines are used, if an election is	2202
to be held within the sixty days immediately following a primary,	2203
general, or special election or within any period of time within	2204
which the ballots have been ordered preserved by the secretary of	2205
state or a court of competent jurisdiction, the board, after	2206
giving notice to all interested parties and affording them an	2207
opportunity to have a representative present, shall open the	2208
compartments of the machines and, without unlocking the machines,	2209
shall recanvass the vote cast in them as if a recount were being	2210
held. The results shall be certified by the board, and this	2211
certification shall be filed in the board's office and retained	2212
for the remainder of the period for which ballots must be kept.	2213
After preparation of the certificate, the counters may be turned	2214
back to zero, and the machines may be used for the election.	2215

The board shall carefully preserve the pollbook, poll list or	2216
signature pollbook, and tally sheet delivered to it from each	2217
polling place until it has completed the official canvass of the	2218
election returns from all precincts in which electors were	2219
entitled to vote at an election, and has prepared and certified	2220
the abstracts of election returns, as required by law. The board	2221
shall not break, or permit anyone to break, the seals upon the	2222
pollbook, poll list or signature pollbook, and tally sheet, or	2223
make, or permit any one to make, any changes or notations in these	2224
items, while they are in its custody, except as provided by	2225
section 3505.32 of the Revised Code.	2226

Pollbooks and poll lists or signature pollbooks of a party	2227
primary election delivered to the board from polling places shall	2228
be carefully preserved by it for two years after the day of	2229
election in which they were used, and shall then be disposed of by	2230
the board in a manner that the board orders.	2231

Pollbooks, poll lists or signature pollbooks, tally sheets,	2232
summary statements, and other records and returns of an election	2233
delivered to it from polling places shall be carefully preserved	2234
by the board for two years after the day of the election in which	2235
they were used, and shall then be disposed of by the board in a	2236
manner that the board orders.	2237

Sec. 3506.021. (A) A board of elections may adopt the use of	2238
any electronic pollbook that has been certified for use in this	2239
state in accordance with section 3506.05 of the Revised Code,	2240
instead of using poll lists or signature pollbooks. A board of	2241
elections that opts to use electronic pollbooks shall notify the	2242
secretary of state of that decision.	2243

(B) The secretary of state shall provide each board of	2244
elections that adopts the use of electronic pollbooks under	2245
division (A) of this section with rules, instructions, directives,	2246
and advisories regarding the examination, testing, and use of	2247
electronic pollbooks, including rules regarding the sealing of the	2248
information in those pollbooks as required under section 3505.31	2249
of the Revised Code.	2250

(C) As used in this section, "electronic pollbook" has the	2251
same meaning as in section 3506.05 of the Revised Code.	2252

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

2253

(1) "Electronic pollbook" means an electronic list of	2254
registered voters for a particular precinct or polling location	2255
that may be transported to a polling location.	2256

(2) Except when used as part of the phrase "tabulating	2257
equipment" or "automatic tabulating equipment,":	2258

~~(1) "Equipment"~~"equipment" means a voting machine, marking	2259
device, automatic tabulating equipment, or software, or an	2260
electronic pollbook.	2261

~~(2)~~(3) "Vendor" means the person that owns, manufactures,	2262
distributes, or has the legal right to control the use of	2263
equipment, or the person's agent.	2264

(B) No voting machine, marking device, automatic tabulating	2265
equipment, or software for the purpose of casting or tabulating	2266
votes or for communications among systems involved in the	2267
tabulation, storage, or casting of votes, and no electronic	2268
pollbook, shall be purchased, leased, put in use, or continued to	2269
be used, except for experimental use as provided in division (B)	2270
of section 3506.04 of the Revised Code, unless it, a manual of	2271
procedures governing its use, and training materials, service, and	2272
other support arrangements have been certified by the secretary of	2273
state and unless the board of elections of each county where the	2274
equipment will be used has assured that a demonstration of the use	2275
of the equipment has been made available to all interested	2276
electors. The secretary of state shall appoint a board of voting	2277
machine examiners to examine and approve equipment and its related	2278
manuals and support arrangements. The board shall consist of four	2279
members, who shall be appointed as follows:	2280

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

2281

(2) One member appointed by either the speaker of the house	2282
of representatives or the minority leader of the house of	2283
representatives, whichever is a member of the opposite political	2284
party from the one to which the secretary of state belongs.	2285

(3) One member appointed by either the president of the	2286
senate or the minority leader of the senate, whichever is a member	2287
of the opposite political party from the one to which the	2288
secretary of state belongs.	2289

In all cases of a tie vote or a disagreement in the board, if	2290
no decision can be arrived at, the board shall submit the matter	2291
in controversy to the secretary of state, who shall summarily	2292
decide the question, and the secretary of state's decision shall	2293
be final. Each member of the board shall be a competent and	2294
experienced election officer or a person who is knowledgeable	2295
about the operation of voting equipment and shall serve during the	2296
secretary of state's term. Any vacancy on the board shall be	2297
filled in the same manner as the original appointment. The	2298
secretary of state shall provide staffing assistance to the board,	2299
at the board's request.	2300

For the member's service, each member of the board shall	2301
receive three hundred dollars per day for each combination of	2302
marking device, tabulating equipment, ~~and~~ voting machine, or	2303
electronic pollbook examined and reported, but in no event shall a	2304
member receive more than six hundred dollars to examine and report	2305
on any one marking device, item of tabulating equipment, or voting	2306
machine, or electronic pollbook. Each member of the board shall be	2307
reimbursed for expenses the member incurs during an examination or	2308
during the performance of any related duties that may be required	2309
by the secretary of state. Reimbursement of these expenses shall	2310
be made in accordance with, and shall not exceed, the rates	2311
provided for under section 126.31 of the Revised Code.	2312

Neither the secretary of state nor the board, nor any public	2313
officer who participates in the authorization, examination,	2314
testing, or purchase of equipment, shall have any pecuniary	2315
interest in the equipment or any affiliation with the vendor.	2316

(C)(1) A vendor who desires to have the secretary of state	2317
certify equipment shall first submit the equipment, all current	2318
related procedural manuals, and a current description of all	2319
related support arrangements to the board of voting machine	2320
examiners for examination, testing, and approval. The submission	2321
shall be accompanied by a fee of two thousand four hundred dollars	2322
and a detailed explanation of the construction and method of	2323
operation of the equipment, a full statement of its advantages,	2324
and a list of the patents and copyrights used in operations	2325
essential to the processes of vote recording and tabulating, vote	2326
storage, system security, pollbook storage and security, and other	2327
crucial operations of the equipment as may be determined by the	2328
board. An additional fee, in an amount to be set by rules	2329
promulgated by the board, may be imposed to pay for the costs of	2330
alternative testing or testing by persons other than board	2331
members, record-keeping, and other extraordinary costs incurred in	2332
the examination process. Moneys not used shall be returned to the	2333
person or entity submitting the equipment for examination.	2334

(2) Fees collected by the secretary of state under this	2335
section shall be deposited into the state treasury to the credit	2336
of the board of voting machine examiners fund, which is hereby	2337
created. All moneys credited to this fund shall be used solely for	2338
the purpose of paying for the services and expenses of each member	2339
of the board or for other expenses incurred relating to the	2340
examination, testing, reporting, or certification of ~~voting~~	2341
~~machine devices~~equipment, the performance of any related duties	2342
as required by the secretary of state, or the reimbursement of any	2343
person submitting an examination fee as provided in this chapter.	2344

(D) Within sixty days after the submission of the equipment	2345
and payment of the fee, or as soon thereafter as is reasonably	2346
practicable, but in any event within not more than ninety days	2347
after the submission and payment, the board of voting machine	2348
examiners shall examine the equipment and file with the secretary	2349
of state a written report on the equipment with its	2350
recommendations and, if applicable, its determination or condition	2351
of approval regarding whether the equipment, manual, and other	2352
related materials or arrangements meet the criteria set forth in	2353
sections 3506.07 and 3506.10 of the Revised Code and can be safely	2354
used by the voters at elections under the conditions prescribed in	2355
Title XXXV of the Revised Code, or a written statement of reasons	2356
for which testing requires a longer period. The board may grant	2357
temporary approval for the purpose of allowing experimental use of	2358
equipment. If the board finds that the equipment meets ~~the~~any	2359
applicable criteria set forth in sections 3506.06, 3506.07, and	2360
3506.10 of the Revised Code, can be used safely and, if	2361
applicable, can be depended upon to record and count accurately	2362
and continuously the votes of electors, and has the capacity to be	2363
warranted, maintained, and serviced, it shall approve the	2364
equipment and recommend that the secretary of state certify the	2365
equipment. The secretary of state shall notify all boards of	2366
elections of any such certification. Equipment of the same model	2367
and make, if it ~~provides for recording of voter intent, system~~	2368
~~security, voter privacy, retention of vote, and communication of~~	2369
~~voting records~~operates in an identical manner, may then be	2370
adopted for use at elections.	2371

(E) The vendor shall notify the secretary of state, who shall	2372
then notify the board of voting machine examiners, of any	2373
enhancement and any significant adjustment to the hardware or	2374
software that could result in a patent or copyright change or that	2375
significantly alters the methods of recording voter intent, system	2376
security, voter privacy, retention of the vote, communication of	2377
~~voting~~ records, and connections between the system and other	2378
systems. The vendor shall provide the secretary of state with an	2379
updated operations manual for the equipment, and the secretary of	2380
state shall forward the manual to the board. Upon receiving such a	2381
notification and manual, the board may require the vendor to	2382
submit the equipment to an examination and test in order for the	2383
equipment to remain certified. The board or the secretary of state	2384
shall periodically examine, test, and inspect certified equipment	2385
to determine continued compliance with the requirements of this	2386
chapter and the initial certification. Any examination, test, or	2387
inspection conducted for the purpose of continuing certification	2388
of any equipment in which a significant problem has been uncovered	2389
or in which a record of continuing problems exists shall be	2390
performed pursuant to divisions (C) and (D) of this section, in	2391
the same manner as the examination, test, or inspection is	2392
performed for initial approval and certification.	2393

(F) If, at any time after the certification of equipment, the	2394
board of voting machine examiners or the secretary of state is	2395
notified by a board of elections of any significant problem with	2396
the equipment or determines that the equipment fails to meet the	2397
requirements necessary for approval or continued compliance with	2398
the requirements of this chapter, or if the board of voting	2399
machine examiners determines that there are significant	2400
enhancements or adjustments to the hardware or software, or if	2401
notice of such enhancements or adjustments has not been given as	2402
required by division (E) of this section, the secretary of state	2403
shall notify the users and vendors of that equipment that	2404
certification of the equipment may be withdrawn.	2405

(G)(1) The notice given by the secretary of state under	2406
division (F) of this section shall be in writing and shall specify	2407
both of the following:	2408

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

2409

(b) The date on which certification will be withdrawn unless	2410
the vendor takes satisfactory corrective measures or explains why	2411
there are no problems with the equipment or why the enhancements	2412
or adjustments to the equipment are not significant.	2413

(2) A vendor who receives a notice under division (F) of this	2414
section shall, within thirty days after receiving it, submit to	2415
the board of voting machine examiners in writing a description of	2416
the corrective measures taken and the date on which they were	2417
taken, or the explanation required under division (G)(1)(b) of	2418
this section.	2419

(3) Not later than fifteen days after receiving a written	2420
description or explanation under division (G)(2) of this section	2421
from a vendor, the board shall determine whether the corrective	2422
measures taken or the explanation is satisfactory to allow	2423
continued certification of the equipment, and the secretary of	2424
state shall send the vendor a written notice of the board's	2425
determination, specifying the reasons for it. If the board has	2426
determined that the measures taken or the explanation given is	2427
unsatisfactory, the notice shall include the effective date of	2428
withdrawal of the certification. This date may be different from	2429
the date originally specified in division (G)(1)(b) of this	2430
section.	2431

(4) A vendor who receives a notice under division (G)(3) of	2432
this section indicating a decision to withdraw certification may,	2433
within thirty days after receiving it, request in writing that the	2434
board hold a hearing to reconsider its decision. Any interested	2435
party shall be given the opportunity to submit testimony or	2436
documentation in support of or in opposition to the board's	2437
recommendation to withdraw certification. Failure of the vendor to	2438
take appropriate steps as described in division (G)(1)(b) or to	2439
comply with division (G)(2) of this section results in a waiver of	2440
the vendor's rights under division (G)(4) of this section.	2441

(H)(1) The secretary of state, in consultation with the board	2442
of voting machine examiners, shall establish, by rule, guidelines	2443
for the approval, certification, and continued certification of	2444
the voting machines, marking devices, ~~and~~ tabulating equipment,	2445
and electronic pollbooks to be used under Title XXXV of the	2446
Revised Code. The guidelines shall establish procedures requiring	2447
vendors or computer software developers to place in escrow with an	2448
independent escrow agent approved by the secretary of state a copy	2449
of all source code and related documentation, together with	2450
periodic updates as they become known or available. The secretary	2451
of state shall require that the documentation include a system	2452
configuration and that the source code include all relevant	2453
program statements in low- or high-level languages. As used in	2454
this division, "source code" does not include variable codes	2455
created for specific elections.	2456

(2) Nothing in any rule adopted under division (H) of this	2457
section shall be construed to limit the ability of the secretary	2458
of state to follow or adopt, or to preclude the secretary of state	2459
from following or adopting, any guidelines proposed by the federal	2460
election commission, any entity authorized by the federal election	2461
commission to propose guidelines, the election assistance	2462
commission, or any entity authorized by the election assistance	2463
commission to propose guidelines.	2464

(3)(a) Before the initial certification of any direct	2465
recording electronic voting machine with a voter verified paper	2466
audit trail, and as a condition for the continued certification	2467
and use of those machines, the secretary of state shall establish,	2468
by rule, standards for the certification of those machines. Those	2469
standards shall include, but are not limited to, all of the	2470
following:	2471

(i) A definition of a voter verified paper audit trail as a	2472
paper record of the voter's choices that is verified by the voter	2473
prior to the casting of the voter's ballot and that is securely	2474
retained by the board of elections;	2475

(ii) Requirements that the voter verified paper audit trail	2476
shall not be retained by any voter and shall not contain	2477
individual voter information;	2478

(iii) A prohibition against the production by any direct	2479
recording electronic voting machine of anything that legally could	2480
be removed by the voter from the polling place, such as a receipt	2481
or voter confirmation;	2482

(iv) A requirement that paper used in producing a voter	2483
verified paper audit trail be sturdy, clean, and resistant to	2484
degradation;	2485

(v) A requirement that the voter verified paper audit trail	2486
shall be capable of being optically scanned for the purpose of	2487
conducting a recount or other audit of the voting machine and	2488
shall be readable in a manner that makes the voter's ballot	2489
choices obvious to the voter without the use of computer or	2490
electronic codes;	2491

(vi) A requirement, for office-type ballots, that the voter	2492
verified paper audit trail include the name of each candidate	2493
selected by the voter;	2494

(vii) A requirement, for questions and issues ballots, that	2495
the voter verified paper audit trail include the title of the	2496
question or issue, the name of the entity that placed the question	2497
or issue on the ballot, and the voter's ballot selection on that	2498
question or issue, but not the entire text of the question or	2499
issue.	2500

(b) The secretary of state, by rule adopted under Chapter	2501
119. of the Revised Code, may waive the requirement under division	2502
(H)(3)(a)(v) of this section, if the secretary of state determines	2503
that the requirement is cost prohibitive.	2504

(4)(a) Except as otherwise provided in division (H)(4)(c) of	2505
this section, any voting machine, marking device, or automatic	2506
tabulating equipment initially certified or acquired on or after	2507
December 1, 2008, shall have the most recent federal certification	2508
number issued by the election assistance commission.	2509

(b) Any voting machine, marking device, or automatic	2510
tabulating equipment certified for use in this state on September	2511
12, 2008, shall meet, as a condition of continued certification	2512
and use, the voting system standards adopted by the federal	2513
election commission in 2002.	2514

(c) A county that acquires additional voting machines,	2515
marking devices, or automatic tabulating equipment on or after	2516
December 1, 2008, shall not be considered to have acquired those	2517
machines, devices, or equipment on or after December 1, 2008, for	2518
the purpose of division (H)(4)(a) of this section if all of the	2519
following apply:	2520

(i) The voting machines, marking devices, or automatic	2521
tabulating equipment acquired are the same as the machines,	2522
devices, or equipment currently used in that county.	2523

(ii) The acquisition of the voting machines, marking devices,	2524
or automatic tabulating equipment does not replace or change the	2525
primary voting system used in that county.	2526

(iii) The acquisition of the voting machines, marking	2527
devices, or automatic tabulating equipment is for the purpose of	2528
replacing inoperable machines, devices, or equipment or for the	2529
purpose providing additional machines, devices, or equipment	2530
required to meet the allocation requirements established pursuant	2531
to division (I) of section 3501.11 of the Revised Code.	2532

Sec. 3506.12. In counties where marking devices, automatic	2533
tabulating equipment, voting machines, or any combination of these	2534
are in use or are to be used, the board of elections:	2535

(A) May combine, rearrange, and enlarge precincts; but the	2536
board shall arrange for a sufficient number of these devices to	2537
accommodate the number of electors in each precinct as determined	2538
by the number of votes cast in that precinct at the most recent	2539
election for the office of governor, taking into consideration the	2540
size and location of each selected polling place, available	2541
parking, handicap accessibility and other accessibility to the	2542
polling place, and the number of candidates and issues to be voted	2543
on. Notwithstanding section 3501.22 of the Revised Code, the board	2544
may appoint more than four precinct officers to each precinct if	2545
this is made necessary by the number of voting machines to be used	2546
in that precinct.	2547

(B) Except as otherwise provided in this division, shall	2548
establish one or more counting stations to receive voted ballots	2549
and other precinct election supplies after the polling precincts	2550
are closed. Those stations shall be under the supervision and	2551
direction of the board of elections. Processing and counting of	2552
voted ballots, and the preparation of summary sheets, shall be	2553
done in the presence of observers approved by the board. A	2554
certified copy of the summary sheet for the precinct shall be	2555
posted at each counting station immediately after completion of	2556
the summary sheet.	2557

~~In counties where punch card ballots are used, one or more~~	2558
~~counting stations, located at the board of elections, shall be~~	2559
~~established, at which location all punch card ballots shall be~~	2560
~~counted.~~	2561

~~As used in this division, "punch card ballot" has the same~~	2562
~~meaning as in section 3506.16 of the Revised Code.~~	2563

Sec. 3506.15. The secretary of state shall provide each	2564
board of elections with rules, instructions, directives, and	2565
advisories regarding the examination, testing, and use of the	2566
voting machine and tabulating equipment, the assignment of duties	2567
of booth officials, the procedure for casting a vote on the	2568
machine, and how the vote shall be tallied and reported to the	2569
board, and with other rules, instructions, directives, and	2570
advisories the secretary of state finds necessary to ensure the	2571
adequate care and custody of voting equipment, and the accurate	2572
registering, counting, and canvassing of the votes as required by	2573
this chapter. The boards of elections shall be charged with the	2574
responsibility of providing for the adequate instruction of voters	2575
and election officials in the proper use of the voting machine and	2576
marking devices. ~~The boards' instructions shall include, in~~	2577
~~counties where punch card ballots are used, instructions that each~~	2578
~~voter shall examine the voter's marked ballot card and remove any~~	2579
~~chads that remain partially attached to it before returning it to~~	2580
~~election officials.~~	2581

The secretary of state's rules, instructions, directives, and	2582
advisories provided under this section shall comply, insofar as	2583
practicable, with this chapter. The provisions of Title XXXV of	2584
the Revised Code, not inconsistent with the provisions relating to	2585
voting machines, apply in any county using a voting machine.	2586

~~As used in this section, "chad" and "punch card ballot" have~~	2587
~~the same meanings as in section 3506.16 of the Revised Code.~~	2588

Sec. 3509.01. (A) The board of elections of each county shall	2589
provide absent voter's ballots for use at every primary and	2590
general election, or special election to be held on the day	2591
specified by division (E) of section 3501.01 of the Revised Code	2592
for the holding of a primary election, designated by the general	2593
assembly for the purpose of submitting constitutional amendments	2594
proposed by the general assembly to the voters of the state. Those	2595
ballots shall be the same size, shall be printed on the same kind	2596
of paper, and shall be in the same form as has been approved for	2597
use at the election for which those ballots are to be voted;	2598
except that, in counties using marking devices, ballot cards may	2599
be used for absent voter's ballots, and those absent voters shall	2600
be instructed to record the vote in the manner provided on the	2601
ballot cards. ~~In counties where punch card ballots are used, those~~	2602
~~absent voters shall be instructed to examine their marked ballot~~	2603
~~cards and to remove any chads that remain partially attached to~~	2604
~~them before returning them to election officials.~~	2605

(B) The rotation of names of candidates and questions and	2606
issues shall be substantially complied with on absent voter's	2607
ballots, within the limitation of time allotted. Those ballots	2608
shall be designated as "Absent Voter's Ballots." Except as	2609
otherwise provided in division (D) of this section, those ballots	2610
shall be printed and ready for use as follows:	2611

(1) For overseas voters and absent uniformed services voters	2612
eligible to vote under the Uniformed and Overseas Citizens	2613
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	2614
1973ff, et seq., as amended, ballots shall be printed and ready	2615
for use on the forty-fifth day before the day of the election.	2616

(2) For all other voters who are applying to vote absent	2617
voter's ballots, ballots shall be printed and ready for use on the	2618
thirty-fifth day before the day of the election.	2619

(C) Absent voter's ballots provided for use at a general or	2620
primary election, or special election to be held on the day	2621
specified by division (E) of section 3501.01 of the Revised Code	2622
for the holding of a primary election, designated by the general	2623
assembly for the purpose of submitting constitutional amendments	2624
proposed by the general assembly to the voters of the state, shall	2625
include only those questions, issues, and candidacies that have	2626
been lawfully ordered submitted to the electors voting at that	2627
election.	2628

(D) If the laws governing the holding of a special election	2629
on a day other than the day on which a primary or general election	2630
is held make it impossible for absent voter's ballots to be	2631
printed and ready for use by the deadlines established in division	2632
(B) of this section, absent voter's ballots for those special	2633
elections shall be ready for use as many days before the day of	2634
the election as reasonably possible under the laws governing the	2635
holding of that special election.	2636

(E) A copy of the absent voter's ballots shall be forwarded	2637
by the director of the board in each county to the secretary of	2638
state at least twenty-five days before the election.	2639

~~(F) As used in this section, "chad" and "punch card ballot"~~	2640
~~have the same meanings as in section 3506.16 of the Revised Code.~~	2641

Sec. 3509.06. (A) The board of elections shall determine	2642
whether absent voter's ballots shall be counted in each precinct,	2643
at the office of the board, or at some other location designated	2644
by the board, and shall proceed accordingly under division (B) or	2645
(C) of this section.	2646

(B) When the board of elections determines that absent	2647
voter's ballots shall be counted in each precinct, the director	2648
shall deliver to the ~~presiding judge~~voting location manager of	2649
each precinct on election day identification envelopes purporting	2650
to contain absent voter's ballots of electors whose voting	2651
residence appears from the statement of voter on the outside of	2652
each of those envelopes, to be located in ~~such presiding judge's~~	2653
that manager's precinct, and which were received by the director	2654
not later than the close of the polls on election day. The	2655
director shall deliver to ~~such presiding judge~~the voting location	2656
manager a list containing the name and voting residence of each	2657
person whose voting residence is in such precinct to whom absent	2658
voter's ballots were mailed.	2659

(C) When the board of elections determines that absent	2660
voter's ballots shall be counted at the office of the board of	2661
elections or at another location designated by the board, special	2662
election ~~judges~~officials shall be appointed by the board for that	2663
purpose having the same authority as is exercised by precinct	2664
~~judges~~election officials. The votes so cast shall be added to the	2665
vote totals by the board, and the absent voter's ballots shall be	2666
preserved separately by the board, in the same manner and for the	2667
same length of time as provided by section 3505.31 of the Revised	2668
Code.	2669

(D) Each of the identification envelopes purporting to	2670
contain absent voter's ballots delivered to the ~~presiding judge~~	2671
voting location manager of the precinct or the special ~~judge~~	2672
election official appointed by the board of elections shall be	2673
handled as follows: The election officials shall compare the	2674
signature of the elector on the outside of the identification	2675
envelope with the signature of that elector on the elector's	2676
registration form and verify that the absent voter's ballot is	2677
eligible to be counted under section 3509.07 of the Revised Code.	2678
Any of the precinct officials may challenge the right of the	2679
elector named on the identification envelope to vote the absent	2680
voter's ballots upon the ground that the signature on the envelope	2681
is not the same as the signature on the registration form, or upon	2682
any other of the grounds upon which the right of persons to vote	2683
may be lawfully challenged. If no such challenge is made, or if	2684
such a challenge is made and not sustained, the ~~presiding judge~~	2685
voting location manager shall open the envelope without defacing	2686
the statement of voter and without mutilating the ballots in it,	2687
and shall remove the ballots contained in it and proceed to count	2688
them.	2689

The name of each person voting who is entitled to vote only	2690
an absent voter's presidential ballot shall be entered in a	2691
pollbook or poll list or signature pollbook followed by the words	2692
"Absentee Presidential Ballot." The name of each person voting an	2693
absent voter's ballot, other than such persons entitled to vote	2694
only a presidential ballot, shall be entered in the pollbook or	2695
poll list or signature pollbook and the person's registration card	2696
marked to indicate that the person has voted.	2697

The date of such election shall also be entered on the	2698
elector's registration form. If any such challenge is made and	2699
sustained, the identification envelope of such elector shall not	2700
be opened, shall be endorsed "Not Counted" with the reasons the	2701
ballots were not counted, and shall be delivered to the board.	2702

(E) Special election ~~judges~~officials, employees or members	2703
of the board of elections, or observers shall not disclose the	2704
count or any portion of the count of absent voter's ballots prior	2705
to the time of the closing of the polling places. No person shall	2706
recklessly disclose the count or any portion of the count of	2707
absent voter's ballots in such a manner as to jeopardize the	2708
secrecy of any individual ballot.	2709

(F) Observers may be appointed under section 3505.21 of the	2710
Revised Code to witness the examination and opening of	2711
identification envelopes and the counting of absent voters'	2712
ballots under this section.	2713

Sec. 3513.131. In the event two or more persons with	2714
identical surnames run for the same office in a primary election	2715
on the same ballot, the names of the candidates shall be	2716
differentiated on the ballot by varying combinations of first and	2717
middle names and initials. Within twenty-four hours after the	2718
final date for filing declarations of candidacy or petitions for	2719
candidacy, the director of the board of elections for local,	2720
municipal, county, general, or special elections, or the director	2721
of the board of elections of the most populous county for	2722
district, general, or special elections, or the secretary of state	2723
for state-wide general and special elections shall notify the	2724
persons with identical given names and surnames that the names of	2725
such persons will be differentiated on the ballot. If one of the	2726
candidates is an incumbent who is a candidate to succeed ~~himself~~	2727
self for the office hethe incumbent occupies, hethe incumbent	2728
shall have first choice of the name by which hethe incumbent is	2729
designated on the ballot. If an incumbent does not make a choice	2730
within two days after notification or if none of the candidates is	2731
an incumbent, the board of elections within three days after	2732
notification shall designate the names by which the candidates are	2733
identified on the ballot. In case of a district candidate the	2734
board of elections in the most populous county shall make the	2735
determination. In case of state-wide candidates, or in the case	2736
any board of elections fails to make a designation within three	2737
days after notification, the secretary of state shall immediately	2738
make the determination.	2739

"Notification" as required by this section shall be by the	2740
director of the board of elections or secretary of state by	2741
~~special delivery or telegram~~certified mail at the candidate's	2742
address listed in ~~his~~the candidate's declaration or petition of	2743
candidacy.	2744

Sec. 3513.18. Party primaries shall be held at the same	2745
place and time, but there shall be separate pollbooks,and tally	2746
sheets~~, and ballot boxes~~ provided at each polling place for each	2747
party participating in the election~~, and the ballot of each voter~~	2748
~~shall be placed in the ballot box of the party with which he is~~	2749
~~affiliated~~. ~~Each ballot box shall be plainly marked with the name~~	2750
~~of the political party whose ballots are to be placed therein, by~~	2751
~~letters pasted or printed thereon or by a card attached thereto,~~	2752
~~or both, and so placed that the designation may be easily seen and~~	2753
~~read by the voter.~~	2754

If a special election on a question or issue is held on the	2755
day of a primary election, there shall be provided in the	2756
pollbooks pages on which shall be recorded the names of all	2757
electors voting on said question or issue and not voting in such	2758
primary. It shall not be necessary for electors desiring to vote	2759
only on the question or issue to declare their political	2760
affiliation.	2761

Sec. 3513.19. (A) It is the duty of any ~~judge of elections~~	2762
precinct election official, whenever any ~~judge of elections~~such	2763
official doubts that a person attempting to vote at a primary	2764
election is legally entitled to vote at that election, to	2765
challenge the right of that person to vote. The right of a person	2766
to vote at a primary election may be challenged upon the following	2767
grounds:	2768

(1) That the person whose right to vote is challenged is not	2769
a legally qualified elector;	2770

(2) That the person has received or has been promised some	2771
valuable reward or consideration for the person's vote;	2772

(3) That the person is not affiliated with or is not a member	2773
of the political party whose ballot the person desires to vote.	2774
Such party affiliation shall be determined by examining the	2775
elector's voting record for the current year and the immediately	2776
preceding two calendar years as shown on the voter's registration	2777
card, using the standards of affiliation specified in the seventh	2778
paragraph of section 3513.05 of the Revised Code. Division (A)(3)	2779
of this section and the seventh paragraph of section 3513.05 of	2780
the Revised Code do not prohibit a person who holds an elective	2781
office for which candidates are nominated at a party primary	2782
election from doing any of the following:	2783

(a) If the person voted as a member of a different political	2784
party at any primary election within the current year and the	2785
immediately preceding two calendar years, being a candidate for	2786
nomination at a party primary held during the times specified in	2787
division (C)(2) of section 3513.191 of the Revised Code provided	2788
that the person complies with the requirements of that section;	2789

(b) Circulating the person's own petition of candidacy for	2790
party nomination in the primary election.	2791

(B) When the right of a person to vote is challenged upon the	2792
ground set forth in division (A)(3) of this section, membership in	2793
or political affiliation with a political party shall be	2794
determined by the person's statement, made under penalty of	2795
election falsification, that the person desires to be affiliated	2796
with and supports the principles of the political party whose	2797
primary ballot the person desires to vote.	2798

Sec. 3513.21. At the close of the polls in a primary	2799
election, the ~~judges of~~precinct election officials shall proceed	2800
without delay to canvass the vote, sign and seal it, and make	2801
returns thereof to the board of elections forthwith on the forms	2802
to be provided by the board. The provisions of Title XXXV of the	2803
Revised Code relating to the accounting for and return of all	2804
ballots at general elections apply to primary ballots.	2805

If there is any disagreement as to how a ballot should be	2806
counted it shall be submitted to all of the ~~judges~~precinct	2807
election officials. If three of the ~~judges~~precinct election	2808
officials do not agree as to how any part of the ballot shall be	2809
counted, that part of such ballot which three of the ~~judges~~	2810
officials do agree shall be counted and a notation made upon the	2811
ballot indicating what part has not been counted, and shall be	2812
placed in an envelope provided for that purpose, marked "Disputed	2813
Ballots" and returned to the board.	2814

The board shall, on the day when the vote is canvassed, open	2815
such sealed envelopes, determine what ballots and for whom they	2816
should be counted, and proceed to count and tally the votes on	2817
such ballots.	2818

Sec. 3515.04. At the time and place fixed for making a	2819
recount, the board of elections, in the presence of all observers	2820
who may be in attendance, shall open the sealed containers	2821
containing the ballots to be recounted, and shall recount them. If	2822
~~a county used punch card ballots and if a chad is attached to a~~	2823
~~punch card ballot by three or four corners, the voter shall be~~	2824
~~deemed by the board not to have recorded a candidate, question, or~~	2825
~~issue choice at the particular position on the ballot, and a vote~~	2826
~~shall not be counted at that particular position on the ballot in~~	2827
~~the recount.~~ Ballots shall be handled only by the members of the	2828
board or by the director or other employees of the board.	2829
Observers shall be permitted to see the ballots, but they shall	2830
not be permitted to touch them, and the board shall not permit the	2831
counting or tabulation of votes shown on the ballots for any	2832
nomination, or for election to any office or position, or upon any	2833
question or issue, other than the votes shown on such ballots for	2834
the nomination, election, question, or issue concerning which a	2835
recount of ballots was applied for.	2836

At any time before the ballots from all of the precincts	2837
listed in an application for the recount or involved in a recount	2838
pursuant to section 3515.011 of the Revised Code have been	2839
recounted, the applicant or declared losing candidate or nominee	2840
or each of the declared losing candidates or nominees entitled to	2841
file a request prior to the commencement of a recount, as provided	2842
in section 3515.03 of the Revised Code, may file with the board a	2843
written request to stop the recount and not recount the ballots	2844
from the precincts so listed that have not been recounted prior to	2845
the time of the request. If, upon the request, the board finds	2846
that results of the votes in the precincts recounted, if	2847
substituted for the results of the votes in those precincts as	2848
shown in the abstract of the votes in those precincts, would not	2849
cause the applicant, if a person for whom votes were cast for	2850
nomination or election, to be declared nominated or elected or if	2851
an election upon a question or issue would not cause a result	2852
contrary to the result as declared prior to such recount, it shall	2853
grant the request and shall not recount the ballots of the	2854
precincts listed in the application for recount that have not been	2855
recounted prior to that time. If the board finds otherwise, it	2856
shall deny the request and shall continue to recount ballots until	2857
the ballots from all of the precincts listed in the application	2858
for recount have been recounted; provided that, if the request is	2859
denied, it may be renewed from time to time. Upon any such	2860
renewal, the board shall consider and act upon the request in the	2861
same manner as provided in this section in connection with an	2862
original request.	2863

~~As used in this section, "chad" and "punch card ballot" have~~	2864
~~the same meanings as in section 3506.16 of the Revised Code.~~	2865

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

2866

(1) "Statewide office" means any of the offices of governor,	2867
lieutenant governor, secretary of state, auditor of state,	2868
treasurer of state, attorney general, chief justice of the supreme	2869
court, and justice of the supreme court.	2870

(2) "Addendum to a statement" includes an amendment or other	2871
correction to that statement.	2872

(B)(1) The secretary of state shall store on computer the	2873
information contained in statements of contributions and	2874
expenditures and monthly statements required to be filed under	2875
section 3517.10 of the Revised Code and in statements of	2876
independent expenditures required to be filed under section	2877
3517.105 of the Revised Code by any of the following:	2878

(a) The campaign committees of candidates for statewide	2879
office;	2880

(b) The political action committees and political	2881
contributing entities described in division (A)(1) of section	2882
3517.11 of the Revised Code;	2883

2884

(d) State political parties;

2885

(e) Individuals, partnerships, corporations, labor	2886
organizations, or other entities that make independent	2887
expenditures in support of or opposition to a statewide candidate	2888
or a statewide ballot issue or question;	2889

(f) The campaign committees of candidates for the office of	2890
member of the general assembly;	2891

(g) County political parties, with respect to their state	2892
candidate funds.	2893

(2) The secretary of state shall store on computer the	2894
information contained in disclosure of electioneering	2895
communications statements required to be filed under section	2896
3517.1011 of the Revised Code.	2897

(3) The secretary of state shall store on computer the	2898
information contained in deposit and disbursement statements	2899
required to be filed with the office of the secretary of state	2900
under section 3517.1012 of the Revised Code.	2901

(4) The secretary of state shall store on computer the gift	2902
and disbursement information contained in statements required to	2903
be filed with the office of the secretary of state under section	2904
3517.1013 of the Revised Code.	2905

(5) The secretary of state shall store on computer the	2906
information contained in donation and disbursement statements	2907
required to be filed with the office of the secretary of state	2908
under section 3517.1014 of the Revised Code.	2909

(C)(1) The secretary of state shall make available to the	2910
campaign committees, political action committees, political	2911
contributing entities, legislative campaign funds, political	2912
parties, individuals, partnerships, corporations, labor	2913
organizations, treasurers of transition funds, and other entities	2914
described in division (B) of this section, and to members of the	2915
news media and other interested persons, for a reasonable fee,	2916
computer programs that are compatible with the secretary of	2917
state's method of storing the information contained in the	2918
statements.	2919

(2) The secretary of state shall make the information	2920
required to be stored under division (B) of this section available	2921
on computer at the secretary of state's office so that, to the	2922
maximum extent feasible, individuals may obtain at the secretary	2923
of state's office any part or all of that information for any	2924
given year, subject to the limitation expressed in division (D) of	2925
this section.	2926

(D) The secretary of state shall keep the information stored	2927
on computer under division (B) of this section for at least six	2928
years.	2929

(E)(1) Subject to division (L) of this section and subject to	2930
the secretary of state having implemented, tested, and verified	2931
the successful operation of any system the secretary of state	2932
prescribes pursuant to division (H)(1) of this section and	2933
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	2934
Code for the filing of campaign finance statements by electronic	2935
means of transmission, the campaign committee of each candidate	2936
for statewide office may file the statements prescribed by section	2937
3517.10 of the Revised Code by electronic means of transmission	2938
or, if the total amount of the contributions received or the total	2939
amount of the expenditures made by the campaign committee for the	2940
applicable reporting period as specified in division (A) of	2941
section 3517.10 of the Revised Code exceeds ten thousand dollars,	2942
shall file those statements by electronic means of transmission.	2943

Except as otherwise provided in this division, within five	2944
business days after a statement filed by a campaign committee of a	2945
candidate for statewide office is received by the secretary of	2946
state by electronic or other means of transmission, the secretary	2947
of state shall make available online to the public through the	2948
internet, as provided in division (I) of this section, the	2949
contribution and expenditure information in that statement. The	2950
secretary of state shall not make available online to the public	2951
through the internet any contribution or expenditure information	2952
contained in a statement for any candidate until the secretary of	2953
state is able to make available online to the public through the	2954
internet the contribution and expenditure information for all	2955
candidates for a particular office, or until the applicable filing	2956
deadline for that statement has passed, whichever is sooner. As	2957
soon as the secretary of state has available all of the	2958
contribution and expenditure information for all candidates for a	2959
particular office, or as soon as the applicable filing deadline	2960
for a statement has passed, whichever is sooner, the secretary of	2961
state shall simultaneously make available online to the public	2962
through the internet the information for all candidates for that	2963
office.	2964

If a statement filed by electronic means of transmission is	2965
found to be incomplete or inaccurate after the examination of the	2966
statement for completeness and accuracy pursuant to division	2967
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	2968
committee shall file by electronic means of transmission any	2969
addendum to the statement that provides the information necessary	2970
to complete or correct the statement or, if required by the	2971
secretary of state under that division, an amended statement.	2972

Within five business days after the secretary of state	2973
receives from a campaign committee of a candidate for statewide	2974
office an addendum to the statement or an amended statement by	2975
electronic or other means of transmission under this division or	2976
division (B)(3)(a) of section 3517.11 of the Revised Code, the	2977
secretary of state shall make the contribution and expenditure	2978
information in the addendum or amended statement available online	2979
to the public through the internet as provided in division (I) of	2980
this section.	2981

(2) Subject to the secretary of state having implemented,	2982
tested, and verified the successful operation of any system the	2983
secretary of state prescribes pursuant to division (H)(1) of this	2984
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	2985
the Revised Code for the filing of campaign finance statements by	2986
electronic means of transmission, a political action committee and	2987
a political contributing entity described in division (B)(1)(b) of	2988
this section, a legislative campaign fund, and a state political	2989
party may file the statements prescribed by section 3517.10 of the	2990
Revised Code by electronic means of transmission or, if the total	2991
amount of the contributions received or the total amount of the	2992
expenditures made by the political action committee, political	2993
contributing entity, legislative campaign fund, or state political	2994
party for the applicable reporting period as specified in division	2995
(A) of section 3517.10 of the Revised Code exceeds ten thousand	2996
dollars, shall file those statements by electronic means of	2997
transmission.	2998

Within five business days after a statement filed by a	2999
political action committee or a political contributing entity	3000
described in division (B)(1)(b) of this section, a legislative	3001
campaign fund, or a state political party is received by the	3002
secretary of state by electronic or other means of transmission,	3003
the secretary of state shall make available online to the public	3004
through the internet, as provided in division (I) of this section,	3005
the contribution and expenditure information in that statement.	3006

If a statement filed by electronic means of transmission is	3007
found to be incomplete or inaccurate after the examination of the	3008
statement for completeness and accuracy pursuant to division	3009
(B)(3)(a) of section 3517.11 of the Revised Code, the political	3010
action committee, political contributing entity, legislative	3011
campaign fund, or state political party shall file by electronic	3012
means of transmission any addendum to the statement that provides	3013
the information necessary to complete or correct the statement or,	3014
if required by the secretary of state under that division, an	3015
amended statement.	3016

Within five business days after the secretary of state	3017
receives from a political action committee or a political	3018
contributing entity described in division (B)(1)(b) of this	3019
section, a legislative campaign fund, or a state political party	3020
an addendum to the statement or an amended statement by electronic	3021
or other means of transmission under this division or division	3022
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	3023
state shall make the contribution and expenditure information in	3024
the addendum or amended statement available online to the public	3025
through the internet as provided in division (I) of this section.	3026

(3) Subject to the secretary of state having implemented,	3027
tested, and verified the successful operation of any system the	3028
secretary of state prescribes pursuant to division (H)(1) of this	3029
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	3030
the Revised Code for the filing of campaign finance statements by	3031
electronic means of transmission, a county political party shall	3032
file the statements prescribed by section 3517.10 of the Revised	3033
Code with respect to its state candidate fund by electronic means	3034
of transmission to the office of the secretary of state.	3035

Within five business days after a statement filed by a county	3036
political party with respect to its state candidate fund is	3037
received by the secretary of state by electronic means of	3038
transmission, the secretary of state shall make available online	3039
to the public through the internet, as provided in division (I) of	3040
this section, the contribution and expenditure information in that	3041
statement.	3042

If a statement is found to be incomplete or inaccurate after	3043
the examination of the statement for completeness and accuracy	3044
pursuant to division (B)(3)(a) of section 3517.11 of the Revised	3045
Code, a county political party shall file by electronic means of	3046
transmission any addendum to the statement that provides the	3047
information necessary to complete or correct the statement or, if	3048
required by the secretary of state under that division, an amended	3049
statement.	3050

Within five business days after the secretary of state	3051
receives from a county political party an addendum to the	3052
statement or an amended statement by electronic means of	3053
transmission under this division or division (B)(3)(a) of section	3054
3517.11 of the Revised Code, the secretary of state shall make the	3055
contribution and expenditure information in the addendum or	3056
amended statement available online to the public through the	3057
internet as provided in division (I) of this section.	3058

(F)(1) Subject to division (L) of this section and subject to	3059
the secretary of state having implemented, tested, and verified	3060
the successful operation of any system the secretary of state	3061
prescribes pursuant to division (H)(1) of this section and	3062
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	3063
Code for the filing of campaign finance statements by electronic	3064
means of transmission, a campaign committee of a candidate for the	3065
office of member of the general assembly or a campaign committee	3066
of a candidate for the office of judge of a court of appeals may	3067
file the statements prescribed by section 3517.10 of the Revised	3068
Code in accordance with division (A)(2) of section 3517.11 of the	3069
Revised Code or by electronic means of transmission to the office	3070
of the secretary of state or, if the total amount of the	3071
contributions received by the campaign committee for the	3072
applicable reporting period as specified in division (A) of	3073
section 3517.10 of the Revised Code exceeds ten thousand dollars,	3074
shall file those statements by electronic means of transmission to	3075
the office of the secretary of state.	3076

Except as otherwise provided in this division, within five	3077
business days after a statement filed by a campaign committee of a	3078
candidate for the office of member of the general assembly or a	3079
campaign committee of a candidate for the office of judge of a	3080
court of appeals is received by the secretary of state by	3081
electronic or other means of transmission, the secretary of state	3082
shall make available online to the public through the internet, as	3083
provided in division (I) of this section, the contribution and	3084
expenditure information in that statement. The secretary of state	3085
shall not make available online to the public through the internet	3086
any contribution or expenditure information contained in a	3087
statement for any candidate until the secretary of state is able	3088
to make available online to the public through the internet the	3089
contribution and expenditure information for all candidates for a	3090
particular office, or until the applicable filing deadline for	3091
that statement has passed, whichever is sooner. As soon as the	3092
secretary of state has available all of the contribution and	3093
expenditure information for all candidates for a particular	3094
office, or as soon as the applicable filing deadline for a	3095
statement has passed, whichever is sooner, the secretary of state	3096
shall simultaneously make available online to the public through	3097
the internet the information for all candidates for that office.	3098

If a statement filed by electronic means of transmission is	3099
found to be incomplete or inaccurate after the examination of the	3100
statement for completeness and accuracy pursuant to division	3101
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	3102
committee shall file by electronic means of transmission to the	3103
office of the secretary of state any addendum to the statement	3104
that provides the information necessary to complete or correct the	3105
statement or, if required by the secretary of state under that	3106
division, an amended statement.	3107

Within five business days after the secretary of state	3108
receives from a campaign committee of a candidate for the office	3109
of member of the general assembly or a campaign committee of a	3110
candidate for the office of judge of a court of appeals an	3111
addendum to the statement or an amended statement by electronic or	3112
other means of transmission under this division or division	3113
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	3114
state shall make the contribution and expenditure information in	3115
the addendum or amended statement available online to the public	3116
through the internet as provided in division (I) of this section.	3117

(2) If a statement, addendum, or amended statement is not	3118
filed by electronic means of transmission to the office of the	3119
secretary of state but is filed by printed version only under	3120
division (A)(2) of section 3517.11 of the Revised Code with the	3121
appropriate board of elections, the campaign committee of a	3122
candidate for the office of member of the general assembly or a	3123
campaign committee of a candidate for the office of judge of a	3124
court of appeals shall file two copies of the printed version of	3125
the statement, addendum, or amended statement with the board of	3126
elections. The board of elections shall send one of those copies	3127
by certified mail or an electronic copy to the secretary of state	3128
before the close of business on the day the board of elections	3129
receives the statement, addendum, or amended statement.	3130

(G) Subject to the secretary of state having implemented,	3131
tested, and verified the successful operation of any system the	3132
secretary of state prescribes pursuant to division (H)(1) of this	3133
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	3134
the Revised Code for the filing of campaign finance statements by	3135
electronic means of transmission, any individual, partnership, or	3136
other entity that makes independent expenditures in support of or	3137
opposition to a statewide candidate or a statewide ballot issue or	3138
question as provided in division (B)(2)(b) or (C)(2)(b) of section	3139
3517.105 of the Revised Code may file the statement specified in	3140
that division by electronic means of transmission or, if the total	3141
amount of independent expenditures made during the reporting	3142
period under that division exceeds ten thousand dollars, shall	3143
file the statement specified in that division by electronic means	3144
of transmission.	3145

Within five business days after a statement filed by an	3146
individual, partnership, or other entity is received by the	3147
secretary of state by electronic or other means of transmission,	3148
the secretary of state shall make available online to the public	3149
through the internet, as provided in division (I) of this section,	3150
the expenditure information in that statement.	3151

If a statement filed by electronic means of transmission is	3152
found to be incomplete or inaccurate after the examination of the	3153
statement for completeness and accuracy pursuant to division	3154
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	3155
partnership, or other entity shall file by electronic means of	3156
transmission any addendum to the statement that provides the	3157
information necessary to complete or correct the statement or, if	3158
required by the secretary of state under that division, an amended	3159
statement.	3160

Within five business days after the secretary of state	3161
receives from an individual, partnership, or other entity	3162
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	3163
of the Revised Code an addendum to the statement or an amended	3164
statement by electronic or other means of transmission under this	3165
division or division (B)(3)(a) of section 3517.11 of the Revised	3166
Code, the secretary of state shall make the expenditure	3167
information in the addendum or amended statement available online	3168
to the public through the internet as provided in division (I) of	3169
this section.	3170

(H)(1) The secretary of state, by rule adopted pursuant to	3171
section 3517.23 of the Revised Code, shall prescribe one or more	3172
techniques by which a person who executes and transmits by	3173
electronic means a statement of contributions and expenditures, a	3174
statement of independent expenditures, a disclosure of	3175
electioneering communications statement, a deposit and	3176
disbursement statement, a gift and disbursement statement, or a	3177
donation and disbursement statement, an addendum to any of those	3178
statements, an amended statement of contributions and	3179
expenditures, an amended statement of independent expenditures, an	3180
amended disclosure of electioneering communications statement, an	3181
amended deposit and disbursement statement, an amended gift and	3182
disbursement statement, or an amended donation and disbursement	3183
statement, under this section or section 3517.10, 3517.105,	3184
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	3185
shall electronically sign the statement, addendum, or amended	3186
statement. Any technique prescribed by the secretary of state	3187
pursuant to this division shall create an electronic signature	3188
that satisfies all of the following:	3189

(a) It is unique to the signer.

3190

(b) It objectively identifies the signer.

3191

(c) It involves the use of a signature device or other means	3192
or method that is under the sole control of the signer and that	3193
cannot be readily duplicated or compromised.	3194

(d) It is created and linked to the electronic record to	3195
which it relates in a manner that, if the record or signature is	3196
intentionally or unintentionally changed after signing, the	3197
electronic signature is invalidated.	3198

(2) An electronic signature prescribed by the secretary of	3199
state under division (H)(1) of this section shall be attached to	3200
or associated with the statement of contributions and	3201
expenditures, the statement of independent expenditures, the	3202
disclosure of electioneering communications statement, the deposit	3203
and disbursement statement, the gift and disbursement statement,	3204
or the donation and disbursement statement, the addendum to any of	3205
those statements, the amended statement of contributions and	3206
expenditures, the amended statement of independent expenditures,	3207
the amended disclosure of electioneering communications statement,	3208
the amended deposit and disbursement statement, the amended gift	3209
and disbursement statement, or the amended donation and	3210
disbursement statement that is executed and transmitted by	3211
electronic means by the person to whom the electronic signature is	3212
attributed. The electronic signature that is attached to or	3213
associated with the statement, addendum, or amended statement	3214
under this division shall be binding on all persons and for all	3215
purposes under the campaign finance reporting law as if the	3216
signature had been handwritten in ink on a printed form.	3217

(I) The secretary of state shall make the contribution and	3218
expenditure, the contribution and disbursement, the deposit and	3219
disbursement, the gift and disbursement, or the donation and	3220
disbursement information in all statements, all addenda to the	3221
statements, and all amended statements that are filed with the	3222
secretary of state by electronic or other means of transmission	3223
under this section or section 3517.10, 3517.105, 3517.1011,	3224
3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code	3225
available online to the public by any means that are searchable,	3226
viewable, and accessible through the internet.	3227

(J)(1) As used in this division, "library" means a library	3228
that is open to the public and that is one of the following:	3229

(a) A library that is maintained and regulated under section	3230
715.13 of the Revised Code;	3231

(b) A library that is created, maintained, and regulated	3232
under Chapter 3375. of the Revised Code.	3233

(2) The secretary of state shall notify all libraries of the	3234
location on the internet at which the contribution and	3235
expenditure, contribution and disbursement, deposit and	3236
disbursement, gift and disbursement, or donation and disbursement	3237
information in campaign finance statements required to be made	3238
available online to the public through the internet pursuant to	3239
division (I) of this section may be accessed.	3240

If that location is part of the world wide web and if the	3241
secretary of state has notified a library of that world wide web	3242
location as required by this division, the library shall include a	3243
link to that world wide web location on each internet-connected	3244
computer it maintains that is accessible to the public.	3245

(3) If the system the secretary of state prescribes for the	3246
filing of campaign finance statements by electronic means of	3247
transmission pursuant to division (H)(1) of this section and	3248
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	3249
Code includes filing those statements through the internet via the	3250
world wide web, the secretary of state shall notify all libraries	3251
of the world wide web location at which those statements may be	3252
filed.	3253

If those statements may be filed through the internet via the	3254
world wide web and if the secretary of state has notified a	3255
library of that world wide web location as required by this	3256
division, the library shall include a link to that world wide web	3257
location on each internet-connected computer it maintains that is	3258
accessible to the public.	3259

(K) It is an affirmative defense to a complaint or charge	3260
brought against any campaign committee, political action	3261
committee, political contributing entity, legislative campaign	3262
fund, or political party, any individual, partnership, or other	3263
entity, any person making disbursements to pay the direct costs of	3264
producing or airing electioneering communications, or any	3265
treasurer of a transition fund, for the failure to file by	3266
electronic means of transmission a campaign finance statement as	3267
required by this section or section 3517.10, 3517.105, 3517.1011,	3268
3517.1012, 3517.1013, or 3517.1014 of the Revised Code that all of	3269
the following apply to the campaign committee, political action	3270
committee, political contributing entity, legislative campaign	3271
fund, or political party, the individual, partnership, or other	3272
entity, the person making disbursements to pay the direct costs of	3273
producing or airing electioneering communications, or the	3274
treasurer of a transition fund that failed to so file:	3275

(1) The campaign committee, political action committee,	3276
political contributing entity, legislative campaign fund, or	3277
political party, the individual, partnership, or other entity, the	3278
person making disbursements to pay the direct costs of producing	3279
or airing electioneering communications, or the treasurer of a	3280
transition fund attempted to file by electronic means of	3281
transmission the required statement prior to the deadline set	3282
forth in the applicable section.	3283

(2) The campaign committee, political action committee,	3284
political contributing entity, legislative campaign fund, or	3285
political party, the individual, partnership, or other entity, the	3286
person making disbursements to pay the direct costs of producing	3287
or airing electioneering communications, or the treasurer of a	3288
transition fund was unable to file by electronic means of	3289
transmission due to an expected or unexpected shutdown of the	3290
whole or part of the electronic campaign finance statement-filing	3291
system, such as for maintenance or because of hardware, software,	3292
or network connection failure.	3293

(3) The campaign committee, political action committee,	3294
political contributing entity, legislative campaign fund, or	3295
political party, the individual, partnership, or other entity, the	3296
person making disbursements to pay the direct costs of producing	3297
or airing electioneering communications, or the treasurer of a	3298
transition fund filed by electronic means of transmission the	3299
required statement within a reasonable period of time after being	3300
unable to so file it under the circumstance described in division	3301
(K)(2) of this section.	3302

(L)(1) The secretary of state shall adopt rules pursuant to	3303
Chapter 119. of the Revised Code to permit a campaign committee of	3304
a candidate for statewide office that makes expenditures of less	3305
than twenty-five thousand dollars during the filing period or a	3306
campaign committee for the office of member of the general	3307
assembly or the office of judge of a court of appeals that would	3308
otherwise be required to file campaign finance statements by	3309
electronic means of transmission under division (E) or (F) of this	3310
section to file those statements by paper with the office of the	3311
secretary of state. Those rules shall provide for all of the	3312
following:	3313

(a) An eligible campaign committee that wishes to file a	3314
campaign finance statement by paper instead of by electronic means	3315
of transmission shall file the statement on paper with the office	3316
of the secretary of state not sooner than twenty-four hours after	3317
the end of the filing period set forth in section 3517.10 of the	3318
Revised Code that is covered by the applicable statement.	3319

(b) The statement shall be accompanied by a fee, the amount	3320
of which the secretary of state shall determine by rule. The	3321
amount of the fee established under this division shall not exceed	3322
the data entry and data verification costs the secretary of state	3323
will incur to convert the information on the statement to an	3324
electronic format as required under division (I) of this section.	3325

(c) The secretary of state shall arrange for the information	3326
in campaign finance statements filed pursuant to division (L) of	3327
this section to be made available online to the public through the	3328
internet in the same manner, and at the same times, as information	3329
is made available under divisions (E), (F), and (I) of this	3330
section for candidates whose campaign committees file those	3331
statements by electronic means of transmission.	3332

(d) The candidate of an eligible campaign committee that	3333
intends to file a campaign finance statement pursuant to division	3334
(L) of this section shall file a notice indicating that the	3335
candidate's campaign committee intends to so file and stating that	3336
filing the statement by electronic means of transmission would	3337
constitute a hardship for the candidate or for the eligible	3338
campaign committee.	3339

(e) An eligible campaign committee that files a campaign	3340
finance statement on paper pursuant to division (L) of this	3341
section shall review the contribution and information made	3342
available online by the secretary of state with respect to that	3343
paper filing and shall notify the secretary of state of any errors	3344
with respect to that filing that appear in the data made available	3345
on that web site.	3346

(f) If an eligible campaign committee whose candidate has	3347
filed a notice in accordance with rules adopted under division	3348
(L)(1)(d) of this section subsequently fails to file that	3349
statement on paper by the applicable deadline established in rules	3350
adopted under division (L)(1)(a) of this section, penalties for	3351
the late filing of the campaign finance statement shall apply to	3352
that campaign committee for each day after that paper filing	3353
deadline, as if the campaign committee had filed the statement	3354
after the applicable deadline set forth in division (A) of section	3355
3517.10 of the Revised Code.	3356

(2) The process for permitting campaign committees that would	3357
otherwise be required to file campaign finance statements by	3358
electronic means of transmission to file those statements on paper	3359
with the office of the secretary of state that is required to be	3360
developed under division (L)(1) of this section shall be in effect	3361
and available for use by eligible campaign committees for all	3362
campaign finance statements that are required to be filed on or	3363
after June 30, 2005. Notwithstanding any provision of the Revised	3364
Code to the contrary, if the process the secretary of state is	3365
required to develop under division (L)(1) of this section is not	3366
in effect and available for use on and after June 30, 2005, all	3367
penalties for the failure of campaign committees to file campaign	3368
finance statements by electronic means of transmission shall be	3369
suspended until such time as that process is in effect and	3370
available for use.	3371

(3) Notwithstanding any provision of the Revised Code to the	3372
contrary, any eligible campaign committee that files campaign	3373
finance statements on paper with the office of the secretary of	3374
state pursuant to division (L)(1) of this section shall be deemed	3375
to have filed those campaign finance statements by electronic	3376
means of transmission to the office of the secretary of state.	3377

Sec. 3517.11. (A)(1) Campaign committees of candidates for	3378
statewide office or the state board of education, political action	3379
committees or political contributing entities that make	3380
contributions to campaign committees of candidates that are	3381
required to file the statements prescribed by section 3517.10 of	3382
the Revised Code with the secretary of state, political action	3383
committees or political contributing entities that make	3384
contributions to campaign committees of candidates for member of	3385
the general assembly, political action committees or political	3386
contributing entities that make contributions to state and	3387
national political parties and to legislative campaign funds,	3388
political action committees or political contributing entities	3389
that receive contributions or make expenditures in connection with	3390
a statewide ballot issue, political action committees or political	3391
contributing entities that make contributions to other political	3392
action committees or political contributing entities, political	3393
parties, and campaign committees, except as set forth in division	3394
(A)(3) of this section, legislative campaign funds, and state and	3395
national political parties shall file the statements prescribed by	3396
section 3517.10 of the Revised Code with the secretary of state.	3397

(2)(a) Except as otherwise provided in division (F) of	3398
section 3517.106 of the Revised Code, campaign committees of	3399
candidates for all other offices shall file the statements	3400
prescribed by section 3517.10 of the Revised Code with the board	3401
of elections where their candidates are required to file their	3402
petitions or other papers for nomination or election.	3403

(b) A campaign committee of a candidate for office of member	3404
of the general assembly or a campaign committee of a candidate for	3405
the office of judge of a court of appeals shall file two copies of	3406
the printed version of any statement, addendum, or amended	3407
statement if the committee does not file pursuant to division	3408
(F)(1) or (L) of section 3517.106 of the Revised Code but files by	3409
printed version only with the appropriate board of elections. The	3410
board of elections shall send one of those copies by certified	3411
mail or an electronic copy to the secretary of state before the	3412
close of business on the day the board of elections receives the	3413
statement, addendum, or amended statement.	3414

(3) Political action committees or political contributing	3415
entities that only contribute to a county political party,	3416
contribute to campaign committees of candidates whose nomination	3417
or election is to be submitted only to electors within a county,	3418
subdivision, or district, excluding candidates for member of the	3419
general assembly, and receive contributions or make expenditures	3420
in connection with ballot questions or issues to be submitted only	3421
to electors within a county, subdivision, or district shall file	3422
the statements prescribed by section 3517.10 of the Revised Code	3423
with the board of elections in that county or in the county	3424
contained in whole or part within the subdivision or district	3425
having a population greater than that of any other county	3426
contained in whole or part within that subdivision or district, as	3427
the case may be.	3428

(4) Except as otherwise provided in division (E)(3) of	3429
section 3517.106 of the Revised Code with respect to state	3430
candidate funds, county political parties shall file the	3431
statements prescribed by section 3517.10 of the Revised Code with	3432
the board of elections of their respective counties.	3433

(B)(1) The official with whom petitions and other papers for	3434
nomination or election to public office are filed shall furnish	3435
each candidate at the time of that filing a copy of sections	3436
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and	3437
3599.031 of the Revised Code and any other materials that the	3438
secretary of state may require. Each candidate receiving the	3439
materials shall acknowledge their receipt in writing.	3440

(2) On or before the tenth day before the dates on which	3441
statements are required to be filed by section 3517.10 of the	3442
Revised Code, every candidate subject to the provisions of this	3443
section and sections 3517.10 and 3517.106 of the Revised Code	3444
shall be notified of the requirements and applicable penalties of	3445
those sections. The secretary of state, by certified mail, return	3446
receipt requested, shall notify all candidates required to file	3447
those statements with the secretary of state's office. The board	3448
of elections of every county shall notify by first class mail any	3449
candidate who has personally appeared at the office of the board	3450
on or before the tenth day before the statements are required to	3451
be filed and signed a form, to be provided by the secretary of	3452
state, attesting that the candidate has been notified of the	3453
candidate's obligations under the campaign finance law. The board	3454
shall forward the completed form to the secretary of state. The	3455
board shall use certified mail, return receipt requested, to	3456
notify all other candidates required to file those statements with	3457
it.	3458

(3)(a) Any statement required to be filed under sections	3459
3517.081 to 3517.17 of the Revised Code that is found to be	3460
incomplete or inaccurate by the officer to whom it is submitted	3461
shall be accepted on a conditional basis, and the person who filed	3462
it shall be notified by certified mail as to the incomplete or	3463
inaccurate nature of the statement. The secretary of state may	3464
examine statements filed for candidates for the office of member	3465
of the general assembly and candidates for the office of judge of	3466
a court of appeals for completeness and accuracy. The secretary of	3467
state shall examine for completeness and accuracy statements that	3468
campaign committees of candidates for the office of member of the	3469
general assembly and campaign committees of candidates for the	3470
office of judge of a court of appeals file pursuant to division	3471
(F) or (L) of section 3517.106 of the Revised Code. If an officer	3472
at the board of elections where a statement filed for a candidate	3473
for the office of member of the general assembly or for a	3474
candidate for the office of judge of a court of appeals was	3475
submitted finds the statement to be incomplete or inaccurate, the	3476
officer shall immediately notify the secretary of state of its	3477
incomplete or inaccurate nature. If either an officer at the board	3478
of elections or the secretary of state finds a statement filed for	3479
a candidate for the office of member of the general assembly or	3480
for a candidate for the office of judge of a court of appeals to	3481
be incomplete or inaccurate, only the secretary of state shall	3482
send the notification as to the incomplete or inaccurate nature of	3483
the statement.	3484

Within twenty-one days after receipt of the notice, in the	3485
case of a pre-election statement, a postelection statement, a	3486
monthly statement, an annual statement, or a semiannual statement	3487
prescribed by section 3517.10, an annual statement prescribed by	3488
section 3517.101, or a statement prescribed by division (B)(2)(b)	3489
or (C)(2)(b) of section 3517.105 or section 3517.107 of the	3490
Revised Code, the recipient shall file an addendum, amendment, or	3491
other correction to the statement providing the information	3492
necessary to complete or correct the statement. The secretary of	3493
state may require that, in lieu of filing an addendum, amendment,	3494
or other correction to a statement that is filed by electronic	3495
means of transmission to the office of the secretary of state	3496
pursuant to section 3517.106 of the Revised Code, the recipient of	3497
the notice described in this division file by electronic means of	3498
transmission an amended statement that incorporates the	3499
information necessary to complete or correct the statement.	3500

The secretary of state shall determine by rule when an	3501
addendum, amendment, or other correction to any of the following	3502
or when an amended statement of any of the following shall be	3503
filed:	3504

(i) A two-business-day statement prescribed by section	3505
3517.10 of the Revised Code;	3506

(ii) A disclosure of electioneering communications statement	3507
prescribed by division (D) of section 3517.1011 of the Revised	3508
Code;	3509

(iii) A deposit and disbursement statement prescribed under	3510
division (B) of section 3517.1012 of the Revised Code;	3511

(iv) A gift and disbursement statement prescribed under	3512
section 3517.1013 of the Revised Code;	3513

(v) A donation and disbursement statement prescribed under	3514
section 3517.1014 of the Revised Code.	3515

An addendum, amendment, or other correction to a statement	3516
that is filed by electronic means of transmission pursuant to	3517
section 3517.106 of the Revised Code shall be filed in the same	3518
manner as the statement.	3519

The provisions of sections 3517.10, 3517.106, 3517.1011,	3520
3517.1012, 3517.1013, and 3517.1014 of the Revised Code pertaining	3521
to the filing of statements of contributions and expenditures,	3522
statements of independent expenditures, disclosure of	3523
electioneering communications statements, deposit and disbursement	3524
statements, gift and disbursement statements, and donation and	3525
disbursement statements by electronic means of transmission apply	3526
to the filing of addenda, amendments, or other corrections to	3527
those statements by electronic means of transmission and the	3528
filing of amended statements by electronic means of transmission.	3529

(b) Within five business days after the secretary of state	3530
receives, by electronic or other means of transmission, an	3531
addendum, amendment, or other correction to a statement or an	3532
amended statement under division (B)(3)(a) of this section, the	3533
secretary of state, pursuant to divisions (E), (F), (G), and (I)	3534
of section 3517.106 or division (D) of section 3517.1011 of the	3535
Revised Code, shall make the contribution and expenditure,	3536
contribution and disbursement, deposit and disbursement, gift and	3537
disbursement, or donation and disbursement information in that	3538
addendum, amendment, correction, or amended statement available	3539
online to the public through the internet.	3540

(4)(a) The secretary of state or the board of elections shall	3541
examine all statements for compliance with sections 3517.08 to	3542
3517.17 of the Revised Code.	3543

(b) The secretary of state may contract with an individual or	3544
entity not associated with the secretary of state and experienced	3545
in interpreting the campaign finance law of this state to conduct	3546
examinations of statements filed by any statewide candidate, as	3547
defined in section 3517.103 of the Revised Code.	3548

(c) The examination shall be conducted by a person or entity	3549
qualified to conduct it. The results of the examination shall be	3550
available to the public, and, when the examination is conducted by	3551
an individual or entity not associated with the secretary of	3552
state, the results of the examination shall be reported to the	3553
secretary of state.	3554

(C)(1) In the event of a failure to file or a late filing of	3555
a statement required to be filed under sections 3517.081 to	3556
3517.17 of the Revised Code, or if a filed statement or any	3557
addendum, amendment, or other correction to a statement or any	3558
amended statement, if an addendum, amendment, or other correction	3559
or an amended statement is required to be filed, is incomplete or	3560
inaccurate or appears to disclose a failure to comply with or a	3561
violation of law, the official whose duty it is to examine the	3562
statement shall promptly file a complaint with the Ohio elections	3563
commission under section 3517.153 of the Revised Code if the law	3564
is one over which the commission has jurisdiction to hear	3565
complaints, or the official shall promptly report the failure or	3566
violation to the board of elections and the board shall promptly	3567
report it to the prosecuting attorney in accordance with division	3568
(J) of section 3501.11 of the Revised Code. If the official files	3569
a complaint with the commission, the commission shall proceed in	3570
accordance with sections 3517.154 to 3517.157 of the Revised Code.	3571

(2) For purposes of division (C)(1) of this section, a	3572
statement or an addendum, amendment, or other correction to a	3573
statement or an amended statement required to be filed under	3574
sections 3517.081 to 3517.17 of the Revised Code is incomplete or	3575
inaccurate under this section if the statement, addendum,	3576
amendment, other correction, or amended statement fails to	3577
disclose substantially all contributions, gifts, or donations that	3578
are received or deposits that are made that are required to be	3579
reported under sections 3517.10, 3517.107, 3517.108, 3517.1011,	3580
3517.1012, 3517.1013, and 3517.1014 of the Revised Code or if the	3581
statement, addendum, amendment, other correction, or amended	3582
statement fails to disclose at least ninety per cent of the total	3583
contributions, gifts, or donations received or deposits made or of	3584
the total expenditures or disbursements made during the reporting	3585
period.	3586

(D) No certificate of nomination or election shall be issued	3587
to a person, and no person elected to an office shall enter upon	3588
the performance of the duties of that office, until that person or	3589
that person's campaign committee, as appropriate, has fully	3590
complied with this section and sections 3517.08, 3517.081,	3591
3517.10, and 3517.13 of the Revised Code.	3592

Sec. 3599.07. No ~~judge of elections~~precinct election	3593
official, observer, or police officer admitted into the polling	3594
rooms at the election, at any time while the polls are open, shall	3595
have in the individual's possession, distribute, or give out any	3596
ballot or ticket to any person on any pretense during the	3597
receiving, counting, or certifying of the votes, or have any	3598
ballot or ticket in the individual's possession or control, except	3599
in the proper discharge of the individual's official duty in	3600
receiving, counting, or canvassing the votes. This section does	3601
not prevent the lawful exercise by a ~~judge of elections~~precinct	3602
election official or observer of the individual right to vote at	3603
such election.	3604

Sec. 3599.17. (A) No elections official serving as a	3605
registrar or ~~judge of elections~~precinct election official shall	3606
do any of the following:	3607

(1) Fail to appear before the board of elections, or its	3608
representative, after notice has been served personally upon the	3609
official or left at the official's usual place of residence, for	3610
examination as to the official's qualifications;	3611

(2) Fail to appear at the polling place to which the official	3612
is assigned at the hour and during the hours set for the	3613
registration or election;	3614

(3) Fail to take the oath prescribed by section 3501.31 of	3615
the Revised Code, unless excused by such board;	3616

(4) Refuse or sanction the refusal of another registrar or	3617
~~judge of elections~~precinct election official to administer an	3618
oath required by law;	3619

(5) Fail to send notice to the board of the appointment of a	3620
~~judge~~precinct election official to fill a vacancy;	3621

(6) Act as registrar or ~~judge~~precinct election official	3622
without having been appointed and having received a certificate of	3623
appointment, except a ~~judge~~precinct election official appointed	3624
to fill a vacancy caused by absence or removal;	3625

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

3626

(B) Whoever violates division (A) of this section is guilty	3627
of a misdemeanor of the first degree.	3628

Sec. 3599.19. (A) No ~~judge of elections~~precinct election	3629
official shall knowingly do any of the following:	3630

(1) Unlawfully open or permit to be opened the sealed package	3631
containing registration lists, ballots, blanks, pollbooks, and	3632
other papers and material to be used in an election;	3633

(2) Unlawfully misplace, carry away, negligently lose or	3634
permit to be taken from the ~~judge~~precinct election official, fail	3635
to deliver, or destroy any such packages, papers, or material;	3636

(3) Receive or sanction the reception of a ballot from a	3637
person not a qualified elector or from a person who refused to	3638
answer a question in accordance with the election law;	3639

(4) Refuse to receive or sanction the rejection of a ballot	3640
from a person, knowing that person to be a qualified elector;	3641

(5) Permit a fraudulent ballot to be placed in the ballot	3642
box;	3643

(6) Place or permit to be placed in any ballot box any ballot	3644
known by the ~~judge~~precinct election official to be improperly or	3645
falsely marked;	3646

(7) Count or permit to be counted any illegal or fraudulent	3647
ballot;	3648

(8) Mislead an elector who is physically unable to prepare	3649
the elector's ballot, mark a ballot for such elector otherwise	3650
than as directed by that elector, or disclose to any person,	3651
except when legally required to do so, how such elector voted;	3652

(9) Alter or mark or permit any alteration or marking on any	3653
ballot when counting the ballots;	3654

(10) Unlawfully count or tally or sanction the wrongful	3655
counting or tallying of votes;	3656

(11) After the counting of votes commences, as required by	3657
law, postpone or sanction the postponement of the counting of	3658
votes, adjourn at any time or to any place, or remove the ballot	3659
box from the place of voting, or from the custody or presence of	3660
all the ~~judges of such elections~~precinct election officials;	3661

(12) Permit any ballot to remain or to be in the ballot box	3662
at the opening of the polls, or to be put in the box during the	3663
counting of the ballots, or to be left in the box without being	3664
counted;	3665

(13) Admit or sanction the admission to the polling room at	3666
an election during the receiving, counting, and certifying of	3667
votes of any person not qualified by law to be so admitted;	3668

(14) Refuse to admit or sanction the refusal to admit any	3669
person, upon lawful request for admission, who is legally	3670
qualified to be present;	3671

(15) Permit or sanction the counting of the ballots contrary	3672
to the manner prescribed by law;	3673

(16) Neglect or unlawfully execute any duty enjoined upon the	3674
~~judge~~precinct election official by law.	3675

(B) Whoever violates division (A) of this section is guilty	3676
of a misdemeanor of the first degree.	3677

Sec. 3599.31. No officer of the law shall fail to obey	3678
forthwith an order of the ~~presiding judge~~voting location manager	3679
and aid in enforcing a lawful order of the ~~presiding judges~~voting	3680
location manager at an election, against persons unlawfully	3681
congregating or loitering within one hundred feet of a polling	3682
place, hindering or delaying an elector from reaching or leaving	3683
the polling place, soliciting or attempting, within one hundred	3684
feet of the polling place, to influence an elector in casting the	3685
elector's vote, or interfering with the registration of voters or	3686
casting and counting of the ballots.	3687

Whoever violates this section is guilty of a misdemeanor of	3688
the first degree.	3689

Section 2. That existing sections 2101.44, 3501.01, 3501.05,	3690
3501.051, 3501.11, 3501.13, 3501.17, 3501.22, 3501.26, 3501.27,	3691
3501.28, 3501.29, 3501.30, 3501.31, 3501.32, 3501.33, 3501.35,	3692
3501.37, 3503.02, 3503.26, 3505.07, 3505.08, 3505.16, 3505.17,	3693
3505.18, 3505.20, 3505.21, 3505.23, 3505.24, 3505.26, 3505.28,	3694
3505.29, 3505.30, 3505.31, 3506.05, 3506.12, 3506.15, 3509.01,	3695
3509.06, 3513.131, 3513.18, 3513.19, 3513.21, 3515.04, 3517.106,	3696
3517.11, 3599.07, 3599.17, 3599.19, and 3599.31 and section	3697
3506.16 of the Revised Code are hereby repealed.	3698