HB 400: Create a permanent absent voter list

As Introduced

136th General Assembly

Regular Session

H. B. No. 400

2025-2026

Representatives Rader, Grim

Cosponsors: Representatives Brennan, Glassburn, Somani, McNally, Brownlee, Russo, Troy, Miller, J., Baker, Brewer, Rogers, Cockley

To amend sections $3501.11,3503.14,3503.20$,
$3503.28, and 3509.03 and to enact section 3509.11 of the Revised Code to create a
permanent absent voter list.

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

Section 1. That sections $3501.11,3503.14,3503.20$,
$3503.28, and 3509.03 be amended and section 3509.11 of the Revised Code be enacted to read as follows:

Sec. 3501.11. Each board of elections shall exercise by a
majority vote all powers granted to the board by Title XXXV of
the Revised Code, shall perform all the duties imposed by law,
and shall do all of the following:
(A) Establish, define, provide, rearrange, and combine
election precincts;
(B) Fix and provide the places for registration and for
holding primaries and elections;
(C) Provide for the purchase, preservation, and
maintenance of booths, ballot boxes, books, maps, flags, blanks,
cards of instructions, and other forms, papers, and equipment
used in registration, nominations, and elections;
(D) Appoint and remove its director, deputy director, and employees and all registrars, precinct election officials, and other officers of elections, fill vacancies, and designate the ward or district and precinct in which each shall serve;
(E) Make and issue rules and instructions, not inconsistent with law or the rules, directives, or advisories issued by the secretary of state, as it considers necessary for the guidance of election officers and voters;
(F) Advertise and contract for the printing of all ballots and other supplies used in registrations and elections;
(G) Provide for the issuance of all notices, advertisements, and publications concerning elections, except as otherwise provided in division (G) of section 3501.17 and divisions (F) and (G) of section 3505.062 of the Revised Code;
(H) Provide for the delivery of ballots, pollbooks, and other required papers and material to the polling places;
(I) Cause the polling places to be suitably provided with voting machines, marking devices, automatic tabulating equipment, stalls, and other required supplies. In fulfilling this duty, each board of a county that uses voting machines, marking devices, or automatic tabulating equipment shall conduct a full vote of the board during a public session of the board on the allocation and distribution of voting machines, marking devices, and automatic tabulating equipment for each precinct in the county.
(J) Investigate irregularities, nonperformance of duties, or violations of Title XXXV of the Revised Code by election officers and other persons; administer oaths, issue subpoenas,
summon witnesses, and compel the production of books, papers, records, and other evidence in connection with any such investigation; and report the facts to the prosecuting attorney or the secretary of state;
(K) (1) Review, examine, and certify the sufficiency and validity of petitions and nomination papers, and, after certification, return to the secretary of state all petitions and nomination papers that the secretary of state forwarded to the board;
(2) Examine each initiative petition, or a petition filed under section 307.94 or 307.95 of the Revised Code, received by the board to determine whether the petition falls within the scope of authority to enact via initiative and whether the petition satisfies the statutory prerequisites to place the issue on the ballot, as described in division (M) of section 3501.38 of the Revised Code. The petition shall be invalid if any portion of the petition is not within the initiative power.
(L) Receive the returns of elections, canvass the returns, make abstracts of them, and transmit those abstracts to the proper authorities;
(M) Issue certificates of election on forms to be prescribed by the secretary of state;
(N) Make an annual report to the secretary of state, on the form prescribed by the secretary of state, containing a statement of the number of voters registered, elections held, votes cast, appropriations received, expenditures made, and other data required by the secretary of state;
(O) Prepare and submit to the proper appropriating officer a budget estimating the cost of elections for the ensuing fiscal
year;
(P) Perform other duties as prescribed by law or the
rules, directives, or advisories of the secretary of state;
(Q) Investigate and determine the residence qualifications
of electors;
(R) Administer oaths in matters pertaining to the
administration of the election laws;
(S) Prepare and submit to the secretary of state, whenever
the secretary of state requires, a report containing the names
and residence addresses of all incumbent county, municipal,
township, and board of education officials serving in their
respective counties;
(T) Establish and maintain a voter registration database
of all qualified electors in the county who offer to register;
(U) Maintain voter registration records, make reports
concerning voter registration as required by the secretary of
state, and remove ineligible electors from voter registration
lists in accordance with law and directives of the secretary of
state;
(V) Give approval to ballot language for any local
question or issue and transmit the language to the secretary of
state for the secretary of state's final approval;
(W) Prepare and cause the following notice to be displayed
in a prominent location in every polling place:
"NOTICE
Ohio law prohibits any person from voting or attempting to
vote more than once at the same election.
Violators are guilty of a felony of the fourth degree and .....
shall be imprisoned and additionally may be fined in accordance .....
with law."
(X) In all cases of a tie vote or a disagreement in the .....
board, if no decision can be arrived at, the director or .....
chairperson shall submit the matter in controversy, not later .....
than fourteen days after the tie vote or the disagreement, to .....
the secretary of state, who shall summarily decide the question, .....
and the secretary of state's decision shall be final. .....
(Y) Assist each designated agency, deputy registrar of .....
motor vehicles, public high school and vocational school, public .....
library, and office of a county treasurer in the implementation .....
of a program for registering voters at all voter registration .....
locations as prescribed by the secretary of state. Under this .....
program, each board of elections shall direct to the appropriate .....
board of elections any voter registration applications for .....
persons residing outside the county where the board is located .....
within five days after receiving the applications. .....
(Z) On any day on which an elector may vote in person at .....
the office of the board or at another site designated by the .....
board, consider the board or other designated site a polling .....
place for that day. All requirements or prohibitions of law that .....
apply to a polling place shall apply to the office of the board .....
or other designated site on that day. .....
(AA) Perform any duties with respect to voter registration .....
and voting by uniformed services and overseas voters that are .....
delegated to the board by law or by the rules, directives, or .....
advisories of the secretary of state. .....
(BB) Prepare an election administration plan and submit it .....
to the secretary of state not later than seventy-five days .....
before each presidential primary election and not later than one .....
hundred twenty days before each general election held in an .....
even-numbered year. The election administration plan shall be on .....
a template prescribed by the secretary of state and shall .....
include all of the following: .....
(1) Precinct election official recruitment, training, and .....
accountability; .....
(2) Resource allocation; .....
(3) Communication before and on the day of the election; .....
(4) Materials; .....
(5) Contingencies and continuity planning; .....
(6) Security; .....
(7) Voter registration; .....
(8) Absent voting; .....
(9) Polling places and accessibility; .....
(10) Ballot preparation; .....
(11) Pre-election testing; .....
(12) Reconciliation and audits; .....
(13) A master calendar; .....
(14) Any other topic prescribed by the secretary of state. .....
(CC) Establish and maintain a permanent absent voter list .....
of all registered electors in the county who have opted to be .....
placed on the permanent absent voter list, including written .....
applications to be removed from the permanent absent voter list. .....

Sec. 3503.14. (A) The secretary of state shall prescribe .....
the form and content of the registration, change of residence, .....
and change of name forms used in this state. The forms shall .....
meet the requirements of the National Voter Registration Act of .....
1993 and shall include spaces for all of the following: .....
(1) The voter's name; .....
(2) The voter's address; .....
(3) The current date; .....
(4) The voter's date of birth; .....
(5) The voter to provide at least one of the following .....
forms of identification: .....
(a) The voter's Ohio driver's license or state .....
identification card number; .....
(b) The last four digits of the voter's social security .....
number. .....
(6) A box that the voter can mark in the affirmative to .....
request to be placed on the permanent absent voter list under .....
section 3509.11 of the Revised Code; .....
(7) The voter's signature. .....
The registration form shall include a space on which the .....
person registering an applicant shall sign the person's name and .....
provide the person's address and a space on which the person .....
registering an applicant shall name the employer who is .....
employing that person to register the applicant. .....
The forms shall include a box for the person filling out .....
the form to check to indicate, if applicable, that the person .....
has filled out all or part of the form on behalf of the .....
applicant because the applicant declares that the applicant .....
requires such assistance by reason of blindness, disability, or .....
illiteracy. .....
Except for forms prescribed by the secretary of state .....
under section 3503.11 of the Revised Code, the secretary of .....
state shall permit boards of elections to produce forms that .....
have subdivided spaces for each individual alphanumeric .....
character of the information provided by the voter so as to .....
accommodate the electronic reading and conversion of the voter's .....
information to data and the subsequent electronic transfer of .....
that data to the statewide voter registration database .....
established under section 3503.15 of the Revised Code. .....
(B) None of the following persons who are registering an .....
applicant in the course of that official's or employee's normal .....
duties shall sign the person's name, provide the person's .....
address, or name the employer who is employing the person to .....
register an applicant on a form prepared under this section: .....
(1) An election official; .....
(2) A county treasurer; .....
(3) A deputy registrar of motor vehicles; .....
(4) An employee of a designated agency; .....
(5) An employee of a public high school; .....
(6) An employee of a public vocational school; .....
(7) An employee of a public library; .....
(8) An employee of the office of a county treasurer; .....
(9) An employee of the bureau of motor vehicles; .....
(10) An employee of a deputy registrar of motor vehicles; .....
(11) An employee of an election official.
(C) Except as provided in section 3501.382 of the Revised .....
Code, any applicant who is unable to sign the applicant's own .....
name shall make an "X," if possible, which shall be certified by .....
the signing of the name of the applicant by the person filling .....
out the form, who shall add the person's own signature. If an .....
applicant is unable to make an "X," the applicant shall indicate .....
in some manner that the applicant desires to register to vote or .....
to change the applicant's name or residence. The person .....
registering the applicant shall sign the form and attest that .....
the applicant indicated that the applicant desired to register .....
to vote or to change the applicant's name or residence.
(D) No registration, change of residence, or change of .....
name form shall be rejected solely on the basis that a person .....
registering an applicant failed to sign the person's name or .....
failed to name the employer who is employing that person to .....
register the applicant as required under division (A) of this .....
section.
(E) A voter registration application submitted .....
electronically through the registrar of motor vehicles or a .....
deputy registrar pursuant to section 3503.11 or submitted online .....
through the internet pursuant to section 3503.20 of the Revised .....
Code is not required to contain a signature to be considered .....
valid. The signature obtained under division (A) (3) of section .....
3503.11 or under division (B) of section 3503.20 of the Revised .....
Code, as applicable, shall be considered the applicant's .....
signature for all election and signature-matching purposes.
(F) (1) Except as otherwise provided in division (C) of .....
this section and in sections 3501.382 and 3505.24 of the Revised .....
Code, no person shall preprint or fill out any portion of a .....
voter registration, change of residence, or change of name form .....
on behalf of an applicant.(2) A completed voter registration, change of residence,
or change of name form is not valid if any portion of it has .....
been completed by any person other than the applicant in .....
violation of division (F) (1) of this section.(G) As used in this section, "registering an applicant" .....
includes any effort, for compensation, to provide voter .....
registration forms or to assist persons in completing or .....
returning those forms.

Sec. 3503.20. (A) The secretary of state shall establish a .....
secure online voter registration system. The system shall .....
provide for all of the following: .....
(1) An applicant to submit a voter registration .....
application to the secretary of state online through the .....
internet; .....
(2) The online applicant to be registered to vote, if all .....
of the following apply: .....
(a) The application contains all of the following .....
information: .....
(i) The applicant's name; .....
(ii) The applicant's address; .....
(iii) The applicant's date of birth; .....
(iv) The last four digits of the applicant's social .....
security number; .....
(v) The applicant's Ohio driver's license number or the .....
number of the applicant's state identification card issued under .....
section 4507.50 of the Revised Code. .....
(b) The applicant's name, address, and date of birth, the .....
last four digits of the applicant's social security number, and .....
the applicant's Ohio driver's license number or the number of .....
the applicant's state identification card as they are provided .....
in the application are not inconsistent with the information on .....
file with the bureau of motor vehicles; .....
(c) The applicant is a United States citizen, will have .....
lived in this state for thirty days immediately preceding the .....
next election, will be at least eighteen years of age on or .....
before the day of the next general election, and is otherwise .....
eligible to register to vote; .....
(d) The applicant attests to the truth and accuracy of the .....
information submitted in the online application under penalty of .....
election falsification. .....
(B) If an individual registers to vote or a registered .....
elector updates the elector's name, address, or both under this .....
section, the secretary of state shall obtain an electronic copy .....
of the applicant's or elector's signature that is on file with .....
the bureau of motor vehicles. That electronic signature shall be .....
used as the applicant's or elector's signature on voter .....
registration records, for all election and signature-matching .....
purposes. .....
(C) The secretary of state shall employ whatever security .....
measures the secretary of state considers necessary to ensure .....
the integrity and accuracy of voter registration information .....
submitted electronically pursuant to this section. Errors in .....
processing voter registration applications in the online system .....
shall not prevent an applicant from becoming registered or from .....
voting.
(D) The online voter registration application under division (A) of this section shall include the following .....
language: .....
"By clicking the box below, I request to be placed on the .....
permanent absent voter list under section 3509.11 of the Revised .....
Code." .....
In order to be placed on the permanent absent voter list .....
under this section, an applicant or elector shall be required to .....
mark the box in the online voter registration application that .....
appears in conjunction with the previous statement. .....
(E) The online voter registration application established .....
under division (A) of this section shall include the following .....
language: .....
"By clicking the box below, I affirm all of the following .....
under penalty of election falsification, which is a felony of .....
the fifth degree: .....
(1) I am the person whose name and identifying information .....
is provided on this form, and I desire to register to vote, or .....
update my voter registration, in the State of Ohio. .....
(2) All of the information I have provided on this form is .....
true and correct as of the date I am submitting this form. .....
(3) I am a United States citizen. .....
(4) I will have lived in Ohio for thirty days immediately .....
preceding the next election. .....
(5) I will be at least eighteen years of age on or before .....
the day of the next general election. .....
(6) I authorize the Bureau of Motor Vehicles to transmit to the Ohio Secretary of State my signature that is on file with the Bureau of Motor Vehicles, and I understand and agree that the signature transmitted by the Bureau of Motor Vehicles will be used by the Secretary of State to validate this electronic voter registration application as if I had signed this form personally."
In order to register to vote or update a voter registration under division (A) of this section, an applicant or elector shall be required to mark the box in the online voter registration application that appears in conjunction with the previous statement.
(E)-(F) The online voter registration process established under division (A) of this section shall be in operation and available for use by individuals who wish to register to vote or update their voter registration information online not earlier than January 1, 2017. During the period beginning on the first day after the close of voter registration before an election and ending on the day of the election, the online voter registration system shall display a notice indicating that the applicant will not be registered to vote for the purposes of that election.
(F)-(G) Notwithstanding section 1.50 of the Revised Code, if any provision of this section or of division (E) of section 3503.14 of the Revised Code is held invalid, or if the application of any provision of this section or of that division to any person or circumstance is held invalid, then this section and that division cease to operate.

Sec. 3503.28. (A) The secretary of state shall develop an information brochure regarding voter registration. The brochure shall include, but is not limited to, all of the following
information: .....
(1) The applicable deadlines for registering to vote or .....
for returning an applicant's completed registration form; .....
(2) The applicable deadline for returning an applicant's .....
completed registration form if the person returning the form is .....
being compensated for registering voters; .....
(3) The locations to which a person may return an .....
applicant's completed registration form; .....
(4) The location to which a person who is compensated for .....
registering voters may return an applicant's completed .....
registration form; .....
(5) The registration and affirmation requirements .....
applicable to persons who are compensated for registering voters .....
under section 3503.29 of the Revised Code; .....
(6) A notice, which shall be written in bold type, stating .....
as follows: .....
"Voters must bring photo identification to the polls in .....
order to verify identity. Voters who do not provide photo .....
identification will still be able to vote by casting a .....
provisional ballot." .....
(7) The process to request to be placed on the permanent .....
absent voter list when completing a voter registration form. .....
(B) Except as otherwise provided in division (D) of this .....
section, a board of elections, designated agency, public high .....
school, public vocational school, public library, office of a .....
county treasurer, or deputy registrar of motor vehicles shall .....
distribute a copy of the brochure developed under division (A) .....
of this section to any person who requests more than two voter .....
registration forms at one time. .....
(C) (1) The secretary of state shall provide the .....
information required to be included in the brochure developed .....
under division (A) of this section to any person who prints a .....
voter registration form that is made available on a web site of .....
the office of the secretary of state. .....
(2) If a board of elections operates and maintains a web .....
site, the board shall provide the information required to be .....
included in the brochure developed under division (A) of this .....
section to any person who prints a voter registration form that .....
is made available on that web site. .....
(D) A board of elections shall not be required to .....
distribute a copy of a brochure under division (B) of this .....
section to any of the following officials or employees who are .....
requesting more than two voter registration forms at one time in .....
the course of the official's or employee's normal duties: .....
(1) An election official; .....
(2) A county treasurer; .....
(3) A deputy registrar of motor vehicles; .....
(4) An employee of a designated agency; .....
(5) An employee of a public high school; .....
(6) An employee of a public vocational school; .....
(7) An employee of a public library; .....
(8) An employee of the office of a county treasurer; .....
(9) An employee of the bureau of motor vehicles; .....
(10) An employee of a deputy registrar of motor vehicles; .....
(11) An employee of an election official. .....
(E) As used in this section, "registering voters" includes .....
any effort, for compensation, to provide voter registration .....
forms or to assist persons in completing or returning those .....
forms.

Sec. 3509.03. (A) Except as otherwise provided in sections .....
3509.051, 3511.02, and 3511.021 of the Revised Code, any .....
qualified elector desiring to vote absent voter's ballots at an .....
election shall deliver a written application for those ballots, .....
either in person or by mail, to the board of elections of the .....
county in which the elector's voting residence is located. .....
(B) Except as otherwise permitted under section 3511.02 of .....
the Revised Code and under division (C) of this section, the .....
application shall be on a form prescribed by the secretary of .....
state and shall contain all of the following: .....
(1) The elector's name; .....
(2) The elector's signature; .....
(3) The address at which the elector is registered to .....
vote; .....
(4) The elector's date of birth; .....
(5) One of the following: .....
(a) The elector's Ohio driver's license or state .....
identification card number; .....
(b) The last four digits of the elector's social security .....
number; .....
(c) A copy of the elector's photo identification. .....
(6) A statement identifying the election for which absent .....
voter's ballots are requested;
(7) A statement that the person requesting the ballots is a qualified elector;
(8) A box that the voter can mark in the affirmative to request to be placed on the permanent absent voter list under section 3509.11 of the Revised Code;
(9) If the request is for primary election ballots, the elector's party affiliation;
(9) (10) If the elector desires ballots to be mailed to the elector, the address to which those ballots shall be mailed.
(C) If the elector has a confidential voter registration record, as described in section 111.44 of the Revised Code, the elector may provide the elector's program participant identification number instead of the address at which the elector is registered to vote.
(D) Except as otherwise provided in division (A) of section 3509.051 and in division (B) of section 3509.08 of the Revised Code, an application to receive absent voter's ballots shall be delivered to the office of the board not earlier than the first day of January of the year of the elections for which the absent voter's ballots are requested or not earlier than ninety days before the day of the election at which the ballots are to be voted, whichever is earlier, and not later than the close of business on the seventh day before the day of the election at which the ballots are to be voted.
(E) Except as permitted under section 111.31 of the Revised Code, no public office, and no public official or employee who is acting in an official capacity, shall do either of the following:
(1) Prepay the return postage for an application for .....
absent voter's ballots;
(2) Mail or otherwise deliver an unsolicited application .....
for absent voter's ballots to any person.
(F) (1) Except as otherwise provided in division (F) (2) of .....
this section and in sections 3505.24 and 3509.08 of the Revised .....
Code, no person shall preprint or fill out any portion of an .....
application for absent voter's ballots on behalf of an .....
applicant.
(2) The secretary of state or a board of elections may .....
preprint only an applicant's name and address on an application .....
for absent voter's ballots before mailing that application to .....
the applicant, except that if the applicant has a confidential .....
voter registration record, the secretary of state or a board of .....
elections shall not preprint the applicant's address on the .....
application.
(3) A completed application for absent voter's ballots is .....
not valid if any portion of it has been completed by any person .....
other than the applicant in violation of division (F) of this .....
section.

Sec. 3509.11. (A) An elector may request to be placed on .....
the permanent absent voter list maintained by boards of .....
elections in accordance with this section.
(B) A voter registration applicant or elector may request .....
to be placed on the permanent absent voter list by doing any of .....
the following:
(1) Completing a written application, prescribed by the .....
secretary of state, to be placed on the permanent absent voter .....
list and returning the completed application to the board of .....
elections of the county in which the elector is registered to .....
vote;
(2) Marking the box in the affirmative provided on a voter .....
registration form or change of name or change of address form .....
that indicates the applicant or elector wishes to be placed on .....
the permanent absent voter list; .....
(3) Checking the box provided when registering to vote or .....
updating the elector's voter registration on the online voter .....
registration system that indicates the applicant or elector .....
wishes to be placed on the permanent absent voter list; .....
(4) Marking the box provided on an application for an .....
absent voter's ballot that indicates the voter wishes to be .....
placed on the permanent absent voter list. .....
(C) An elector may be removed from the permanent absent .....
voter list if either of the following occur: .....
(1) The elector submits in writing, on a form prescribed .....
by the secretary of state, to the appropriate board of elections .....
a request to be removed from the permanent absent voter list. .....
(2) The elector's voter registration is canceled under .....
section 3503.21 of the Revised Code. .....
(D) Each board of elections shall mail an absent voter .....
ballot application for an election to each elector listed on the .....
board's permanent absent voter list not later than forty-five .....
days before the close of voter registration for that election. .....
An absent voter ballot application mailed under this section is .....
not considered an unsolicited application for absent voter's .....
ballots. .....

Section 2. That existing sections 3501.11, 3503.14, .....
3503.20, 3503.28, and 3509.03 of the Revised Code are hereby
repealed.