SB 153: Require citizenship verification before an elector may vote
The bill aims to amend Ohio's zoning laws to increase transparency and public participation. It requires the county rural zoning commission to set a public hearing date for proposed zoning amendments, which must be at least 20-40 days from the date of adoption or certification. The commission must also provide written notice to property owners and the public, including the proposed amendment's text, maps, and the reason for the change. The bill also requires the county or regional planning commission to review and recommend on proposed zoning amendments, which must be considered at the public hearing. The county rural zoning commission's recommendation must then be submitted to the board of county commissioners, who will set a public hearing date and provide written notice to the public. The bill aims to improve the zoning process by increasing public participation and ensuring that pro…
| Mar. 26, 2025 | Referred to committee: General Government |
| Mar. 19, 2025 | Introduced |
As Introduced
136th General Assembly Regular Session 2025-2026
S. B. No. 153
Senators Gavarone, Brenner
To amend sections 303.12, 303.59, 307.94, 3501.01, 1
3501.38, 3501.381, 3501.39, 3503.13, 3503.14, 2
3503.15, 3503.151, 3503.152, 3503.153, 3503.16, 3
3503.19, 3503.20, 3503.21, 3503.33, 3505.181, 4
3505.182, 3505.183, 3505.20, 3509.02, 3509.03, 5
3509.04, 3509.05, 3509.051, 3509.06, 3509.07, 6
3509.08, 3509.09, 3511.02, 3511.04, 3511.05, 7
3511.09, 3511.11, 3511.14, 3513.07, 3513.261, 8
3517.01, 3517.12, 3519.02, 3519.05, 3519.16, 9
3599.12, and 3599.21 and to enact sections 10
3503.201, 3503.202, and 3511.052 of the Revised 11
Code to require verification of an elector's 12
citizenship before the elector may vote and to 13
modify procedures regarding voter registration, 14
voter roll maintenance, absent voting, and 15
election petitions. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 303.12, 303.59, 307.94, 3501.01, 17
3501.38, 3501.381, 3501.39, 3503.13, 3503.14, 3503.15, 3503.151, 18
3503.152, 3503.153, 3503.16, 3503.19, 3503.20, 3503.21, 3503.33, 19
3505.181, 3505.182, 3505.183, 3505.20, 3509.02, 3509.03, 20
3509.04, 3509.05, 3509.051, 3509.06, 3509.07, 3509.08, 3509.09, 21
S. B. No. 153 As Introduced
3511.02, 3511.04, 3511.05, 3511.09, 3511.11, 3511.14, 3513.07, 22
3513.261, 3517.01, 3517.12, 3519.02, 3519.05, 3519.16, 3599.12, 23
and 3599.21 be amended and sections 3503.201, 3503.202, and 24
3511.052 of the Revised Code be enacted to read as follows: 25
Sec. 303.12. (A)(1) Amendments to the zoning resolution 26
may be initiated by motion of the county rural zoning 27
commission, by the passage of a resolution by the board of 28
county commissioners, or by the filing of an application by one 29
or more of the owners or lessees of property within the area 30
proposed to be changed or affected by the proposed amendment 31
with the county rural zoning commission. The board of county 32
commissioners may require that the owner or lessee of property 33
filing an application to amend the zoning resolution pay a fee 34
to defray the cost of advertising, mailing, filing with the 35
county recorder, and other expenses. If the board of county 36
commissioners requires such a fee, it shall be required 37
generally, for each application. The board of county 38
commissioners, upon the passage of such a resolution, shall 39
certify it to the county rural zoning commission. 40
(2) Upon the adoption of a motion by the county rural 41
zoning commission, the certification of a resolution by the 42
board of county commissioners to the commission, or the filing 43
of an application by property owners or lessees as described in 44
division (A)(1) of this section with the commission, the 45
commission shall set a date for a public hearing, which date 46
shall not be less than twenty nor more than forty days from the 47
date of adoption of such a motion, the date of the certification 48
of such a resolution, or the date of the filing of such an 49
application. Notice of the hearing shall be given by the 50
commission by one publication at least ten days before the date 51
of the hearing, using at least one of the following methods: 52
S. B. No. 153 As Introduced
(a) In the print or digital edition of one or more 53
newspapers of general circulation in each township affected by 54
the proposed amendment; 55
(b) On the official public notice web site established 56
under section 125.182 of the Revised Code; 57
(c) On the web site and social media account of the 58
county. 59
(B) If the proposed amendment intends to rezone or 60
redistrict ten or fewer parcels of land, as listed on the county 61
auditor's current tax list, written notice of the hearing shall 62
be mailed by the county rural zoning commission, by first class 63
mail, at least ten days before the date of the public hearing to 64
all owners of property within and contiguous to and directly 65
across the street from the area proposed to be rezoned or 66
redistricted to the addresses of those owners appearing on the 67
county auditor's current tax list. The failure of delivery of 68
that notice shall not invalidate any such amendment. 69
(C) If the proposed amendment intends to rezone or 70
redistrict ten or fewer parcels of land as listed on the county 71
auditor's current tax list, the published and mailed notices 72
shall set forth the time, date, and place of the public hearing 73
and include all of the following: 74
(1) The name of the county rural zoning commission that 75
will be conducting the hearing; 76
(2) A statement indicating that the motion, resolution, or 77
application is an amendment to the zoning resolution; 78
(3) A list of the addresses of all properties to be 79
rezoned or redistricted by the proposed amendment and of the 80
names of owners of these properties, as they appear on the 81
S. B. No. 153 Page 4
s Introduced
county auditor's current tax list; 82
(4) The present zoning classification of property named in 83
the proposed amendment and the proposed zoning classification of 84
that property; 85
(5) The time and place where the motion, resolution, or 86
application proposing to amend the zoning resolution will be 87
available for examination for a period of at least ten days 88
prior to the hearing; 89
(6) The name of the person responsible for giving notice 90
of the public hearing by publication, by mail, or by both 91
publication and mail; 92
(7) A statement that, after the conclusion of the hearing, 93
the matter will be submitted to the board of county 94
commissioners for its action; 95
(8) Any other information requested by the commission. 96
(D) If the proposed amendment alters the text of the 97
zoning resolution, or rezones or redistricts more than ten 98
parcels of land as listed on the county auditor's current tax 99
list, the published notice shall set forth the time, date, and 100
place of the public hearing and include all of the following: 101
(1) The name of the county rural zoning commission that 102
will be conducting the hearing on the proposed amendment; 103
(2) A statement indicating that the motion, application, 104
or resolution is an amendment to the zoning resolution; 105
(3) The time and place where the text and maps of the 106
proposed amendment will be available for examination for a 107
period of at least ten days prior to the hearing; 108
S. B. No. 153 As Introduced
(4) The name of the person responsible for giving notice 109
of the hearing by publication; 110
(5) A statement that, after the conclusion of the hearing, 111
the matter will be submitted to the board of county 112
commissioners for its action; 113
(6) Any other information requested by the commission. 114
Hearings shall be held in the county court house or in a 115
public place designated by the commission. 116
(E) Within five days after the adoption of the motion 117
described in division (A) of this section, the certification of 118
the resolution described in division (A) of this section, or the 119
filing of the application described in division (A) of this 120
section, the county rural zoning commission shall transmit a 121
copy of it together with text and map pertaining to it to the 122
county or regional planning commission, if there is such a 123
commission. 124
The county or regional planning commission shall recommend 125
the approval or denial of the proposed amendment or the approval 126
of some modification of it and shall submit its recommendation 127
to the county rural zoning commission. The recommendation shall 128
be considered at the public hearing held by the county rural 129
zoning commission on the proposed amendment. 130
The county rural zoning commission, within thirty days 131
after the hearing, shall recommend the approval or denial of the 132
proposed amendment, or the approval of some modification of it, 133
and shall submit that recommendation together with the motion, 134
application, or resolution involved, the text and map pertaining 135
to the proposed amendment, and the recommendation of the county 136
or regional planning commission on it to the board of county 137
S. B. No. 153 As Introduced
commissioners. 138
The board of county commissioners, upon receipt of that 139
recommendation, shall set a time for a public hearing on the 140
proposed amendment, which date shall be not more than thirty 141
days from the date of the receipt of that recommendation. Notice 142
of the hearing shall be given by the board by one publication at 143
least ten days before the date of the hearing, using at least 144
one of the following methods: 145
(1) In the print or digital edition of one or more 146
newspapers of general circulation in the county; 147
(2) On the official public notice web site established 148
under section 125.182 of the Revised Code; 149
(3) On the web site and social media account of the 150
county. 151
(F) If the proposed amendment intends to rezone or 152
redistrict ten or fewer parcels of land as listed on the county 153
auditor's current tax list, the published notice shall set forth 154
the time, date, and place of the public hearing and include all 155
of the following: 156
(1) The name of the board of county commissioners that 157
will be conducting the hearing; 158
(2) A statement indicating that the motion, application, 159
or resolution is an amendment to the zoning resolution; 160
(3) A list of the addresses of all properties to be 161
rezoned or redistricted by the proposed amendment and of the 162
names of owners of those properties, as they appear on the 163
county auditor's current tax list; 164
(4) The present zoning classification of property named in 165
S. B. No. 153 As Introduced
the proposed amendment and the proposed zoning classification of 166
that property; 167
(5) The time and place where the motion, application, or 168
resolution proposing to amend the zoning resolution will be 169
available for examination for a period of at least ten days 170
prior to the hearing; 171
(6) The name of the person responsible for giving notice 172
of the hearing by publication, by mail, or by both publication 173
and mail; 174
(7) Any other information requested by the board. 175
(G) If the proposed amendment alters the text of the 176
zoning resolution, or rezones or redistricts more than ten 177
parcels of land as listed on the county auditor's current tax 178
list, the published notice shall set forth the time, date, and 179
place of the public hearing and include all of the following: 180
(1) The name of the board of county commissioners that 181
will be conducting the hearing on the proposed amendment; 182
(2) A statement indicating that the motion, application, 183
or resolution is an amendment to the zoning resolution; 184
(3) The time and place where the text and maps of the 185
proposed amendment will be available for examination for a 186
period of at least ten days prior to the hearing; 187
(4) The name of the person responsible for giving notice 188
of the hearing by publication; 189
(5) Any other information requested by the board. 190
(H) Within twenty days after its public hearing, the board 191
of county commissioners shall either adopt or deny the 192
S. B. No. 153 As Introduced
recommendation of the county rural zoning commission or adopt 193
some modification of it. If the board denies or modifies the 194
commission's recommendation, a majority vote of the board shall 195
be required. 196
The proposed amendment, if adopted by the board, shall become effective in thirty days after the date of its adoption, unless, within thirty days after the adoption, there is presented to the board of county commissioners a petition, signed by a number of qualified voters residing in the unincorporated area of the township or part of that unincorporated area included in the zoning plan equal to not less than eight per cent of the total vote cast for all candidates for governor in that area at the most recent general election at which a governor was elected, requesting the board to submit the amendment to the electors of that area for approval or rejection at a special election to be held on the day of the next primary or general election occurring at least ninety days after the petition is submitted. Each part of this petition shall contain the number and the full and correct title, if any, of the zoning amendment resolution, motion, or application, furnishing the name by which the amendment is known and a brief summary of its contents. In addition to meeting the requirements of this section, each petition shall be governed by the rules specified in section 3501.38 of the Revised Code.
The form of a petition calling for a zoning referendum and the statement of the circulator shall be substantially as follows:
"PETITION FOR ZONING REFERENDUM
(if the proposal is identified by a particular name or number, or both, these should be inserted here)
S. B. No. 153 As Introduced
A proposal to amend the zoning map of the unincorporated 223
area of Township, County, 224
Ohio, adopted (date) (followed by brief 225
summary of the proposal). 226
To the Board of County Commissioners of County, Ohio:
We, the undersigned, being electors residing in the 229
unincorporated area of Township, included within 230
the County Zoning Plan, equal to not less than 231
eight per cent of the total vote cast for all candidates for 232
governor in the area at the preceding general election at which 233
a governor was elected, request the Board of County 234
Commissioners to submit this amendment of the zoning resolution 235
to the electors of Township residing within the 236
unincorporated area of the township included in the 237
County Zoning Resolution, for approval or 238
rejection at a special election to be held on the day of the 239
next primary or general election to be held on 240
(date) _, pursuant to section 303.12 of the Revised 241
Code. 242
Street Address Date of 243
Signature or R.F.D. Township Precinct County Signing 24
24
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(name of circulator) declare under penalty of election falsification that I am an elector of the state of Ohio and reside at the address appearing
S. B. No. 153 As Introduced
below my signature; that I am the circulator of the foregoing 251
part petition containing (number) signatures; that I 252
have witnessed the affixing of every signature; that all signers 253
were to the best of my knowledge and belief qualified to sign; 254
and that every signature is to the best of my knowledge and 255
belief the signature of the person whose signature it purports 256
to be or of an attorney in fact acting pursuant to section 257
3501.382 of the Revised Code. (The circulator shall personally 258
write the number of electors whose signatures the petition paper 259
contains.) 260
For the purposes of any proceeding related to this 261
petition, I submit to the jurisdiction of the courts of the 262
State of Ohio, the Ohio Secretary of State, and the board of 263
elections of the county in which I have circulated this 264
petition. I understand that I may be required to testify or to 265
produce evidence in such a proceeding. I agree to receive any 266
service of process at the residence address I have provided. 267
I am compensated to circulate this petition by 268
(name and address). (The circulator 269
shall complete the preceding sentence as required by section 270
3501.38 of the Revised Code if the circulator is being 271
compensated to circulate the petition.) 272
273
(Signature of circulator) 274
275
(Address of circulator's 276
permanent residence in this 277
state) 278
279
S. B. No. 153 Page 11 As Introduced
(City, village, or township, 280
and zip code) 281
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A 282
FELONY OF THE FIFTH DEGREE." 283
No amendment for which such a referendum vote has been 284
requested shall be put into effect unless a majority of the vote 285
cast on the issue is in favor of the amendment. Upon 286
certification by the board of elections that the amendment has 287
been approved by the voters, it shall take immediate effect. 288
Within five working days after an amendment's effective date, the board of county commissioners shall file the text and maps of the amendment in the office of the county recorder and with the regional or county planning commission, if one exists.
The failure to file any amendment, or any text and maps, 293
or duplicates of any of these documents, with the office of the 294
county recorder or the county or regional planning commission as 295
required by this section does not invalidate the amendment and 296
is not grounds for an appeal of any decision of the board of 297
zoning appeals. 298
Sec. 303.59. A resolution designating a restricted area 299
prohibiting the construction of utility facilities, if adopted 300
by the board of county commissioners, becomes effective thirty 301
days after the date of its adoption, unless, within thirty days 302
after the adoption, there is presented to the board of county 303
commissioners a petition, signed by a number of registered 304
electors residing in the county equal to not less than eight per 305
cent of the total vote cast for all candidates for governor in 306
that county at the most recent general election at which a 307
governor was elected, requesting the board of county 308
S. B. No. 153 As Introduced
commissioners to submit the resolution to the electors of that 309
county for approval or rejection at a special election to be 310
held on the day of the next primary or general election that 311
occurs at least one hundred twenty days after the petition is 312
filed. Each part petition shall contain the number and the full 313
and correct title, if any, of the resolution, motion, or 314
application, furnishing the name by which the resolution is 315
known and a brief summary of its contents. In addition to 316
meeting the requirements of this section, each petition shall be 317
governed by the rules specified in section 3501.38 of the 318
Revised Code. 319
The form of a petition calling for a referendum on the 320
designation of a restricted area and the statement of the 321
circulator shall be substantially as follows: 322
"PETITION FOR REFERENDUM ON THE DESIGNATION OF A 323
RESTRICTED AREA PROHIBITING THE CONSTRUCTION OF UTILITY 324
FACILITIES 325
(if the proposal is identified by a particular name or 326
number, or both, these should be inserted here) 327
A proposal to designate a restricted area prohibiting the construction of utility facilities in the unincorporated area of county, Ohio, adopted (date) (followed by brief summary of the resolution).
To the board of county commissioners of county, Ohio:
We, the undersigned, being electors residing in county, equal to not less than eight per cent of the
total vote cast for all candidates for governor in the county at
the preceding general election at which a governor was elected,
S. B. No. 153 As Introduced
request the board of county commissioners to submit this 338
designation of a restricted area to the electors of 339
county, for approval or rejection at a special election to be 340
held on the day of the primary or general election to be held on 341
(date), pursuant to section 303.59 of the Revised 342
Code. 343
Signature 344
Residence address 345
Date of signing 346
STATEMENT OF CIRCULATOR 347
I, (name of circulator), declare under penalty of election falsification that I reside at the address appearing below my signature; that I am the circulator of the foregoing part petition containing (number) signatures; that I have witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code. (The circulator shall personally write the number of electors whose signatures the petition paper contains.)
For the purposes of any proceeding related to this 360
petition, I submit to the jurisdiction of the courts of the 361
State of Ohio, the Ohio Secretary of State, and the board of 362
elections of the county in which I have circulated this 363
petition. I understand that I may be required to testify or to 364
produce evidence in such a proceeding. I agree to receive any 365
service of process at the residence address I have provided. 366
S. B. No. 153 As Introduced
I am compensated to circulate this petition by 367
(name and address). (The circulator 368
shall complete the preceding sentence as required by section 369
3501.38 of the Revised Code if the circulator is being 370
compensated to circulate the petition.) 371
(Signature of circulator) 372
(Circulator's residence address) 373
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A 374
FELONY OF THE FIFTH DEGREE." 375
The petition shall be filed with the board of county 376
commissioners. Within two weeks after receiving a petition filed 377
under this section, the board of county commissioners shall 378
certify the petition to the board of elections. A petition filed 379
under this section shall be certified to the board of elections 380
not less than ninety days prior to the election at which the 381
question is to be voted upon. 382
The board of elections shall determine the sufficiency and 383
validity of each petition certified to it by a board of county 384
commissioners under this section. If the board of elections 385
determines that a petition is sufficient and valid, the question 386
shall be voted upon at a special election to be held on the day 387
of the next primary or general election that occurs at least one 388
hundred twenty days after the date the petition is filed with 389
the board of county commissioners, regardless of whether any 390
election will be held to nominate or elect candidates on that 391
day. 392
No resolution designating a restricted area for which such 393
a referendum vote has been requested shall be put into effect 394
unless a majority of the vote cast on the issue is in favor of 395
S. B. No. 153 As Introduced
the resolution. Upon certification by the board of elections 396
that the resolution has been approved by the voters, it shall 397
take immediate effect. 398
Within five working days after the resolution's effective date, the board of county commissioners shall file the text of the resolution and maps of the restricted area in the office of the county recorder and with the county or regional planning commission, if one exists.
The failure to file any resolution, or any text and maps, or duplicates of any of these documents, with the office of the county recorder as required by this section does not invalidate the resolution.
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Sec. 307.94. Electors of a county, equal in number to ten per cent of the number who voted for governor in the county at the most recent gubernatorial election, may file, not later than one hundred fifteen days before the date of a general election, a petition with the board of county commissioners asking that the question of the adoption of a county charter in the form attached to the petition be submitted to the electors of the county. The petition shall be available for public inspection at the offices of the county commissioners during regular business hours until four p.m. of the one hundred eleventh day before the election, at which time the board shall, by resolution, certify the petition to the board of elections of the county for submission to the electors of the county, unless the signatures are insufficient or the petitions otherwise invalid, at the next general election.
Such electors may, in the alternative not later than the one hundred thirtieth day before the date of a general election, file such a petition with the board of elections of the county.
S. B. No. 153 As Introduced
In such case the board of elections shall immediately proceed to 426
determine whether the petition and the signatures on the 427
petition meet the requirements of law and to count the number of 428
valid signatures and to note opposite each invalid signature the 429
reason for the invalidity. The board of elections shall complete 430
its examination of the petition and the signatures and shall 431
submit a report to the board of county commissioners not later 432
than the one hundred twentieth day before the date of the 433
general election certifying whether the petition is valid or 434
invalid and, if invalid, the reasons for invalidity, whether 435
there are sufficient valid signatures, and the number of valid 436
and invalid signatures. The petition and a copy of the report to 437
the board of county commissioners shall be available for public 438
inspection at the board of elections. If the petition is 439
certified by the board of elections to be valid and to have 440
sufficient valid signatures, the board of county commissioners 441
shall forthwith and not later than four p.m. on the one hundred 442
eleventh day before the general election, by resolution, certify 443
the petition to the board of elections for submission to the 444
electors of the county at the next general election. If the 445
petition is certified by the board of elections to be invalid or 446
to have insufficient valid signatures, or both, the petitioners' 447
committee may protest such findings or solicit additional 448
signatures as provided in section 307.95 of the Revised Code, or 449
both, or request that the board of elections proceed to 450
establish the validity or invalidity of the petition and the 451
sufficiency or insufficiency of the signatures in an action 452
before the court of common pleas in the county. Such action must 453
be brought within three days after the request has been made, 454
and the case shall be heard forthwith by a judge or such court 455
whose decision shall be certified to the board of elections and 456
to the board of county commissioners in sufficient time to 457
S. B. No. 153 As Introduced
permit the board of county commissioners to perform its duty to 458
certify the petition, if it is determined by the court to be 459
valid and contain sufficient valid signatures, to the board of 460
elections not later than four p.m. on the one hundred eleventh 461
day prior to the general election for submission to the electors 462
at such general election. 463
A county charter to be submitted to the voters by petition 464
shall be considered to be attached to the petition if it is 465
printed as a part of the petition. A county charter petition may 466
consist of any number of separate petition papers. Each part 467
shall have attached a copy of the charter to be submitted to the 468
electors, and each part shall otherwise meet all the 469
requirements of law for a county charter petition. Section 470
3501.38 of the Revised Code applies to county charter petitions. 471
The petitioners shall designate in the petition the names and addresses of a committee of not fewer than three nor more than five persons who will represent them in all matters relating to the petition. Notice of all matters or proceedings pertaining to such petitions may be served on the committee, or any of them committee's agent designated under division (N)(1) of section 3501.38 of the Revised Code, either personally or by certified mail, or by leaving it at the agent's usual place of residence of each of them.
Sec. 3501.01. As used in the sections of the Revised Code relating to elections and political communications:
(A) "General election" means the election held on the first Tuesday after the first Monday in each November.
(B) "Regular municipal election" means the election held on the first Tuesday after the first Monday in November in each
S. B. No. 153 As Introduced
odd-numbered year. 487
(C) "Regular state election" means the election held on 488
the first Tuesday after the first Monday in November in each 489
even-numbered year. 490
(D) "Special election" means any election other than those elections defined in other divisions of this section. A special election may be held only on the first Tuesday after the first Monday in May or November, on the first Tuesday after the first Monday in August in accordance with section 3501.022 of the Revised Code, or on the day authorized by a particular municipal or county charter for the holding of a primary election, except that in any year in which a presidential primary election is held, no special election shall be held in May, except as authorized by a municipal or county charter, but may be held on the third Tuesday after the first Monday in March.
(E)(1) "Primary" or "primary election" means an election held for the purpose of nominating persons as candidates of political parties for election to offices, and for the purpose of electing persons as members of the controlling committees of political parties and as delegates and alternates to the conventions of political parties. Primary elections shall be held on the first Tuesday after the first Monday in May of each year except in years in which a presidential primary election is held.
(2) "Presidential primary election" means a primary 511
election as defined by division (E)(1) of this section at which 512
an election is held for the purpose of choosing delegates and 513
alternates to the national conventions of the major political 514
parties pursuant to section 3513.12 of the Revised Code. Unless 515
otherwise specified, presidential primary elections are included 516
S. B. No. 153 As Introduced
in references to primary elections. In years in which a 517
presidential primary election is held, all primary elections 518
shall be held on the third Tuesday after the first Monday in 519
March except as otherwise authorized by a municipal or county 520
charter. 521
(F) "Political party" means any group of voters meeting 522
the requirements set forth in section 3517.01 of the Revised 523
Code for the formation and existence of a political party. 524
(1) "Major political party" means any political party 525
organized under the laws of this state whose candidate for 526
governor or nominees for presidential electors received not less 527
than twenty per cent of the total vote cast for such office at 528
the most recent regular state election. 529
(2) "Minor political party" means any political party 530
organized under the laws of this state that meets either of the 531
following requirements: 532
(a) Except as otherwise provided in this division, the 533
political party's candidate for governor or nominees for 534
presidential electors received less than twenty per cent but not 535
less than three per cent of the total vote cast for such office 536
at the most recent regular state election. A political party 537
that meets the requirements of this division remains a political 538
party for a period of four years after meeting those 539
requirements. 540
(b) The political party has filed with the secretary of 541
state, subsequent to its failure to meet the requirements of 542
division (F)(2)(a) of this section, a petition that meets the 543
requirements of section 3517.01 of the Revised Code. 544
A newly formed political party shall be known as a minor 545
S. B. No. 153 As Introduced
| AsTntroduced | ||
| political party until the time of the first election for | 546 | |
| governor or president which occurs not less than twelve months | 547 | |
| subsequent to the formation of such party, after which election | 548 | |
| the status of such party shall be determined by the vote for the | 549 | |
| office of governor or president. | 550 | |
| (G) "Dominant party in a precinct" or "dominant political | 551 | |
| d od s od u | 552 | |
| for election to the office of governor at the most recent | 553 | |
| regular state election at which a governor was elected received | 554 | |
| more votes than any other person received for election to that | 555 | |
| office in such precinct at such election. | 556 | |
| 557 | ||
| 558 | ||
| on the official ballot of a primary, general, or special | 559 | |
| election to be held in this state, or any qualified person who | 560 | |
| claims to be a write-in candidate, or who knowingly assents to | 561 | |
| being represented as a write-in candidate by another at either a | 562 | |
| o ' ' | 563 | |
| 564 | ||
| not to be affiliated with a political party, and whose name has | 565 | |
| 566 | ||
| election through the filing of a statement of candidacy and | 567 | |
| nominating petition, as prescribed in section 3513.257 of the | 568 | |
| Revised Code. | 569 | |
| 570 | ||
| is required, pursuant to section 3505.04 of the Revised Code, to | 571 | |
| 572 | ||
| for judge of a municipal court, county court, or court of common | 573 | |
| pleas, for member of any board of education, for municipal or | 574 | |
| township offices in which primary elections are not held for | 575 | |
S. B. No. 153 As Introduced
nominating candidates by political parties, and for offices of 576
municipal corporations having charters that provide for separate 577
ballots for elections for these offices. 578
(K) "Party candidate" means any candidate who claims to be 579
a member of a political party and who has been certified to 580
appear on the office-type ballot at a general or special 581
election as the nominee of a political party because the 582
candidate has won the primary election of the candidate's party 583
for the public office the candidate seeks, has been nominated 584
under section 3517.012, or is selected by party committee in 585
accordance with section 3513.31 of the Revised Code. 586
(L) "Officer of a political party" includes, but is not 587
limited to, any member, elected or appointed, of a controlling 588
committee, whether representing the territory of the state, a 589
district therein, a county, township, a city, a ward, a 590
precinct, or other territory, of a major or minor political 591
party. 592
(M) "Question or issue" means any question or issue 593
certified in accordance with the Revised Code for placement on 594
an official ballot at a general or special election to be held 595
in this state. 596
(N) "Elector" or "qualified elector" means a person having 597
the qualifications provided by law to be entitled to vote. 598
(O) "Voter" means an elector who votes at an election. 599
(P) "Voting residence" means that place of residence of an 600
elector which shall determine the precinct in which the elector 601
may vote. 602
(Q) "Precinct" means a district within a county 603
established by the board of elections of such county within 604
S. B. No. 153 As Introduced
which all qualified electors having a voting residence therein 605
may vote at the same polling place. 606
(R) "Polling place" means that place provided for each 607
precinct at which the electors having a voting residence in such 608
precinct may vote. 609
(S) "Board" or "board of elections" means the board of 610
elections appointed in a county pursuant to section 3501.06 of 611
the Revised Code. 612
(T) "Political subdivision" means a county, township, 613
city, village, or school district. 614
(U) "Election officer" or "election official" means any of 615
the following: 616
(1) Secretary of state; 617
(2) Employees of the secretary of state serving the 618
division of elections in the capacity of attorney, 619
administrative officer, administrative assistant, elections 620
administrator, office manager, or clerical supervisor; 621
(3) Director of a board of elections; 622
(4) Deputy director of a board of elections; 623
(5) Member of a board of elections; 624
(6) Employees of a board of elections; 625
(7) Precinct election officials; 626
(8) Employees appointed by the boards of elections on a 627
temporary or part-time basis. 628
(V) "Acknowledgment notice" means a notice sent by a board 629
of elections, on a form prescribed by the secretary of state, 630
S. B. No. 153 As Introduced
informing a voter registration applicant or an applicant who 631
wishes to change the applicant's residence or name of the status 632
of the application; the information necessary to complete or 633
update the application, if any; and if the application is 634
complete, the precinct in which the applicant is to vote. 635
(W) "Confirmation notice" means a notice sent by a board 63
of elections, on a form prescribed by the secretary of state, to 63
a registered elector to confirm the registered elector's current 63
address, name, or other information required for registration. 63
The notice shall be sent by forwardable mail, shall be 64
accompanied by a postage prepaid, preaddressed return envelope 64
containing a form on which the elector may verify or correct the 64
elector's registration, and shall meet the requirements of the 64
National Voter Registration Act of 1993. 64
(X) "Designated agency" means an office or agency in the state that provides public assistance or that provides statefunded programs primarily engaged in providing services to persons with disabilities and that is required by the National Voter Registration Act of 1993 to implement a program designed and administered by the secretary of state for registering voters, or any other public or government office or agency that implements a program designed and administered by the secretary of state for registering voters, including the department of job and family services, the program administered under section 3701.132 of the Revised Code by the department of health, the department of mental health and addiction services, the department of developmental disabilities, the opportunities for Ohioans with disabilities agency, and any other agency the secretary of state designates. "Designated agency" does not include public high schools and vocational schools, public libraries, or the office of a county treasurer.
S. B. No. 153 As Introduced
(Y) "National Voter Registration Act of 1993" means the 662
"National Voter Registration Act of 1993," 107 Stat. 77, 42 663
U.S.C.A. 1973gg. 664
(Z) "Voting Rights Act of 1965" means the "Voting Rights 665
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended. 666
(AA)(1) "Photo identification" means one of the following 667
documents that includes the individual's name and photograph and 668
is not expired: 669
(a) An Ohio driver's license, state identification card, 670
or interim identification form issued by the registrar of motor 671
vehicles or a deputy registrar under Chapter 4506. or 4507. of 672
the Revised Code; 673
(b) A United States passport or passport card; 674
(c) A United States military identification card, Ohio 675
national guard identification card, or United States department 676
of veterans affairs identification card. 677
(2) A "copy" of an individual's photo identification means 678
images of both the front and back of a document described in 679
division (AA)(1) of this section, except that if the document is 680
a United States passport, a copy of the photo identification 681
means an image of the passport's identification page that 682
includes the individual's name, photograph, and other 683
identifying information and the passport's expiration date. 684
(BB) "Driver's license" means a license or permit issued 685
by the registrar or a deputy registrar under Chapter 4506. or 686
4507. of the Revised Code that authorizes an individual to 687
drive. "Driver's license" includes a driver's license, 688
commercial driver's license, probationary license, restricted 689
license, motorcycle operator's license, or temporary instruction 690
S. B. No. 153 As Introduced
permit identification card. "Driver's license" does not include 691
a limited term license issued under section 4507.09 of the 692
Revised Code. 693
(CC) "State identification card" means a card issued by 694
the registrar or a deputy registrar under sections 4507.50 to 695
4507.52 of the Revised Code. 696
(DD) "Interim identification form" means the document 697
issued by the registrar or a deputy registrar to an applicant 698
for a driver's license or state identification card that 699
contains all of the information otherwise found on the license 700
or card and that an applicant may use as a form of 701
identification until the physical license or card arrives in the 702
mail. 703
(EE)(1) "Proof of citizenship" means evidence that an 704
individual is a United States citizen, in the form of one of the 705
following: 706
(a) The number of the individual's current or expired Ohio 707
driver's license or state identification card, if the secretary 708
of state verifies using information obtained from the bureau of 709
motor vehicles that the individual has submitted documentation 710
to the bureau that indicates that the individual is a United 711
States citizen; 712
(b) The individual's current or expired Ohio driver's 713
license, state identification card, or interim identification 714
form issued on or after April 7, 2023, or a copy of the front 715
and back of that license, card, or form, if the license, card, 716
or form does not include a notation designating that the 717
individual is a noncitizen of the United States; 718
(c) The individual's current or expired driver's license 719
S. B. No. 153 Page 26
As Introduced
or nondriver identification card issued by another state within 720
the United States, or a copy of the front and back of the 721
license or card, if the issuing agency indicates on the license 722
or card that the individual is a United States citizen; 723
(d) The individual's birth certificate, certification of 724
report of birth, or consular report of birth abroad, or a copy 725
of one of those documents; 726
(e) The individual's current or expired United States 727
passport or passport card, a copy of the identification page of 728
the passport, or a copy of the front and back of the passport 729
card; 730
(f) The individual's certificate of naturalization or 731
certificate of citizenship or a copy of one of those documents. 732
(2) If an individual's current legal name is different 733
from the name on the individual's proof of citizenship, the 734
individual also shall provide proof of the change of name, such 735
as a copy of a marriage license or court order. 736
Sec. 3501.38. All declarations of candidacy, nominating 737
petitions, or other petitions presented to or filed with the 738
secretary of state or a board of elections or with any other 739
public office for the purpose of becoming a candidate for any 740
nomination or office or for the holding of an election on any 741
issue shall, in addition to meeting the other specific 742
requirements prescribed in the sections of the Revised Code 743
relating to them, be governed by the following rules: 744
(A) Only electors qualified to vote on the candidacy or 745
issue which is the subject of the petition shall sign a 746
petition. Each signer shall be a registered elector pursuant to 747
section 3503.01 of the Revised Code. The facts of qualification 748
S. B. No. 153 As Introduced
shall be determined as of the date when the elector signs the 749
petition is filed. 750
(B) Signatures shall be affixed in ink. Each signer may also print the signer's name, so as to clearly identify the signer's signature.
(C) Each signer shall place on the petition after the signer's name the date of signing and the location of the signer's voting residence, including the street and number if in a municipal corporation or the rural route number, post office address, or township if outside a municipal corporation. The voting address given on the petition shall be the address appearing in the registration records at the board of elections.
(D) Except as otherwise provided in section 3501.382 of 761
the Revised Code, no person shall write any name other than the 762
person's own on any petition. Except as otherwise provided in 763
section 3501.382 of the Revised Code, no person may authorize 764
another to sign for the person. If a petition contains the 765
signature of an elector two or more times, only the first 766
signature shall be counted. 767
(E)(1) (E) On each petition paper, the circulator shall 768
personally indicate the number of signatures contained on it, 769
and shall sign a statement made under penalty of election 770
falsification that the includes all of the following: 771
(1) A statement that the circulator witnessed the affixing 772
of every signature, that all signers were to the best of the 773
circulator's knowledge and belief qualified to sign, and that 774
every signature is to the best of the circulator's knowledge and 775
belief the signature of the person whose signature it purports 776
to be or of an attorney in fact acting pursuant to section 777
S. B. No. 153 As Introduced
3501.382 of the Revised Code. On the circulator's statement for 778
a declaration of candidacy or nominating petition for a person 779
seeking to become a statewide candidate, for a statewide 780
initiative or a statewide referendum petition, or for a party 781
formation petition described in division (A)(1)(b) of section 782
3517.01 of the Revised Code, the circulator shall identify the ; 783
(2) The circulator's name, and the address of the 784
circulator's permanent residence, and the name and address of 785
the ; 786
(3) If any person employing is compensating the circulator 787
to circulate the petition, if any. 788
(2) As used in division (E) of this section, "statewide 789
candidate" means the joint candidates for the offices of 790
governor and lieutenant governor or a candidate for the office 791
of secretary of state, auditor of state, treasurer of state, or 792
attorney general. as described in division (C) of section 793
3501.381 of the Revised Code, the name and address of that 794
person; 795
(4) The following statement:
"For the purposes of any proceeding related to this 797
petition, I submit to the jurisdiction of the courts of the 798
State of Ohio, the Ohio Secretary of State, and the board of 799
elections of the county in which I have circulated this 800
petition. I understand that I may be required to testify or to 801
produce evidence in such a proceeding. I agree to receive any 802
service of process at the residence address I have provided." 803
(F) Except as otherwise provided in section 3501.382 of 804
the Revised Code, if a circulator knowingly permits an 805
unqualified person to sign a petition paper or permits a person 806
S. B. No. 153 As Introduced
to write a name other than the person's own on a petition paper, 807
that petition paper is invalid; otherwise, the signature of a 808
person not qualified to sign shall be rejected but shall not 809
invalidate the other valid signatures on the paper. 810
(G) The circulator of a petition may, before filing it in 811
a public office, strike from it any signature the circulator 812
does not wish to present as a part of the petition. 813
(H) Any signer of a petition or an attorney in fact acting 814
pursuant to section 3501.382 of the Revised Code on behalf of a 815
signer may remove the signer's signature from that petition at 816
any time before the petition is filed in a public office by 817
striking the signer's name from the petition; no signature may 818
be removed after the petition is filed in any public office. 819
(I)(1) No alterations, corrections, or additions may be 820
made to a petition after it is filed in a public office. 821
(2)(a) No declaration of candidacy, nominating petition, 822
or other petition for the purpose of becoming a candidate may be 823
withdrawn after it is filed in a public office. Nothing in this 824
division prohibits a person from withdrawing as a candidate as 825
otherwise provided by law. 826
(b) No petition presented to or filed with the secretary 827
of state, a board of elections, or any other public office for 828
the purpose of the holding of an election on any question or 829
issue may be resubmitted after it is withdrawn from a public 830
office or rejected as containing insufficient signatures. 831
Nothing in this division prevents a question or issue petition 832
from being withdrawn by the filing of a written notice of the 833
withdrawal by a majority of the members of the petitioning 834
committee with the same public office with which the petition 835
S. B. No. 153 As Introduced
was filed prior to the sixtieth day before the election at which 836
the question or issue is scheduled to appear on the ballot. 837
(J) All declarations of candidacy, nominating petitions, 838
or other petitions under this section shall be accompanied by 839
the following statement in boldface capital letters: WHOEVER 840
COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE 841
FIFTH DEGREE. 842
(K) All separate petition papers shall be filed at the 843
same time, as one instrument. 844
(L) If a board of elections distributes for use a petition 845
form for a declaration of candidacy, nominating petition, or any 846
type of question or issue petition that does not satisfy the 847
requirements of law as of the date of that distribution, the 848
board shall not invalidate the petition on the basis that the 849
petition form does not satisfy the requirements of law, if the 850
petition otherwise is valid. Division (L) of this section 851
applies only if the candidate received the petition from the 852
board within ninety days of when the petition is required to be 853
filed. 854
(M)(1) Upon receiving an initiative petition, or a 85
petition filed under section 307.94 or 307.95 of the Revised 85
Code, concerning a ballot issue that is to be submitted to the 85
electors of a county or municipal political subdivision, the 85
board of elections shall examine the petition to determine: 85
(a) Whether the petition falls within the scope of a 860
municipal political subdivision's authority to enact via 861
initiative, including, if applicable, the limitations placed by 862
Sections 3 and 7 of Article XVIII of the Ohio Constitution on 863
the authority of municipal corporations to adopt local police, 864
S. B. No. 153 As Introduced
sanitary, and other similar regulations as are not in conflict 865
with general laws, and whether the petition satisfies the 866
statutory prerequisites to place the issue on the ballot. The 867
petition shall be invalid if any portion of the petition is not 868
within the initiative power; or 869
(b) Whether the petition falls within the scope of a county's authority to enact via initiative, including whether the petition conforms to the requirements set forth in Section 3 of Article X of the Ohio Constitution, including the exercise of only those powers that have vested in, and the performance of all duties imposed upon counties and county officers by law, and whether the petition satisfies the statutory prerequisites to place the issue on the ballot. The finding of the board shall be subject to challenge by a protest filed pursuant to division (B) of section 307.95 of the Revised Code.
(2) After making a determination under division (M)(1)(a) or (b) of this section, the board of elections shall promptly transmit a copy of the petition and a notice of the board's determination to the office of the secretary of state. Notice of the board's determination shall be given to the petitioners and the political subdivision.
(3) If multiple substantially similar initiative petitions are submitted to multiple boards of elections and the determinations of the boards under division (M)(1)(a) or (b) of this section concerning those petitions differ, the secretary of state shall make a single determination under division (M)(1)(a) or (b) of this section that shall apply to each such initiative petition.
(N) With respect to any petition for which a committee is designated to represent the petitioners, both of the following
S. B. No. 153 As Introduced
apply:
(1) The committee shall designate an agent upon whom notice of all matters or proceedings pertaining to the petition may be served. Each part-petition shall include the names of the members of the committee and the name and address of the committee's agent as they exist at the time the part-petition is printed.
(2) The committee shall designate in writing the names and addresses of one or more members or agents of the committee who consent to testify on behalf of the committee. The designation may set out the matters on which each person designated may testify. Upon request, the committee's agent described in division (N)(1) of this section shall make the designation available to the secretary of state, a board of elections, or a court of competent jurisdiction.
895
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902
903
904
905
906
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908
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912
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Sec. 3501.381. (A)(1) Any person who will receive compensation for supervising, managing, or otherwise organizing any effort to obtain signatures for a declaration of candidacy, nominating petition, or declaration of intent to be a write-in candidate for a person seeking to become a statewide candidate, for a statewide initiative petition or a statewide referendum petition, or for a party formation petition described in division (A)(1)(b) of section 3517.01 3501.38 of the Revised Code shall file a statement to that effect with the office of the secretary of state before any signatures are obtained for the petition or before the person is engaged to supervise, manage, or otherwise organize the effort to obtain signatures for the petition, whichever is later.
(2) Any person who will compensate a person for supervising, managing, or otherwise organizing any effort to
S. B. No. 153 As Introduced
obtain signatures for a declaration of candidacy, nominating 925
petition, or declaration of intent to be a write-in candidate 926
for a person seeking to become a statewide candidate, for a 927
statewide initiative or a statewide referendum petition, or for 928
a party formation petition described in division (A)(1)(b) of 929
section 3517.01 3501.38 of the Revised Code shall file a 930
statement to that effect with the office of the secretary of 931
state before any signatures are obtained for the petition or 932
before the person engages a person to supervise, manage, or 933
otherwise organize the effort to obtain signatures for the 934
petition, whichever is later. 935
(B) (3) The secretary of state shall prescribe the form 93
and content of the statements required under division (A) of 93
this section. 93
(C) (4) Whoever violates division (A) (A)(1) or (2) of this section is guilty of a misdemeanor of the first degree, and the petition for which a person was compensated for supervising, managing, or otherwise organizing the effort to obtain signatures shall be deemed invalid.
(D) As used in this section, "statewide candidate" means the joint candidates for the offices of governor and lieutenant governor or a candidate for the office of secretary of state, auditor of state, treasurer of state, or attorney general.
(B) At all times while circulating a petition, a person who is compensated for circulating the petition shall have, plainly visible on the circulator's person, a badge that legibly identifies the circulator as a paid circulator. The secretary of state shall prescribe the form of the badge.
(C) For purposes of this section, a person is compensated
S. B. No. 153 As Introduced
for taking an action if any of the following apply: 954
(1) The person has been paid, given, or promised, or has 955
received, any money or other thing of value as consideration for 956
taking the action. 957
(2) The person is authorized to take the action as part of 958
the person's regular duties as an employee or contractor of 959
another person. 960
(3) The person has been given or promised, or has 961
received, an appointment, promotion, or contract or an increase 962
in pay as consideration for taking the action. 963
(4) The person has been given or promised, or has 964
received, assistance to obtain an appointment, promotion, or 965
contract or an increase in pay as consideration for taking the 966
action. 967
Sec. 3501.39. (A)(A)(1) The secretary of state or a board 968
of elections shall accept any petition described in section 969
3501.38 of the Revised Code unless one of the following occurs: 970
(1) (a) A written protest against the petition or 971
candidacy, naming specific objections, is filed, a hearing is 972
held, and a determination is made by the election officials with 973
whom the protest is filed that the petition is invalid, in 974
accordance with any section of the Revised Code providing a 975
protest procedure. 976
(2) (b) A written protest against the petition or 977
candidacy, naming specific objections, is filed, a hearing is 978
held, and a determination is made by the election officials with 979
whom the protest is filed that the petition violates any 980
requirement established by law. 981
S. B. No. 153 As Introduced
(3) (c) In the case of an initiative petition received by 982
the board of elections, the petition falls outside the scope of 983
authority to enact via initiative or does not satisfy the 984
statutory prerequisites to place the issue on the ballot, as 985
described in division (M) of section 3501.38 of the Revised 986
Code. The petition shall be invalid if any portion of the 987
petition is not within the initiative power. 988
(4) (d) The candidate's candidacy or the petition violates the requirements of this chapter, Chapter 3513. of the Revised Code, or any other requirements established by law.
(2) Whenever any person fails to fully comply with a subpoena or an order to produce evidence served upon the person in a proceeding under division (A)(1) of this section by the secretary of state acting pursuant to section 3501.05, or by a board of elections acting pursuant to division (J) of section 3501.11 or section 3519.18 of the Revised Code, the secretary of state or the board of elections, as applicable, may file in a court of competent jurisdiction, and serve upon the person, a request for an order of the court that compels compliance with the subpoena or order. If the court finds that the noncompliance was in bad faith or for the purpose of delay, it may order the person to pay to the secretary of state or the board of elections, as applicable, the reasonable expenses incurred in obtaining the order to comply, including attorney's fees, and may invoke the sanctions provided by Rule 37 of the Rules of Civil Procedure.
(B) No part-petition is properly verified if it appears on the face thereof, or is made to appear by satisfactory evidence, that any of the following are true:
(1) That the number and statement required by division (E)
S. B. No. 153 As Introduced
of section 3501.38 of the Revised Code are not properly filled 1012
out by the circulator; 1013
(2) That the statement required by division (E) of section 1014
3501.38 of the Revised Code is not properly signed, is altered 1015
by erasure, interlineation, or otherwise, or is false in any 1016
respect; 1017
(3) That any one person has signed the part-petition more 1018
than once; 1019
(4) If applicable, that division (A)(1) or (2) of section 1020
3501.381 of the Revised Code was violated with respect to the 1021
petition; 1022
(5) If applicable, that the circulator did not comply with 1023
the requirements of division (B) of section 3501.381 of the 1024
Revised Code while circulating the part-petition. 1025
(C) Except as otherwise provided in division $\nleftarrow$ (D) of 1026
this section or section 3513.052 of the Revised Code, a board of 1027
elections shall not invalidate any declaration of candidacy or 1028
nominating petition under division (A)(4) (A)(1)(d) of this 1029
section after the sixtieth day prior to the election at which 1030
the candidate seeks nomination to office, if the candidate filed 1031
a declaration of candidacy, or election to office, if the 1032
candidate filed a nominating petition. 1033
(C)(1) (D)(1) If a petition is filed for the nomination or election of a candidate in a charter municipal corporation with a filing deadline that occurs after the ninetieth day before the day of the election, a board of elections may invalidate the petition within fifteen days after the date of that filing deadline.
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1038
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(2) If a petition for the nomination or election of a
S. B. No. 153 As Introduced
candidate is invalidated under division (C)(1) (D)(1) of this 1041
section, that person's name shall not appear on the ballots for 1042
any office for which the person's petition has been invalidated. 1043
If the ballots have already been prepared, the board of 1044
elections shall remove the name of that person from the ballots 1045
to the extent practicable in the time remaining before the 1046
election. If the name is not removed from the ballots before the 1047
day of the election, the votes for that person are void and 1048
shall not be counted. 1049
Sec. 3503.13. (A)(1) Except as otherwise provided in 1050
division (A)(2) of this section, voter registration forms 1051
submitted by applicants and the statewide voter registration 1052
database established under section 3503.15 of the Revised Code 1053
are public records subject to disclosure under section 149.43 of 1054
the Revised Code. 1055
(2) None of the following are subject to disclosure under 1056
division (A)(1) of this section: 1057
(a) An elector's full or partial social security number, 1058
driver's license or state identification card number, telephone 1059
number, or electronic mail address; 1060
(b) A confidential voter registration record, as described 1061
in section 111.44 of the Revised Code; 1062
(c) The address of a designated public service worker, if 1063
the designated public service worker has submitted a redaction 1064
request to the board of elections under section 149.45 of the 1065
Revised Code; 1066
(d) An elector's proof of citizenship; 1067
(e) Any other information that is prohibited from being 1068
disclosed by state or federal law. 1069
S. B. No. 153 As Introduced
(B) A board of elections may use a legible digitized 1070
signature list of voter signatures, copied from the signatures 1071
on the registration forms in a form and manner prescribed by the 1072
secretary of state, provided that the board includes the 1073
required voter registration information in the statewide voter 1074
registration database established under section 3503.15 of the 1075
Revised Code, and provided that the precinct election officials 1076
have computer printouts at the polls prepared in the manner 1077
required under section 3503.23 of the Revised Code. 1078
Sec. 3503.14. (A) The secretary of state shall prescribe 1079
the form and content of the registration, change of residence, 1080
and change of name forms used in this state. The forms shall 1081
meet the requirements of the National Voter Registration Act of 1082
1993 and shall include spaces for all of the following: 1083
(1) The voter's name; 1084
(2) The voter's current residence address; 1085
(3) The current date; 1086
(4) The voter's date of birth; 1087
(5) The voter to provide at least one of the following 1088
forms of identification: 1089
(a) The the voter's Ohio driver's license or state 1090
identification card number; 1091
(b) The or, if the voter does not have an Ohio driver's 1092
license or state identification card, the voter to provide the 1093
last four digits of the voter's social security number. 1094
(6) A space for the voter to provide the voter's former 1095
residence address or addresses, if the voter is currently 1096
registered to vote at another address. 1097
S. B. No. 153 As Introduced
| (7)_The voter's signature, accompanied by the following | |
| tatement: "I declare under penalty of election falsification I | 1098 |
| 1099 | |
| m a citizen of the United States, will have lived in this state | 1100 |
| or 30 days immediately preceding the next election, and will be | 1101 |
| t least 18 years of age at the time of the general election. I | 1102 |
| inderstand that if I am registered to vote at any other address, | 1103 |
| he election officials will be notified of my change of ddress." | 1104 |
| 1105 | |
| The forms shall include the following statement: | 1106 |
| "WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A | 1107 |
| ELONY OF THE FIFTHDEGREE." | 1108 |
| The registration form shall include a space on which the | 1109 |
| od a a oa | 1110 |
| 1111 | |
| egistering an applicant shall name the employer who is | 1112 |
| mploying that person to register the applicant. | 1113 |
| The forms shall include a box for the person filling out | 1114 |
| he form to check to indicate, if applicable, that the person | 1115 |
| as filled out all or part of the form on behalf of the | 1116 |
| pplicant because the applicant declares that the applicant | 1117 |
| equires such assistance by reason of blindness, disability, or | 1118 |
| lliteracy. | 1119 |
| Except for forms prescribed by the secretary of state | 1120 |
| nder section 3503.1l of the Revised Code, the secretary of | 1121 |
| tate shall permit boards of elections to produce forms that | 1122 |
| ave subdivided spaces for each individual alphanumeric | 1123 |
| character of the information provided by the voter so as to | 1124 |
| ccommodate the electronic reading and conversion of the voter's | 1125 |
| nformation to data and the subsequent electronic transfer of | 1126 |
S. B. No. 153 As Introduced
that data to the statewide voter registration database 1127
established under section 3503.15 of the Revised Code. 1128
(B) None of the following persons who are registering an 1129
applicant in the course of that official's or employee's normal 1130
duties shall sign the person's name, provide the person's 1131
address, or name the employer who is employing the person to 1132
register an applicant on a form prepared under this section: 1133
(1) An election official; 1134
(2) A county treasurer; 1135
(3) A deputy registrar of motor vehicles; 1136
(4) An employee of a designated agency; 1137
(5) An employee of a public high school; 1138
(6) An employee of a public vocational school; 1139
(7) An employee of a public library; 1140
(8) An employee of the office of a county treasurer; 1141
(9) An employee of the bureau of motor vehicles; 1142
(10) An employee of a deputy registrar of motor vehicles; 1143
(11) An employee of an election official. 1144
(C) Except as provided in section 3501.382 of the Revised 1145
de, any applicant who is unable to sign the applicant's own 1146
me shall make an "X," if possible, which shall be certified by 1147
e signing of the name of the applicant by the person filling 1148
out the form, who shall add the person's own signature. If an 1149
plicant is unable to make an "X," the applicant shall indicate 1150
in some manner that the applicant desires to register to vote or 1151
change the applicant's name or residence. The person 1152
S. B. No. 153 As Introduced
registering the applicant shall sign the form and attest that 1153
the applicant indicated that the applicant desired to register 1154
to vote or to change the applicant's name or residence. 1155
(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) (E)(1) A voter registration application is not required to contain the voter's former residence address to be considered valid.
(2) 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 1174
this section and in sections 3501.382 and 3505.24 of the Revised 1175
Code, no person shall preprint or fill out any portion of a 1176
voter registration, change of residence, or change of name form 1177
on behalf of an applicant. 1178
(2) A completed voter registration, change of residence, 1179
or change of name form is not valid if any portion of it has 1180
been completed by any person other than the applicant in 1181
S. B. No. 153 As Introduced
violation of division (F)(1) of this section. 1182
(G) As used in this section, "registering an applicant" 1183
includes any effort, for compensation, to provide voter 1184
registration forms or to assist persons in completing or 1185
returning those forms. 1186
Sec. 3503.15. (A) The secretary of state shall establish 1187
and maintain a statewide voter registration database that shall 1188
be administered by the office of data analytics and archives in 1189
the office of the secretary of state and made continuously 1190
available to each board of elections and to other agencies as 1191
authorized by law. 1192
The statewide voter registration database shall be the 1193
official list of registered electors for all elections conducted 1194
in this state. 1195
(B) The statewide voter registration database shall, at a 1196
minimum, include all of the following: 1197
(1) An electronic network that connects all board of 1198
elections offices with the office of the secretary of state and 1199
with the offices of all other boards of elections; 1200
(2) A computer program that harmonizes the records 1201
contained in the database with records maintained by each board 1202
of elections; 1203
(3) An interactive computer program that allows access to 1204
the records contained in the database by each board of elections 1205
and by any persons authorized by the secretary of state to add, 1206
delete, modify, or print database records, and to conduct 1207
updates of the database; 1208
(4) A search program capable of verifying registered 1209
S. B. No. 153 As Introduced
electors and their registration information by name, driver's 1210
license or state identification card number, birth date, social 1211
security number, or current address; 1212
(5) Safeguards and components to ensure that the 1213
integrity, security, and confidentiality of the voter 1214
registration information is maintained; 1215
(6) Methods to retain canceled voter registration records 1216
for not less than five years after they are canceled and to 1217
record the reason for their cancellation. 1218
(C) For each registered elector, the statewide voter 1219
registration database shall include all of the following 1220
information: 1221
(1) The elector's name; 1222
(2) The elector's birth date; 1223
(3) The elector's current residence address; 1224
(4) The elector's precinct number; 1225
(5) The elector's Ohio driver's license or state 1226
identification card number, if available; 1227
(6) The last four digits of the elector's social security 1228
number, if available; 1229
(7) The elector's telephone number, if available; 1230
(8) The elector's electronic mail address, if available; 1231
(9)(a) The elector's voter registration date, which shall 1232
be determined based on the elector's most recent application to 1233
register to vote in this state, subject to division (C)(9)(b) of 1234
this section, as follows: 1235
S. B. No. 153 As Introduced
| ( | |||
| state or local office of a designated agency, the office of the | 1237 | ||
| registrar or any deputy registrar of motor vehicles, a public | 1238 | ||
| high school or vocational school, a public library, or the | 1239 | ||
| office of a county treasurer, the date stamped on the | 1240 | ||
| 1241 1242 | |||
| (ii) In the case of an application delivered in person to | 1243 | ||
| a board of elections or the secretary of state, the date stamped | 1244 | ||
| 1245 | |||
| secretary of state, as applicable; | 1246 | ||
| (iii) In the case of an application delivered by mail to a | 1247 | ||
| board of elections or the secretary of state, the date the | 1248 | ||
| application is postmarked; | 1249 | ||
| (iv) In the case of an application submitted through the | 1250 | ||
| online voter registration system established under section | 1251 | ||
| 3503.20 of the Revised Code, the date of the online submission; | 1252 | ||
| (v) In the case of an application submitted to a board of | 1253 | ||
| elections by facsimile transmission or electronic mail under | 1254 | ||
| Chapter 351l. of the Revised Code, the date of the receipt of | 1255 | ||
| the transmission or electronic mail by the board of elections; | 1256 | ||
| 1257 | |||
| (vi) In the case of a provisional ballot affirmation that | 1258 | ||
| 1259 | |||
| because the individual who cast the ballot is not registered to | |||
| vote, the date the board of elections determines that the | 1260 | ||
| provisional ballot is invalid under section 3505.183 of the | 1261 | ||
| Revised Code. | 1262 | ||
| (b) For purposes of determining an elector's voter | 1263 | ||
| registration date under division (C)(9)(a) of this section, all | 1264 |
S. B. No. 153 As Introduced
| of the following apply: | |
| 1265 | |
| 1266 | |
| 1267 | |
| registration before an election and ending on the day of the | 1268 |
| election.If the date determined under division (C)(9)(a)of | 1269 |
| this section would be during that period, the voter registration | 1270 |
| date instead shall be the date on which the board of elections | 1271 |
| 1272 | |
| the election. | 1273 |
| o 'og u o o o () | 1274 |
| a provisional ballot affirmation that serves as a change of | 1275 |
| address or change of name form, is not considered an application | 1276 |
| to register to vote. | 1277 |
| (iii) An application to register to vote that is submitted | 1278 |
| by an individual who is already registered to vote in this state | 1279 |
| is not considered an application to register to vote. | 1280 |
| (l0) The elector's voting history, including all of the | 1281 |
| following for each election in which the elector cast a ballot | 1282 |
| that was counted: | 1283 |
| (a) The date of the election; | 1284 |
| (b) If the election was a primary election, the political | 1285 |
| party whose ballot the elector cast at the primary election or | 1286 |
| an indication that the elector voted only on the questions and | 1287 |
| issues appearing on the ballot at a special election held on the | 1288 |
| day of the primary election; | 1289 |
| (c) The type of ballot the elector cast. | 1290 |
| (ll) The elector's last activity date, which shall be | 1291 |
| determined in accordance with rules adopted by the secretary of | 1292 |
S. B. No. 153 As Introduced
state pursuant to Chapter 119. of the Revised Code.; (12) The date, if any, on which the elector's United
States citizenship was verified under section 3503.152 or
3503.202 of the Revised Code; (13) If applicable, a notation that the elector is
required to cast a provisional ballot under section 3503.201 or
3503.202 of the Revised Code and the reason the elector is
required to do so;
(14) Any other information the secretary of state requires to be included by rule adopted pursuant to Chapter 119. of the Revised Code.
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(D) Every business day during the period beginning on the forty-sixth day before an election and ending on the eightyfirst day after the day of the election, a board of elections shall create a daily record of its voter registration database as of four p.m. and shall transmit the daily record to the secretary of state in a secure manner prescribed by the secretary of state. The secretary of state shall archive the daily record and retain it for at least twenty-two months after the day of the election permanently.
(E) The secretary of state shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this section and sections 3503.151 to 3503.153 of the Revised Code, including rules doing all of the following:
(1) Specifying the manner in which any voter registration records maintained by boards of elections in other data formats shall be converted for inclusion in the statewide voter registration database;
(2) Establishing a uniform method for entering voter
S. B. No. 153 As Introduced
registration records into the statewide voter registration 1322
database on an expedited basis, but not less than once per day, 1323
if new registration information is received, and for 1324
transmitting information securely to the secretary of state; 1325
(3) Establishing a uniform method for purging canceled 1326
voter registration records from the statewide voter registration 1327
database in accordance with section 3503.21 of the Revised Code; 1328
(4) Specifying the persons authorized to add, delete, 1329
modify, or print records contained in the statewide voter 1330
registration database and to make updates of that database; 1331
(5) Establishing a process for annually auditing the 1332
information contained in the statewide voter registration 1333
database. 1334
(F) A board of elections promptly shall purge a voter's 1335
name and voter registration information from the statewide voter 1336
registration database in accordance with the rules adopted by 1337
the secretary of state under division (E)(3) of this section 1338
after the cancellation of a voter's registration under section 1339
3503.21 of the Revised Code. 1340
(G) The secretary of state shall provide training in the 1341
operation of the statewide voter registration database to each 1342
board of elections and to any persons authorized by the 1343
secretary of state to add, delete, modify, or print database 1344
records, and to conduct updates of the database. 1345
(H) A board of elections and any vendor with which it 1346
contracts to provide voter registration software or related 1347
services shall ensure that the board's voter registration system 1348
and practices comply with the requirements of this section and 1349
any rules adopted under this section. 1350
S. B. No. 153 As Introduced
Sec. 3503.151. (A) The secretary of state, through the 1351
office of data analytics and archives, and the boards of 1352
elections shall maintain the accuracy of the statewide voter 1353
registration database in accordance with this section. 1354
(B)(1) State agencies, including, but not limited to, the department of health, the bureau of motor vehicles, the department of job and family services, the department of medicaid, and the department of rehabilitation and corrections, shall provide any information and data to the secretary of state that is collected in the course of normal business and that is necessary to register to vote, to update an elector's registration, or to maintain the statewide voter registration database, except where prohibited by federal law or regulation. The department of health, the bureau of motor vehicles, the department of job and family services, the department of medicaid, and the department of rehabilitation and corrections shall provide that information and data to the secretary of state not later than the last day of each month. The secretary of state shall ensure that any information or data provided to the secretary of state that is confidential in the possession of the entity providing the data remains confidential while in the possession of the secretary of state. No public office, and no public official or employee, shall sell that information or data or use that information or data for profit.
(2) The secretary of state shall adopt rules under Chapter 119. of the Revised Code that establish, by mutual agreement with the bureau of motor vehicles, the content and format of the information and data the bureau of motor vehicles shall provide to the secretary of state under division (B)(1) of this section and the frequency with which the bureau shall provide that information and data.
S. B. No. 153 As Introduced
(C)(1) The secretary of state shall enter into agreements to share information or data that is in the possession of the secretary of state with other states or groups of states, as the secretary of state considers necessary, in order to maintain the statewide voter registration database. Except as otherwise provided in division (C)(2) of this section, the secretary of state shall ensure that any information or data provided to the secretary of state that is confidential in the possession of the state providing the data remains confidential while in the possession of the secretary of state.
(2) The secretary of state may provide such otherwise confidential information or data to persons or organizations that are engaging in legitimate governmental purposes related to the maintenance of the statewide voter registration database. The secretary of state shall adopt rules pursuant to Chapter 119. of the Revised Code identifying the persons or organizations who may receive that information or data. The secretary of state shall not share that information or data with a person or organization not identified in those rules. The secretary of state shall ensure that a person or organization that receives confidential information or data under this division keeps the information or data confidential in the person's or organization's possession by, at a minimum, entering into a confidentiality agreement with the person or organization. Any confidentiality agreement entered into under this division shall include a requirement that the person or organization submit to the jurisdiction of this state in the event that the person or organization breaches the agreement.
(3) No person or entity that receives information or data under division (C) of this section shall sell the information or data or use the information or data for profit.
S. B. No. 153 As Introduced
| (D) The secretary of state shall regularly transmit to the 1413 |
| 1414 |
| federal law, the information and data the secretary of state 1415 |
| o ) ) 1416 |
| 1417 |
| accuracy of the statewide voter registration database is 1418 |
| maintained on a regular basis in accordance with applicable 1419 |
| state and federal law: 1420 |
| (l) Require the boards of elections to maintain the 1421 |
| database in a manner that ensures that the name of each 1422 |
| registered elector appears in the database, that only 1423 |
| individuals who are not registered or eligible to vote are 1424 |
| removed from the database, and that duplicate registrations are 1425 |
| eliminated from the database; 1426 |
| (2) Require the boards of elections to make a reasonable 1427 |
| effort to remove individuals who are not eligible to vote from 1428 |
| the database; 1429 |
| (3) Establish safeguards to ensure that eligible electors 1430 |
| are not removed in error from the database. 1431 |
| (E)(l) The secretary of state shall use the information in 1432 |
| the statewide voter registration database and the databases of 1433 |
| the bureau of motor vehicles and the United States social 1434 |
| security administration regularly to prepare and transmit a 1435 |
| report to each board of elections that identifies each voter 1436 |
| registration record in the county to which any of the following 1437 |
| apply and that has not been identified in a previous report: 1438 |
| (a) The record contains neither an Ohio driver's license 1439 |
| or state identification card number nor the last four digits of 1440 |
| a social security number. 1441 |
S. B. No. 153 Page 51
As Introduced (b) The record contains an Ohio driver's license or state
identification card number, but one of the following applies: (i) The number does not exist in the records of the bureau
of motor vehicles. (ii) The number exists in the records of the bureau of
motor vehicles but is not associated with the first name, last
name, and date of birth that appear in the voter registration
record. (iii) Except as otherwise provided in division (E)(2) of
this section, the number exists in the records of the bureau of
motor vehicles and is associated with the first name, last name,
and date of birth that appear in the voter registration record,
but the residence address that appears in the records of the
bureau of motor vehicles is not the same as the residence
address that appears in the voter registration record. (c) The record contains the last four digits of a social
security number, but one of the following applies: (i) Those digits do not exist in the records of the United
States social security administration. (ii) Those digits exist in the records of the United
States social security administration but are not associated
with the first name, last name, and date of birth that appear in
the voter registration record. (2) The report shall exclude any voter registration record
described in division (E)(1)(b)(iii) belonging to an elector to
whom either of the following applies: (a) The elector is a participant in the address
confidentiality program described in sections 111.41 to 111.99
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S. B. No. 153 As Introduced
of the Revised Code.
(b) The elector is a designated public service worker, as described in section 149.43 of the Revised Code, and one of the following applies:
(i) The elector has submitted a redaction request to the secretary of state or to the board of elections under section 149.45 of the Revised Code.
(ii) It is otherwise apparent from the elector's voter registration record or from the records of the bureau of motor vehicles that the elector is a designated public service worker.
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(3) If, after a voter registration record appears on a report created under division (E) of this section because of the circumstances described in division (E)(1)(b)(iii) of this section, and the secretary of state learns in the preparation of a subsequent report that the elector's residence address in the records of the bureau of motor vehicles has been updated to match the elector's residence address in the voter registration record, the subsequent report shall include an instruction to the board to remove the indication from the elector's registration record added under division (A)(1) of section 3503.202 of the Revised Code.
(4) Promptly after receiving the report, the board of elections shall proceed under section 3503.201 of the Revised Code.
(5) Subject to division (A)(2) of section 3503.13 of the Revised Code, the secretary of state shall make the information in each report available to the public on the secretary of state's official web site.
(F)(1) The secretary of state shall adopt rules under
S. B. No. 153 As Introduced
Chapter 119. of the Revised Code to establish a uniform method 149
for addressing instances in which records contained in the 150
statewide voter registration database do not conform with 150
records maintained by an agency, state, or group of states 150
described in division (B) or (C) of this section. That method 150
shall prohibit an elector's voter registration from being 150
canceled on the sole basis that the information in the 150
registration record does not conform to records maintained by 150
such an agency. 150
(2) Information provided under division (B) or (C) of this section for maintenance of the statewide voter registration database shall not be used to update the name or address of a registered elector. The name or address of a registered elector shall only be updated as a result of the elector's actions in filing a notice of change of name, change of address, or both.
(3) A Except as otherwise provided in section 3503.201 of the Revised Code, a board of elections shall contact a registered elector pursuant to the rules adopted under division (E)(1) (F)(1) of this section to verify the accuracy of the information in the statewide voter registration database regarding that elector if that information does not conform with information provided under division (B) or (C) of this section and the discrepancy would affect the elector's eligibility to cast a regular ballot.
Sec. 3503.152. The At least once each month, and every day during the period beginning on the forty-sixth day before an election and ending on the day before the day of the election, the secretary of state shall conduct an annual review of the statewide voter registration database to identify persons who appear not to be verify the United States citizens citizenship
S. B. No. 153 As Introduced
| of persons whose citizenship has not been verified, as follows: 1529 |
| (A)(A)(l) The secretary of state shall compare the 1530 |
| information in the statewide voter registration database with 1531 1532 |
| of motor vehicles under section 3503.15l of the Revised Code to 1533 |
| identify any person who has submitted documentation to the |
| 1534 |
| 1535 United States citizen. 1536 |
| (2) The secretary of state shall compare the information 1537 |
| in the statewide voter registration database with the 1538 |
| information the secretary of state obtains from the bureau of 1539 |
| motor vehicles under section 3503.151 of the Revised Code to 1540 |
| identify any person who does all of the following, in the 1541 |
| following order, and who has not previously been included in a 1542 report issued under this section: 1543 |
| (l)(a)_Submits documentation to the bureau of motor 1544 |
| 1545 citizen; 1546 |
| (2)(b)_Registers to vote, submits a voter registration 1547 change of residence or change of name form, or votes in this 1548 |
| state; 1549 |
| (3)(c)_Submits documentation to the bureau of motor 1550 |
| 1551 citizen. 1552 |
| (B) The secretary of state shall send a written notiee to 1553 |
| eaeh person identified under division (A) of this section, 1554 |
| instrueting the person either to confirm that the person is a 1555 |
| United States citizen or to submit a completed voter 1556 |
| registration cancellation form to the secretary of state. The 1557 |
S. B. No. 153 As Introduced
secretary of state shall include a blank voter registration 1558
cancellation form with the notice. If the person fails to 1559
respond to the secretary of state in the manner described in 1560
division (C) or (D) of this section not later than thirty days 1561
after the notice is sent, the secretary of state promptly shall 1562
send the person a second notice and form. 1563
(C) If, not later than sixty days after the first notice is sent, a person who is sent a notice under division (B) of this section responds to the secretary of state, confirming that the person is a United States citizen, the secretary of state shall take no action concerning the person's voter registration.
(D) If, not later than sixty days after the first notice was sent, a person who receives a notice under division (B) of this section sends a completed voter registration cancellation form to the secretary of state, the secretary of state shall instruct the board of elections of the county in which the person is registered to cancel the person's registration.
(E) If a person who is sent a second notice under division 1575
(B) of this section fails to respond to the secretary of state 1576
in the manner described in division (C) or (D) of this section 1577
not later than thirty days after the second notice is sent, the 1578
secretary of state shall refer the matter to the attorney 1579
general for further investigation and possible prosecution under 1580
section 3599.11, 3599.12, 3599.13, or any other applicable 1581
section of the Revised Code. If, after the thirtieth day after 1582
the second notice is sent, the person sends a completed voter 1583
registration cancellation form to the secretary of state, the 1584
secretary of state shall instruct the board of elections of the 1585
county in which the person is registered to cancel the person's 1586
registration and shall notify the attorney general of the 1587
S. B. No. 153 As Introduced
cancellation. 1588
(F) The secretary of state shall not conduct the review 1589
described in this section during the ninety days immediately 1590
preceding a primary or general election for federal office.(3) 1591
Separately, the secretary of state shall compare the information 1592
in the statewide voter registration database with the 1593
information the secretary of state obtains from the bureau of 1594
motor vehicles under section 3503.151 of the Revised Code to 1595
identify any person who has submitted documentation to the 1596
bureau of motor vehicles that indicates that the person is not a 1597
United States citizen, has not subsequently submitted 1598
documentation to the bureau that indicates that the person has 1599
become a United States citizen, and has not previously been 1600
included in a report issued under this section. The secretary of 1601
state then shall consult the systematic alien verification for 1602
entitlements (SAVE) program or its successor program, operated 1603
by the United States department of homeland security or its 1604
successor agency, to determine whether the program indicates 1605
that the person is not a United States citizen. 1606
(B)(1) When the secretary of state verifies that a person 1607
is a United States citizen under division (A)(1) of this 1608
section, the secretary of state promptly shall send a report to 1609
the applicable board of elections, instructing the board to 1610
proceed under division (D) of section 3503.201 or division (A) 1611
(1)(e) of section 3503.202 of the Revised Code, as applicable. 1612
(2) When the secretary of state identifies a person who 1613
appears not to be a United States citizen under division (A)(2) 1614
or (3) of this section, the secretary of state promptly shall 1615
send a report to the applicable board of elections, instructing 1616
the board to proceed under division (A)(1)(e) of section 1617
S. B. No. 153 As Introduced
3503.202 of the Revised Code. 1618
(C)(1) If, after being sent a confirmation notice under 1619
division (A)(1)(e) of section 3503.202 of the Revised Code, a 1620
person cancels the person's voter registration or has the 1621
person's registration canceled under division (D)(4) of that 1622
section, the secretary of state shall refer the matter to the 1623
attorney general for further investigation and possible 1624
prosecution under section 3599.11, 3599.12, 3599.13, or any 1625
other applicable section of the Revised Code. 1626
(2) If, within fourteen days after a person is sent a 1627
second confirmation notice under division (A)(1)(e) of section 1628
3503.202 of the Revised Code, the person does not provide valid 1629
proof of citizenship to the board of elections under that 1630
section or cancel the person's voter registration, the secretary 1631
of state shall do all of the following: 1632
(a) Cancel the person's voter registration and notify the 1633
board of elections of that action; 1634
(b) Send the person a notice that the person's voter 1635
registration has been canceled and the reason for the 1636
cancelation; 1637
(c) Refer the matter to the attorney general for further 1638
investigation and possible prosecution under section 3599.11, 1639
3599.12, 3599.13, or any other applicable section of the Revised 1640
Code. 1641
Sec. 3503.153. (A) The statewide voter registration 1642
database shall be made available on a web site of the office of 1643
the secretary of state as follows: 1644
(1) Except as otherwise provided in division (A)(2) of 1645
this section, the following information from the statewide voter 1646
S. B. No. 153 As Introduced
registration database regarding a registered elector shall be 1647
made available on the web site: 1648
(a) The elector's name; 1649
(b) The elector's birth date; 1650
(c) The elector's current residence address; 1651
(d) The elector's precinct number; 1652
(e) The elector's voter registration date, as described in 1653
division (C)(9) of section 3503.15 of the Revised Code; 1654
(f) The elector's voting history, as described in division 1655
(C)(10) of section 3503.15 of the Revised Code; 1656
(g) The elector's last activity date, as described in 1657
division (C)(11) of section 3503.15 of the Revised Code; 1658
(h) If applicable, the fact that the elector is required 1659
to cast a provisional ballot under section 3503.201 or 3503.202 1660
of the Revised Code, the reason for that fact, and the 1661
information the elector must provide to the board of elections 1662
to become eligible to cast a regular ballot. 1663
(2) During the thirty days before the day of a primary or 1664
general election, the web site interface of the statewide voter 1665
registration database shall permit an elector to search for the 1666
polling location at which that elector may cast a ballot. 1667
(3) No information in the statewide voter registration 1668
database that is exempt from disclosure under division (A)(2) of 1669
section 3503.13 of the Revised Code shall be made available on 1670
the web site. 1671
(B)(1) The secretary of state shall establish, by rule 1672
adopted under Chapter 119. of the Revised Code, a process for 1673
S. B. No. 153 As Introduced
boards of elections to notify the secretary of state of changes 1674
in the locations of precinct polling places for the purpose of 1675
updating the information made available on the secretary of 1676
state's web site under division (A)(2) of this section. Those 1677
rules shall require a board of elections, during the thirty days 1678
before the day of a primary or general election, to notify the 1679
secretary of state within one business day of any change to the 1680
location of a precinct polling place within the county. 1681
(2) During the thirty days before the day of a primary or general election, not later than one business day after receiving a notification from a county pursuant to division (B) (1) of this section that the location of a precinct polling place has changed, the secretary of state shall update that information on the secretary of state's web site for the purpose of division (A)(2) of this section.
Sec. 3503.16. (A) Except as otherwise provided in division 1689
(E) of section 111.44 of the Revised Code, whenever Whenever a 1690
registered elector changes the place of residence of that 1691
registered elector from one precinct to another within a county 1692
or from one county to another this state, or has a change of 1693
name, that registered elector shall report the change by 1694
delivering a change of residence or change of name form, 1695
whichever is appropriate, as prescribed by the secretary of 1696
state under section 3503.14 of the Revised Code to the state or 1697
local office of a designated agency, a public high school or 1698
vocational school, a public library, the office of the county 1699
treasurer, the office of the secretary of state, any office of 1700
the registrar or deputy registrar of motor vehicles, or any 1701
office of a board of elections in person or by a third person. 1702
Any voter registration, change of address, or change of name 1703
application, returned by mail, may be sent only to the secretary 1704
S. B. No. 153 As Introduced
of state or the board of elections. 1705
A registered elector also may update the registration of 1706
that registered elector by filing a change of residence or 1707
change of name form on the day of a special, primary, or general 1708
election at the polling place in the precinct in which that 1709
registered elector resides or at the board of elections or at 1710
another site designated by the boardone of the methods described 1711
in section 3503.19 of the Revised Code not later than the 1712
thirtieth day before the day of an election, except as otherwise 1713
permitted under this section. 1714
(B)(1)(a) Any registered elector who moves within a 171
precinct on or prior to the day of a general, primary, or 1716
special election and has not filed a notice of change of 171
residence with the board of elections may vote in that election 1718
by going to that registered elector's assigned polling place, 171
completing and signing a notice of change of residence, showing 1720
photo identification, and casting a ballot. 1721
(b) Any registered elector who changes the name of that 1722
registered elector and remains within a precinct on or prior to 1723
the day of a general, primary, or special election and has not 1724
filed a notice of change of name with the board of elections may 1725
vote in that election by going to that registered elector's 1726
assigned polling place, completing and signing a notice of a 1727
change of name, and casting a provisional ballot under section 1728
3505.181 of the Revised Code. If the registered elector provides 1729
to the precinct election officials proof of a legal name change, 1730
such as a marriage license or court order that includes the 1731
elector's current and prior names, the elector may complete and 1732
sign a notice of change of name and cast a regular ballot. 1733
(2)(B) Any registered elector who moves from one precinct 1734
S. B. No. 153 As Introduced
to another within a county, does not move but changes the elector's name, or moves from one precinct to another within a county and changes the name of that registered elector on or prior to the day of a general, primary, or special election and has not filed a notice of reported the change of residence or change of name, whichever is appropriate, with the board of elections under section 3503.19 of the Revised Code may vote in that election if that registered elector complies with division (G) of this section or does all of the following:
(a) Appears at anytime during regular business hours on or after the twenty-eighth day prior to the election in which that registered elector wishes to vote or, if the election is held on the day of a presidential primary election, the twenty-fifth day prior to the election, through noon of the Saturday prior to the election at the office of the board of elections, appears at any time during regular business hours on the Monday prior to the election at the office of the board of elections, or appears on the day of the election at either of the following locations:
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(i) The by casting a provisional ballot using the address to which the elector has moved or the name of the elector as changed, whichever is appropriate, at the polling place for the precinct in which that registered elector resides;
(ii) The , at the office of the board of elections or, if pursuant to division (C) of of the county in which the elector resides during the time that absent voter's ballots may be cast in person under section 3501.10 3509.051 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, or, if the elector qualifies to do so, by casting a provisional ballot with the
S. B. No. 153 As Introduced
assistance of two election officials of the county in which the 1765
elector resides under section 3509.08 of the Revised Code. 1766
(b) Completes and signs, under penalty of election 1767
falsification, the The written affirmation on the provisional 1768
ballot envelope, which shall serve as a notice of change of 1769
residence or change of name, whichever is appropriate; 1770
(c) Votes a provisional ballot under section 3505.181 of the Revised Code at the polling place, at the office of the board of elections, or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, whichever is appropriate, using the address to which that registered elector has moved or the name of that registered elector as changed, whichever is appropriate;
(d) Completes and signs, under penalty of election 1780
falsification, a statement attesting that that registered 1781
elector moved or had a change of name, whichever is appropriate, 1782
on or prior to the day of the election, has voted a provisional 1783
ballot at the polling place for the precinct in which that 1784
registered elector resides, at the office of the board of 1785
elections, or, if pursuant to division (C) of section 3501.10 of 1786
the Revised Code the board has designated another location in 1787
the county at which registered electors may vote, at that other 1788
location instead of the office of the board of elections, 1789
whichever is appropriate, and will not vote or attempt to vote 1790
at any other location for that particular election. 1791
(C) Any registered elector who moves from one county to another county within the state on or prior to the day of a general, primary, or special election and has not registered to
S. B. No. 153 As Introduced
vote in the county to which that registered elector moved 179
reported the change of residence under section 3503.19 of the 179
Revised Code may vote in that election if that registered 179
elector complies with division (G) of this section or does all 179
of the following: 179
(1) Appears at any time during regular business hours on or after the twenty-eighth day prior to the election in which that registered elector wishes to vote or, if the election is held on the day of a presidential primary election, the twentyfifth day prior to the election, through noon of the Saturday prior to the election by casting a provisional ballot using the address to which the elector has moved at the office of the board of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, appears of the county in which the elector resides during the time that absent voter's ballots may be cast in person under section 3509.061 of the Revised Code, during regular business hours on the Monday prior to the election at the office of the board of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, or appears on the day of the election at the office of the board of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections;
(2) Completes and signs, under penalty of election
S. B. No. 153 As Introduced
falsification, the , or, if the elector qualifies to do so, by casting a provisional ballot with the assistance of two election officials of the county in which the elector resides under section 3509.08 of the Revised Code. The written affirmation on the provisional ballot envelope, which shall serve as a notice of change of residence;
(3) Votes a provisional ballot under section 3505.181 of the Revised Code at the office of the board of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, using the address to which that registered elector has moved;
(4) Completes and signs, under penalty of election 1839
falsification, a statement attesting that that registered 1840
elector has moved from one county to another county within the 1841
state on or prior to the day of the election, has voted at the 1842
office of the board of elections or, if pursuant to division (C) 1843
of section 3501.10 of the Revised Code the board has designated 1844
another location in the county at which registered electors may 1845
vote, at that other location instead of the office of the board 1846
of elections, and will not vote or attempt to vote at any other 1847
location for that particular election. 1848
(D) A person who votes by absent voter's ballots pursuant 1849
to division (G) of this section shall not make written 1850
application for the ballots pursuant to Chapter 3509. of the 1851
Revised Code. Ballots cast pursuant to division (G) of this 1852
section shall be set aside in a special envelope and counted 1853
during the official canvass of votes in the manner provided for 1854
in sections 3505.32 and 3509.06 of the Revised Code insofar as 1855
S. B. No. 153 As Introduced
that manner is applicable. The board shall examine the pollbooks 1856
to verify that no ballot was cast at the polls or by absent 1857
voter's ballots under Chapter 3509. or 3511. of the Revised Code 1858
by an elector who has voted by absent voter's ballots pursuant 1859
to division (G) of this section. Any ballot determined to be 1860
insufficient for any of the reasons stated above or stated in 1861
section 3509.07 of the Revised Code shall not be counted. 1862
Subject to division (C) of section 3501.10 of the Revised Code, a board of elections may lease or otherwise acquire a site different from the office of the board at which registered electors may vote pursuant to division (B) or (C) of this section.
(E) Upon receiving a notice of change of residence or 1868
change of name, the board of elections shall immediately send 1869
the registrant an acknowledgment notice. If the change of 1870
residence or change of name notice is valid, the board shall 1871
update the voter's registration as appropriate. If that form is 1872
incomplete, the board shall inform the registrant in the 1873
acknowledgment notice specified in this division of the 1874
information necessary to complete or update that registrant's 1875
registration. 1876
(F) Change of residence and change of name forms shall be 1877
available at each polling place, and when these forms are 1878
completed, noting changes of residence or name, as appropriate, 1879
they shall be filed with election officials at the polling 1880
place. Election officials shall return completed forms, together 1881
with the pollbooks and tally sheets, to the board of elections. 1882
The board of elections shall provide change of residence 1883
and change of name forms to the probate court and court of 1884
common pleas. The court shall provide the forms to any person 1885
S. B. No. 153 As Introduced
eighteen years of age or older who has a change of name by order 1886
of the court or who applies for a marriage license. The court 1887
shall forward all completed forms to the board of elections 1888
within five days after receiving them. 1889
(G) A registered elector who otherwise would qualify to vote under division (B) or (C) of this section but is unable to appear at the office of the board of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location, on account of personal illness, physical disability, or infirmity, may vote on the day of the election if that registered elector does all of the following:
(1) Makes a written application on a form prescribed by the secretary of state that includes all of the information required under section 3509.03 of the Revised Code to the appropriate board for an absent voter's ballot on or after the twenty-seventh day prior to the election in which the registered elector wishes to vote through the close of business on the seventh day prior to that election and requests that the absent voter's ballot be sent to the address to which the registered elector has moved if the registered elector has moved, or to the address of that registered elector who has not moved but has had a change of name;
(2) Declares that the registered elector has moved or had a change of name, whichever is appropriate, and otherwise is qualified to vote under the circumstances described in division (B) or (C) of this section, whichever is appropriate, but that the registered elector is unable to appear at the board of elections because of personal illness, physical disability, or
S. B. No. 153 As Introduced
infirmity; 1916
(3) Completes and returns along with the completed absent 1917
voter's ballot a notice of change of residence indicating the 1918
address to which the registered elector has moved, or a notice 1919
of change of name, whichever is appropriate; 1920
(4) Completes and signs, under penalty of election falsification, a statement attesting that the registered elector has moved or had a change of name on or prior to the day before the election, has voted by absent voter's ballot because of personal illness, physical disability, or infirmity that prevented the registered elector from appearing at the board of elections, and will not vote or attempt to vote at any other location or by absent voter's ballot mailed to any other location or address for that particular election.
Sec. 3503.19. (A) Persons Except as otherwise provided in section 111.44 of the Revised Code, persons qualified to register or to change their registration because of a change of address or change of name may register or change update their registration in by doing any of the following:
(1) Submitting a voter registration application or update form in person at any state or local office of a designated agency, at the office of the registrar or any deputy registrar of motor vehicles, at a public high school or vocational school, at a public library, at the office of a county treasurer, or at a branch office established by the board of elections, or probate court or court of common pleas, provided that a person who receives compensation for registering a voter shall return any registration form entrusted to that person by an applicant to a board of elections or to the office of the secretary of state;
S. B. No. 153 As Introduced
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1947
(2) Submitting a voter registration application or update form in person, through another person, or by mail at the office of the secretary of state or at the office of a board of elections. A registered elector may also change the elector's registration , including a branch office;
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1949
1950
(3) Submitting a voter registration application or update 1951
form through the online voter registration system under section 1952
3503.20 of the Revised Code; 1953
(4) Submitting a voter registration application or update 1954
form in person to the election officials on election day at any 1955
polling place where the elector is eligible to vote, in the 1956
manner provided under section 3503.16 of the Revised Code. The 1957
election officials shall return all completed forms, together 1958
with the pollbooks and tally sheets, to the board of elections. 1959
(5) In the case of a person who is eligible to vote as a 1960
uniformed services voter or an overseas voter in accordance with 1961
52 U.S.C. 20310, returning the person's completed voter 1962
registration application or update form electronically to the 1963
office of the secretary of state or to the board of elections of 1964
the county in which the person's voting residence is located 1965
pursuant to Chapter 3511. of the Revised Code. 1966
(B)(1) Any state or local office of a designated agency, a 1967
public high school or vocational school, a public library, a 1968
probate court or court of common pleas, or the office of a 1969
county treasurer shall date stamp a voter registration 1970
application or update form it receives using a date stamp that 1971
does not disclose the identity of the state or local office that 1972
receives it and shall transmit any voter registration the 1973
application or change of registration form that it receives to 1974
the board of elections of the county in which the state or local 1975
S. B. No. 153 As Introduced
office is located, within five days after receiving the voter registration application or change of registration form. The office of the registrar or any deputy registrar of motor vehicles shall date stamp a voter registration application or update form it receives using a date stamp that does not disclose the identity of the state or local office that receives it, shall transmit any electronic voter registration application or change of registration that it receives to the secretary of state within twenty-four hours after receiving it, and shall transmit any paper voter registration application or change of registration form that it receives to the board of elections of the county in which the office of the registrar or deputy registrar is located within five days after receiving the voter registration application or change of registration form, as required under section 3503.11 of the Revised Code.
(2) If the office of the secretary of state receives a registration or update form before the thirtieth day before an election, the office shall forward the form to the board of elections of the county in which the applicant resides within ten days after receiving the application. If the office of the secretary of state receives a registration or update form on or after the thirtieth day before an election, the office shall forward the registration to the board of elections of the county in which the applicant resides within thirty days after that election.
(3) If a board of elections receives a registration or update form from an applicant who resides in another county before the thirtieth day before an election, the board shall forward the form to the board of elections of the county in which the applicant resides within ten days after receiving the application. If a board of elections receives a registration or
S. B. No. 153 As Introduced
update form from an applicant who resides in another county on or after the thirtieth day before an election, the board shall forward the registration to the board of elections of the county in which the applicant resides within thirty days after that election.
(C) Except as otherwise provided in section 3503.16 of the Revised Code:
(1) An otherwise valid voter registration application that is returned to the appropriate office other than by mail must be received by a state or local office of a designated agency, the office of the registrar or any deputy registrar of motor vehicles, a public high school or vocational school, a public library, the office of a county treasurer, a probate court or court of common pleas, the office of the secretary of state, or the office of a board of elections no later than the thirtieth day preceding a primary, special, or general election for the person to qualify as an elector eligible to vote at that election. An otherwise valid registration application received after that day entitles the elector to vote at all subsequent elections.
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Any state or local office of a designated agency, the office of the registrar or any deputy registrar of motor vehicles, a public high school or vocational school, a public library, or the office of a county treasurer shall date stamp a registration application or change of name or change of address form it receives using a date stamp that does not disclose the identity of the state or local office that receives the registration.
(2) Voter registration applications, if otherwise valid, that are returned by mail to the office of the secretary of
S. B. No. 153 As Introduced
state or to the office of a board of elections must be postmarked no later than the thirtieth day preceding a primary, special, or general election in order for the person to qualify as an elector eligible to vote at that election. If an otherwise valid voter registration application that is returned by mail does not bear a postmark or a legible postmark, the registration shall be valid for that election if received by the office of the secretary of state or the office of a board of elections no later than twenty-five days preceding any special, primary, or general election.
(B)(1) (D) Any person may apply in person, by telephone, by mail, or through another person for voter registration forms to the office of the secretary of state or the office of a board of elections. An individual who is eligible to vote as a uniformed services voter or an overseas voter in accordance with 42 U.S.C. 1973ff-6 also may apply for voter registration forms by electronic means to the office of the secretary of state or to the board of elections of the county in which the person's voting residence is located pursuant to section 3503.191 of the Revised Code.
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(2)(a) An applicant may return the applicant's completed registration form in person or by mail to any state or local office of a designated agency, to a public high school or vocational school, to a public library, to the office of a county treasurer, to the office of the secretary of state, or to the office of a board of elections. An applicant who is eligible to vote as a uniformed services voter or an overseas voter in accordance with 42 U.S.C. 1973ff-6 also may return the applicant's completed voter registration form electronically to the office of the secretary of state or to the board of elections of the county in which the person's voting residence
S. B. No. 153 As Introduced
is located pursuant to section 3503.191 of the Revised Code. 2068
(b) Subject to division (B)(2)(c) of this section, an 2069
applicant may return the applicant's completed registration form 2070
through another person to any board of elections or the office 2071
of the secretary of state. 2072
(c) A person who receives compensation for registering a 207
voter shall return any registration form entrusted to that 207
person by an applicant to any board of elections or to the 207
office of the secretary of state. 207
(d) If a board of elections or the office of the secretary 2077
of state receives a registration form under division (B)(2)(b) 2078
or (c) of this section before the thirtieth day before an 2079
election, the board or the office of the secretary of state, as 2080
applicable, shall forward the registration to the board of 2081
elections of the county in which the applicant is seeking to 2082
register to vote within ten days after receiving the 2083
application. If a board of elections or the office of the 2084
secretary of state receives a registration form under division 2085
(B)(2)(b) or (c) of this section on or after the thirtieth day 2086
before an election, the board or the office of the secretary of 2087
state, as applicable, shall forward the registration to the 2088
board of elections of the county in which the applicant is 2089
seeking to register to vote within thirty days after that 2090
election. 2091
(C)(1) A board of elections that receives a voter 2092
registration application and is satisfied as to the truth of the 2093
statements made in the registration form shall register the 2094
applicant not later than twenty business days after receiving 2095
the application, unless that application is received during the 2096
thirty days immediately preceding the day of an election. The 2097
S. B. No. 153 As Introduced
board shall promptly notify the applicant in writing of each of 2098
the following: 2099
(a) The applicant's registration; 2100
(b) The precinct in which the applicant is to vote; 2101
(c) In bold type as follows: 2102
"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."
The notification shall be by nonforwardable mail. If the mail is returned to the board, it shall investigate and cause the notification to be delivered to the correct address.
(2) If, after investigating as required under division (C) (1) of this section, the board is unable to verify the voter's correct address, it shall cause the voter's name in the official registration list and in the poll list or signature pollbook to be marked to indicate that the voter's notification was returned to the board.
At the first election at which a voter whose name has been 211
so marked appears to vote, the voter shall be required to vote 211
by provisional ballot under section 3505.181 of the Revised 211
Code. If the provisional ballot is counted pursuant to division 211
(B)(3) of section 3505.183 of the Revised Code, the board shall 212
correct that voter's registration, if needed, and shall remove 212
the indication that the voter's notification was returned from 212
that voter's name on the official registration list and on the 212
poll list or signature pollbook. If the provisional ballot is 212
not counted pursuant to division (B)(4)(a)(i), (v), or (vi) of 212
section 3505.183 of the Revised Code, the voter's registration 212
S. B. No. 153 As Introduced
shall be canceled. The board shall notify the voter by United 2127
States mail of the cancellation. 2128
(3) If a notice of the disposition of an otherwise valid 2129
registration application is sent by nonforwardable mail and is 2130
returned undelivered, the person shall be registered as provided 2131
in division (C)(2) of this section and sent a confirmation 2132
notice by forwardable mail. If the person fails to respond to 2133
the confirmation notice, update the person's registration, or 2134
vote by provisional ballot as provided in division (C)(2) of 2135
this section in any election during the period of two federal 2136
elections subsequent to the mailing of the confirmation notice, 2137
the person's registration shall be canceled. 2138
Sec. 3503.20. (A) The secretary of state shall establish a 2139
secure online voter registration system. The system shall 2140
provide for all of the following: 2141
(1) An applicant to submit a voter registration 2142
application to the secretary of state online through the 2143
internet; 2144
(2) The online applicant to be registered to vote, if all 2145
of the following apply: 2146
(a) The application contains all of the following 2147
information: 2148
(i) The applicant's name; 2149
(ii) The applicant's address; 2150
(iii) The applicant's date of birth; 2151
(iv) The last four digits of the applicant's social 2152
security number; 2153
S. B. No. 153 As Introduced
| (v) The applicant's Ohio driver's license number or the 2154 number of the applicant's state identification card issued under 2155 |
| section 4507.50 of the Revised Code. 2156 |
| (b) The applicant's name, address, and date of birth, the 2157 |
| last four digits of the applicant's social security number, and 2158 |
| the applicant's Ohio driver's license number or the number of 2159 |
| the applicant's state identification card as they are provided 2160 |
| in the application are not inconsistent with the information on 2161 |
| file with the bureau of motor vehicles; 2162 |
| (c) The applicant is a United States citizen, will have 2163 |
| lived in this state for thirty days immediately preceding the 2164 |
| next election, will be at least eighteen years of age on or 2165 |
| before the day of the next general election, and is otherwise 2166 |
| eligible to register to vote; 2167 |
| (d) The applicant attests to the truth and accuracy of the 2168 |
| information submitted in the online application under penalty of 2169 |
| election falsification. 2170 |
| (B) If an individual registers to vote or a registered 2171 |
| elector updates the elector's name, address, or both under this 2172 |
| section, the secretary of state shall obtain an electronic copy 2173 |
| of the applicant's or elector's signature that is on file with 2174 |
| the bureau of motor vehicles. That electronic signature shall be 2175 |
| used as the applicant's or elector's signature on voter 2176 |
| registration records, for all election and signature-matching 2177 |
| purposes. 2178 |
| (C) The secretary of state shall employ whatever security 2179 |
| measures the secretary of state considers necessary to ensure 2180 |
| 2181 2182 |
S. B. No. 153 As Introduced
processing voter registration applications in the online system 2183
shall not prevent an applicant from becoming registered or from 2184
voting. 2185
(D) The online voter registration application established 2186
under division (A) of this section shall include both of the 2187
following: 2188
(1) An option for the voter to provide the voter's former 2189
residence address or addresses, if the voter is currently 2190
registered to vote at another address; 2191
(2) The following language: 2192
"By clicking the box below, I affirm all of the following 2193
under penalty of election falsification, which is a felony of 2194
the fifth degree: 2195
(1) (a) I am the person whose name and identifying 2196
information is provided on this form, and I desire to register 2197
to vote, or update my voter registration, in the State of Ohio. 2198
(2) (b) All of the information I have provided on this 2199
form is true and correct as of the date I am submitting this 2200
form. 2201
(3) (c) I am a United States citizen. 2202
(4) (d) I will have lived in Ohio for thirty days 2203
immediately preceding the next election. 2204
(5) (e) I will be at least eighteen years of age on or 2205
before the day of the next general election. 2206
(6) (f) I authorize the Bureau of Motor Vehicles to 2207
transmit to the Ohio Secretary of State my signature that is on 2208
file with the Bureau of Motor Vehicles, and I understand and 2209
S. B. No. 153 As Introduced
| Vehicles will be used by the Secretary of State to validate this electronic voter registration application as if I had signed | 2211 2212 | |
| this form personally. | 2213 | |
| (g) I understand that if I am registered to vote at any other address, the election officials will be notified of my | 2214 2215 | |
| change of address. | 2216 | |
| WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A | 2217 | |
| FELONY OF THE FIFTH DEGREE." | 2218 | |
| In order to register to vote or update a voter | 2219 | |
| registration under division (A) of this section, an applicant or | 2220 | |
| elector shall be required to mark the box in the online voter | 2221 | |
| registration application that appears in conjunction with the | 2222 | |
| previous statement. | 2223 | |
| (E) The online voter registration process established | 2224 | |
| under division (A)of this section shall be in operation and | 2225 | |
| available for use by individuals who wish to register to vote or | 2226 | |
| update their voter registration information online not earlier | ||
| 2227 | ||
| 2228 | ||
| day after the close of voter registration before an election and | 2229 | |
| ending on the day of the election, the online voter registration | 2230 | |
| system shall display a notice indicating that the applicant will | 2231 | |
| not be registered to vote for the purposes of that election. | ||
| 2232 | ||
| (F) Notwithstanding section l.50 of the Revised Code, if | 2233 | |
| any provision of this section or of division (E) of section | 2234 | |
| 3503.14 of the Revised Code is held invalid, or if the | 2235 | |
| application of any provision of this section or of that division |
to any person or circumstance is held invalid, then this section 22
and that division cease to operate. 22
S. B. No. 153 As Introduced
Sec. 3503.201. (A)(l) When the board of elections receives a voter registration application or a notice of change of address or change of name, if the form is complete and the board is satisfied as to the truth of the statements made in the form, the board shall register the applicant or update the applicant's registration.
(2) If the form is incomplete, the board promptly shall send the applicant a notice that specifies the information necessary to complete or update the applicant's registration.
(3) If the board determines that the applicant appears not to be eligible to vote, the board shall reject the form and refer the matter to the prosecuting attorney of the county for investigation.
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(B)(1) Except as otherwise provided in divisions (B)(2) and (3) of this section, upon registering an elector or updating an elector's registration, the board shall mark the elector's registration record, the official registration list, and the poll list or signature pollbook to indicate that the elector must vote by provisional ballot because the applicant's citizenship has not been verified.
(2) Division (B)(1) of this section does not apply to an elector if the statewide voter registration database indicates that the elector's citizenship has been verified.
(3) Division (B)(1) of this section does not prohibit a uniformed services or overseas absent voter from voting in a general election for federal office using a federal write-in absentee ballot as permitted under division (C) of section 3511.14 of the Revised Code.
(C)(1) The board shall register an applicant or update the
S. B. No. 153 As Introduced
applicant's registration under division (A)(1) of this section 2268
not later than twenty business days after receiving the 2269
application, unless that application is received during the 2270
thirty days immediately preceding the day of an election, and 2271
promptly shall send the applicant an acknowledgment notice. 2272
(2) The acknowledgment notice shall include all of the 2273
following information: 2274
(a) The fact that the elector has been registered to vote 2275
or has had the elector's registration updated, as applicable; 2276
(b) The precinct in which the elector is to vote; 2277
(c) In bold type as follows: 2278
"Voters must bring photo identification to the polls in 2279
order to verify identity. Voters who do not provide photo 2280
identification will still be able to vote by casting a 2281
provisional ballot." 2282
(d) Whether the elector's United States citizenship has 2283
been verified; 2284
(e) If the elector's United States citizenship has not 2285
been verified, the fact that the elector will be required to 2286
provide proof of citizenship to the board in order to cast a 2287
regular ballot and the manner in which the elector may do so 2288
under section 3503.202 of the Revised Code. 2289
(3) The board shall send the acknowledgment notice by 2290
nonforwardable mail. If the acknowledgment notice is returned to 2291
the board as undeliverable, it shall investigate and cause the 2292
acknowledgment notice to be delivered to the correct address. 2293
(4) If, after investigating as required under division (C) 2294
(3) of this section, the board is unable to verify the elector's 2295
S. B. No. 153 As Introduced
| correct address,it shall proceedunder ofthe Revised Code. |
| 2297 (D) Upon receiving a report from the secretary of state 2298 |
| under section 3503.152 of the Revised Code, indicating that the 2299 |
| secretary of state has verified that the applicant is a United 2300 |
| States citizen, the board shall do all of the following: 2301 |
| (l) Indicate in the elector's registration record that the 2302 |
| elector's United States citizenship has been verified; 2303 |
| (2) Remove the indication that the elector must vote by 2304 |
| provisional ballot. If the board receives the report during the 2305 |
| period beginning on the forty-sixth day before an election and 2306 |
| ending on the day before the day of the election, the board 2307 shall remove the indication as soon as possible after receiving 2308 |
| the report. 2309 |
| (3) Notify the elector, on a form prescribed by the 2310 |
| secretary of state, that the elector's United States citizenship 2311 |
| has been verified. The notice required under this division may 2312 2313 |
| be included in the acknowledgment notice described under |
| division (C)of this section if the board has not yet sent the 2314 |
| elector an acknowledgment notice. 2315 |
| Sec. 3503.202. (A)(l) When any of the following occur, the 2316 |
| boardofelectionsshallsendtheelector aconfirmationnotice 2317 |
| and, if the board's records are not already so marked, shall 2318 |
| mark the elector's registration record, the official 2319 |
| registration list, and the poll list or signature pollbook to 2320 |
| indicate that the elector must vote by provisional ballot and 2321 |
| the reason the elector must do so: 2322 |
| (a) The board determines that it is unable to verify an 2323 elector's residence address, as described in division (C)(4) of 2324 |
S. B. No. 153
| As Introduced | |
| section 3503.201 of the Revised Code. | 2325 |
| (b) The board receives a report from the secretary of | 2326 |
| 2327 | |
| indicating that the board must verify the elector's residence | 2328 |
| address, unless it is apparent to the board that the elector is | 2329 |
| a participant in the address confidentiality program described | 2330 |
| in sections 1ll.4l to 1ll.99 of the Revised Code or is a | 2331 |
| designated public service worker as described in section 149.43 | 2332 |
| of the Revised Code. | 2333 |
| Upon receiving notice in a subsequent report under this | 2334 |
| division that an elector's residence address in the records of | 2335 |
| the bureau of motor vehicles has been updated to match the | 2336 |
| elector's residence address in the voter registration record, | 2337 |
| 2338 | |
| by provisional ballot under this division and shall notify the | 2339 |
| elector, on a form prescribed by the secretary of state, that | 2340 |
| the elector's residence address has been verified. | 2341 |
| (c) The board receives a report from the secretary of | 2342 |
| state under division (E) of section 3503.151 of the Revised Code | 2343 |
| indicating that the board must verify the elector's Ohio | 2344 |
| driver's license or state identification card number. | 2345 |
| (d) The board receives a report from the secretary of | 2346 |
| state under division (E) of section 3503.15l of the Revised Code | 2347 |
| indicating that the boardmust verifythelast four digits of | 2348 |
| the elector's social security number. | 2349 |
| (e) The board receives a report from the secretary of | 2350 |
| state under section 3503.152 of the Revised Code indicating that | 2351 |
| the board must verify the elector's United States citizenship. | 2352 |
| If, within fourteen days after the confirmation notice is sent, | 2353 |
S. B. No. 153 As Introduced
the elector does not provide valid proof of citizenship to the 2354
board under division (B) or (D) of this section or cancel the 2355
elector's registration, the board shall send the elector a 2356
second confirmation notice. Upon receiving notice in a 2357
subsequent report under section 3503.152 of the Revised Code 2358
that the secretary of state has verified that the elector is a 2359
United States citizen, the board shall do all of the following: 2360
(i) Indicate in the elector's registration record that the 2361
elector's United States citizenship has been verified; 2362
(ii) Remove the indication that the elector must vote by 2363
provisional ballot under division (A)(1)(e) of this section; 2364
(iii) Notify the elector, on a form prescribed by the 2365
secretary of state, that the elector's United States citizenship 2366
has been verified. 2367
(2) A confirmation notice sent to an elector under 2368
division (A)(1) of this section shall include all of the 2369
following: 2370
(a) The information the board must verify; 2371
(b) The manner in which the elector may provide the 2372
required information to the board before the elector next 2373
appears to vote, as described in division (B) of this section, 2374
or when casting a provisional ballot, as described in division 2375
(D) of this section; 2376
(c) The date by which the elector must provide the 2377
required information to the board in order to avoid having the 2378
elector's registration canceled under division (C)(2) of section 2379
3503.152 or division (A)(7) of section 3503.21 of the Revised 2380
Code, as applicable. 2381
S. B. No. 153 As Introduced
(B) An elector whose registration record has been marked under division (A) of this section or division (B)(1) of section 3503.201 of the Revised Code to indicate that the elector must cast a provisional ballot is not required to cast a provisional ballot if, before the elector next appears to vote, the elector does the following, as applicable:
(1) Provides a valid residence address to the board, if the board must verify the elector's residence address;
(2) Provides one of the following to the board, if the board must verify the elector's Ohio driver's license or state identification card number:
(a) An Ohio driver's license or state identification card number that exists in the records of the bureau of motor vehicles and is associated with the elector's first name, last name, and date of birth, as confirmed by the secretary of state;
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(b) A correction to the elector's first name, last name, or date of birth in the elector's registration record such that the number in the elector's registration record meets the requirements of division (B)(2)(a) of this section, as confirmed by the secretary of state.
(3) Provides one of the following to the board, if the board must verify the last four digits of the elector's social security number:
(a) The last four digits of a social security number that exists in the records of the United States social security administration and is associated with the elector's first name, last name, and date of birth, as confirmed by the secretary of state;
(b) A correction to the elector's first name, last name,
S. B. No. 153 As Introduced
| or date of birth in the elector's registration record such that | 2411 |
| the last four digits of the elector's social security number in | 2412 |
| the elector's registration record meets the requirements of | 2413 |
| division(B)(3)(a)of this section,as confirmed by the secretary of state. | 2 414 2415 |
| (4) Provides proof of citizenship to the board, if the | 2416 |
| board must verify the elector's United States citizenship. The | 2417 |
| board shall transmit an electronic copy of the elector's proof | 2418 |
| of citizenship to the secretary of state in a secure manner | 2419 |
| prescribed by the secretary of state, and the secretary of state | 2420 |
| shall confirm whether the elector's proof of citizenship is | 2421 |
| Valid. | 2422 |
| (C) When the board has verified all of the information the | |
| 2423 | |
| (B) of this section, the board shall correct or update the | 2424 |
| 2425 | |
| elector's registration, as applicable, and shall remove the | 2426 |
| indication that the elector must vote by provisional ballot. | 2427 |
| (D)(l)(a) Except as otherwise provided in divisions (B) | 2428 |
| and (D)(l)(b) of this section, at the first election at which an | 2429 |
| elector whose registration record is marked to indicate that the elector must vote by provisional ballot under this section or | 2430 |
| section 3503.201 of the Revised Code appears to vote, the | 2431 |
| elector shall vote by provisional ballot. | 2432 2433 |
| (b) Division (D)(l)(a) of this section does not prohibit a uniformed services or overseas absent voter who is required to | 2434 |
| 2435 | |
| cast a provisional ballot under division (B)(l) of section | 2436 |
| 3503.20l of the Revised Code, but for no other reason, from | 2437 |
| voting in a general election for federal office using a federal | 2438 |
| write-in absentee ballot as permitted under division (C) of | 2439 |
| section 3511.14 of the Revised Code. | 2440 |
S. B. No. 153 As Introduced
(2) In order for the elector's provisional ballot to be eligible to be counted, in addition to meeting all other requirements described in division (B)(3) of section 3505.183 of the Revised Code, the elector shall provide the applicable required information as described in division (B) of this section on or attached to the provisional ballot affirmation, or shall appear in person at the office of the board within four days after the day of the election and provide that information.
(3) If the elector's provisional ballot is counted pursuant to division (B)(3) of section 3505.183 of the Revised Code and division (D)(2) of this section, the board shall correct or update the elector's registration, as applicable, and shall remove the indication that the elector must vote by provisional ballot.
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(4) If the provisional ballot is not counted pursuant to division (B)(4)(a)(i), (v), or (vi) of section 3505.183 of the Revised Code or division (D)(2) of this section, the board shall cancel the elector's registration and shall notify the elector by United States mail of the cancellation. The notice shall inform the elector that the elector may again register to vote if the elector is eligible to do so.
Sec. 3503.21. (A) The registration of a registered elector shall be canceled upon the occurrence of any of the following:
(1) The filing by a registered elector of a written request with a board of elections or the secretary of state, on a form prescribed by the secretary of state and signed by the elector, that the registration be canceled. The filing of such a request does not prohibit an otherwise qualified elector from reregistering to vote at any time.
S. B. No. 153 As Introduced
(2) The filing of a notice of the death of a registered 2470
elector as provided in section 3503.18 of the Revised Code; 2471
(3) The filing with the board of elections of a certified 2472
copy of the death certificate of a registered elector by the 2473
deceased elector's spouse, parent, or child, by the 2474
administrator of the deceased elector's estate, or by the 2475
executor of the deceased elector's will; 2476
(4) The conviction of the registered elector of a felony 2477
under the laws of this state, any other state, or the United 2478
States as provided in section 2961.01 of the Revised Code; 2479
(5) The adjudication of incompetency of the registered 2480
elector for the purpose of voting as provided in section 2481
5122.301 of the Revised Code; 2482
(6) The change of residence of the registered elector to a 2483
location outside the county of registration in accordance with 2484
division (B) of this section or as described in section 3503.33 2485
of the Revised Code; 2486
(7) The failure of the registered elector, after having 2487
been mailed a confirmation notice, to do either of the 2488
following: 2489
(a) Respond to such a notice and vote at least once during 2490
a period of four consecutive years, which period shall include 2491
two general federal elections; 2492
(b) Update the elector's registration and vote at least 2493
once during a period of four consecutive years, which period 2494
shall include two general federal elections. 2495
(8) The receipt by the board of elections of a 2496
cancellation notice or request pursuant to section 111.44 of the 2497
S. B. No. 153 As Introduced
Revised Code;
(9) The circumstances described in division (C)(2) of section 3503.152 of the Revised Code; (10) The circumstances described in division (D)(4) of section 3503.202 of the Revised Code.
(B)(1) The secretary of state shall prescribe procedures to transfer a registrant's voter registration information when the registrant moves from one county to another within this state and updates the registrant's voter registration, as described in section 3503.33 of the Revised Code, and to identify and cancel the registration in a prior county of residence of any registrant who changes the registrant's voting residence to a location outside the registrant's current county of registration without updating the registrant's voter registration. Any procedures prescribed in this division shall be uniform and nondiscriminatory, and shall comply with the Voting Rights Act of 1965. The secretary of state may prescribe procedures under this division that include the use of the national change of address service provided by the United States postal system through its licensees. Any program so prescribed shall be completed not later than ninety days prior to the date of any primary or general election for federal office.
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(2) The registration of any elector identified as having changed the elector's voting residence to a location outside the elector's current county of registration without updating the elector's registration shall not be canceled unless the registrant is sent a confirmation notice on a form prescribed by the secretary of state and the registrant fails to respond to the confirmation notice or otherwise update the registration and fails to vote in any election during the period of two federal
S. B. No. 153 As Introduced
elections subsequent to the mailing of the confirmation notice.
(C) The registration of a registered elector shall not be canceled except as provided in this section, section 111.44 or 3503.33 of the Revised Code, or division (Q) of section 3501.05 of the Revised Code, division (C)(2) of section 3503.152, division (C)(2) (D)(4) of section 3503.19 of the Revised Code 3503.202, or division (C) of section 3503.24 of the Revised Code.
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(D) Boards of elections shall send their voter registration information to the secretary of state as required under section 3503.15 of the Revised Code. The secretary of state may prescribe by rule adopted pursuant to section 111.15 of the Revised Code the format in which the boards of elections must send that information to the secretary of state. In the first quarter of each year, the secretary of state shall send the information to the national change of address service described in division (B) of this section and request that service to provide the secretary of state with a list of any voters sent by the secretary of state who have moved within the last twelve months. The secretary of state shall transmit to each appropriate board of elections whatever lists the secretary of state receives from that service. The board shall send a notice to each person on the list transmitted by the secretary of state requesting confirmation of the person's change of address, together with a postage prepaid, preaddressed return envelope containing a form on which the voter may verify or correct the change of address information.
(E) The registration of a registered elector described in division (A)(7) or (B)(2) of this section shall be canceled not later than one hundred twenty days after the date of the second
S. B. No. 153 As Introduced
| 2559 | |||
| the four-year period in which the elector fails to vote or | 2560 | ||
| respond to a confirmation notice, whichever is later. | 2561 | ||
| (F)(l) When a registration is canceled pursuant to | 2562 | ||
| division (A)(2) or (3) of this section, the applicable board of | 2563 | ||
| elections shall send a written notice, on a form prescribed by | 2564 | ||
| the secretary of state, to the address at which the elector was | 2565 | ||
| registered, informing the recipient that the elector's | 2566 | ||
| registration has been canceled, of the reason for the | 2567 | ||
| cancellation, and that if the cancellation was made in error, | 2568 | ||
| the elector may contact the board of elections to correct the | 2569 | ||
| error. | 2570 | ||
| 2571 | |||
| division (A)(2) or (3) of this section in error,it shall be | 2572 | ||
| restored and treated as though it were never canceled. | 2573 | ||
| Sec. 3503.33. If an elector applying for registration is | 2574 | ||
| 2575 | |||
| this state, the elector shall declare this fact to the | 2576 | ||
| 2577 | |||
| or transfer_the elector's previous registration on a form | 2578 | ||
| prescribed by the secretary of state. If the elector does not | 2579 | ||
| sign such an authorization, the elector's registration | 2580 | ||
| application authorizes the transfer of the elector's previous | 2581 | ||
| registration from one county to another within this state or the | 2582 | ||
| cancellation of the elector's registration in the elector's | 2583 | ||
| previous state of residence, as applicable. | 2584 | ||
| The In the case of an elector who moves from one county to | 2585 | ||
| another within this state, the director of the board of | 2586 | ||
| elections shall mail all such authorizations transmit a copy of | 2587 |
S. B. No. 153 As Introduced
the elector's new registration form and any accompanying authorization form to the board of elections or comparable agency of the proper state and county of the elector's former registration. Upon the receipt of this authorization the registration form and any accompanying authorization form from the forwarding county, the director of a the board of elections in Ohio, upon a comparison of the elector's signature with the elector's signature as it appears on the registration files, shall remove the elector's former registration from the files, transfer the information in it to the board of elections of the elector's new county, and place it with the cancellation authorization new registration form and any accompanying authorization form in a separate file which shall be kept for a period of two calendar years. The board shall notify the elector at the present address as shown on the cancellation authorization that his registration has been canceled.
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In the case of an elector who moves into this state, the director of the board of elections shall transmit a copy of the elector's new registration form and any accompanying authorization form to the chief election official of the state of the elector's former registration.
Sec. 3505.181. (A) All of the following individuals shall be permitted to cast a provisional ballot at an election:
(1) An individual who declares that the individual is a registered voter in the precinct in which the individual desires to vote and that the individual is eligible to vote in an election, but the name of the individual does not appear on the official list of eligible voters for the precinct or an election official asserts that the individual is not eligible to vote;
(2) An individual who does not have or is unable to
S. B. No. 153 As Introduced
provide photo identification to the election officials; 2618
(3) An individual whose name in the poll list or signature pollbook has been marked under section 3509.09 or 3511.13 of the Revised Code as having requested an absent voter's ballot or a uniformed services or overseas absent voter's ballot for that election and who appears to vote at the polling place;
(4) An individual whose notification of registration has been returned undelivered to the board of elections and whose name in the official registration list and in the poll list or signature pollbook has been marked under division (C)(2) of section 3503.19 3503.201 or 3503.202 of the Revised Code, except as otherwise provided in division (C) of section 3511.14 of the Revised Code;
(5) An individual who has been successfully challenged under section 3505.20 or 3513.20 of the Revised Code;
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(6) An individual who changes the individual's name and remains within the precinct without providing proof of that name change under division (B)(1)(b) of section 3503.16 of the Revised Code, moves from one precinct to another within a county, moves from one precinct to another within a county and changes the individual's name, or moves from one county to another within the state, and completes and signs the required forms and statements under as described in division (B) or (C) of section 3503.16 of the Revised Code;
(7) An individual whose signature, in the opinion of the precinct officers under section 3505.22 of the Revised Code, is not that of the person who signed that name in the registration forms.
(B) An individual who is eligible to cast a provisional
| S.B.No.153 AsIntroduced | Page 92 |
| ballot under division (A) of this section shall be permitted to | 2647 |
| cast a provisional ballot as follows: | 2648 |
| (l) An election official at the polling place shall notify | 2649 |
| the individual that the individual may cast a provisional ballot | 2650 |
| in that election. | 2651 |
| (2) Except as otherwise provided in division (F) of this | 2652 |
| section, the individual shall complete and execute a written | 2653 |
| affirmation before an election official at the polling place | 2654 |
| stating that the individual is both of the following: | 2655 |
| (a) A registered voter in the precinct in which the | 2656 |
| individual desires to vote; | 2657 |
| (b) Eligible to vote in that election. | 2658 |
| (3) An election official at the polling place shall | 2659 |
| transmit the ballot cast by the individual and the voter | 2660 |
| information contained in the written affirmation executed by the | 2661 |
| individual under division (B)(2) of this Section to an | 2662 |
| appropriate local election official for verification under | 2663 |
| division (B)(4) of this section. | 2664 |
| (4) If the appropriate local election official to whom the | 2665 |
| ballot or voter or address information is transmitted under | 2666 |
| 2667 | |
| is eligible to vote, the individual's provisional ballot shall | 2668 |
| be counted as a vote in that election. | 2669 |
| (5)(a) At the time that an individual casts a provisional | 2670 |
| ballot, the appropriate local election official shall give the | 2671 |
| individual written information that states that any individual | 2672 |
| who casts a provisional ballot will be able to ascertain under | 2673 |
| the system established under division (B)(5)(b) of this section | 2674 |
| whether the vote was counted, and, if the vote was not counted, | 2675 |
S. B. No. 153
| AsIntroduced | ||
| the reason that the vote was not counted. | 2676 | |
| (b) The appropriate state or local election official shall | 2677 | |
| establish a free access system, in the form of a toll-free | 2678 | |
| telephone number, that any individual who casts a provisional | 2679 | |
| ballot may access to discover whether the vote of that | 2680 | |
| individual was counted, and, if the vote was not counted, the | 2681 | |
| reason that the vote was not counted. The free access system | 2682 | |
| established under this division also shall provide to an | 2683 | |
| individual whose provisional ballot was not counted information | 2684 | |
| 2685 | ||
| elections to register to vote or to resolve problems with the | 2686 | |
| individual's voter registration. | 2687 | |
| The appropriate state or local election official shall | 2688 | |
| 2689 | ||
| protect the security, confidentiality, and integrity of personal | 2690 | |
| information collected, stored, or otherwise used by the free | 2691 | |
| access system established under this division. The system shall | 2692 | |
| o oo | 2693 | |
| the individual's own provisional ballot. | 2694 | |
| (6) If, at the time that an individual casts a provisional | 2695 | |
| ballot, the individual provides photo identification, the | 2696 | |
| individual shall record the type of identification provided on | 2697 | |
| the provisional ballot affirmation and, if the individual | 2698 | |
| provides an Ohio driver's license, state identification card, or | 2699 | |
| interim identification document, the individual also shall write | 2700 | |
| the individual's driver's license or state identification card | 2701 | |
| number on the provisional ballot affirmation. | 2702 | |
| (7)(a) For a provisional ballot to be eligible to be | 2703 | |
| counted when it is cast by an individual who does not have photo | 2704 | |
| identification because the individual has a religious objection | 2705 |
S. B. No. 153 As Introduced
to being photographed, the individual shall complete an 2706
affidavit of religious objection under section 3505.19 of the 2707
Revised Code. The election officials shall attach the affidavit 2708
to the individual's provisional ballot envelope. If the 2709
individual does not complete the affidavit at the time of 2710
casting the provisional ballot, the individual may appear at the 2711
office of the board of elections within four days after the day 2712
of the election and complete the affidavit. 2713
(b) For a provisional ballot to be eligible to be counted when it is cast by any other individual who does not have or is unable to provide photo identification to the election officials, the individual who cast that ballot, within four days after the day of the election, shall appear at the office of the board of elections and provide photo identification.
(8) For a provisional ballot cast by an individual who has been successfully challenged under section 3505.20 of the Revised Code to be eligible to be counted, the individual who cast that ballot, within four days after the day of that election, shall provide to the board of elections any identification or other documentation required to be provided by the applicable challenge questions asked of that individual under section 3505.20 of the Revised Code.
(C)(1) If an individual declares that the individual is eligible to vote in a precinct other than the precinct in which the individual desires to vote, or if, upon review of the precinct voting location guide using the residential street address provided by the individual, an election official at the precinct at which the individual desires to vote determines that the individual is not eligible to vote in that precinct, the election official shall direct the individual to the precinct
S. B. No. 153 As Introduced
and polling place in which the individual appears to be eligible 2736
to vote, explain that the individual may cast a provisional 2737
ballot at the current location but the ballot or a portion of 2738
the ballot will not be counted if it is cast in the wrong 2739
precinct, and provide the telephone number of the board of 2740
elections in case the individual has additional questions. 2741
(2) If the individual refuses to travel to the correct 274
precinct or to the office of the board of elections to cast a 274
ballot, the individual shall be permitted to vote a provisional 274
ballot at that precinct in accordance with division (B) of this 274
section. If the individual is in the correct polling location 274
for the precinct in which the individual is registered and 274
eligible to vote, the election official shall complete and sign, 274
under penalty of election falsification, a form that includes 274
all of the following, and attach the form to the individual's 275
provisional ballot affirmation: 275
(a) The name or number of the individual's correct 2752
precinct; 2753
(b) A statement that the election official instructed the 2754
individual to travel to the correct precinct to vote; 2755
(c) A statement that the election official informed the 2756
individual that casting a provisional ballot in the wrong 2757
precinct would result in all or a portion of the votes on the 2758
ballot being rejected; 2759
(d) The name or number of the precinct in which the 2760
individual is casting a provisional ballot; and 2761
(e) The name of the polling location in which the 2762
individual is casting a provisional ballot. 2763
(D) The appropriate local election official shall cause 2764
S. B. No. 153 As Introduced
voting information to be publicly posted at each polling place 2765
on the day of each election. 2766
(E) As used in this section and sections 3505.182 and 2767
3505.183 of the Revised Code: 2768
(1) "Precinct voting location guide" means either of the 2769
following: 2770
(a) An electronic or paper record that lists the correct 2771
precinct and polling place for either each specific residential 2772
street address in the county or the range of residential street 2773
addresses located in each neighborhood block in the county; 2774
(b) Any other method that a board of elections creates 2775
that allows a precinct election official or any elector who is 2776
at a polling place in that county to determine the correct 2777
precinct and polling place of any qualified elector who resides 2778
in the county. 2779
(2) "Voting information" means all of the following: 2780
(a) A sample version of the ballot that will be used for 2781
that election; 2782
(b) Information regarding the date of the election and the 2783
hours during which polling places will be open; 2784
(c) Instructions on how to vote, including how to cast a 2785
vote and how to cast a provisional ballot; 2786
(d) Instructions for mail-in registrants and first-time 2787
voters under applicable federal and state laws; 2788
(e) General information on voting rights under applicable 2789
federal and state laws, including information on the right of an 2790
individual to cast a provisional ballot and instructions on how 2791
S. B. No. 153 As Introduced
| to contact the appropriate officials if these rights are alleged 2792 to have been violated; |
| 2793 |
| (f) General information on federal and state laws 2794 |
| 2795 misrepresentation. 2796 |
| (F) Nothing in this section or section 3505.183 of the 2797 |
| 2798 |
| Code, which permits a blind, disabled, or illiterate elector to 2799 |
| receive assistance in the marking of the elector's ballot by two 2800 precinct election officials of different political parties. A 2801 |
| blind, disabled, or illiterate elector may receive assistance in 2802 |
| marking that elector's provisional ballot and in completing the 2803 |
| required affirmation in the same manner as an elector may 2804 |
| receive assistance on the day of an election under that section. 2805 |
| Sec. 3505.182. Each individual who Casts a provisional 2806 |
| ballot under section 3505.181 of the Revised Code shall execute 2807 a written affirmation. The form of the written affirmation shall |
| 2808 |
| be printed upon the face of the provisional ballot envelope and 2809 shall be as follows: 2810 |
| "Provisional Ballot Affirmation 2811 (A) Clearly print your full name: 2812 |
| (B) Write your date of birth: 2813 |
| (C)(l) Write your current address: 2814 |
| 2815 |
| (2) Have you moved without updating your voter 2816 registration?: 2817 Yes No 2818 |
S. B. No. 153 As Introduced
| If yes, write your former address: | 2819 | |
| 2820 | ||
| Failure to provide your former address will not cause your | 2821 | |
| provisional ballot to be rejected. | 2822 | |
| (D)(l) You must show photo identification to the election | 2823 | |
| official that includes your name and photograph and is not | 2824 | |
| expired. Check the type of photo identification you provided: | 2825 | |
| An Ohio driver's license or state identification | 2826 | |
| card or an interim identification form issued by the Bureau of | 2827 | |
| Motor Vehicles. If you showed your Ohio driver's license or | 2828 | |
| 2829 | ||
| write your full driver's license or state identification card | 2830 | |
| number: | 2831 | |
| A United States passport or passport card; | 2832 | |
| national guard identification card, or United States department | A United States military identification card, Ohio | 2833 2834 |
| of veterans affairs identification card. | 2835 | |
| (2) If you do not have photo identification because you | 2836 | |
| affidavit of religious objection. The precinct election official | have a religious objection to being photographed, complete an | 2837 |
| will attach it to the provisional ballot envelope. | 2838 2839 | |
| (3) If you did not show photo identification to the | 2840 | |
| election official or complete an affidavit of religious | 2841 | |
| objection, you must appear at the office of the board of | 2842 | |
| elections during the four days after the election and provide | 2843 | |
| photo identification or complete an affidavit of religious | 2844 | |
| objection for your vote to be eligible to be counted. | 2845 | |
| (4) Hf Complete this section if you need to update your | 2846 |
S. B. No. 153 As Introduced
voter registration, you may provide additional information below. This information will not be used for ballot counting purposes or if you need to verify the identification you used to register to vote. If you need to verify your identification and you do not provide the needed information on this form, you must provide the information to the board of elections on or before the fourth day following this election in order for your ballot to be eligible to be counted.
Write your full Ohio driver's license or state identification card number:
Write the last four digits of your Social Security number:
2847
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(5) If you are casting a provisional ballot because you need to provide proof of citizenship, either write your full Ohio driver's license or state identification card number above or attach proof of citizenship to the outside of this envelope. If you do not provide proof of citizenship at this time, you must provide proof of citizenship to the board of elections on or before the fourth day following this election in order for your ballot to be eligible to be counted.
"Proof of citizenship" means evidence that you are a United States citizen, in the form of one of the following: (a) The number of your current or expired Ohio driver's license or state identification card or a copy of the front and back of your current or expired Ohio driver's license, state identification card, or interim identification form, if you have submitted documentation to the bureau of motor vehicles indicating that you are a United States citizen;
(b) A copy of the front and back of a current or expired
S. B. No. 153 As Introduced
driver's license or nondriver identification card issued by 2876
another state within the United States, if the issuing agency 2877
indicates on the license or card that you are a United States 2878
citizen; 2879
(c) A copy of a birth certificate, certification of report 2880
of birth, or consular report of birth abroad; 2881
(d) A copy of the identification page of a current or 2882
expired United States passport; 2883
(e) A copy of the front and back of a United States 2884
passport card; 2885
(f) A copy of a certificate of naturalization or 2886
certificate of citizenship. 2887
If the name on your proof of citizenship is different from 2888
your current legal name, you must also provide proof of your 2889
change of name, such as a copy of a marriage license or court 2890
order. 2891
(E) If your right to vote has been challenged, you must 2892
provide any required additional information to the board of 2893
elections on or before the seventh fourth day following this 2894
election. 2895
(F) Sign and date the following statement: 2896
I solemnly swear or affirm that I am a citizen of the United States; that I will be at least 18 years of age at the time of the general election; that I have lived in this state for 30 days immediately preceding this election in which I am voting this ballot; that I am a registered voter in the precinct in which I am voting this provisional ballot; and that I am eligible to vote in the election in which I am voting this
2897
2898
2899
2900
2901
2902
2903
S. B. No. 153 As Introduced
provisional ballot; and that I will not vote or attempt to vote at any other location or in any other manner for this particular election.
I understand that, if the information I provide on this provisional ballot affirmation is not fully completed and correct, if the board of elections determines that I am not registered to vote, a resident of this precinct, or eligible to vote in this election, or if the board of elections determines that I have already voted in this election, my provisional ballot will not be counted. I understand that, if I am not currently registered to vote or if I am not registered at my current address or under my current name, this form will serve as an application to register to vote or update my registration for future elections, as long as I provide all of the information required to register to vote or update my registration. I further understand that knowingly providing false information is a violation of law and subjects me to possible criminal prosecution.
2904
2905
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2907
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2909
2910
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2917
2918
2919
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2922
2923
2924
2925
2926
2927
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2929
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2931
I hereby declare, under penalty of election falsification, that the above statements are true and correct to the best of my knowledge and belief.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE."
In addition to any information required to be included on
S. B. No. 153 As Introduced
the written affirmation, an individual casting a provisional ballot may provide additional information to the election official to assist the board of elections in determining the individual's eligibility to vote in that election, including the date and location at which the individual registered to vote, if known.
If the individual provided all of the information required under section 3503.14 of the Revised Code to register to vote or to update the individual's registration on the provisional ballot affirmation, the board of elections shall consider the individual's provisional ballot affirmation to also serve as a notice of change of name, change of residence, or both, or as a voter registration form, as applicable, for that individual only for the purposes of future elections.
2932
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2961
Sec. 3505.183. (A) When the ballot boxes are delivered to the board of elections from the precincts, the board shall separate the provisional ballot envelopes from the rest of the ballots. Teams of employees of the board consisting of one member of each major political party shall place the sealed provisional ballot envelopes in a secure location within the office of the board. The sealed provisional ballot envelopes shall remain in that secure location until the validity of those ballots is determined under division (B) of this section. While the provisional ballot is stored in that secure location, and prior to the counting of the provisional ballots, if the board receives information regarding the validity of a specific provisional ballot under division (B) of this section, the board may note, on the sealed provisional ballot envelope for that ballot, whether the ballot is valid and entitled to be counted.
(B)(1) To determine whether a provisional ballot is valid
S. B. No. 153 As Introduced
and entitled to be counted, the board shall examine its records 2962
and determine whether the individual who cast the provisional 2963
ballot is registered and eligible to vote in the applicable 2964
election. The board shall examine the information contained in 2965
the written affirmation executed by the individual who cast the 2966
provisional ballot under division (B)(2) of section 3505.181 of 2967
the Revised Code or under section 3511.052 of the Revised Code, 2968
as applicable. The following information shall be included in 2969
the written affirmation in order for the provisional ballot to 2970
be eligible to be counted: 2971
(a) The individual's printed name, signature, date of 2972
birth, and current address; 2973
(b) A statement that the individual is a registered voter 2974
in the precinct in which the provisional ballot is being voted; 2975
(c) A statement that the individual is eligible to vote in 2976
the election in which the provisional ballot is being voted. 2977
(2) In addition to the information required to be included 2978
in an affirmation under division (B)(1) of this section, in 2979
determining whether a provisional ballot is valid and entitled 2980
to be counted, the board also shall examine any additional 2981
information for determining ballot validity provided by the 2982
provisional voter on the affirmation, provided by the 2983
provisional voter to an election official under section 3505.182 2984
or 3511.052 of the Revised Code, or provided to the board of 2985
elections during the four days after the day of the election 2986
under division (B)(7) or (8) of section 3505.181 or 3511.052 of 2987
the Revised Code, to assist the board in determining the 2988
individual's eligibility to vote. 2989
(3) If, in examining a provisional ballot affirmation and 2990
S. B. No. 153 As Introduced
| section and comparing the information required under division (B)(l) of this section with the individual's information in the statewide voter registration database, the board determines that shall be opened, and the ballot shall be placed in a ballot box to be counted: |
S. B. No. 153 As Introduced
| provided the individual's driver's license number or state | 3020 | |
| identification card number and the number is not different from | 3021 | |
| the individual's driver's license number or state identification | 3022 | |
| card number contained in the statewide voter registration | 3023 | |
| database. | 3024 | |
| (ii) The individual completed an affidavit of religious | 3025 | |
| objection under section 3505.19 of the Revised Code at the time | 3026 | |
| of casting the provisional ballot or at the office of the board | 3027 | |
| within four days after the day of the election and the affidavit | 3028 | |
| is valid under that section. | 3029 | |
| (e) Except as otherwise provided in this division, the | 3030 | |
| month and day of the individual's date of birth are not | 3031 | |
| different from the day and month of the individual's date of | 3032 | |
| birth contained in the statewide voter registration database. | 3033 | |
| This division does not apply to an individual's | 3034 | |
| provisional ballot if either of the following is true: | 3035 | |
| (i) The individual's date of birth contained in the | 3036 | |
| statewide voter registration database is January l, l8o0. | 3037 | |
| (ii) The board of elections has found, by a vote of at | 3038 | |
| least three of its members, that the individual has met all | 3039 | |
| other requirements of division (B)(3) of this section. | 3040 | |
| (f) The individual's current address is not different from the individual's address contained in the statewide voter | 3041 | |
| registration database, unless the individual indicated that the | 3042 | |
| 3043 | ||
| individual is casting a provisional ballot because the | 3044 | |
| individual has moved and has not submitted a notice of change of | 3045 | |
| address, as described in division (A)(6) of section 3505.181 of | 3046 | |
| the Revised Code. | 3047 | |
| (g) If applicable, the individual provided any additional | 3048 |
S. B. No. 153 As Introduced
information required under division (B)(8) of section 3505.181 3049
of the Revised Code within four days after the day of the 3050
election. 3051
(h) If applicable, the individual provided the information 3052
required under division (D)(2) of section 3503.202 of the 3053
Revised Code on the provisional ballot affirmation or within 3054
four days after the day of the election. 3055
(4)(a) Except as otherwise provided in division (D) of 3056
this section, if, in examining a provisional ballot affirmation 3057
and additional information under divisions (B)(1) and (2) of 3058
this section and comparing the information required under 3059
division (B)(1) of this section with the individual's 3060
information in the statewide voter registration database, the 3061
board determines that any of the following applies, the 3062
provisional ballot envelope shall not be opened, and the ballot 3063
shall not be counted: 3064
(i) The individual named on the affirmation is not 3065
qualified or is not properly registered to vote. 3066
(ii) The individual named on the affirmation is not 3067
eligible to cast a ballot in the precinct or for the election in 3068
which the individual cast the provisional ballot. 3069
(iii) The individual did not provide all of the 3070
information required under division (B)(1) of this section in 3071
the affirmation that the individual executed at the time the 3072
individual cast the provisional ballot. 3073
(iv) The individual has already cast a ballot for the 3074
election in which the individual cast the provisional ballot. 3075
(v) If applicable, the individual did not provide any 3076
additional information required under division (B)(8) of section 3077
S. B. No. 153 As Introduced
3505.181 of the Revised Code within four days after the day of 3078
the election. 3079
(vi) The individual failed to provide show photo 3080
identification, failed to provide the individual's driver's 3081
license or state identification card number if the individual 3082
provided showed photo identification in the form of an Ohio 3083
driver's license or state identification card or an interim 3084
identification form, failed to provide a copy of the 3085
individual's photo identification with the individual's 3086
provisional uniformed services or overseas absent voter's ballot 3087
or to provide that copy to the board of elections within four 3088
days after the day of the election, or failed to complete an 3089
affidavit of religious objection. 3090
(vii) The individual failed to execute an affirmation 3091
under division (B) of section 3505.181 of the Revised Code. 3092
(viii) The individual provided showed photo identification 3093
in the form of an Ohio driver's license or state identification 3094
card or an interim identification form and the driver's license 3095
number or state identification card number the individual 3096
provided is different from the individual's driver's license 3097
number or state identification card number contained in the 3098
statewide voter registration database. 3099
(ix) The individual completed an affidavit of religious 3100
objection under section 3505.19 of the Revised Code, but the 3101
affidavit is not valid under that section. 3102
(x) Except as otherwise provided in this division, the 3103
month and day of the individual's date of birth are different 3104
from the day and month of the individual's date of birth 3105
contained in the statewide voter registration database. 3106
S. B. No. 153 Page 108
As Introduced
This division does not apply to an individual's 3107
provisional ballot if either of the following is true: 3108
(I) The individual's date of birth contained in the 3109
statewide voter registration database is January 1, 1800. 3110
(II) The board of elections has found, by a vote of at 3111
least three of its members, that the individual has met all of 3112
the requirements of division (B)(3) of this section, other than 3113
the requirements of division (B)(3)(e) of this section. 3114
(xi) The individual's current address is different from 3115
the individual's address contained in the statewide voter 3116
registration database, unless the individual indicated that the 3117
individual is casting a provisional ballot because the 3118
individual has moved and has not submitted a notice of change of 3119
address, as described in division (A)(6) of section 3505.181 of 3120
the Revised Code. 3121
(xii) If applicable, the individual did not provide the 3122
information required under division (D)(2) of section 3503.202 3123
of the Revised Code on the provisional ballot affirmation or 3124
within four days after the day of the election. 3125
(b) If, in examining a provisional ballot affirmation and 3126
additional information under divisions (B)(1) and (2) of this 3127
section and comparing the information required under division 3128
(B)(1) of this section with the individual's information in the 3129
statewide voter registration database, the board is unable to 3130
determine either of the following, the provisional ballot 3131
envelope shall not be opened, and the ballot shall not be 3132
counted: 3133
(i) Whether the individual named on the affirmation is 3134
qualified or properly registered to vote; 3135
S. B. No. 153 As Introduced
(ii) Whether the individual named on the affirmation is eligible to cast a ballot in the precinct or for the election in which the individual cast the provisional ballot.
(C) For each provisional ballot rejected under division (B)(4) of this section, the board shall record the name of the provisional voter who cast the ballot, the identification number of the provisional ballot envelope, the names of the election officials who determined the validity of that ballot, the date and time that the determination was made, and the reason that the ballot was not counted, unless the board has already recorded that information in another database.
3136
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3141
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3163
3164
3165
(D)(1) If an individual cast a provisional ballot in a precinct in which the individual is not registered and eligible to vote, but in the correct polling location for the precinct in which the individual is registered and eligible to vote, and the election official failed to direct the individual to the correct precinct, the individual's ballot shall be remade under division (D)(2) of this section. The election official shall be deemed to have directed the individual to the correct precinct if the election official correctly completed the form described in division (C)(2) of section 3505.181 of the Revised Code.
(2) A board of elections that remakes a provisional ballot under division (D)(1) of this section shall remake the provisional ballot on a ballot for the appropriate precinct to reflect the offices, questions, and issues for which the individual was eligible to cast a ballot and for which the individual attempted to cast a provisional ballot. The remade ballot shall be counted for each office, question, and issue for which the individual was eligible to vote.
(3) If an individual cast a provisional ballot in a
S. B. No. 153 As Introduced
precinct in which the individual is not registered and eligible to vote and in the incorrect polling location for the precinct in which the individual is registered and eligible to vote, the provisional ballot envelope shall not be opened, and the ballot shall not be counted.
(E) Provisional ballots that are rejected under division (B)(4) of this section shall not be counted but shall be preserved in their provisional ballot envelopes unopened until the time provided by section 3505.31 of the Revised Code for the destruction of all other ballots used at the election for which ballots were provided, at which time they shall be destroyed.
(F) Provisional ballots that the board determines are eligible to be counted under division (B)(3) or (D) of this section shall be counted in the same manner as provided for other ballots under section 3505.27 of the Revised Code. No provisional ballots shall be counted in a particular county until the board determines the eligibility to be counted of all provisional ballots cast in that county under division (B) of this section for that election. Observers, as provided in section 3505.21 of the Revised Code, may be present at all times that the board is determining the eligibility of provisional ballots to be counted and counting those provisional ballots determined to be eligible. No person shall recklessly disclose the count or any portion of the count of provisional ballots in such a manner as to jeopardize the secrecy of any individual ballot.
(G)(1) Except as otherwise provided in division (G)(2) of 3192
this section, nothing in this section shall prevent a board of 3193
elections from examining provisional ballot affirmations and 3194
additional information under divisions (B)(1) and (2) of this 3195
S. B. No. 153 As Introduced
section to determine the eligibility of provisional ballots to 3196
be counted during the seven days after the day of an election. 3197
(2) A board of elections shall not examine the provisional 3198
ballot affirmation and additional information under divisions 3199
(B)(1) and (2) of this section of any provisional ballot cast by 3200
an individual who must provide photo identification, complete an 3201
affidavit of religious objection, or provide additional 3202
information to the board of elections under division (B)(7) or 3203
(8) of section 3505.181 or 3511.052 of the Revised Code for the 3204
board to determine the individual's eligibility until the 3205
individual does so or until the eighth day after the day of the 3206
election, whichever is earlier. 3207
Sec. 3505.20. Any person offering to vote may be challenged at the polling place by any precinct election official. If the board of elections has ruled on the question presented by a challenge prior to election day, its finding and decision shall be final, and the voting location manager shall be notified in writing. If the board has not ruled, the question shall be determined as set forth in this section. If any person is so challenged as unqualified to vote, the voting location manager shall tender the person the following oath: "You do swear or affirm under penalty of election falsification that you will fully and truly answer all of the following questions put to you concerning your qualifications as an elector at this election."
3208
3209
3210
3211
3212
3213
3214
3215
3216
3217
3218
3219
3220
3221
3222
3223
3224
(A) If the person is challenged as unqualified on the
ground that the person is not a United States citizen, the
precinct election officials shall put the following questions: (1) Are you a citizen of the United States?
S. B. No. 153 As Introduced
(2) Are you a native or naturalized citizen? 3225
(3) Where were you born? 3226
(4) What official documentation do Do you possess to prove 3227
proof of your United States citizenship? Please provide that 3228
documentation. 3229
If the person offering to vote claims to be a naturalized 3230
citizen of the United States, the person shall, before the vote 3231
is received, produce produces proof of citizenship for 3232
inspection of the precinct election officials a certificate of 3233
naturalization , other than the number of the person's Ohio 3234
driver's license or state identification card, and declare 3235
declares under oath that the person is the identical person 3236
named in the certificate. If the person states under oath that, 3237
by reason of the naturalization of the person's parents or one 3238
of them, the person has become a citizen of the United States, 3239
and when or where the person's parents were naturalized, the 3240
certificate of naturalization need not be producedthe person 3241
shall be permitted to cast a regular ballot. If the person is 3242
unable to provide a certificate of naturalization proof of 3243
citizenship, other than the number of the person's Ohio driver's 3244
license or state identification card, on the day of the 3245
election, the precinct election officials shall provide to the 3246
person, and the person may vote, a provisional ballot under 3247
section 3505.181 of the Revised Code. The provisional ballot 3248
shall not be counted unless it is properly completed and the 3249
board of elections determines that the voter is properly 3250
registered and eligible to vote in the election. 3251
(B) If the person is challenged as unqualified on the 3252
ground that the person has not resided in this state for thirty 3253
days immediately preceding the election, the precinct election 3254
S. B. No. 153 As Introduced
fficials shall put the following questions: 3255
(1) Have you resided in this state for thirty days 3256
immediately preceding this election? If so, where have you 3257
resided? 3258
(2) Did you properly register to vote? 3259
(3) Can you provide some form of identification containing 3260
your current mailing address in this precinct? Please provide 3261
that identification. 3262
(4) Have you voted or attempted to vote at any other 3263
location in this or in any other state at this election? 3264
(5) Have you applied for an absent voter's ballot in any 3265
state for this election? 3266
If the precinct election officials are unable to verify 3267
the person's eligibility to cast a ballot in the election, the 3268
precinct election officials shall provide to the person, and the 3269
person may vote, a provisional ballot under section 3505.181 of 3270
the Revised Code. The provisional ballot shall not be counted 3271
unless it is properly completed and the board of elections 3272
determines that the voter is properly registered and eligible to 3273
vote in the election. 3274
(C) If the person is challenged as unqualified on the 3275
ground that the person is not a resident of the precinct where 3276
the person offers to vote, the precinct election officials shall 3277
put the following questions: 3278
(1) Do you reside in this precinct? 3279
(2) When did you move into this precinct? 3280
(3) When you came into this precinct, did you come for a 3281
S. B. No. 153 As Introduced
temporary purpose merely or for the purpose of making it your 3282
home? 3283
(4) What is your current mailing address? 3284
(5) Do you have some official identification containing 3285
your current address in this precinct? Please provide that 3286
identification. 3287
(6) Have you voted or attempted to vote at any other 3288
location in this or in any other state at this election? 3289
(7) Have you applied for any absent voter's ballot in any 3290
state for this election? 3291
who is not in the appropriate polling place to the appropriate polling place. If the individual refuses to go to the in the election, the precinct election officials shall provide to the person, and the person may vote, a provisional ballot under section 3505.181 of the Revised Code. The provisional the board of elections determines that the voter is properly registered and eligible to vote in the election.
The precinct election officials shall direct an individual 3292
3293
3294
appropriate polling place, or if the precinct election officials 3295
are unable to verify the person's eligibility to cast a ballot 3296
3297
3298
3299
ballot shall not be counted unless it is properly completed and 3300
3301
3302
(D) If the person is challenged as unqualified on the 3303
ground that the person is not of legal voting age, the precinct 3304
3305
3306
3307
(3) Do you have some official identification verifying 3308
3309
election officials shall put the following questions:
(1) Are you eighteen years of age or more? (2) What is your date of birth? your age? Please provide that identification.
S. B. No. 153 As Introduced
If the precinct election officials are unable to verify 3310
the person's age and eligibility to cast a ballot in the 3311
election, the precinct election officials shall provide to the 3312
person, and the person may vote, a provisional ballot under 3313
section 3505.181 of the Revised Code. The provisional ballot 3314
shall not be counted unless it is properly completed and the 3315
board of elections determines that the voter is properly 3316
registered and eligible to vote in the election. 3317
The voting location manager shall put such other questions to the person challenged as are necessary to determine the person's qualifications as an elector at the election. If a person challenged refuses to answer fully any question put to the person, is unable to answer the questions as they were answered on the registration form by the person under whose name the person offers to vote, or refuses to sign the person's name or make the person's mark, or if for any other reason a majority of the precinct election officials believes the person is not entitled to vote, the precinct election officials shall provide to the person, and the person may vote, a provisional ballot under section 3505.181 of the Revised Code. The provisional ballot shall not be counted unless it is properly completed and the board of elections determines that the voter is properly registered and eligible to vote in the election.
A qualified citizen who has certified the citizen's 3333
intention to vote for president and vice-president as provided 3334
by Chapter 3504. of the Revised Code shall be eligible to 3335
receive only the ballot containing presidential and vice- 3336
presidential candidates. 3337
However, not later than the thirtieth day before the day of an election and in accordance with section 3503.24 of the
S. B. No. 153 As Introduced
Revised Code, any person qualified to vote may challenge the right of any other person to be registered as a voter, or the right to cast an absent voter's ballot, or to make application for such ballot. Such challenge shall be made in accordance with section 3503.24 of the Revised Code, and the board of elections of the county in which the voting residence of the challenged voter is situated shall make a final determination relative to the legality of such registration or application.
Sec. 3509.02. (A) Any qualified elector may vote by cast absent voter's ballots by mail at an election, unless the elector is required to cast a provisional ballot under section 3505.181 of the Revised Code.
(B) Any qualified elector who is required to cast a provisional ballot under section 3505.181 of the Revised Code may cast a provisional ballot in person at the office of the board of elections during the time for in-person absent voting under section 3509.051 of the Revised Code.
3340
3341
3342
3343
3344
3345
3346
3347
3348
3349
3350
3351
3352
3353
3354
3355
3356
3357
3358
3359
3360
3361
3362
3363
3364
3365
3366
3367
3368
3369
(C) Any qualified elector who is unable to appear at the office of the board of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location on account of personal illness, physical disability, or infirmity, and who moves from one precinct to another within a county, changes the elector's name and moves from one precinct to another within a county, or moves from one county to another county within the state, on or prior to the day of a general, primary, or special election and has not filed a notice of change of residence or change of name who is located in the county in which the elector resides and would be eligible to cast absent voter's ballots with the assistance
S. B. No. 153 As Introduced
of two election officials under section 3509.08 of the Revised 3370
Code, but is required to cast a provisional ballot under section 3371
3505.181 of the Revised Code, may vote by absent voter's ballots 3372
in that election cast a provisional ballot as specified in 3373
division (G) (E) of section 3503.16 3509.08 of the Revised Code. 3374
Sec. 3509.03. (A) Except as otherwise provided in sections 3375
3509.051, 3511.02, and 3511.021 of the Revised Code, any 3376
qualified elector desiring to vote absent voter's ballots at an 3377
election shall deliver a written application for those ballots, 3378
either in person or by mail, to the board of elections of the 3379
county in which the elector's voting residence is located. 3380
(B) Except as otherwise permitted under section 3511.02 of 3381
the Revised Code and under division (C) of this section, the 3382
application shall be on a form prescribed by the secretary of 3383
state and shall contain all of the following: 3384
(1) The elector's name; 3385
(2) The elector's signature; 3386
(3) The address at which the elector is registered to 3387
vote; 3388
(4) The elector's date of birth; 3389
(5) One of the following: 3390
(a) The elector's Ohio driver's license or state 3391
identification card number; 3392
(b) The or, if the elector does not have an Ohio driver's 3393
license or state identification card, the last four digits of 3394
the elector's social security number; 3395
(c) A or a copy of the elector's photo identification.; 3396
S. B. No. 153 As Introduced
(6) A statement identifying the election for which absent 3397
voter's ballots are requested; 3398
(7) A statement that the person requesting the ballots is 3399
a qualified elector; 3400
(8) If the request is for primary election ballots, the 3401
elector's party affiliation; 3402
(9) If the elector desires ballots to be mailed to the 3403
elector, the address to which those ballots shall be mailed. 3404
(C) If the elector has a confidential voter registration 3405
record, as described in section 111.44 of the Revised Code, the 3406
elector may provide the elector's program participant 3407
identification number instead of the address at which the 3408
elector is registered to vote. 3409
(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 3420
Revised Code, no public office, and no public official or 3421
employee who is acting in an official capacity, shall do either 3422
of the following: 3423
(1) Prepay the return postage for an application for 3424
absent voter's ballots; 3425
S. B. No. 153 As Introduced
| (2) Mail or otherwise deliver an unsolicited application for absent voter's ballots to any person. | 3426 3427 | |||
| (F)(l) Except as otherwise provided in division (F)(2) of | 3428 | |||
| this section and in sections 3505.24 and 3509.08 of the Revised | 3429 | |||
| 3430 | ||||
| application for absent voter's ballots on behalf of an | 3431 | |||
| applicant. | 3432 | |||
| 3433 | ||||
| (2) The secretary of state or a board of elections may | ||||
| 3434 | ||||
| for absent voter's ballots before mailing that application to | 3435 | |||
| the applicant, except that if the applicant has a confidential | 3436 | |||
| 3437 | ||||
| elections shall not preprint the applicant's address on the application. | 3438 3439 | |||
| (3)) A completed application for absent voter's ballots is not valid if any portion of it has been completed by any person | 3440 3441 | |||
| other than the applicant in violation of division (F) of this | ||||
| section. | 3442 | |||
| 3443 | ||||
| Sec. 3509.04. (A) If a board of elections receives an | 3444 | |||
| application for absent voter's ballots that does not contain all | 3445 | |||
| of the required information or is not submitted on an | 3446 | |||
| appropriate form, the board promptly shall notify the applicant | 3447 | |||
| 3448 | ||||
| applicant to complete that application, direct the applicant to | 3449 | |||
| use an appropriate form, or both, as applicable. | 3450 | |||
| (B) Upon receipt by the board of elections of an | 3451 | |||
| application for absent voter's ballots that contains all of the | 3452 | |||
| required information and is submitted on an appropriate form, as | 3453 | |||
| 3454 | ||||
S. B. No. 153 As Introduced
of the Revised Code, the board, if the board finds that the 3455
applicant is a qualified elector, shall deliver to the applicant 3456
in person or mail directly to the applicant by special delivery 3457
mail, air mail, or regular mail, postage prepaid, proper absent 3458
voter's ballots. The board shall deliver or mail with the 3459
ballots an unsealed identification envelope upon the face of 3460
which shall be printed a form substantially as follows: 3461
"Identification Envelope Statement of Voter 3462
I, (Name of voter), declare under 3463
penalty of election falsification that the within ballot or 3464
ballots contained no voting marks of any kind when I received 3465
them, and I caused the ballot or ballots to be marked, enclosed 3466
in the identification envelope, and sealed in that envelope. 3467
My voting residence in Ohio is
(Street and Number, if any, or Rural Route and Number) of (City, Village, or Township) Ohio, which is in Ward Precinct in that city, village, or township.
If I have a confidential voter registration record, I am providing my program participant identification number instead of my residence address:
3468
3469
3470
3471
3472
3473
3474
3475
3476
3477
3478
3479
3480
3481
3482
The primary election ballots, if any, within this envelope are primary election ballots of the Party.
Ballots contained within this envelope are to be voted at the (general, special, or primary) election to be held on the day of
S. B. No. 153 As Introduced
| My date of birth is | (Month and Day), | 3483 |
| (Year). | 3484 | |
| (Voter must provide one of the following:) | 3485 | |
| My Ohio driver's license or state identification card | 3486 | |
| number is | (Driver's license or state | 3487 |
| identification card number). | 3488 | |
| (If the voter does not have an Ohio driver's license or state identification card, the voter must provide one of the | 3489 | |
| following:) | 3490 3491 | |
| The last four digits of my Social Security Number are (Last four digits of Social Security Number). | 3492 | |
| 3493 | ||
| In lieu of providing a driver's license or state | 3494 | |
| Security Number, I am enclosing a copy of my photo | 3495 | |
| identification in the return envelope in which this | 3496 | |
| identification envelope will be mailed. | 3497 3498 | |
| that the statements above are true, as I verily believe. | I hereby declare, under penalty of election falsification, | 3499 |
| 3500 | ||
| 3501 | ||
| (Signature of Voter) | 3502 | |
| 3503 | ||
| THE FIFTH DEGREE." | 3504 | |
| (C)(l)_The board shall mail with the ballots and the | ||
| unsealed identification envelope an unsealed return envelope | 3505 3506 | |
| upon the face of which shall be printed the post-office address | 3507 | |
| 3508 |
S. B. No. 153 As Introduced
voter may write the voter's name and return address. The return 3510
envelope shall be of such size that the identification envelope 3511
can be conveniently placed within it for returning the 3512
identification envelope to the board. 3513
(2) The board shall include on the return envelope a bar 3514
code associated with the intelligent mail bar code tracing 3515
service offered by the United States postal service, or a 3516
marking associated with a successor mail tracing service offered 3517
by the United States postal service, that permits the board to 3518
perform origin tracing on the return envelope to determine when 3519
the return envelope was submitted to the United States postal 3520
service for mailing. The board shall obtain any necessary 3521
equipment or software needed to perform origin tracing under 3522
division (E)(2) of section 3509.05 of the Revised Code. 3523
(D) No public office, and no public official or employee 3524
who is acting in an official capacity, shall prepay the return 3525
postage for any absent voter's ballots. 3526
(E) Except as otherwise provided in this section and in 3527
sections 3505.24 and 3509.08 of the Revised Code, an election 3528
official shall not fill out any portion of an identification 3529
envelope statement of voter or an absent voter's ballot on 3530
behalf of an elector. A board of elections may preprint only an 3531
elector's name and address on an identification envelope 3532
statement of voter before mailing absent voter's ballots to the 3533
elector, except that if the elector has a confidential voter 3534
registration record, as described in section 111.44 of the 3535
Revised Code, the board of elections shall not preprint the 3536
elector's address on the identification envelope statement of 3537
voter. 3538
Sec. 3509.05. (A) When an elector receives an absent 3539
S. B. No. 153 As Introduced
voter's ballot pursuant to the elector's application or request, 3540
the elector shall, before placing any marks on the ballot, note 3541
whether there are any voting marks on it. If there are any 3542
voting marks, the ballot shall be returned immediately to the 3543
board of elections; otherwise, the elector shall cause the 3544
ballot to be marked, folded in a manner that the stub on it and 3545
the indorsements and facsimile signatures of the members of the 3546
board of elections on the back of it are visible, and placed and 3547
sealed within the identification envelope received from the 3548
board of elections for that purpose. Then, the elector shall 3549
cause the statement of voter on the outside of the 3550
identification envelope to be completed and signed, under 3551
penalty of election falsification. 3552
(B) The elector shall provide one of the following: 3553
(1) The elector's Ohio driver's license or state 3554
identification card number on the statement of voter on the 3555
identification envelope; 3556
(2) The last four digits of the elector's social security 3557
number on the statement of voter on the identification envelope; 3558
(3) A copy of the elector's photo identification in the 3559
return envelope with the identification envelope. 3560
(C)(1) The elector shall mail the identification envelope 3561
to the office of the board of elections in the return envelope, 3562
postage prepaid, or the elector or the elector's assistant may 3563
personally deliver it the identification envelope in the return 3564
envelope to the office of the board, or the spouse of the 3565
elector, the father, mother, father-in-law, mother-in-law, 3566
grandfather, grandmother, brother, or sister of the whole or 3567
half blood, or the son, daughter, adopting parent, adopted 3568
S. B. No. 153 As Introduced
child, stepparent, stepchild, uncle, aunt, nephew, or niece of 3569
the elector may deliver it to the office of the board in 3570
accordance with division (D) of this section. The return 3571
envelope shall be returned by no other person, in no other 3572
manner, and to no other location, except as otherwise provided 3573
in section 3509.08 of the Revised Code. 3574
(2) If the board maintains multiple offices in the county, as permitted under division (C) of section 3501.10 of the Revised Code, the board may designate any of its offices for the return of absent voter's ballots under this section, provided that the board shall designate only one office to which absent voter's ballots shall be returned under this section.
(3)(a) The board of elections may place not more than one secure receptacle outside the office of the board, on the property on which the office of the board is located, for the purpose of receiving absent voter's ballots under this section.
(b) A secure receptacle shall be open to receive ballots only during the period beginning on the first day after the close of voter registration before the election and ending at seven-thirty p.m. on the day of the election. The receptacle shall be open to receive ballots at all times during that period.
(c) A secure receptacle shall be monitored by recorded 35
video surveillance at all times. The video recordings are a 35
public record. The board shall do one of the following: 35
(i) Make the video recordings available for inspection upon request in accordance with section 149.43 of the Revised Code.
(ii) Make each day's video recording available to the
S. B. No. 153 As Introduced
public on the internet for streaming or download without charge 3598
within seventy-two hours after the recording ends and make the 3599
video recordings available to the public upon request in 3600
accordance with section 149.43 of the Revised Code. 3601
(d) Only a bipartisan team of election officials may open a secure receptacle or handle its contents. A bipartisan team of election officials shall collect the contents of each secure receptacle and deliver them to the board for processing at least once each day and at seven-thirty p.m. on the day of the election. If, at seven-thirty p.m. on the day of the election, there are persons waiting in line to deposit absent voter's ballots in a receptacle, those persons shall be permitted to deposit the ballots.
(4)(a) During the period beginning on the forty-fifth day before election day and ending on the day after election day, on each day the office of the board of elections is open for business, the board shall report to the secretary of state all of the following information concerning the previous business day:
(i) The number of return envelopes purporting to contain 3617
absent voter's ballots or uniformed services or overseas absent 3618
voter's ballots the board received by personal delivery, other 3619
than to a receptacle described in division (C)(3) of this 3620
section; 3621
(ii) If the board has placed a secure receptacle outside 3622
the office of the board under division (C)(3) of this section, 3623
the number of return envelopes purporting to contain absent 3624
voter's ballots or uniformed services or overseas absent voter's 3625
ballots the board received in the receptacle. 3626
S. B. No. 153 As Introduced
(b) As soon as practicable after receiving a report under 3627
division (C)(4)(a) of this section, the secretary of state shall 3628
make the information in the report available to the public on 3629
the secretary of state's official web site. 3630
(D)(1) An elector may personally deliver the elector's marked absent voter's ballots to the office of the board by hand-delivering the ballots to the election officials at the office of the board or at a designated location on, or adjacent to, the property on which the office of the board is located.
(2) An elector's assistant may personally deliver the elector's marked absent voter's ballots to the office of the board by hand-delivering the ballots to the election officials at the office of the board or at a designated location on, or adjacent to, the property on which the office of the board is located. Except as otherwise permitted under division (D)(3) of this section, the assistant shall be the elector's spouse, father, mother, father-in-law, mother-in-law, grandfather, grandmother, brother or sister of the whole or half blood, son, daughter, adopting parent, adopted child, stepparent, stepchild, uncle, aunt, nephew, or niece. The assistant shall complete a delivery attestation, which the election officials shall attach to the ballot return envelope. The attestation shall be made under penalty of election falsification, on a form prescribed by the secretary of state, and shall include all of the following:
3631
3632
3633
3634
3635
3636
3637
3638
3639
3640
3641
3642
3643
3644
3645
3646
3647
3648
3649
3650
3651
3652
3653
3654
3655
(a) The assistant's name; (b) The elector's name; (c) An affirmation that the assistant is delivering the elector's ballots at the elector's request; (d) An affirmation that the assistant is the elector's
S. B. No. 153 As Introduced
spouse, father, mother, father-in-law, mother-in-law, 3656
grandfather, grandmother, brother or sister of the whole or half 3657
blood, son, daughter, adopting parent, adopted child, 3658
stepparent, stepchild, uncle, aunt, nephew, or niece; 3659
(e) The assistant's signature; (f) The date the assistant delivers the ballots. (3) If an elector requires assistance to vote by reason of
a disability, the elector's assistant instead may be any person
of the elector's choice, other than the elector's employer, an