SB 260

As Introduced
136th General Assembly
   Regular Session  S. B. No. 260
       2025-2026
  Senator Reynolds
  To amend sections 3501.01, 3503.09, 3503.10,  1
  3503.11, 3503.14, 3503.15, 3503.153, 3503.16,  2
  3503.19, 3503.20, 3503.23, 3503.28, 3505.181,  3
  3509.02, 3509.03, 3509.04, 3509.08, 3513.041,  4
  3513.05, 3513.07, 3513.18, 3513.19, 3513.191,  5
  3513.257, 3517.012, 3517.013, and 3599.12; to  6
  enact section 3503.071; and to repeal section  7
  3513.20 of the Revised Code to permit an elector  8
  to change party affiliation through the voter  9
  registration process and to name this act the  10
  Voter Registration Modernization Act.  11
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 3501.01, 3503.09, 3503.10,  12
3503.11, 3503.14, 3503.15, 3503.153, 3503.16, 3503.19, 3503.20,  13
3503.23, 3503.28, 3505.181, 3509.02, 3509.03, 3509.04, 3509.08,  14
3513.041, 3513.05, 3513.07, 3513.18, 3513.19, 3513.191,  15
3513.257, 3517.012, 3517.013, and 3599.12 be amended and section  16
3503.071 of the Revised Code be enacted to read as follows:  17
     Sec. 3501.01. As used in the sections of the Revised Code  18
relating to elections and political communications:  19
     (A) "General election" means the election held on the  20
S. B. No. 260  Page 2
As Introduced
first Tuesday after the first Monday in each November.  21
        (B) "Regular municipal election" means the election held  22
on the first Tuesday after the first Monday in November in each  23
odd-numbered year.  24
        (C) "Regular state election" means the election held on  25
the first Tuesday after the first Monday in November in each  26
even-numbered year.  27
        (D) "Special election" means any election other than those  28
elections defined in other divisions of this section. A special  29
election may be held only on the first Tuesday after the first  30
Monday in May or November, on the first Tuesday after the first  31
Monday in August in accordance with section 3501.022 of the  32
Revised Code, or on the day authorized by a particular municipal  33
or county charter for the holding of a primary election, except  34
that in any year in which a presidential primary election is  35
held, no special election shall be held in May, except as  36
authorized by a municipal or county charter, but may be held on  37
the third Tuesday after the first Monday in March.  38
        (E)(1) "Primary" or "primary election" means an election  39
held for the purpose of nominating persons as candidates of  40
political parties for election to offices, and for the purpose  41
of electing persons as members of the controlling committees of  42
political parties and as delegates and alternates to the  43
conventions of political parties. Primary elections shall be  44
held on the first Tuesday after the first Monday in May of each  45
year except in years in which a presidential primary election is  46
held.  47
        (2) "Presidential primary election" means a primary  48
election as defined by division (E)(1) of this section at which  49
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As Introduced
an election is held for the purpose of choosing delegates and  50
alternates to the national conventions of the major political  51
parties pursuant to section 3513.12 of the Revised Code. Unless  52
otherwise specified, presidential primary elections are included  53
in references to primary elections. In years in which a  54
presidential primary election is held, all primary elections  55
shall be held on the third Tuesday after the first Monday in  56
March except as otherwise authorized by a municipal or county  57
charter.  58
       (F) "Political party" means any group of voters meeting  59
the requirements set forth in section 3517.01 of the Revised  60
Code for the formation and existence of a political party.  61
       (1) "Major political party" means any political party  62
organized under the laws of this state whose candidate for  63
governor or nominees for presidential electors received not less  64
than twenty per cent of the total vote cast for such office at  65
the most recent regular state election.  66
       (2) "Minor political party" means any political party  67
organized under the laws of this state that meets either of the  68
following requirements:  69
       (a) Except as otherwise provided in this division, the  70
political party's candidate for governor or nominees for  71
presidential electors received less than twenty per cent but not  72
less than three per cent of the total vote cast for such office  73
at the most recent regular state election. A political party  74
that meets the requirements of this division remains a political  75
party for a period of four years after meeting those  76
requirements.  77
       (b) The political party has filed with the secretary of  78
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As Introduced
state, subsequent to its failure to meet the requirements of  79
division (F)(2)(a) of this section, a petition that meets the  80
requirements of section 3517.01 of the Revised Code.  81
       A newly formed political party shall be known as a minor  82
political party until the time of the first election for  83
governor or president which occurs not less than twelve months  84
subsequent to the formation of such party, after which election  85
the status of such party shall be determined by the vote for the  86
office of governor or president.  87
       (G) "Dominant party in a precinct" or "dominant political  88
party in a precinct" means that political party whose candidate  89
for election to the office of governor at the most recent  90
regular state election at which a governor was elected received  91
more votes than any other person received for election to that  92
office in such precinct at such election.  93
       (H) "Candidate" means any qualified person certified in  94
accordance with the provisions of the Revised Code for placement  95
on the official ballot of a primary, general, or special  96
election to be held in this state, or any qualified person who  97
claims to be a write-in candidate, or who knowingly assents to  98
being represented as a write-in candidate by another at either a  99
primary, general, or special election to be held in this state.  100
       (I) "Independent candidate" means any candidate who claims  101
is not to be affiliated with a political party, and whose name  102
has been certified on the office-type ballot at a general or  103
special election through the filing of a statement of candidacy  104
and nominating petition, as prescribed in section 3513.257 of  105
the Revised Code.  106
       (J) "Nonpartisan candidate" means any candidate whose name  107
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As Introduced
is required, pursuant to section 3505.04 of the Revised Code, to  108
be listed on the nonpartisan ballot, including all candidates  109
for judge of a municipal court, county court, or court of common  110
pleas, for member of any board of education, for municipal or  111
township offices in which primary elections are not held for  112
nominating candidates by political parties, and for offices of  113
municipal corporations having charters that provide for separate  114
ballots for elections for these offices.  115
        (K) "Party candidate" means any candidate who claims to be  116
a member of is affiliated with a political party and who has  117
been certified to appear on the office-type ballot at a general  118
or special election as the nominee of a political party because  119
the candidate has won the primary election of the candidate's  120
party for the public office the candidate seeks, has been  121
nominated under section 3517.012, or is selected by party  122
committee in accordance with section 3513.31 of the Revised  123
Code.  124
        (L) "Officer of a political party" includes, but is not  125
limited to, any member, elected or appointed, of a controlling  126
committee, whether representing the territory of the state, a  127
district therein, a county, township, a city, a ward, a  128
precinct, or other territory, of a major or minor political  129
party.  130
        (M) "Question or issue" means any question or issue  131
certified in accordance with the Revised Code for placement on  132
an official ballot at a general or special election to be held  133
in this state.  134
        (N) "Elector" or "qualified elector" means a person having  135
the qualifications provided by law to be entitled to vote.  136
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       (O) "Voter" means an elector who votes at an election.  137
       (P) "Voting residence" means that place of residence of an  138
elector which shall determine the precinct in which the elector  139
may vote.  140
       (Q) "Precinct" means a district within a county  141
established by the board of elections of such county within  142
which all qualified electors having a voting residence therein  143
may vote at the same polling place.  144
       (R) "Polling place" means that place provided for each  145
precinct at which the electors having a voting residence in such  146
precinct may vote.  147
       (S) "Board" or "board of elections" means the board of  148
elections appointed in a county pursuant to section 3501.06 of  149
the Revised Code.  150
       (T) "Political subdivision" means a county, township,  151
city, village, or school district.  152
       (U) "Election officer" or "election official" means any of  153
the following:  154
       (1) Secretary of state;  155
       (2) Employees of the secretary of state serving the  156
division of elections in the capacity of attorney,  157
administrative officer, administrative assistant, elections  158
administrator, office manager, or clerical supervisor;  159
       (3) Director of a board of elections;  160
       (4) Deputy director of a board of elections;  161
       (5) Member of a board of elections;  162
       (6) Employees of a board of elections;  163
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       (7) Precinct election officials;  164
       (8) Employees appointed by the boards of elections on a  165
temporary or part-time basis.  166
       (V) "Acknowledgment notice" means a notice sent by a board  167
of elections, on a form prescribed by the secretary of state,  168
informing a voter registration applicant or an applicant who  169
wishes to change the applicant's residence or name of the status  170
of the application; the information necessary to complete or  171
update the application, if any; and if the application is  172
complete, the precinct in which the applicant is to vote.  173
       (W) "Confirmation notice" means a notice sent by a board  174
of elections, on a form prescribed by the secretary of state, to  175
a registered elector to confirm the registered elector's current  176
address.  177
       (X) "Designated agency" means an office or agency in the  178
state that provides public assistance or that provides state-  179
funded programs primarily engaged in providing services to  180
persons with disabilities and that is required by the National  181
Voter Registration Act of 1993 to implement a program designed  182
and administered by the secretary of state for registering  183
voters, or any other public or government office or agency that  184
implements a program designed and administered by the secretary  185
of state for registering voters, including the department of job  186
and family services, the program administered under section  187
3701.132 of the Revised Code by the department of health, the  188
department of mental health and addiction services, the  189
department of developmental disabilities, the opportunities for  190
Ohioans with disabilities agency, and any other agency the  191
secretary of state designates. "Designated agency" does not  192
include public high schools and vocational schools, public  193
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As Introduced
libraries, or the office of a county treasurer.  194
       (Y) "National Voter Registration Act of 1993" means the  195
"National Voter Registration Act of 1993," 107 Stat. 77, 42  196
U.S.C.A. 1973gg.  197
       (Z) "Voting Rights Act of 1965" means the "Voting Rights  198
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.  199
       (AA)(1) "Photo identification" means one of the following  200
documents that includes the individual's name and photograph and  201
is not expired:  202
       (a) An Ohio driver's license, state identification card,  203
or interim identification form issued by the registrar of motor  204
vehicles or a deputy registrar under Chapter 4506. or 4507. of  205
the Revised Code;  206
       (b) A United States passport or passport card;  207
       (c) A United States military identification card, Ohio  208
national guard identification card, or United States department  209
of veterans affairs identification card.  210
       (2) A "copy" of an individual's photo identification means  211
images of both the front and back of a document described in  212
division (AA)(1) of this section, except that if the document is  213
a United States passport, a copy of the photo identification  214
means an image of the passport's identification page that  215
includes the individual's name, photograph, and other  216
identifying information and the passport's expiration date.  217
       (BB) "Driver's license" means a license or permit issued  218
by the registrar or a deputy registrar under Chapter 4506. or  219
4507. of the Revised Code that authorizes an individual to  220
drive. "Driver's license" includes a driver's license,  221
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As Introduced
commercial driver's license, probationary license, restricted  222
license, motorcycle operator's license, or temporary instruction  223
permit identification card. "Driver's license" does not include  224
a limited term license issued under section 4506.14 or 4507.09  225
of the Revised Code.  226
        (CC) "State identification card" means a card issued by  227
the registrar or a deputy registrar under sections 4507.50 to  228
4507.52 of the Revised Code.  229
        (DD) "Interim identification form" means the document  230
issued by the registrar or a deputy registrar to an applicant  231
for a driver's license or state identification card that  232
contains all of the information otherwise found on the license  233
or card and that an applicant may use as a form of  234
identification until the physical license or card arrives in the  235
mail.  236
        Sec. 3503.071. (A)(1) An elector's political party  237
affiliation shall be determined based on the most recent of the  238
following:  239
        (a) The elector's affiliation with a currently recognized  240
political party or the elector's unaffiliated status, as  241
indicated on the elector's most recent voter registration  242
application or voter registration update form as processed under  243
divisions (B)(2) and (3) of this section;  244
        (b) The ballot the elector most recently cast at a primary  245
election in this state held on or after May 3, 2022. If the  246
elector cast the ballot of a currently recognized political  247
party, the elector is affiliated with that party. If the elector  248
cast an issues-only ballot, the elector is unaffiliated.  249
        (2) If an elector has not indicated an affiliation with a  250
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currently recognized political party on a voter registration  251
application or voter registration update form and has not cast  252
the ballot of a currently recognized political party at a  253
primary election in this state held on or after May 3, 2022, the  254
elector is unaffiliated.  255
       (B)(1) Each voter registration application and voter  256
registration update form prescribed by the secretary of state  257
shall include all of the following:  258
       (a) A list of the political parties that are recognized in  259
this state, accompanied by boxes for the applicant to check to  260
select a party with which the applicant wishes to be affiliated;  261
       (b) A space for the applicant to write the name of a  262
recognized political party that is not listed on the form, if  263
the applicant wishes to be affiliated with that party;  264
       (c) A box for the applicant to check to indicate that the  265
applicant does not wish to be affiliated with any political  266
party;  267
       (d) A notice that the applicant may select or write the  268
name of only one recognized political party and that the  269
applicant is not required to select a political party.  270
       (2) An applicant who submits a voter registration  271
application or update form shall be considered unaffiliated if  272
either of the following apply:  273
       (a) The applicant indicates on the application or form  274
that the applicant does not wish to be affiliated with any  275
political party.  276
       (b) The applicant is not currently affiliated with a  277
political party, does not select or write the name of a  278
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recognized political party, and does not indicate that the  279
applicant does not wish to be affiliated with any political  280
party.  281
       (3) An applicant who submits a voter registration update  282
form shall remain affiliated with the applicant's current  283
political party if the applicant currently is affiliated with a  284
political party, does not select or write the name of a  285
recognized political party, and does not indicate that the  286
applicant does not wish to be affiliated with any political  287
party.  288
       Sec. 3503.09. (A)(1) The secretary of state shall adopt  289
rules for the electronic transmission by boards of elections,  290
designated agencies, public high schools and vocational schools,  291
public libraries, and offices of county treasurers, where  292
applicable, of name and residence changes for voter registration  293
records in the statewide voter registration databaseupdate  294
forms.  295
       (2) The secretary of state shall adopt rules for the  296
purpose of improving the speed of processing new voter  297
registrations that permit information from a voter registration  298
application received by a designated agency to be made available  299
electronically, in addition to requiring the original voter  300
registration application to be transmitted to the applicable  301
board of elections under division (E)(2) of section 3503.10 of  302
the Revised Code.  303
       (B) Rules adopted under division (A) of this section shall  304
do all of the following:  305
       (1) Prohibit any direct electronic connection between a  306
designated agency, public high school or vocational school,  307
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public library, or office of a county treasurer and the  308
statewide voter registration database;  309
       (2) Require any updated voter registration information to  310
be verified by the secretary of state or a board of elections  311
before the information is added to the statewide voter  312
registration database for the purpose of modifying an existing  313
voter registration;  314
       (3) Require each designated agency that transmits voter  315
registration information electronically to transmit an  316
identifier for data relating to each new voter registration that  317
shall be used by the secretary of state or a board of elections  318
to match the electronic data to the original voter registration  319
application.  320
       Sec. 3503.10. (A) Each designated agency shall designate  321
one person within that agency to serve as coordinator for the  322
voter registration program within the agency and its  323
departments, divisions, and programs. The designated person  324
shall be trained under a program designed by the secretary of  325
state and shall be responsible for administering all aspects of  326
the voter registration program for that agency as prescribed by  327
the secretary of state. The designated person shall receive no  328
additional compensation for performing such duties.  329
       (B) Every designated agency, public high school and  330
vocational school, public library, and office of a county  331
treasurer shall provide in each of its offices or locations  332
voter registration applications and assistance in the  333
registration of persons qualified to register to vote, in  334
accordance with this chapter.  335
       (C) Every designated agency shall distribute to its  336
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As Introduced
applicants, prior to or in conjunction with distributing a voter  337
registration application, a form prescribed by the secretary of  338
state that includes all of the following:  339
       (1) The question, "Do you want to register to vote or  340
update your current voter registration?"--followed by boxes for  341
the applicant to indicate whether the applicant would like to  342
register or decline to register to vote, and the statement,  343
highlighted in bold print, "If you do not check either box, you  344
will be considered to have decided not to register to vote at  345
this time.";  346
       (2) If the agency provides public assistance, the  347
statement, "Applying to register or declining to register to  348
vote will not affect the amount of assistance that you will be  349
provided by this agency.";  350
       (3) The statement, "If you would like help in filling out  351
the voter registration application form, we will help you. The  352
decision whether to seek or accept help is yours. You may fill  353
out the application form in private.";  354
       (4) The statement, "If you believe that someone has  355
interfered with your right to register or to decline to register  356
to vote, your right to privacy in deciding whether to register  357
or in applying to register to vote, or your right to choose your  358
own political party or other political preference, you may file  359
a complaint with the prosecuting attorney of your county or with  360
the secretary of state," with the address and telephone number  361
for each such official's office.  362
       (D) Each designated agency shall distribute a voter  363
registration form prescribed by the secretary of state to each  364
applicant with each application for service or assistance, and  365
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with each written application or form for recertification,  366
renewal, or change of address.  367
       (E) Each designated agency shall do all of the following:  368
       (1) Have employees trained to administer the voter  369
registration program in order to provide to each applicant who  370
wishes to register to vote and who accepts assistance, the same  371
degree of assistance with regard to completion of the voter  372
registration application as is provided by the agency with  373
regard to the completion of its own form;  374
       (2) Accept completed voter registration applications, and  375
voter registration change of residence forms, and voter  376
registration change of name update forms, regardless of whether  377
the application or form was distributed by the designated  378
agency, for transmittal to the office of the board of elections  379
in the county in which the agency is located. Each designated  380
agency and the appropriate board of elections shall establish a  381
method by which the voter registration applications and other  382
voter registration forms are transmitted to that board of  383
elections within five days after being accepted by the agency.  384
       (3) If the designated agency is one that is primarily  385
engaged in providing services to persons with disabilities under  386
a state-funded program, and that agency provides services to a  387
person with disabilities at a person's home, provide the  388
services described in divisions (E)(1) and (2) of this section  389
at the person's home;  390
       (4) Keep as confidential, except as required by the  391
secretary of state for record-keeping purposes, the identity of  392
an agency through which a person registered to vote or updated  393
the person's voter registration records, and information  394
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relating to a declination to register to vote made in connection  395
with a voter registration application issued by a designated  396
agency.  397
       (F) The secretary of state shall prepare and transmit  398
written instructions on the implementation of the voter  399
registration program within each designated agency, public high  400
school and vocational school, public library, and office of a  401
county treasurer. The instructions shall include directions as  402
follows:  403
       (1) That each person designated to assist with voter  404
registration maintain strict neutrality with respect to a  405
person's political philosophies, a person's right to register or  406
decline to register, and any other matter that may influence a  407
person's decision to register or not register to vote;  408
       (2) That each person designated to assist with voter  409
registration not seek to influence a person's decision to  410
register or not register to vote, not display or demonstrate any  411
political preference or party allegiance, and not make any  412
statement to a person or take any action the purpose or effect  413
of which is to lead a person to believe that a decision to  414
register or not register has any bearing on the availability of  415
services or benefits offered, on the grade in a particular class  416
in school, or on credit for a particular class in school;  417
       (3) Regarding when and how to assist a person in  418
completing the voter registration application, what to do with  419
the completed voter registration application or voter  420
registration update form, and when the application must be  421
transmitted to the appropriate board of elections;  422
       (4) Regarding what records must be kept by the agency and  423
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where and when those records should be transmitted to satisfy  424
reporting requirements imposed on the secretary of state under  425
the National Voter Registration Act of 1993;  426
       (5) Regarding whom to contact to obtain answers to  427
questions about voter registration forms and procedures.  428
       (G) If the voter registration activity is part of an in-  429
class voter registration program in a public high school or  430
vocational school, whether prescribed by the secretary of state  431
or independent of the secretary of state, the board of education  432
shall do all of the following:  433
       (1) Establish a schedule of school days and hours during  434
these days when the person designated to assist with voter  435
registration shall provide voter registration assistance;  436
       (2) Designate a person to assist with voter registration  437
from the public high school's or vocational school's staff;  438
       (3) Make voter registration applications and materials  439
available, as outlined in the voter registration program  440
established by the secretary of state pursuant to section  441
3501.05 of the Revised Code;  442
       (4) Distribute the statement, "applying to register or  443
declining to register to vote, or registering as affiliated with  444
a particular political party or registering to vote and  445
remaining unaffiliated, will not affect or be a condition of  446
your receiving a particular grade in or credit for a school  447
course or class, participating in a curricular or  448
extracurricular activity, receiving a benefit or privilege, or  449
participating in a program or activity otherwise available to  450
pupils enrolled in this school district's schools.";  451
       (5) Establish a method by which the voter registration  452
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application and other voter registration forms are transmitted  453
to the board of elections within five days after being accepted  454
by the public high school or vocational school.  455
       (H) Any person employed by the designated agency, public  456
high school or vocational school, public library, or office of a  457
county treasurer may be designated to assist with voter  458
registration pursuant to this section. The designated agency,  459
public high school or vocational school, public library, or  460
office of a county treasurer shall provide the designated  461
person, and make available such space as may be necessary,  462
without charge to the county or state.  463
       (I) The secretary of state shall prepare and cause to be  464
displayed in a prominent location in each designated agency a  465
notice that identifies the person designated to assist with  466
voter registration, the nature of that person's duties, and  467
where and when that person is available for assisting in the  468
registration of voters.  469
       A designated agency may furnish additional supplies and  470
services to disseminate information to increase public awareness  471
of the existence of a person designated to assist with voter  472
registration in every designated agency.  473
       (J) This section does not limit any authority a board of  474
education, superintendent, or principal has to allow, sponsor,  475
or promote voluntary election registration programs within a  476
high school or vocational school, including programs in which  477
pupils serve as persons designated to assist with voter  478
registration, provided that no pupil is required to participate.  479
       (K) Each public library and office of the county treasurer  480
shall establish a method by which voter registration forms are  481
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transmitted to the board of elections within five days after  482
being accepted by the public library or office of the county  483
treasurer.  484
       (L) The department of job and family services and its  485
departments, divisions, and programs shall limit administration  486
of the aspects of the voter registration program for the  487
department to the requirements prescribed by the secretary of  488
state and the requirements of this section and the National  489
Voter Registration Act of 1993.  490
       Sec. 3503.11. (A)(1) When any person applies for a  491
driver's license, commercial driver's license, a state of Ohio  492
identification card issued under section 4507.50 of the Revised  493
Code, or motorcycle operator's license or endorsement, or the  494
renewal or duplicate of any license or endorsement under Chapter  495
4506. or 4507. of the Revised Code, and the person presents  496
proof of United States citizenship to the registrar of motor  497
vehicles or the deputy registrar or has previously presented  498
proof of United States citizenship to the registrar or any  499
deputy registrar, the registrar or deputy registrar shall offer  500
the applicant the opportunity to register to vote or to update  501
the applicant's voter registration by electronic means in  502
conjunction with the person's transaction with the registrar or  503
deputy registrar, in a manner prescribed by the secretary of  504
state.  505
       (2) When any person submits a notice of change of address  506
to the registrar under division (C) of section 4507.09 of the  507
Revised Code, the registrar shall offer the applicant the  508
opportunity to submit a notice of change of address for voter  509
registration purposes update form by electronic means in  510
conjunction with the person's transaction with the registrar, in  511
S. B. No. 260  Page 19
As Introduced
a manner prescribed by the secretary of state.  512
       (3) When a person registers to vote or updates the  513
person's voter registration under division (A)(1) or (2) of this  514
section, the registrar or deputy registrar shall electronically  515
transmit the person's signature that is on file with the bureau  516
of motor vehicles with the electronic record of the voter  517
registration or update, and that signature shall be considered  518
the person's signature on the voter registration or update and  519
for all other election and signature-matching purposes.  520
       (B) Within twenty-four hours after a person registers to  521
vote or updates the person's voter registration under division  522
(A) of this section, the registrar or deputy registrar shall  523
transmit the electronic record of the voter registration or  524
update to the secretary of state by electronic means in a manner  525
prescribed by the secretary of state by rule. Rules adopted  526
under this division shall do all of the following:  527
       (1) Prohibit any direct electronic connection between the  528
office of the registrar or a deputy registrar and the statewide  529
voter registration database;  530
       (2) Require any voter registration information to be  531
verified by the secretary of state or a board of elections  532
before the information is added to the statewide voter  533
registration database;  534
       (3) Require the registrar or deputy registrar to  535
electronically date stamp each electronic record in a manner  536
that does not disclose the identity of the office that receives  537
the voter registration or update.  538
       (C)(1) The registrar of motor vehicles and each deputy  539
registrar also shall make available to all other customers paper  540
S. B. No. 260  Page 20
As Introduced
voter registration applications and update forms, but are not  541
required to offer assistance to customers in completing those  542
forms. The bureau of motor vehicles shall supply all of its  543
deputy registrars with a sufficient number of voter registration  544
applications and update forms.  545
       (2) Within five days after a person submits a completed  546
paper voter registration application or update form to the  547
registrar or a deputy registrar, the registrar or deputy  548
registrar shall send the form to the board of elections of the  549
county in which the office of the registrar or deputy registrar  550
is located.  551
       (D) The registrar shall collect from each deputy registrar  552
through the reports filed under division (J) of section 4503.03  553
of the Revised Code and transmit to the secretary of state  554
information on the number of voter registration applications and  555
change of residence or change of name voter registration update  556
forms completed or declined, and any additional information  557
required by the secretary of state to comply with the National  558
Voter Registration Act of 1993. No information relating to an  559
applicant's decision to decline to register or update the  560
applicant's voter registration at the office of the registrar or  561
deputy registrar may be used for any purpose other than voter  562
registration record-keeping required by the secretary of state,  563
and all such information shall be kept confidential.  564
       Sec. 3503.14. (A)(A)(1) The secretary of state shall  565
prescribe the form and content of the voter registration, change  566
of residence, and change of name voter registration update forms  567
used in this state. The forms shall meet the requirements of the  568
National Voter Registration Act of 1993 and shall include spaces  569
for all of the following:  570
S. B. No. 260  Page 21
As Introduced
       (1)(a) The voter's name;  571
       (2)(b) The voter's address;  572
       (3)(c) The current date;  573
       (4)(d) The voter's date of birth;  574
       (5)(e) The voter to provide at least one of the following  575
forms of identification:  576
       (a)(i) The voter's Ohio driver's license or state  577
identification card number;  578
       (b)(ii) The last four digits of the voter's social  579
security number.  580
       (6)(f) The voter's signature.  581
       (2) The form shall include the political party affiliation  582
fields and notice described in division (B)(1) of section  583
3503.071 of the Revised Code.  584
       (3) The registration form shall include a space on which  585
the person registering an applicant shall sign the person's name  586
and provide the person's address and a space on which the person  587
registering an applicant shall name the employer who is  588
employing that person to register the applicant.  589
       (4) The forms shall include a box for the person filling  590
out the form to check to indicate, if applicable, that the  591
person has filled out all or part of the form on behalf of the  592
applicant because the applicant declares that the applicant  593
requires such assistance by reason of blindness, disability, or  594
illiteracy.  595
       (5) Except for forms prescribed by the secretary of state  596
under section 3503.11 of the Revised Code, the secretary of  597
S. B. No. 260  Page 22
As Introduced
state shall permit boards of elections to produce forms that  598
have subdivided spaces for each individual alphanumeric  599
character of the information provided by the voter so as to  600
accommodate the electronic reading and conversion of the voter's  601
information to data and the subsequent electronic transfer of  602
that data to the statewide voter registration database  603
established under section 3503.15 of the Revised Code.  604
       (B) None of the following persons who are registering an  605
applicant in the course of that official's or employee's normal  606
duties shall sign the person's name, provide the person's  607
address, or name the employer who is employing the person to  608
register an applicant on a form prepared under this section:  609
       (1) An election official;  610
       (2) A county treasurer;  611
       (3) A deputy registrar of motor vehicles;  612
       (4) An employee of a designated agency;  613
       (5) An employee of a public high school;  614
       (6) An employee of a public vocational school;  615
       (7) An employee of a public library;  616
       (8) An employee of the office of a county treasurer;  617
       (9) An employee of the bureau of motor vehicles;  618
       (10) An employee of a deputy registrar of motor vehicles;  619
       (11) An employee of an election official.  620
       (C) Except as provided in section 3501.382 of the Revised  621
Code, any applicant who is unable to sign the applicant's own  622
name shall make an "X," if possible, which shall be certified by  623
S. B. No. 260  Page 23
As Introduced
the signing of the name of the applicant by the person filling  624
out the form, who shall add the person's own signature. If an  625
applicant is unable to make an "X," the applicant shall indicate  626
in some manner that the applicant desires to register to vote or  627
to change update the applicant's name or residencevoter  628
registration. The person registering the applicant shall sign  629
the form and attest that the applicant indicated that the  630
applicant desired to register to vote or to change update the  631
applicant's name or residencevoter registration.  632
       (D) No registration, change of residence, or change of  633
name update form shall be rejected solely on the basis that a  634
person registering an applicant failed to sign the person's name  635
or failed to name the employer who is employing that person to  636
register the applicant as required under division (A) of this  637
section.  638
       (E) A voter registration application or voter registration  639
update form submitted electronically through the registrar of  640
motor vehicles or a deputy registrar pursuant to section 3503.11  641
or submitted online through the internet pursuant to section  642
3503.20 of the Revised Code is not required to contain a  643
signature to be considered valid. The signature obtained under  644
division (A)(3) of section 3503.11 or under division (B) of  645
section 3503.20 of the Revised Code, as applicable, shall be  646
considered the applicant's signature for all election and  647
signature-matching purposes.  648
       (F)(1) Except as otherwise provided in division (C) of  649
this section and in sections 3501.382 and 3505.24 of the Revised  650
Code, no person shall preprint or fill out any portion of a  651
voter registration, change of residence, or change of name  652
update form on behalf of an applicant.  653
S. B. No. 260  Page 24
As Introduced
       (2) A completed voter registration, change of residence,  654
or change of name update form is not valid if any portion of it  655
has been completed by any person other than the applicant in  656
violation of division (F)(1) of this section.  657
       (G) As used in this section, "registering an applicant"  658
includes any effort, for compensation, to provide voter  659
registration or voter registration update forms or to assist  660
persons in completing or returning those forms.  661
       Sec. 3503.15. (A) The secretary of state shall establish  662
and maintain a statewide voter registration database that shall  663
be administered by the office of data analytics and archives in  664
the office of the secretary of state and made continuously  665
available to each board of elections and to other agencies as  666
authorized by law.  667
       The statewide voter registration database shall be the  668
official list of registered electors for all elections conducted  669
in this state.  670
       (B) The statewide voter registration database shall, at a  671
minimum, include all of the following:  672
       (1) An electronic network that connects all board of  673
elections offices with the office of the secretary of state and  674
with the offices of all other boards of elections;  675
       (2) A computer program that harmonizes the records  676
contained in the database with records maintained by each board  677
of elections;  678
       (3) An interactive computer program that allows access to  679
the records contained in the database by each board of elections  680
and by any persons authorized by the secretary of state to add,  681
delete, modify, or print database records, and to conduct  682
S. B. No. 260  Page 25
As Introduced
updates of the database;  683
       (4) A search program capable of verifying registered  684
electors and their registration information by name, driver's  685
license or state identification card number, birth date, social  686
security number, or current address;  687
       (5) Safeguards and components to ensure that the  688
integrity, security, and confidentiality of the voter  689
registration information is maintained;  690
       (6) Methods to retain canceled voter registration records  691
for not less than five years after they are canceled and to  692
record the reason for their cancellation.  693
       (C) For each registered elector, the statewide voter  694
registration database shall include all of the following  695
information:  696
       (1) The elector's name;  697
       (2) The elector's birth date;  698
       (3) The elector's current residence address;  699
       (4) The elector's precinct number;  700
       (5) The elector's Ohio driver's license or state  701
identification card number, if available;  702
       (6) The last four digits of the elector's social security  703
number, if available;  704
       (7) The elector's telephone number, if available;  705
       (8) The elector's electronic mail address, if available;  706
       (9)(a) The elector's voter registration date, which shall  707
be determined based on the elector's most recent application to  708
S. B. No. 260  Page 26
As Introduced
register to vote in this state, subject to division (C)(9)(b) of  709
this section, as follows:  710
       (i) In the case of an application delivered in person to a  711
state or local office of a designated agency, the office of the  712
registrar or any deputy registrar of motor vehicles, a public  713
high school or vocational school, a public library, or the  714
office of a county treasurer, the date stamped on the  715
application upon receipt by the entity that transmits the  716
application to the board of elections or the secretary of state;  717
       (ii) In the case of an application delivered in person to  718
a board of elections or the secretary of state, the date stamped  719
on the application upon receipt by the board of elections or the  720
secretary of state, as applicable;  721
       (iii) In the case of an application delivered by mail to a  722
board of elections or the secretary of state, the date the  723
application is postmarked;  724
       (iv) In the case of an application submitted through the  725
online voter registration system established under section  726
3503.20 of the Revised Code, the date of the online submission;  727
       (v) In the case of an application submitted to a board of  728
elections by facsimile transmission or electronic mail under  729
Chapter 3511. of the Revised Code, the date of the receipt of  730
the transmission or electronic mail by the board of elections;  731
       (vi) In the case of a provisional ballot affirmation that  732
serves as an application to register to vote in future elections  733
because the individual who cast the ballot is not registered to  734
vote, the date the board of elections determines that the  735
provisional ballot is invalid under section 3505.183 of the  736
Revised Code.  737
S. B. No. 260  Page 27
As Introduced
       (b) For purposes of determining an elector's voter  738
registration date under division (C)(9)(a) of this section, all  739
of the following apply:  740
       (i) An elector's voter registration date shall not be  741
during the period beginning on the day after the close of voter  742
registration before an election and ending on the day of the  743
election. If the date determined under division (C)(9)(a) of  744
this section would be during that period, the voter registration  745
date instead shall be the date on which the board of elections  746
processes the application to register to vote after the day of  747
the election.  748
       (ii) A change of address or change of name voter  749
registration update form, including a provisional ballot  750
affirmation that serves as a change of address or change of name  751
voter registration update form, is not considered an application  752
to register to vote.  753
       (iii) An application to register to vote that is submitted  754
by an individual who is already registered to vote in this state  755
is not considered an application to register to vote.  756
       (10) The elector's political party affiliation, if any, as  757
determined under section 3503.071 of the Revised Code;  758
       (11) The elector's voting history, including all of the  759
following, for each election in which the elector cast a ballot  760
that was counted:  761
       (a) The , the date of the election;  762
       (b) If the election was a primary election, the political  763
party whose ballot the elector cast at the primary election or  764
an indication that the elector voted only on the questions and  765
issues appearing on the ballot at a special election held on the  766
S. B. No. 260  Page 28
As Introduced
day of the primary election;  767
       (c) The and the type of ballot the elector cast.  768
       (11)(12) The elector's last activity date, which shall be  769
determined in accordance with rules adopted by the secretary of  770
state pursuant to Chapter 119. of the Revised Code.  771
       (12)(13) Any other information the secretary of state  772
requires to be included by rule adopted pursuant to Chapter 119.  773
of the Revised Code.  774
       (D) Every day during the period beginning on the forty-  775
sixth day before an election and ending on the eighty-first day  776
after the day of the election, a board of elections shall create  777
a daily record of its voter registration database as of four  778
p.m. and shall transmit the daily record to the secretary of  779
state in a secure manner prescribed by the secretary of state.  780
The secretary of state shall archive the daily record and retain  781
it for at least twenty-two months after the day of the election.  782
       (E) The secretary of state shall adopt rules pursuant to  783
Chapter 119. of the Revised Code to implement this section and  784
sections 3503.151 to 3503.153 of the Revised Code, including  785
rules doing all of the following:  786
       (1) Specifying the manner in which any voter registration  787
records maintained by boards of elections in other data formats  788
shall be converted for inclusion in the statewide voter  789
registration database;  790
       (2) Establishing a uniform method for entering voter  791
registration records into the statewide voter registration  792
database on an expedited basis, but not less than once per day,  793
if new registration information is received, and for  794
transmitting information securely to the secretary of state;  795
S. B. No. 260  Page 29
As Introduced
       (3) Establishing a uniform method for purging canceled  796
voter registration records from the statewide voter registration  797
database in accordance with section 3503.21 of the Revised Code;  798
       (4) Specifying the persons authorized to add, delete,  799
modify, or print records contained in the statewide voter  800
registration database and to make updates of that database;  801
       (5) Establishing a process for annually auditing the  802
information contained in the statewide voter registration  803
database.  804
       (F) A board of elections promptly shall purge a voter's  805
name and voter registration information from the statewide voter  806
registration database in accordance with the rules adopted by  807
the secretary of state under division (E)(3) of this section  808
after the cancellation of a voter's registration under section  809
3503.21 of the Revised Code.  810
       (G) The secretary of state shall provide training in the  811
operation of the statewide voter registration database to each  812
board of elections and to any persons authorized by the  813
secretary of state to add, delete, modify, or print database  814
records, and to conduct updates of the database.  815
       (H) A board of elections and any vendor with which it  816
contracts to provide voter registration software or related  817
services shall ensure that the board's voter registration system  818
and practices comply with the requirements of this section and  819
any rules adopted under this section.  820
       Sec. 3503.153. (A) The statewide voter registration  821
database shall be made available on a web site of the office of  822
the secretary of state as follows:  823
       (1) Except as otherwise provided in division (A)(2) of  824
S. B. No. 260  Page 30
As Introduced
this section, the following information from the statewide voter  825
registration database regarding a registered elector shall be  826
made available on the web site:  827
       (a) The elector's name;  828
       (b) The elector's birth date;  829
       (c) The elector's current residence address;  830
       (d) The elector's precinct number;  831
       (e) The elector's voter registration date, as described in  832
division (C)(9) of section 3503.15 of the Revised Code;  833
       (f) The elector's voting history, as described in division  834
(C)(10)(C)(11) of section 3503.15 of the Revised Code;  835
       (g) The elector's last activity date, as described in  836
division (C)(11)(C)(12) of section 3503.15 of the Revised Code.  837
       (2) During the thirty days before the day of a primary or  838
general election, the web site interface of the statewide voter  839
registration database shall permit an elector to search for the  840
polling location at which that elector may cast a ballot.  841
       (3) No information in the statewide voter registration  842
database that is exempt from disclosure under division (A)(2) of  843
section 3503.13 of the Revised Code shall be made available on  844
the web site.  845
       (B)(1) The secretary of state shall establish, by rule  846
adopted under Chapter 119. of the Revised Code, a process for  847
boards of elections to notify the secretary of state of changes  848
in the locations of precinct polling places for the purpose of  849
updating the information made available on the secretary of  850
state's web site under division (A)(2) of this section. Those  851
S. B. No. 260  Page 31
As Introduced
rules shall require a board of elections, during the thirty days  852
before the day of a primary or general election, to notify the  853
secretary of state within one business day of any change to the  854
location of a precinct polling place within the county.  855
       (2) During the thirty days before the day of a primary or  856
general election, not later than one business day after  857
receiving a notification from a county pursuant to division (B)  858
(1) of this section that the location of a precinct polling  859
place has changed, the secretary of state shall update that  860
information on the secretary of state's web site for the purpose  861
of division (A)(2) of this section.  862
       Sec. 3503.16. (A) Except as otherwise provided in division  863
(E) of section 111.44 of the Revised Code, whenever (A)(1)  864
Whenever a registered elector changes the place of residence of  865
that registered elector from one precinct to another within a  866
county or from one county to another this state, or has a change  867
of name, that registered elector shall report the change by  868
delivering a change of residence or change of name form,  869
whichever is appropriate, as prescribed by the secretary of  870
state under section 3503.14 of the Revised Code to the state or  871
local office of a designated agency, a public high school or  872
vocational school, a public library, the office of the county  873
treasurer, the office of the secretary of state, any office of  874
the registrar or deputy registrar of motor vehicles, or any  875
office of a board of elections in person or by a third person.  876
Any voter registration, change of address, or change of name  877
application, returned by mail, may be sent only to the secretary  878
of state or the board of elections.  879
       A registered elector also may update the registration of  880
that registered elector by filing a change of residence or  881
S. B. No. 260  Page 32
As Introduced
change of name form on the day of a special, primary, or general  882
election at the polling place in the precinct in which that  883
registered elector resides or at the board of elections or at  884
another site designated by the board one of the methods  885
described in section 3503.19 of the Revised Code not later than  886
the thirtieth day before the day of an election, except as  887
otherwise permitted under this section.  888
       (2) Whenever a registered elector has a change of  889
political party affiliation, the elector may report the change  890
by one of the methods described in section 3503.19 of the  891
Revised Code or the elector may change the elector's affiliation  892
at a primary election by requesting and casting the ballot of  893
the elector's new political party or by requesting and casting  894
an issues-only ballot.  895
       (B)(1)(a) Any registered elector who moves within a  896
precinct on or prior to the day of a general, primary, or  897
special election and has not filed a notice of reported the  898
change of residence with the board of elections under section  899
3503.19 of the Revised Code may vote in that election by going  900
to that registered elector's assigned polling place, completing  901
and signing a notice of change of residence voter registration  902
update form, showing photo identification, and casting a ballot.  903
       (b) Any registered elector who changes the name of that  904
registered elector and remains within a precinct on or prior to  905
the day of a general, primary, or special election and has not  906
filed a notice of reported the change of name with the board of  907
elections under section 3503.19 of the Revised Code may vote in  908
that election by going to that registered elector's assigned  909
polling place, completing and signing a notice of a change of  910
name voter registration update form, and casting a provisional  911
S. B. No. 260  Page 33
As Introduced
ballot under section 3505.181 of the Revised Code. If the  912
registered elector provides to the precinct election officials  913
proof of a legal name change, such as a marriage license or  914
court order that includes the elector's current and prior names,  915
the elector may complete and sign a notice of change of name  916
voter registration update form and cast a regular ballot.  917
       (2) Any registered elector who moves from one precinct to  918
another within a county or moves from one precinct to another  919
and changes the name of that registered elector on or prior to  920
the day of a general, primary, or special election and has not  921
filed a notice of reported the change of residence or change of  922
name, whichever is appropriate, with the board of elections  923
under section 3503.19 of the Revised Code may vote in that  924
election if that registered elector complies with division (G)  925
of this section or does all of the following:  926
       (a) Appears at anytime during regular business hours on or  927
after the twenty-eighth day prior to the election in which that  928
registered elector wishes to vote or, if the election is held on  929
the day of a presidential primary election, the twenty-fifth day  930
prior to the election, through noon of the Saturday prior to the  931
election at the office of the board of elections, appears at any  932
time during regular business hours on the Monday prior to the  933
election at the office of the board of elections, or appears on  934
the day of the election at either of the following locations:  935
       (i) The polling place for the precinct in which that  936
registered elector resides;  937
       (ii) The office of the board of elections or, if pursuant  938
to division (C) of section 3501.10 of the Revised Code the board  939
has designated another location in the county at which  940
registered electors may vote, at that other location instead of  941
S. B. No. 260  Page 34
As Introduced
the office of the board of elections.  942
       (b) Completes and signs, under penalty of election  943
falsification, the written affirmation on the provisional ballot  944
envelope, which shall serve as a notice of change of residence  945
or change of name, whichever is appropriate voter registration  946
update form;  947
       (c) Votes a provisional ballot under section 3505.181 of  948
the Revised Code at the polling place, at the office of the  949
board of elections, or, if pursuant to division (C) of section  950
3501.10 of the Revised Code the board has designated another  951
location in the county at which registered electors may vote, at  952
that other location instead of the office of the board of  953
elections, whichever is appropriate, using the address to which  954
that registered elector has moved or the name of that registered  955
elector as changed, whichever is appropriate;  956
       (d) Completes and signs, under penalty of election  957
falsification, a statement attesting that that registered  958
elector moved or had a change of name, whichever is appropriate,  959
on or prior to the day of the election, has voted a provisional  960
ballot at the polling place for the precinct in which that  961
registered elector resides, at the office of the board of  962
elections, or, if pursuant to division (C) of section 3501.10 of  963
the Revised Code the board has designated another location in  964
the county at which registered electors may vote, at that other  965
location instead of the office of the board of elections,  966
whichever is appropriate, and will not vote or attempt to vote  967
at any other location for that particular election.  968
       (C) Any registered elector who moves from one county to  969
another county within the state on or prior to the day of a  970
general, primary, or special election and has not registered to  971
S. B. No. 260  Page 35
As Introduced
vote in the county to which that registered elector moved  972
reported the change of residence under section 3503.19 of the  973
Revised Code may vote in that election if that registered  974
elector complies with division (G) of this section or does all  975
of the following:  976
       (1) Appears at any time during regular business hours on  977
or after the twenty-eighth day prior to the election in which  978
that registered elector wishes to vote or, if the election is  979
held on the day of a presidential primary election, the twenty-  980
fifth day prior to the election, through noon of the Saturday  981
prior to the election at the office of the board of elections  982
or, if pursuant to division (C) of section 3501.10 of the  983
Revised Code the board has designated another location in the  984
county at which registered electors may vote, at that other  985
location instead of the office of the board of elections,  986
appears during regular business hours on the Monday prior to the  987
election at the office of the board of elections or, if pursuant  988
to division (C) of section 3501.10 of the Revised Code the board  989
has designated another location in the county at which  990
registered electors may vote, at that other location instead of  991
the office of the board of elections, or appears on the day of  992
the election at the office of the board of elections or, if  993
pursuant to division (C) of section 3501.10 of the Revised Code  994
the board has designated another location in the county at which  995
registered electors may vote, at that other location instead of  996
the office of the board of elections;  997
       (2) Completes and signs, under penalty of election  998
falsification, the written affirmation on the provisional ballot  999
envelope, which shall serve as a notice of change of residence  1000
voter registration update form;  1001
S. B. No. 260  Page 36
As Introduced
       (3) Votes a provisional ballot under section 3505.181 of  1002
the Revised Code at the office of the board of elections or, if  1003
pursuant to division (C) of section 3501.10 of the Revised Code  1004
the board has designated another location in the county at which  1005
registered electors may vote, at that other location instead of  1006
the office of the board of elections, using the address to which  1007
that registered elector has moved;  1008
       (4) Completes and signs, under penalty of election  1009
falsification, a statement attesting that that registered  1010
elector has moved from one county to another county within the  1011
state on or prior to the day of the election, has voted at the  1012
office of the board of elections or, if pursuant to division (C)  1013
of section 3501.10 of the Revised Code the board has designated  1014
another location in the county at which registered electors may  1015
vote, at that other location instead of the office of the board  1016
of elections, and will not vote or attempt to vote at any other  1017
location for that particular election.  1018
       (D) A person who votes by absent voter's ballots pursuant  1019
to division (G) (E) of this section shall not make written  1020
application for the ballots pursuant to Chapter 3509. of the  1021
Revised Code. Ballots cast pursuant to division (G) (E) of this  1022
section shall be set aside in a special envelope and counted  1023
during the official canvass of votes in the manner provided for  1024
in sections 3505.32 and 3509.06 of the Revised Code insofar as  1025
that manner is applicable. The board shall examine the pollbooks  1026
to verify that no ballot was cast at the polls or by absent  1027
voter's ballots under Chapter 3509. or 3511. of the Revised Code  1028
by an elector who has voted by absent voter's ballots pursuant  1029
to division (G) (E) of this section. Any ballot determined to be  1030
insufficient for any of the reasons stated above or stated in  1031
section 3509.07 of the Revised Code shall not be counted.  1032
S. B. No. 260  Page 37
As Introduced
       Subject to division (C) of section 3501.10 of the Revised  1033
Code, a board of elections may lease or otherwise acquire a site  1034
different from the office of the board at which registered  1035
electors may vote pursuant to division (B) or (C) of this  1036
section.  1037
       (E) Upon receiving a notice of change of residence or  1038
change of name, the board of elections shall immediately send  1039
the registrant an acknowledgment notice. If the change of  1040
residence or change of name notice is valid, the board shall  1041
update the voter's registration as appropriate. If that form is  1042
incomplete, the board shall inform the registrant in the  1043
acknowledgment notice specified in this division of the  1044
information necessary to complete or update that registrant's  1045
registration.  1046
       (F) Change of residence and change of name forms shall be  1047
available at each polling place, and when these forms are  1048
completed, noting changes of residence or name, as appropriate,  1049
they shall be filed with election officials at the polling  1050
place. Election officials shall return completed forms, together  1051
with the pollbooks and tally sheets, to the board of elections.  1052
       The board of elections shall provide change of residence  1053
and change of name forms to the probate court and court of  1054
common pleas. The court shall provide the forms to any person  1055
eighteen years of age or older who has a change of name by order  1056
of the court or who applies for a marriage license. The court  1057
shall forward all completed forms to the board of elections  1058
within five days after receiving them.  1059
       (G) A registered elector who otherwise would qualify to  1060
vote under division (B) or (C) of this section but is unable to  1061
appear at the office of the board of elections or, if pursuant  1062
S. B. No. 260  Page 38
As Introduced
to division (C) of section 3501.10 of the Revised Code the board  1063
has designated another location in the county at which  1064
registered electors may vote, at that other location, on account  1065
of personal illness, physical disability, or infirmity, may vote  1066
on the day of the election if that registered elector does all  1067
of the following:  1068
       (1) Makes a written application on a form prescribed by  1069
the secretary of state that includes all of the information  1070
required under section 3509.03 of the Revised Code to the  1071
appropriate board for an absent voter's ballot on or after the  1072
twenty-seventh day prior to the election in which the registered  1073
elector wishes to vote through the close of business on the  1074
seventh day prior to that election and requests that the absent  1075
voter's ballot be sent to the address to which the registered  1076
elector has moved if the registered elector has moved, or to the  1077
address of that registered elector who has not moved but has had  1078
a change of name;  1079
       (2) Declares that the registered elector has moved or had  1080
a change of name, whichever is appropriate, and otherwise is  1081
qualified to vote under the circumstances described in division  1082
(B) or (C) of this section, whichever is appropriate, but that  1083
the registered elector is unable to appear at the board of  1084
elections because of personal illness, physical disability, or  1085
infirmity;  1086
       (3) Completes and returns a voter registration update form  1087
along with the completed absent voter's ballot a notice of  1088
change of residence indicating the address to which the  1089
registered elector has moved, or a notice of change of name,  1090
whichever is appropriate;  1091
       (4) Completes and signs, under penalty of election  1092
S. B. No. 260  Page 39
As Introduced
falsification, a statement attesting that the registered elector  1093
has moved or had a change of name on or prior to the day before  1094
the election, has voted by absent voter's ballot because of  1095
personal illness, physical disability, or infirmity that  1096
prevented the registered elector from appearing at the board of  1097
elections, and will not vote or attempt to vote at any other  1098
location or by absent voter's ballot mailed to any other  1099
location or address for that particular election.  1100
       Sec. 3503.19. (A) Persons (A)(1) Except as otherwise  1101
provided in division (E) of section 111.44 of the Revised Code,  1102
persons qualified to register or to change update their  1103
registration because of a change of address or, change of name,  1104
or change of political party affiliation may register or change  1105
update their registration in by doing any of the following:  1106
       (a) Submitting a voter registration application or a voter  1107
registration update form in person or through another person at  1108
any state or local office of a designated agency, at the office  1109
of the registrar or any deputy registrar of motor vehicles, at a  1110
public high school or vocational school, at a public library, at  1111
the office of a county treasurer, or at a branch office  1112
established by the board of elections, or ;  1113
       (b) Submitting a voter registration application or a voter  1114
registration update form in person or through another person at  1115
a probate court or a court of common pleas. The board of  1116
elections shall provide the forms to the courts, and the courts  1117
shall provide the forms to any person eighteen years of age or  1118
older who has a change of name by order of the court or who  1119
applies for a marriage license.  1120
       (c) Submitting a voter registration application or a voter  1121
registration update form in person, through another person, or  1122
S. B. No. 260  Page 40
As Introduced
by mail at the office of the secretary of state or at the office  1123
of a any board of elections. A registered elector may also  1124
change the elector's registration ;  1125
        (d) Submitting a voter registration application or a voter  1126
registration update form through the online voter registration  1127
system under section 3503.20 of the Revised Code;  1128
        (e) Submitting a voter registration application or a voter  1129
registration update form in person to the election officials on  1130
election day at any polling place where the elector is eligible  1131
to vote, in the manner provided under section 3503.16 of the  1132
Revised Code. Voter registration applications and voter  1133
registration update forms shall be available at each polling  1134
place, and the election officials shall return all completed  1135
forms, together with the pollbooks and tally sheets, to the  1136
board of elections.  1137
        (f) In the case of a person who is eligible to vote as a  1138
uniformed services voter or an overseas voter in accordance with  1139
52 U.S.C. 20310, returning the person's completed voter  1140
registration application or voter registration update form  1141
electronically to the office of the secretary of state or to the  1142
board of elections of the county in which the person's voting  1143
residence is located pursuant to Chapter 3511. of the Revised  1144
Code.  1145
        (2)(a) Any state or local office of a designated agency, a  1146
public high school or vocational school, a public library, a  1147
probate court or court of common pleas, or the office of a  1148
county treasurer shall date stamp a voter registration  1149
application or voter registration update form it receives using  1150
a date stamp that does not disclose the identity of the state or  1151
local office that receives it and shall transmit any voter  1152
S. B. No. 260  Page 41
As Introduced
registration the application or change of registration form that  1153
it receives to the board of elections of the county in which the  1154
state or local office is located, within five days after  1155
receiving the voter registration application or change of  1156
registration form. The office of the registrar or any deputy  1157
registrar of motor vehicles shall transmit any electronic voter  1158
registration application or change of voter registration update  1159
form that it receives to the secretary of state within twenty-  1160
four hours after receiving it, and shall transmit any paper  1161
voter registration application or change of registration form  1162
that it receives to the board of elections of the county in  1163
which the office of the registrar or deputy registrar is located  1164
within five days after receiving the voter registration  1165
application or change of registration form, as required under  1166
section 3503.11 of the Revised Code.  1167
       (b) If a board of elections or the office of the secretary  1168
of state receives a voter registration application or voter  1169
registration update form before the thirtieth day before an  1170
election, the board or the office of the secretary of state, as  1171
applicable, shall forward the application or form to the board  1172
of elections of the county in which the applicant resides within  1173
ten days after receiving it. If a board of elections or the  1174
office of the secretary of state receives a voter registration  1175
application or voter registration update form on or after the  1176
thirtieth day before an election, the board or the office of the  1177
secretary of state, as applicable, shall forward the application  1178
or form to the board of elections of the county in which the  1179
applicant resides within thirty days after that election.  1180
       (3) Except as otherwise provided in section 3503.16 of the  1181
Revised Code:  1182
S. B. No. 260  Page 42
As Introduced
       (a) An otherwise valid voter registration application that  1183
is returned to the appropriate office other than by mail must be  1184
received by a state or local office of a designated agency, the  1185
office of the registrar or any deputy registrar of motor  1186
vehicles, a public high school or vocational school, a public  1187
library, a probate court or court of common pleas, the office of  1188
a county treasurer, the office of the secretary of state, or the  1189
office of a board of elections no later than the thirtieth day  1190
preceding a primary, special, or general election for the person  1191
to qualify as an elector eligible to vote at that election. An  1192
otherwise valid registration application received after that day  1193
entitles the elector to vote at all subsequent elections.  1194
       Any state or local office of a designated agency, the  1195
office of the registrar or any deputy registrar of motor  1196
vehicles, a public high school or vocational school, a public  1197
library, or the office of a county treasurer shall date stamp a  1198
registration application or change of name or change of address  1199
form it receives using a date stamp that does not disclose the  1200
identity of the state or local office that receives the  1201
registration.  1202
       (b) Voter registration applications, if otherwise valid,  1203
that are returned by mail to the office of the secretary of  1204
state or to the office of a board of elections must be  1205
postmarked no later than the thirtieth day preceding a primary,  1206
special, or general election in order for the person to qualify  1207
as an elector eligible to vote at that election. If an otherwise  1208
valid voter registration application that is returned by mail  1209
does not bear a postmark or a legible postmark, the registration  1210
shall be valid for that election if received by the office of  1211
the secretary of state or the office of a board of elections no  1212
later than twenty-five days preceding any special, primary, or  1213
S. B. No. 260  Page 43
As Introduced
general election.  1214
       (B)(1)(B) Any person may apply in person, by telephone, by  1215
mail, or through another person for voter registration forms to  1216
the office of the secretary of state or the office of a board of  1217
elections. An individual who is eligible to vote as a uniformed  1218
services voter or an overseas voter in accordance with 42 U.S.C.  1219
1973ff-6 also may apply for voter registration forms by  1220
electronic means to the office of the secretary of state or to  1221
the board of elections of the county in which the person's  1222
voting residence is located pursuant to section 3503.191 of the  1223
Revised Code.  1224
       (2)(a) An applicant may return the applicant's completed  1225
registration form in person or by mail to any state or local  1226
office of a designated agency, to a public high school or  1227
vocational school, to a public library, to the office of a  1228
county treasurer, to the office of the secretary of state, or to  1229
the office of a board of elections. An applicant who is eligible  1230
to vote as a uniformed services voter or an overseas voter in  1231
accordance with 42 U.S.C. 1973ff-6 also may return the  1232
applicant's completed voter registration form electronically to  1233
the office of the secretary of state or to the board of  1234
elections of the county in which the person's voting residence  1235
is located pursuant to section 3503.191 of the Revised Code.  1236
       (b) Subject to division (B)(2)(c) of this section, an  1237
applicant may return the applicant's completed registration form  1238
through another person to any board of elections or the office  1239
of the secretary of state.  1240
       (c) A person who receives compensation for registering a  1241
voter shall return any registration form entrusted to that  1242
person by an applicant to any board of elections or to the  1243
S. B. No. 260  Page 44
As Introduced
office of the secretary of state.  1244
       (d) If a board of elections or the office of the secretary  1245
of state receives a registration form under division (B)(2)(b)  1246
or (c) of this section before the thirtieth day before an  1247
election, the board or the office of the secretary of state, as  1248
applicable, shall forward the registration to the board of  1249
elections of the county in which the applicant is seeking to  1250
register to vote within ten days after receiving the  1251
application. If a board of elections or the office of the  1252
secretary of state receives a registration form under division  1253
(B)(2)(b) or (c) of this section on or after the thirtieth day  1254
before an election, the board or the office of the secretary of  1255
state, as applicable, shall forward the registration to the  1256
board of elections of the county in which the applicant is  1257
seeking to register to vote within thirty days after that  1258
election.  1259
       (C)(1) A board of elections that receives a voter  1260
registration application or voter registration update form and  1261
is satisfied as to the truth of the statements made in the  1262
registration application or form shall register the applicant or  1263
update the elector's registration not later than twenty business  1264
days after receiving the application, unless that application is  1265
received during the thirty days immediately preceding the day of  1266
an election. The board shall promptly notify the applicant  1267
person in writing of each of the following:  1268
       (a) The applicant's fact that the person is registered to  1269
vote or has had the person's registration updated;  1270
       (b) The person's political party affiliation, if any, as  1271
determined under section 3503.071 of the Revised Code;  1272
S. B. No. 260  Page 45
As Introduced
       (c) The precinct in which the applicant person is to vote;  1273
       (c)(d) In bold type as follows:  1274
       "Voters must bring photo identification to the polls in  1275
order to verify identity. Voters who do not provide photo  1276
identification will still be able to vote by casting a  1277
provisional ballot."  1278
       The notification shall be by nonforwardable mail. If the  1279
mail is returned to the board, it shall investigate and cause  1280
the notification to be delivered to the correct address.  1281
       (2) If, after investigating as required under division (C)  1282
(1) of this section, the board is unable to verify the voter's  1283
correct address, it shall cause the voter's name in the official  1284
registration list and in the poll list or signature pollbook to  1285
be marked to indicate that the voter's notification was returned  1286
to the board.  1287
       At the first election at which a voter whose name has been  1288
so marked appears to vote, the voter shall be required to vote  1289
by provisional ballot under section 3505.181 of the Revised  1290
Code. If the provisional ballot is counted pursuant to division  1291
(B)(3) of section 3505.183 of the Revised Code, the board shall  1292
correct that voter's registration, if needed, and shall remove  1293
the indication that the voter's notification was returned from  1294
that voter's name on the official registration list and on the  1295
poll list or signature pollbook. If the provisional ballot is  1296
not counted pursuant to division (B)(4)(a)(i), (v), or (vi) of  1297
section 3505.183 of the Revised Code, the voter's registration  1298
shall be canceled. The board shall notify the voter by United  1299
States mail of the cancellation.  1300
       (3) If a notice of the disposition of an otherwise valid  1301
S. B. No. 260  Page 46
As Introduced
registration application is sent by nonforwardable mail and is  1302
returned undelivered, the person shall be registered as provided  1303
in division (C)(2) of this section and sent a confirmation  1304
notice by forwardable mail. If the person fails to respond to  1305
the confirmation notice, update the person's registration, or  1306
vote by provisional ballot as provided in division (C)(2) of  1307
this section in any election during the period of two federal  1308
elections subsequent to the mailing of the confirmation notice,  1309
the person's registration shall be canceled.  1310
       Sec. 3503.20. (A) The secretary of state shall establish a  1311
secure online voter registration system. The system shall  1312
provide for all of the following:  1313
       (1) An applicant to submit a voter registration  1314
application to the secretary of state online through the  1315
internet;  1316
       (2) The online applicant to be registered to vote, if all  1317
of the following apply:  1318
       (a) The application contains all of the following  1319
information:  1320
       (i) The applicant's name;  1321
       (ii) The applicant's address;  1322
       (iii) The applicant's date of birth;  1323
       (iv) The last four digits of the applicant's social  1324
security number;  1325
       (v) The applicant's Ohio driver's license number or the  1326
number of the applicant's state identification card issued under  1327
section 4507.50 of the Revised Code.  1328
S. B. No. 260  Page 47
As Introduced
       (b) The applicant's name, address, and date of birth, the  1329
last four digits of the applicant's social security number, and  1330
the applicant's Ohio driver's license number or the number of  1331
the applicant's state identification card as they are provided  1332
in the application are not inconsistent with the information on  1333
file with the bureau of motor vehicles;  1334
       (c) The applicant is a United States citizen, will have  1335
lived in this state for thirty days immediately preceding the  1336
next election, will be at least eighteen years of age on or  1337
before the day of the next general election, and is otherwise  1338
eligible to register to vote;  1339
       (d) The applicant attests to the truth and accuracy of the  1340
information submitted in the online application under penalty of  1341
election falsification.  1342
       (3) The application to include the political party  1343
affiliation fields and notice described in division (B)(1) of  1344
section 3503.071 of the Revised Code.  1345
       (B) If an individual registers to vote or a registered  1346
elector updates the elector's name, address, or both  1347
registration under this section, the secretary of state shall  1348
obtain an electronic copy of the applicant's or elector's  1349
signature that is on file with the bureau of motor vehicles.  1350
That electronic signature shall be used as the applicant's or  1351
elector's signature on voter registration records, for all  1352
election and signature-matching purposes.  1353
       (C) The secretary of state shall employ whatever security  1354
measures the secretary of state considers necessary to ensure  1355
the integrity and accuracy of voter registration information  1356
submitted electronically pursuant to this section. Errors in  1357
S. B. No. 260  Page 48
As Introduced
processing voter registration applications in the online system  1358
shall not prevent an applicant from becoming registered or from  1359
voting.  1360
       (D) The online voter registration application established  1361
under division (A) of this section shall include the following  1362
language:  1363
       "By clicking the box below, I affirm all of the following  1364
under penalty of election falsification, which is a felony of  1365
the fifth degree:  1366
       (1) I am the person whose name and identifying information  1367
is provided on this form, and I desire to register to vote, or  1368
update my voter registration, in the State of Ohio.  1369
       (2) All of the information I have provided on this form is  1370
true and correct as of the date I am submitting this form.  1371
       (3) I am a United States citizen.  1372
       (4) I will have lived in Ohio for thirty days immediately  1373
preceding the next election.  1374
       (5) I will be at least eighteen years of age on or before  1375
the day of the next general election.  1376
       (6) I authorize the Bureau of Motor Vehicles to transmit  1377
to the Ohio Secretary of State my signature that is on file with  1378
the Bureau of Motor Vehicles, and I understand and agree that  1379
the signature transmitted by the Bureau of Motor Vehicles will  1380
be used by the Secretary of State to validate this electronic  1381
voter registration application as if I had signed this form  1382
personally."  1383
       In order to register to vote or update a voter  1384
registration under division (A) of this section, an applicant or  1385
S. B. No. 260  Page 49
As Introduced
elector shall be required to mark the box in the online voter  1386
registration application that appears in conjunction with the  1387
previous statement.  1388
       (E) The online voter registration process established  1389
under division (A) of this section shall be in operation and  1390
available for use by individuals who wish to register to vote or  1391
update their voter registration information online not earlier  1392
than January 1, 2017. During the period beginning on the first  1393
day after the close of voter registration before an election and  1394
ending on the day of the election, the online voter registration  1395
system shall display a notice indicating that the applicant will  1396
not be registered to vote for the purposes of that election.  1397
       (F) Notwithstanding section 1.50 of the Revised Code, if  1398
any provision of this section or of division (E) of section  1399
3503.14 of the Revised Code is held invalid, or if the  1400
application of any provision of this section or of that division  1401
to any person or circumstance is held invalid, then this section  1402
and that division cease to operate.  1403
       Sec. 3503.23. (A) Fourteen days before an election, the  1404
board of elections shall cause to be prepared from the statewide  1405
voter registration database established under section 3503.15 of  1406
the Revised Code a complete and official registration list for  1407
each precinct, containing the names, addresses, and political  1408
party whose ballot the elector voted in the most recent primary  1409
election within the current year and the immediately preceding  1410
two calendar years, affiliations of all qualified registered  1411
voters in the precinct, except as otherwise provided in section  1412
111.44 of the Revised Code. All the names, insofar as  1413
practicable, shall be arranged in alphabetical order. The lists  1414
may be prepared either in sheet form on one side of the paper or  1415
S. B. No. 260  Page 50
As Introduced
in electronic form, at the discretion of the board. Each  1416
precinct list shall be headed "Register of Voters," and under  1417
the heading shall be indicated the district or ward and  1418
precinct.  1419
       Appended to each precinct list shall be attached the names  1420
of the members of the board and the name of the director. A  1421
sufficient number of such lists shall be provided for  1422
distribution to the candidates, political parties, or organized  1423
groups that apply for them. The board shall have each precinct  1424
list available at the board for viewing by the public during  1425
normal business hours. The board shall ensure that, by the  1426
opening of the polls on the day of a general or primary  1427
election, each precinct has a paper copy of the registration  1428
list of voters in that precinct.  1429
       (B) On the day of a general or primary election, precinct  1430
election officials shall do both of the following:  1431
       (1) By the time the polls open, conspicuously post and  1432
display at the polling place one copy of the registration list  1433
of voters in that precinct in an area of the polling place that  1434
is easily accessible;  1435
       (2) At 11 a.m. and 4 p.m. place a mark, on the official  1436
registration list posted at the polling place, before the name  1437
of those registered voters who have voted.  1438
       (C) Notwithstanding division (B) of section 3501.35 of the  1439
Revised Code, any person may enter the polling place for the  1440
sole purpose of reviewing the official registration list posted  1441
in accordance with division (B) of this section, provided that  1442
the person does not engage in conduct that would constitute  1443
harassment in violation of the election law, as defined in  1444
S. B. No. 260  Page 51
As Introduced
section 3501.90 of the Revised Code.  1445
       Sec. 3503.28. (A) The secretary of state shall develop an  1446
information brochure regarding voter registration. The brochure  1447
shall include, but is not limited to, all of the following  1448
information:  1449
       (1) The applicable deadlines for registering to vote or  1450
for returning an applicant's completed registration form;  1451
       (2) The applicable deadline for returning an applicant's  1452
completed registration form if the person returning the form is  1453
being compensated for registering voters;  1454
       (3) The manner in which a person may establish or change  1455
the person's political party affiliation;  1456
       (4) The locations to which a person may return an  1457
applicant's completed registration form;  1458
       (4) (5) The location to which a person who is compensated  1459
for registering voters may return an applicant's completed  1460
registration form;  1461
       (5) (6) The registration and affirmation requirements  1462
applicable to persons who are compensated for registering voters  1463
under section 3503.29 of the Revised Code;  1464
       (6) (7) A notice, which shall be written in bold type,  1465
stating as follows:  1466
       "Voters must bring photo identification to the polls in  1467
order to verify identity. Voters who do not provide photo  1468
identification will still be able to vote by casting a  1469
provisional ballot."  1470
       (B) Except as otherwise provided in division (D) of this  1471
S. B. No. 260  Page 52
As Introduced
section, a board of elections, designated agency, public high  1472
school, public vocational school, public library, office of a  1473
county treasurer, or deputy registrar of motor vehicles shall  1474
distribute a copy of the brochure developed under division (A)  1475
of this section to any person who requests more than two voter  1476
registration forms at one time.  1477
       (C)(1) The secretary of state shall provide the  1478
information required to be included in the brochure developed  1479
under division (A) of this section to any person who prints a  1480
voter registration form that is made available on a web site of  1481
the office of the secretary of state.  1482
       (2) If a board of elections operates and maintains a web  1483
site, the board shall provide the information required to be  1484
included in the brochure developed under division (A) of this  1485
section to any person who prints a voter registration form that  1486
is made available on that web site.  1487
       (D) A board of elections shall not be required to  1488
distribute a copy of a brochure under division (B) of this  1489
section to any of the following officials or employees who are  1490
requesting more than two voter registration forms at one time in  1491
the course of the official's or employee's normal duties:  1492
       (1) An election official;  1493
       (2) A county treasurer;  1494
       (3) A deputy registrar of motor vehicles;  1495
       (4) An employee of a designated agency;  1496
       (5) An employee of a public high school;  1497
       (6) An employee of a public vocational school;  1498
S. B. No. 260  Page 53
As Introduced
       (7) An employee of a public library;  1499
       (8) An employee of the office of a county treasurer;  1500
       (9) An employee of the bureau of motor vehicles;  1501
       (10) An employee of a deputy registrar of motor vehicles;  1502
       (11) An employee of an election official.  1503
       (E) As used in this section, "registering voters" includes  1504
any effort, for compensation, to provide voter registration  1505
forms or to assist persons in completing or returning those  1506
forms.  1507
       Sec. 3505.181. (A) All of the following individuals shall  1508
be permitted to cast a provisional ballot at an election:  1509
       (1) An individual who declares that the individual is a  1510
registered voter in the precinct in which the individual desires  1511
to vote and that the individual is eligible to vote in an  1512
election, but the name of the individual does not appear on the  1513
official list of eligible voters for the precinct or an election  1514
official asserts that the individual is not eligible to vote;  1515
       (2) An individual who does not have or is unable to  1516
provide photo identification to the election officials;  1517
       (3) An individual whose name in the poll list or signature  1518
pollbook has been marked under section 3509.09 or 3511.13 of the  1519
Revised Code as having requested an absent voter's ballot or a  1520
uniformed services or overseas absent voter's ballot for that  1521
election and who appears to vote at the polling place;  1522
       (4) An individual whose notification of registration has  1523
been returned undelivered to the board of elections and whose  1524
name in the official registration list and in the poll list or  1525
S. B. No. 260  Page 54
As Introduced
signature pollbook has been marked under division (C)(2) of  1526
section 3503.19 of the Revised Code;  1527
       (5) An individual who has been successfully challenged  1528
under section 3505.20 or 3513.20 3513.19 of the Revised Code;  1529
       (6) An individual who changes the individual's name and  1530
remains within the precinct without providing proof of that name  1531
change under division (B)(1)(b) of section 3503.16 of the  1532
Revised Code, moves from one precinct to another within a  1533
county, moves from one precinct to another and changes the  1534
individual's name, or moves from one county to another within  1535
the state, and completes and signs the required forms and  1536
statements under division (B) or (C) of section 3503.16 of the  1537
Revised Code;  1538
       (7) An individual whose signature, in the opinion of the  1539
precinct officers under section 3505.22 of the Revised Code, is  1540
not that of the person who signed that name in the registration  1541
forms.  1542
       (B) An individual who is eligible to cast a provisional  1543
ballot under division (A) of this section shall be permitted to  1544
cast a provisional ballot as follows:  1545
       (1) An election official at the polling place shall notify  1546
the individual that the individual may cast a provisional ballot  1547
in that election.  1548
       (2) Except as otherwise provided in division (F) of this  1549
section, the individual shall complete and execute a written  1550
affirmation before an election official at the polling place  1551
stating that the individual is both of the following:  1552
       (a) A registered voter in the precinct in which the  1553
individual desires to vote;  1554
S. B. No. 260  Page 55
As Introduced
       (b) Eligible to vote in that election.  1555
       (3) An election official at the polling place shall  1556
transmit the ballot cast by the individual and the voter  1557
information contained in the written affirmation executed by the  1558
individual under division (B)(2) of this section to an  1559
appropriate local election official for verification under  1560
division (B)(4) of this section.  1561
       (4) If the appropriate local election official to whom the  1562
ballot or voter or address information is transmitted under  1563
division (B)(3) of this section determines that the individual  1564
is eligible to vote, the individual's provisional ballot shall  1565
be counted as a vote in that election.  1566
       (5)(a) At the time that an individual casts a provisional  1567
ballot, the appropriate local election official shall give the  1568
individual written information that states that any individual  1569
who casts a provisional ballot will be able to ascertain under  1570
the system established under division (B)(5)(b) of this section  1571
whether the vote was counted, and, if the vote was not counted,  1572
the reason that the vote was not counted.  1573
       (b) The appropriate state or local election official shall  1574
establish a free access system, in the form of a toll-free  1575
telephone number, that any individual who casts a provisional  1576
ballot may access to discover whether the vote of that  1577
individual was counted, and, if the vote was not counted, the  1578
reason that the vote was not counted. The free access system  1579
established under this division also shall provide to an  1580
individual whose provisional ballot was not counted information  1581
explaining how that individual may contact the board of  1582
elections to register to vote or to resolve problems with the  1583
individual's voter registration.  1584
S. B. No. 260  Page 56
As Introduced
       The appropriate state or local election official shall  1585
establish and maintain reasonable procedures necessary to  1586
protect the security, confidentiality, and integrity of personal  1587
information collected, stored, or otherwise used by the free  1588
access system established under this division. The system shall  1589
permit an individual only to gain access to information about  1590
the individual's own provisional ballot.  1591
       (6) If, at the time that an individual casts a provisional  1592
ballot, the individual provides photo identification, the  1593
individual shall record the type of identification provided on  1594
the provisional ballot affirmation and, if the individual  1595
provides an Ohio driver's license, state identification card, or  1596
interim identification document, the individual also shall write  1597
the individual's driver's license or state identification card  1598
number on the provisional ballot affirmation.  1599
       (7)(a) For a provisional ballot to be eligible to be  1600
counted when it is cast by an individual who does not have photo  1601
identification because the individual has a religious objection  1602
to being photographed, the individual shall complete an  1603
affidavit of religious objection under section 3505.19 of the  1604
Revised Code. The election officials shall attach the affidavit  1605
to the individual's provisional ballot envelope. If the  1606
individual does not complete the affidavit at the time of  1607
casting the provisional ballot, the individual may appear at the  1608
office of the board of elections within four days after the day  1609
of the election and complete the affidavit.  1610
       (b) For a provisional ballot to be eligible to be counted  1611
when it is cast by any other individual who does not have or is  1612
unable to provide photo identification to the election  1613
officials, the individual who cast that ballot, within four days  1614
S. B. No. 260  Page 57
As Introduced
after the day of the election, shall appear at the office of the  1615
board of elections and provide photo identification.  1616
       (8) For a provisional ballot cast by an individual who has  1617
been successfully challenged under section 3505.20 of the  1618
Revised Code to be eligible to be counted, the individual who  1619
cast that ballot, within four days after the day of that  1620
election, shall provide to the board of elections any  1621
identification or other documentation required to be provided by  1622
the applicable challenge questions asked of that individual  1623
under section 3505.20 of the Revised Code.  1624
       (C)(1) If an individual declares that the individual is  1625
eligible to vote in a precinct other than the precinct in which  1626
the individual desires to vote, or if, upon review of the  1627
precinct voting location guide using the residential street  1628
address provided by the individual, an election official at the  1629
precinct at which the individual desires to vote determines that  1630
the individual is not eligible to vote in that precinct, the  1631
election official shall direct the individual to the precinct  1632
and polling place in which the individual appears to be eligible  1633
to vote, explain that the individual may cast a provisional  1634
ballot at the current location but the ballot or a portion of  1635
the ballot will not be counted if it is cast in the wrong  1636
precinct, and provide the telephone number of the board of  1637
elections in case the individual has additional questions.  1638
       (2) If the individual refuses to travel to the correct  1639
precinct or to the office of the board of elections to cast a  1640
ballot, the individual shall be permitted to vote a provisional  1641
ballot at that precinct in accordance with division (B) of this  1642
section. If the individual is in the correct polling location  1643
for the precinct in which the individual is registered and  1644
S. B. No. 260  Page 58
As Introduced
eligible to vote, the election official shall complete and sign,  1645
under penalty of election falsification, a form that includes  1646
all of the following, and attach the form to the individual's  1647
provisional ballot affirmation:  1648
       (a) The name or number of the individual's correct  1649
precinct;  1650
       (b) A statement that the election official instructed the  1651
individual to travel to the correct precinct to vote;  1652
       (c) A statement that the election official informed the  1653
individual that casting a provisional ballot in the wrong  1654
precinct would result in all or a portion of the votes on the  1655
ballot being rejected;  1656
       (d) The name or number of the precinct in which the  1657
individual is casting a provisional ballot; and  1658
       (e) The name of the polling location in which the  1659
individual is casting a provisional ballot.  1660
       (D) The appropriate local election official shall cause  1661
voting information to be publicly posted at each polling place  1662
on the day of each election.  1663
       (E) As used in this section and sections 3505.182 and  1664
3505.183 of the Revised Code:  1665
       (1) "Precinct voting location guide" means either of the  1666
following:  1667
       (a) An electronic or paper record that lists the correct  1668
precinct and polling place for either each specific residential  1669
street address in the county or the range of residential street  1670
addresses located in each neighborhood block in the county;  1671
S. B. No. 260  Page 59
As Introduced
       (b) Any other method that a board of elections creates  1672
that allows a precinct election official or any elector who is  1673
at a polling place in that county to determine the correct  1674
precinct and polling place of any qualified elector who resides  1675
in the county.  1676
       (2) "Voting information" means all of the following:  1677
       (a) A sample version of the ballot that will be used for  1678
that election;  1679
       (b) Information regarding the date of the election and the  1680
hours during which polling places will be open;  1681
       (c) Instructions on how to vote, including how to cast a  1682
vote and how to cast a provisional ballot;  1683
       (d) Instructions for mail-in registrants and first-time  1684
voters under applicable federal and state laws;  1685
       (e) General information on voting rights under applicable  1686
federal and state laws, including information on the right of an  1687
individual to cast a provisional ballot and instructions on how  1688
to contact the appropriate officials if these rights are alleged  1689
to have been violated;  1690
       (f) General information on federal and state laws  1691
regarding prohibitions against acts of fraud and  1692
misrepresentation.  1693
       (F) Nothing in this section or section 3505.183 of the  1694
Revised Code is in derogation of section 3505.24 of the Revised  1695
Code, which permits a blind, disabled, or illiterate elector to  1696
receive assistance in the marking of the elector's ballot by two  1697
precinct election officials of different political parties. A  1698
blind, disabled, or illiterate elector may receive assistance in  1699
S. B. No. 260  Page 60
As Introduced
marking that elector's provisional ballot and in completing the  1700
required affirmation in the same manner as an elector may  1701
receive assistance on the day of an election under that section.  1702
       Sec. 3509.02. (A) Any qualified elector may vote by absent  1703
voter's ballots at an election.  1704
       (B) Any qualified elector who is unable to appear at the  1705
office of the board of elections or, if pursuant to division (C)  1706
of section 3501.10 of the Revised Code the board has designated  1707
another location in the county at which registered electors may  1708
vote, at that other location on account of personal illness,  1709
physical disability, or infirmity, and who moves from one  1710
precinct to another within a county, changes the elector's name  1711
and moves from one precinct to another within a county, or moves  1712
from one county to another county within the state, on or prior  1713
to the day of a general, primary, or special election and has  1714
not filed a notice of change of residence or change of name  1715
voter registration update form may vote by absent voter's  1716
ballots in that election as specified in division (G) (E) of  1717
section 3503.16 of the Revised Code.  1718
       Sec. 3509.03. (A) Except as otherwise provided in sections  1719
3509.051, 3511.02, and 3511.021 of the Revised Code, any  1720
qualified elector desiring to vote absent voter's ballots at an  1721
election shall deliver a written application for those ballots,  1722
either in person or by mail, to the board of elections of the  1723
county in which the elector's voting residence is located.  1724
       (B) Except as otherwise permitted under section 3511.02 of  1725
the Revised Code and under division (C) of this section, the  1726
application shall be on a form prescribed by the secretary of  1727
state and shall contain all of the following:  1728
S. B. No. 260  Page 61
As Introduced
        (1) The elector's name;  1729
        (2) The elector's signature;  1730
        (3) The address at which the elector is registered to  1731
vote;  1732
        (4) The elector's date of birth;  1733
        (5) One of the following:  1734
        (a) The elector's Ohio driver's license or state  1735
identification card number;  1736
        (b) The last four digits of the elector's social security  1737
number;  1738
        (c) A copy of the elector's photo identification.  1739
        (6) A statement identifying the election for which absent  1740
voter's ballots are requested;  1741
        (7) A statement that the person requesting the ballots is  1742
a qualified elector;  1743
        (8) If the request is for primary election ballots, the  1744
elector's political party affiliation whose ballot the elector  1745
wishes to cast or an indication that the elector wishes to cast  1746
an issues-only ballot;  1747
        (9) If the elector desires ballots to be mailed to the  1748
elector, the address to which those ballots shall be mailed.  1749
        (C) If the elector has a confidential voter registration  1750
record, as described in section 111.44 of the Revised Code, the  1751
elector may provide the elector's program participant  1752
identification number instead of the address at which the  1753
elector is registered to vote.  1754
S. B. No. 260  Page 62
As Introduced
       (D) Except as otherwise provided in division (A) of  1755
section 3509.051 and in division (B) of section 3509.08 of the  1756
Revised Code, an application to receive absent voter's ballots  1757
shall be delivered to the office of the board not earlier than  1758
the first day of January of the year of the elections for which  1759
the absent voter's ballots are requested or not earlier than  1760
ninety days before the day of the election at which the ballots  1761
are to be voted, whichever is earlier, and not later than the  1762
close of business on the seventh day before the day of the  1763
election at which the ballots are to be voted.  1764
       (E) Except as permitted under section 111.31 of the  1765
Revised Code, no public office, and no public official or  1766
employee who is acting in an official capacity, shall do either  1767
of the following:  1768
       (1) Prepay the return postage for an application for  1769
absent voter's ballots;  1770
       (2) Mail or otherwise deliver an unsolicited application  1771
for absent voter's ballots to any person.  1772
       (F)(1) Except as otherwise provided in division (F)(2) of  1773
this section and in sections 3505.24 and 3509.08 of the Revised  1774
Code, no person shall preprint or fill out any portion of an  1775
application for absent voter's ballots on behalf of an  1776
applicant.  1777
       (2) The secretary of state or a board of elections may  1778
preprint only an applicant's name and address on an application  1779
for absent voter's ballots before mailing that application to  1780
the applicant, except that if the applicant has a confidential  1781
voter registration record, the secretary of state or a board of  1782
elections shall not preprint the applicant's address on the  1783
S. B. No. 260  Page 63
As Introduced
application.  1784
       (3) A completed application for absent voter's ballots is  1785
not valid if any portion of it has been completed by any person  1786
other than the applicant in violation of division (F) of this  1787
section.  1788
       Sec. 3509.04. (A) If a board of elections receives an  1789
application for absent voter's ballots that does not contain all  1790
of the required information or is not submitted on an  1791
appropriate form, the board promptly shall notify the applicant  1792
of the additional information required to be provided by the  1793
applicant to complete that application, direct the applicant to  1794
use an appropriate form, or both, as applicable.  1795
       (B) Upon receipt by the board of elections of an  1796
application for absent voter's ballots that contains all of the  1797
required information and is submitted on an appropriate form, as  1798
provided by section 3509.03 and division (G) (E) of section  1799
3503.16 of the Revised Code, the board, if the board finds that  1800
the applicant is a qualified elector, shall deliver to the  1801
applicant in person or mail directly to the applicant by special  1802
delivery mail, air mail, or regular mail, postage prepaid,  1803
proper absent voter's ballots. The board shall deliver or mail  1804
with the ballots an unsealed identification envelope upon the  1805
face of which shall be printed a form substantially as follows:  1806
  "Identification Envelope Statement of Voter  1807
       I, ________________________(Name of voter), declare under  1808
penalty of election falsification that the within ballot or  1809
ballots contained no voting marks of any kind when I received  1810
them, and I caused the ballot or ballots to be marked, enclosed  1811
in the identification envelope, and sealed in that envelope.  1812
S. B. No. 260  Page 64
As Introduced
       My voting residence in Ohio is  1813
________________________________________________________________  1814
       (Street and Number, if any, or Rural Route and Number)  1815
of ________________________________ (City, Village, or Township)  1816
Ohio, which is in Ward _____________ Precinct ________________  1817
in that city, village, or township.  1818
       If I have a confidential voter registration record, I am  1819
providing my program participant identification number instead  1820
of my residence address: ________________________  1821
       The If this election is a primary election ballots, if  1822
any, within this envelope are primary election ballots : (check  1823
one)  1824
       ___ I have cast the ballot of the _____________ Party;  1825
       ___ I have cast an issues-only ballot.  1826
       Ballots contained within this envelope are to be voted at  1827
the __________ (general, special, or primary) election to be  1828
held on the __________________________ day of  1829
______________________, ____.  1830
       My date of birth is _______________ (Month and Day),  1831
__________ (Year).  1832
       (Voter must provide one of the following:)  1833
       My Ohio driver's license or state identification card  1834
number is _______________ (Driver's license or state  1835
identification card number).  1836
       The last four digits of my Social Security Number are  1837
_______________ (Last four digits of Social Security Number).  1838
S. B. No. 260  Page 65
As Introduced
       ______ In lieu of providing a driver's license or state  1839
identification card number or the last four digits of my Social  1840
Security Number, I am enclosing a copy of my photo  1841
identification in the return envelope in which this  1842
identification envelope will be mailed.  1843
       I hereby declare, under penalty of election falsification,  1844
that the statements above are true, as I verily believe.  1845
  _________________________  1846
  (Signature of Voter)  1847
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF  1848
THE FIFTH DEGREE."  1849
       The board shall mail with the ballots and the unsealed  1850
identification envelope an unsealed return envelope upon the  1851
face of which shall be printed the post-office address of the  1852
board. In the upper left corner on the face of the return  1853
envelope, several blank lines shall be printed upon which the  1854
voter may write the voter's name and return address. The return  1855
envelope shall be of such size that the identification envelope  1856
can be conveniently placed within it for returning the  1857
identification envelope to the board.  1858
       No public office, and no public official or employee who  1859
is acting in an official capacity, shall prepay the return  1860
postage for any absent voter's ballots.  1861
       Except as otherwise provided in this section and in  1862
sections 3505.24 and 3509.08 of the Revised Code, an election  1863
official shall not fill out any portion of an identification  1864
envelope statement of voter or an absent voter's ballot on  1865
behalf of an elector. A board of elections may preprint only an  1866
elector's name and address on an identification envelope  1867
S. B. No. 260  Page 66
As Introduced
statement of voter before mailing absent voter's ballots to the  1868
elector, except that if the elector has a confidential voter  1869
registration record, as described in section 111.44 of the  1870
Revised Code, the board of elections shall not preprint the  1871
elector's address on the identification envelope statement of  1872
voter.  1873
       Sec. 3509.08. (A) Any qualified elector, who, on account  1874
of the elector's own personal illness, physical disability, or  1875
infirmity, or on account of the elector's confinement in a jail  1876
or workhouse under sentence for a misdemeanor or awaiting trial  1877
on a felony or misdemeanor, will be unable to travel from the  1878
elector's home or place of confinement to the voting booth in  1879
the elector's precinct on the day of any general, special, or  1880
primary election may make application in writing for an absent  1881
voter's ballot to the board of elections of the elector's county  1882
in the manner described in section 3509.03 of the Revised Code.  1883
The application shall state the nature of the elector's illness,  1884
physical disability, or infirmity, or the fact that the elector  1885
is confined in a jail or workhouse and the elector's resultant  1886
inability to travel to the election booth in the elector's  1887
precinct on election day.  1888
       The absent voter's ballot may be mailed directly to the  1889
applicant at the applicant's voting residence or place of  1890
confinement as stated in the applicant's application, or the  1891
board may designate two board employees belonging to the two  1892
major political parties for the purpose of delivering the ballot  1893
to the disabled or confined elector and returning it to the  1894
board, unless the applicant is confined to a public or private  1895
institution within the county, in which case the board shall  1896
designate two board employees belonging to the two major  1897
political parties for the purpose of delivering the ballot to  1898
S. B. No. 260  Page 67
As Introduced
the disabled or confined elector and returning it to the board.  1899
In all other instances, the ballot shall be returned to the  1900
office of the board in the manner prescribed in section 3509.05  1901
of the Revised Code.  1902
       Any disabled or confined elector who declares to the two  1903
board employees belonging to the two major political parties  1904
that the elector is unable to mark the elector's ballot by  1905
reason of physical infirmity that is apparent to the employees  1906
to be sufficient to incapacitate the voter from marking the  1907
elector's ballot properly, may receive, upon request, the  1908
assistance of the employees in marking the elector's ballot, and  1909
they shall thereafter give no information in regard to this  1910
matter. Such assistance shall not be rendered for any other  1911
cause.  1912
       When two board employees belonging to the two major  1913
political parties deliver a ballot to a disabled or confined  1914
elector, each of the employees shall be present when the ballot  1915
is delivered, when assistance is given, and when the ballot is  1916
returned to the office of the board, and shall subscribe to the  1917
declaration on the identification envelope.  1918
       The secretary of state shall prescribe the form of  1919
application for absent voter's ballots under this division.  1920
       This chapter applies to disabled and confined absent  1921
voter's ballots except as otherwise provided in this section.  1922
       (B)(1) Any qualified elector who is unable to travel to  1923
the voting booth in the elector's precinct on the day of any  1924
general, special, or primary election may apply to the board of  1925
elections of the county where the elector is a qualified elector  1926
to vote in the election by absent voter's ballot if either of  1927
S. B. No. 260  Page 68
As Introduced
the following apply:  1928
       (a) The elector is confined in a hospital as a result of  1929
an accident or unforeseeable medical emergency occurring before  1930
the election;  1931
       (b) The elector's minor child is confined in a hospital as  1932
a result of an accident or unforeseeable medical emergency  1933
occurring before the election.  1934
       (2) The application authorized under division (B)(1) of  1935
this section shall be made in writing in the manner described in  1936
section 3509.03 of the Revised Code, except that the application  1937
shall be delivered to the office of the board not later than  1938
three p.m. on the day of the election. The application shall  1939
indicate the hospital where the applicant or the applicant's  1940
child is confined, the date of the applicant's or the  1941
applicant's child's admission to the hospital, and the offices  1942
for which the applicant is qualified to vote. The applicant may  1943
also request that a member of the applicant's family, as listed  1944
in section 3509.05 of the Revised Code, deliver the absent  1945
voter's ballot to the applicant. The board, after establishing  1946
to the board's satisfaction the validity of the circumstances  1947
claimed by the applicant, shall supply an absent voter's ballot  1948
to be delivered to the applicant. When the applicant or the  1949
applicant's child is in a hospital in the county where the  1950
applicant is a qualified elector and no request is made for a  1951
member of the family to deliver the ballot, the board shall  1952
arrange for the delivery of an absent voter's ballot to the  1953
applicant, and for its return to the office of the board, by two  1954
board employees belonging to the two major political parties  1955
according to the procedures prescribed in division (A) of this  1956
section. When the applicant or the applicant's child is in a  1957
S. B. No. 260  Page 69
As Introduced
hospital outside the county where the applicant is a qualified  1958
elector and no request is made for a member of the family to  1959
deliver the ballot, the board shall arrange for the delivery of  1960
an absent voter's ballot to the applicant by mail, and the  1961
ballot shall be returned to the office of the board in the  1962
manner prescribed in section 3509.05 of the Revised Code.  1963
       (3) Any qualified elector who is eligible to vote under  1964
division (B) or (C) of section 3503.16 of the Revised Code but  1965
is unable to do so because of the circumstances described in  1966
division (B)(2) of this section may vote in accordance with  1967
division (B)(1) of this section if that qualified elector states  1968
in the application for absent voter's ballots that that  1969
qualified elector moved or had a change of name under the  1970
circumstances described in division (B) or (C) of section  1971
3503.16 of the Revised Code and if that qualified elector  1972
complies with divisions (G)(1) (E)(1) to (4) of section 3503.16  1973
of the Revised Code.  1974
       (C) Any qualified elector described in division (A) or (B)  1975
(1) of this section who needs no assistance to vote or to return  1976
absent voter's ballots to the board of elections may apply for  1977
absent voter's ballots under section 3509.03 of the Revised Code  1978
instead of applying for them under this section or may cast  1979
absent voter's ballots in person under section 3509.051 of the  1980
Revised Code.  1981
       (D) Any qualified elector described in division (A) or (B)  1982
(1) of this section to whom ballots are delivered by two  1983
employees of the board of elections or who votes with the  1984
assistance of two employees of the board of elections shall be  1985
considered to have cast absent voter's ballots by mail, rather  1986
than in person, for the purpose of the laws governing voter  1987
S. B. No. 260  Page 70
As Introduced
identification.  1988
       Sec. 3513.041. A write-in space shall be provided on the  1989
ballot for every office, except in an election for which the  1990
board of elections has received no valid declarations of intent  1991
to be a write-in candidate under this section. Write-in votes  1992
shall not be counted for any candidate who has not filed a  1993
declaration of intent to be a write-in candidate pursuant to  1994
this section. A qualified person who has filed a declaration of  1995
intent may receive write-in votes at either a primary or general  1996
election. Any candidate shall file a declaration of intent to be  1997
a write-in candidate before four p.m. of the seventy-second day  1998
preceding the election at which such candidacy is to be  1999
considered. If the election is to be determined by electors of a  2000
county or a district or subdivision within the county, such  2001
declaration shall be filed with the board of elections of that  2002
county. If the election is to be determined by electors of a  2003
subdivision located in more than one county, such declaration  2004
shall be filed with the board of elections of the county in  2005
which the major portion of the population of such subdivision is  2006
located. If the election is to be determined by electors of a  2007
district comprised of more than one county but less than all of  2008
the counties of the state, such declaration shall be filed with  2009
the board of elections of the most populous county in such  2010
district. Any candidate for an office to be voted upon by  2011
electors throughout the entire state shall file a declaration of  2012
intent to be a write-in candidate with the secretary of state  2013
before four p.m. of the seventy-second day preceding the  2014
election at which such candidacy is to be considered. In  2015
addition, candidates for president and vice-president of the  2016
United States shall also file with the secretary of state by  2017
that seventy-second day a slate of presidential electors  2018
S. B. No. 260  Page 71
As Introduced
sufficient in number to satisfy the requirements of the United  2019
States constitution.  2020
       A board of elections shall not accept for filing the  2021
declaration of intent to be a write-in candidate of a person  2022
seeking to become a candidate if that person, for the same  2023
election, has already filed a declaration of candidacy, a  2024
declaration of intent to be a write-in candidate, or a  2025
nominating petition, or has become a candidate through party  2026
nomination at a primary election or by the filling of a vacancy  2027
under section 3513.30 or 3513.31 of the Revised Code, for any  2028
federal, state, or county office, if the declaration of intent  2029
to be a write-in candidate is for a state or county office, or  2030
for any municipal or township office, for member of a city,  2031
local, or exempted village board of education, or for member of  2032
a governing board of an educational service center, if the  2033
declaration of intent to be a write-in candidate is for a  2034
municipal or township office, or for member of a city, local, or  2035
exempted village board of education, or for member of a  2036
governing board of an educational service center.  2037
       No person shall file a declaration of intent to be a  2038
write-in candidate for the office of governor unless the  2039
declaration also shows the intent of another person to be a  2040
write-in candidate for the office of lieutenant governor. No  2041
person shall file a declaration of intent to be a write-in  2042
candidate for the office of lieutenant governor unless the  2043
declaration also shows the intent of another person to be a  2044
write-in candidate for the office of governor. No person shall  2045
file a declaration of intent to be a write-in candidate for the  2046
office of governor or lieutenant governor if the person has  2047
previously filed a declaration of intent to be a write-in  2048
candidate to the office of governor or lieutenant governor at  2049
S. B. No. 260  Page 72
As Introduced
the same primary or general election. A write-in vote for the  2050
two candidates who file such a declaration shall be counted as a  2051
vote for them as joint candidates for the offices of governor  2052
and lieutenant governor.  2053
       The secretary of state shall not accept for filing the  2054
declaration of intent to be a write-in candidate of a person for  2055
the office of governor unless the declaration also shows the  2056
intent of another person to be a write-in candidate for the  2057
office of lieutenant governor, shall not accept for filing the  2058
declaration of intent to be a write-in candidate of a person for  2059
the office of lieutenant governor unless the declaration also  2060
shows the intent of another person to be a write-in candidate  2061
for the office of governor, and shall not accept for filing the  2062
declaration of intent to be a write-in candidate of a person to  2063
the office of governor or lieutenant governor if that person,  2064
for the same election, has already filed a declaration of  2065
candidacy, a declaration of intent to be a write-in candidate,  2066
or a nominating petition, or has become a candidate through  2067
party nomination at a primary election or by the filling of a  2068
vacancy under section 3513.30 or 3513.31 of the Revised Code,  2069
for any other state office or any federal or county office.  2070
       Protests against the candidacy of any person filing a  2071
declaration of intent to be a write-in candidate may be filed by  2072
any qualified elector who is eligible to vote in the election at  2073
which the candidacy is to be considered. The protest shall be in  2074
writing and shall be filed not later than four p.m. of the  2075
sixty-seventh day before the day of the election. The protest  2076
shall be filed with the board of elections with which the  2077
declaration of intent to be a write-in candidate was filed. Upon  2078
the filing of the protest, the board with which it is filed  2079
shall promptly fix the time for hearing it and shall proceed in  2080
S. B. No. 260  Page 73
As Introduced
regard to the hearing in the same manner as for hearings set for  2081
protests filed under section 3513.05 of the Revised Code. At the  2082
time fixed, the board shall hear the protest and determine the  2083
validity or invalidity of the declaration of intent to be a  2084
write-in candidate. If the board finds that the candidate is not  2085
an elector of the state, district, county, or political  2086
subdivision in which the candidate seeks election to office; is  2087
not affiliated with the political party whose nomination or  2088
office the candidate seeks at a primary election, if applicable;  2089
or has not fully complied with the requirements of Title XXXV of  2090
the Revised Code in regard to the candidate's candidacy, the  2091
candidate's declaration of intent to be a write-in candidate  2092
shall be determined to be invalid and shall be rejected;  2093
otherwise, it shall be determined to be valid. The determination  2094
of the board is final.  2095
       The secretary of state shall prescribe the form of the  2096
declaration of intent to be a write-in candidate.  2097
       Sec. 3513.05. Each person desiring to become a candidate  2098
for a party nomination at a primary election or for election to  2099
an office or position to be voted for at a primary election,  2100
except persons desiring to become joint candidates for the  2101
offices of governor and lieutenant governor and except as  2102
otherwise provided in section 3513.051 of the Revised Code,  2103
shall, not later than four p.m. of the ninetieth day before the  2104
day of the primary election, file a declaration of candidacy and  2105
petition and pay the fees required under divisions (A) and (B)  2106
of section 3513.10 of the Revised Code. The declaration of  2107
candidacy and all separate petition papers shall be filed at the  2108
same time as one instrument. When the offices are to be voted  2109
for at a primary election, persons desiring to become joint  2110
candidates for the offices of governor and lieutenant governor  2111
S. B. No. 260  Page 74
As Introduced
shall, not later than four p.m. of the ninetieth day before the  2112
day of the primary election, comply with section 3513.04 of the  2113
Revised Code. The prospective joint candidates' declaration of  2114
candidacy and all separate petition papers of candidacies shall  2115
be filed at the same time as one instrument. The secretary of  2116
state or a board of elections shall not accept for filing a  2117
declaration of candidacy and petition of a person seeking to  2118
become a candidate if that person, for the same election, has  2119
already filed a declaration of candidacy or a declaration of  2120
intent to be a write-in candidate, or has become a candidate by  2121
the filling of a vacancy under section 3513.30 of the Revised  2122
Code for any federal, state, or county office, if the  2123
declaration of candidacy is for a state or county office, or for  2124
any municipal or township office, if the declaration of  2125
candidacy is for a municipal or township office.  2126
       If the declaration of candidacy declares a candidacy which  2127
is to be submitted to electors throughout the entire state, the  2128
petition, including a petition for joint candidates for the  2129
offices of governor and lieutenant governor, shall be signed by  2130
at least one thousand qualified electors who are members of  2131
affiliated with the same political party as the candidate or  2132
joint candidates, and the declaration of candidacy and petition  2133
shall be filed with the secretary of state; provided that the  2134
secretary of state shall not accept or file any such petition  2135
appearing on its face to contain signatures of more than three  2136
thousand electors.  2137
       Except as otherwise provided in this paragraph, if the  2138
declaration of candidacy is of one that is to be submitted only  2139
to electors within a district, political subdivision, or portion  2140
thereof, the petition shall be signed by not less than fifty  2141
qualified electors who are members of affiliated with the same  2142
S. B. No. 260  Page 75
As Introduced
political party as the political party of which the candidate is  2143
a member. If the declaration of candidacy is for party  2144
nomination as a candidate for member of the legislative  2145
authority of a municipal corporation elected by ward, the  2146
petition shall be signed by not less than twenty-five qualified  2147
electors who are members of affiliated with the same political  2148
party of which as the candidate is a member.  2149
       No such petition, except the petition for a candidacy that  2150
is to be submitted to electors throughout the entire state,  2151
shall be accepted for filing if it appears to contain on its  2152
face signatures of more than three times the minimum number of  2153
signatures. When a petition of a candidate has been accepted for  2154
filing by a board of elections, the petition shall not be deemed  2155
invalid if, upon verification of signatures contained in the  2156
petition, the board of elections finds the number of signatures  2157
accepted exceeds three times the minimum number of signatures  2158
required. A board of elections may discontinue verifying  2159
signatures on petitions when the number of verified signatures  2160
equals the minimum required number of qualified signatures.  2161
       If the declaration of candidacy declares a candidacy for  2162
party nomination or for election as a candidate of a minor  2163
party, the minimum number of signatures on such petition is one-  2164
half the minimum number provided in this section, except that,  2165
when the candidacy is one for election as a member of the state  2166
central committee or the county central committee of a political  2167
party, the minimum number shall be the same for a minor party as  2168
for a major party.  2169
       If a declaration of candidacy is one for election as a  2170
member of the state central committee or the county central  2171
committee of a political party, the petition shall be signed by  2172
S. B. No. 260  Page 76
As Introduced
five qualified electors of the district, county, ward, township,  2173
or precinct within which electors may vote for such candidate.  2174
The electors signing such petition shall be members of  2175
affiliated with the same political party as the political party  2176
of which the candidate is a member.  2177
       For purposes of signing or circulating a petition of  2178
candidacy for party nomination or election, an elector is  2179
considered to be a member of a political party if the elector  2180
voted in that party's primary election within the preceding two  2181
calendar years, or if the elector did not vote in any other  2182
party's primary election within the preceding two calendar  2183
years.  2184
       If the declaration of candidacy is of one that is to be  2185
submitted only to electors within a county, or within a district  2186
or subdivision or part thereof smaller than a county, the  2187
petition shall be filed with the board of elections of the  2188
county. If the declaration of candidacy is of one that is to be  2189
submitted only to electors of a district or subdivision or part  2190
thereof that is situated in more than one county, the petition  2191
shall be filed with the board of elections of the county within  2192
which the major portion of the population thereof, as  2193
ascertained by the next preceding federal census, is located.  2194
       A petition shall consist of separate petition papers, each  2195
of which shall contain signatures of electors of only one  2196
county. Petitions or separate petition papers containing  2197
signatures of electors of more than one county shall not thereby  2198
be declared invalid. In case petitions or separate petition  2199
papers containing signatures of electors of more than one county  2200
are filed, the board shall determine the county from which the  2201
majority of signatures came, and only signatures from such  2202
S. B. No. 260  Page 77
As Introduced
county shall be counted. Signatures from any other county shall  2203
be invalid.  2204
       Each separate petition paper shall be circulated by one  2205
person only, who shall be the candidate or a joint candidate or  2206
a member of person who is affiliated with the same political  2207
party as the candidate or joint candidates, and each separate  2208
petition paper shall be governed by the rules set forth in  2209
section 3501.38 of the Revised Code.  2210
       The secretary of state shall promptly transmit to each  2211
board such separate petition papers of each petition  2212
accompanying a declaration of candidacy filed with the secretary  2213
of state as purport to contain signatures of electors of the  2214
county of such board. The board of the most populous county of a  2215
district shall promptly transmit to each board within such  2216
district such separate petition papers of each petition  2217
accompanying a declaration of candidacy filed with it as purport  2218
to contain signatures of electors of the county of each such  2219
board. The board of a county within which the major portion of  2220
the population of a subdivision, situated in more than one  2221
county, is located, shall promptly transmit to the board of each  2222
other county within which a portion of such subdivision is  2223
located such separate petition papers of each petition  2224
accompanying a declaration of candidacy filed with it as purport  2225
to contain signatures of electors of the portion of such  2226
subdivision in the county of each such board.  2227
       All petition papers so transmitted to a board and all  2228
petitions accompanying declarations of candidacy filed with a  2229
board shall, under proper regulations, be open to public  2230
inspection until four p.m. of the eightieth day before the day  2231
of the next primary election. Each board shall, not later than  2232
S. B. No. 260  Page 78
As Introduced
the seventy-eighth day before the day of that primary election,  2233
examine and determine the validity or invalidity of the  2234
signatures on the petition papers so transmitted to or filed  2235
with it and shall return to the secretary of state all petition  2236
papers transmitted to it by the secretary of state, together  2237
with its certification of its determination as to the validity  2238
or invalidity of signatures thereon, and shall return to each  2239
other board all petition papers transmitted to it by such board,  2240
together with its certification of its determination as to the  2241
validity or invalidity of the signatures thereon. All other  2242
matters affecting the validity or invalidity of such petition  2243
papers shall be determined by the secretary of state or the  2244
board with whom such petition papers were filed.  2245
       For purposes of being eligible to sign or circulate a  2246
petition of candidacy for party nomination or election, an  2247
elector is considered to be affiliated with a political party  2248
if, at the time the petition is verified, the elector is  2249
affiliated with that party as determined under section 3503.071  2250
of the Revised Code.  2251
       Protests against the candidacy of any person filing a  2252
declaration of candidacy for party nomination or for election to  2253
an office or position, as provided in this section, may be filed  2254
by any qualified elector who is a member of affiliated with the  2255
same political party as the candidate and who is eligible to  2256
vote at the primary election for the candidate whose declaration  2257
of candidacy the elector objects to, or by the controlling  2258
committee of that political party. The protest shall be in  2259
writing, and shall be filed not later than four p.m. of the  2260
seventy-fourth day before the day of the primary election. The  2261
protest shall be filed with the election officials with whom the  2262
declaration of candidacy and petition was filed. Upon the filing  2263
S. B. No. 260  Page 79
As Introduced
of the protest, the election officials with whom it is filed  2264
shall promptly fix the time for hearing it, and shall forthwith  2265
mail notice of the filing of the protest and the time fixed for  2266
hearing to the person whose candidacy is so protested. They  2267
shall also forthwith mail notice of the time fixed for such  2268
hearing to the person who filed the protest. At the time fixed,  2269
such election officials shall hear the protest and determine the  2270
validity or invalidity of the declaration of candidacy and  2271
petition. If they find that such candidate is not an elector of  2272
the state, district, county, or political subdivision in which  2273
the candidate seeks a party nomination or election to an office  2274
or position, is not affiliated with the political party, or has  2275
not fully complied with this chapter, the candidate's  2276
declaration of candidacy and petition shall be determined to be  2277
invalid and shall be rejected; otherwise, it shall be determined  2278
to be valid. That determination shall be final.  2279
       A protest against the candidacy of any persons filing a  2280
declaration of candidacy for joint party nomination to the  2281
offices of governor and lieutenant governor shall be filed,  2282
heard, and determined in the same manner as a protest against  2283
the candidacy of any person filing a declaration of candidacy  2284
singly.  2285
       The secretary of state shall, on the seventieth day before  2286
the day of a primary election, certify to each board in the  2287
state the forms of the official ballots to be used at the  2288
primary election, together with the names of the candidates to  2289
be printed on the ballots whose nomination or election is to be  2290
determined by electors throughout the entire state and who filed  2291
valid declarations of candidacy and petitions.  2292
       The board of the most populous county in a district  2293
S. B. No. 260  Page 80
As Introduced
comprised of more than one county but less than all of the  2294
counties of the state shall, on the seventieth day before the  2295
day of a primary election, certify to the board of each county  2296
in the district the names of the candidates to be printed on the  2297
official ballots to be used at the primary election, whose  2298
nomination or election is to be determined only by electors  2299
within the district and who filed valid declarations of  2300
candidacy and petitions.  2301
       The board of a county within which the major portion of  2302
the population of a subdivision smaller than the county and  2303
situated in more than one county is located shall, on the  2304
seventieth day before the day of a primary election, certify to  2305
the board of each county in which a portion of that subdivision  2306
is located the names of the candidates to be printed on the  2307
official ballots to be used at the primary election, whose  2308
nomination or election is to be determined only by electors  2309
within that subdivision and who filed valid declarations of  2310
candidacy and petitions.  2311
       Sec. 3513.07. The form of declaration of candidacy and  2312
petition of a person desiring to be a candidate for a party  2313
nomination or a candidate for election to an office or position  2314
to be voted for at a primary election shall be substantially as  2315
follows:  2316
  "DECLARATION OF CANDIDACY PARTY PRIMARY ELECTION  2317
       I, ___________________________ (Name of Candidate), the  2318
undersigned, hereby declare under penalty of election  2319
falsification that my voting residence is in _______________  2320
precinct of the _____________________________ (Township) or  2321
(Ward and City or Village) in the county of ________________,  2322
Ohio; that my voting residence is _______________ (Street and  2323
S. B. No. 260  Page 81
As Introduced
Number, if any, or Rural Route and Number) of the  2324
_____________________________ (City or Village) of  2325
_________________, Ohio; and that I am a qualified elector in  2326
the precinct in which my voting residence is located. I am a  2327
member of affiliated with the ________ Party. I hereby declare  2328
that I desire to be ____________________ (a candidate for  2329
nomination as a candidate of the Party for election to the  2330
office of _____________) (a candidate for election to the office  2331
or position of ______________) for the ____________ in the  2332
state, district, (Full term or unexpired term ending  2333
_______________) county, city, or village of  2334
___________________, at the primary election to be held on the  2335
_____________ day of _________, ____, and I hereby request that  2336
my name be printed upon the official primary election ballot of  2337
the said __________ Party as a candidate for _________ (such  2338
nomination) or (such election) as provided by law.  2339
       I further declare that, if elected to said office or  2340
position, I will qualify therefor, and that I will support and  2341
abide by the principles enunciated by the ____________ Party.  2342
       Dated this __________ day of _________________, _________  2343
  __________________________________  2344
  (Signature of candidate)  2345
       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A  2346
FELONY OF THE FIFTH DEGREE.  2347
  PETITION OF CANDIDATE  2348
       We, the undersigned, qualified electors of the state of  2349
Ohio, whose voting residence is in the county, city, village,  2350
ward, township, or school district, and precinct set opposite  2351
our names, and members of affiliated with the  2352
S. B. No. 260  Page 82
As Introduced
_______________________________________ Party, hereby certify  2353
that ____________________________ (Name of candidate) whose  2354
declaration of candidacy is filed herewith, is a member of  2355
affiliated with the ____________ Party, and is, in our opinion,  2356
well qualified to perform the duties of the office or position  2357
to which that candidate desires to be elected.  2358
  Street   City,  2359
  and      Village or  2360
Signature Number     Township  Ward Precinct   County      Date  2361
       (Must use address on file with the board of elections)  2362
________________________________________________________________  2363
________________________________________________________________  2364
________________________________________________________________  2365
-     _______________________________________ (Name of circulator  2366
of petition), declares under penalty of election falsification  2367
that the circulator of the petition is a qualified elector of  2368
the state of Ohio and resides at the address appearing below the  2369
signature of that circulator; that the circulator is a member of  2370
affiliated with the ___________ Party; that the circulator is  2371
the circulator of the foregoing petition paper containing  2372
_____________ (Number) signatures; that the circulator witnessed  2373
the affixing of every signature; that all signers were to the  2374
best of the circulator's knowledge and belief qualified to sign;  2375
and that every signature is to the best of the circulator's  2376
knowledge and belief the signature of the person whose signature  2377
it purports to be or of an attorney in fact acting pursuant to  2378
section 3501.382 of the Revised Code.  2379
  _____________________________  2380
  (Signature of circulator)  2381
S. B. No. 260  Page 83
As Introduced
  ____________________________  2382
  (Address of circulator's  2383
  permanent residence in this  2384
  state)  2385
  _________________________  2386
  (If petition is for a  2387
  statewide candidate, the  2388
  name and address of person  2389
  employing to circulate  2390
  petition, if any)  2391
       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A  2392
FELONY OF THE FIFTH DEGREE."  2393
       The secretary of state shall prescribe a form of  2394
declaration of candidacy and petition, and the form shall be  2395
substantially similar to the declaration of candidacy and  2396
petition set forth in this section, that will be suitable for  2397
joint candidates for the offices of governor and lieutenant  2398
governor.  2399
       The petition provided for in this section shall be  2400
circulated only by a member of an elector who is affiliated with  2401
the same political party as the candidate.  2402
       Sec. 3513.18. (A) Party primaries shall be held at the  2403
same place and time, but there shall be separate pollbooks and  2404
tally sheets provided at each polling place for each party  2405
participating in the election. The pollbooks shall include each  2406
elector's political party affiliation, if any, as of the  2407
S. B. No. 260  Page 84
As Introduced
thirtieth day before the day of the primary election. Except as  2408
otherwise provided in section 3513.19 of the Revised Code, an  2409
elector may change affiliation to a different political party  2410
or, being previously unaffiliated, become affiliated with a  2411
political party by requesting and casting the ballot of that  2412
political party at a primary election.  2413
       (B) If a special election on a question or issue is held  2414
on the day of a primary election, there an elector who does not  2415
wish to be affiliated with any political party may cast an  2416
issues-only ballot that contains only such questions or issues.  2417
If the elector is affiliated with a political party before  2418
casting an issues-only ballot, the elector becomes unaffiliated.  2419
There shall be provided in the pollbooks pages on which shall be  2420
recorded the names of all electors voting on said question or  2421
issue and not voting in such primary who cast an issues-only  2422
ballot. It shall not be necessary for electors desiring to vote  2423
only on the question or issue to declare their political  2424
affiliation.  2425
       Sec. 3513.19. (A) It is the duty of any precinct election  2426
official, whenever any such official doubts that a person  2427
attempting to vote at a primary election is legally entitled to  2428
vote at that election, to challenge the right of that person to  2429
vote. The right of a person to vote at a primary election may be  2430
challenged upon the following grounds:  2431
       (1) That the person whose right to vote is challenged is  2432
not a legally qualified elector;  2433
       (2) That the person has received or has been promised some  2434
valuable reward or consideration for the person's vote;  2435
       (3) That the person is not affiliated with or is not a  2436
S. B. No. 260  Page 85
As Introduced
member of the political party whose ballot the person desires to  2437
vote. Such party affiliation shall be determined by examining  2438
the elector's voting record for the current year and the  2439
immediately preceding two calendar years as shown on the voter's  2440
registration card, using the standards of affiliation specified  2441
in the seventh paragraph of section 3513.05 of the Revised Code.  2442
Division (A)(3) of this section and the seventh paragraph of  2443
section 3513.05 of the Revised Code do not prohibit a person who  2444
holds an elective office for which candidates are nominated at a  2445
party primary election from doing any of the following:  2446
       (a) If the person voted as a member of a different  2447
political party at any primary election within the current year  2448
and the immediately preceding two calendar years, being a  2449
candidate for nomination at a party primary held during the  2450
times specified in division (C)(2) of section 3513.191 of the  2451
Revised Code provided that the person complies with the  2452
requirements of that section;  2453
       (b) Circulating the person's own petition of candidacy for  2454
party nomination in the primary election as described in section  2455
3505.20 of the Revised Code. If a majority of the precinct  2456
officials finds that, based on that section, the person is not  2457
entitled to vote at the primary election, the person shall be  2458
permitted to vote a provisional ballot under section 3505.181 of  2459
the Revised Code.  2460
       (B) When the right of a person to vote is challenged upon  2461
the ground set forth in division (A)(3) of this section,  2462
membership in or political affiliation with a political party  2463
shall be determined by the person's If an elector requests the  2464
ballot of a political party with which the elector is not  2465
affiliated, as indicated in the pollbook, and a precinct  2466
S. B. No. 260  Page 86
As Introduced
election official has personal knowledge that the elector does  2467
not desire to be affiliated with that party or does not support  2468
the principles of that party, the precinct election official may  2469
challenge the right of the elector to cast that party's ballot  2470
on that ground. The elector shall be permitted to cast that  2471
party's ballot if the elector signs a statement, made under  2472
penalty of election falsification, that the person elector  2473
desires to be affiliated with and supports the principles of the  2474
political party whose primary ballot the person elector desires  2475
to vote. If the elector refuses to sign such a statement, the  2476
elector shall be permitted to vote a provisional ballot under  2477
section 3505.181 of the Revised Code.  2478
       Sec. 3513.191. (A) No person shall be a candidate for  2479
nomination or election at a party primary if the person voted as  2480
a member of a different is not affiliated with that political  2481
party at any primary election within the current year and the  2482
immediately preceding two calendar years, as determined under  2483
section 3503.071 of the Revised Code.  2484
       (B) Notwithstanding division (A) of this section, either  2485
of the following persons may be candidates for nomination of any  2486
political party at a party primary:  2487
       (1) A person who does not hold an elective office;  2488
       (2) A person who holds an elective office other than one  2489
for which candidates are nominated at a party primary.  2490
       (C)(1) Notwithstanding division (A) of this section, a A  2491
person who holds an elective office for which candidates are  2492
nominated at a party primary may be a candidate at a primary  2493
election held during the times specified in division (C)(2) of  2494
this section for nomination as a candidate of a political party  2495
S. B. No. 260  Page 87
As Introduced
of which the person is prohibited from being a candidate for  2496
nomination under division (A) of this section , other than the  2497
party that most recently nominated the person as a candidate for  2498
the office the person currently holds, only if all of the  2499
following are true:  2500
       (1) The person submits a voter registration update form  2501
reflecting the change of political party affiliation not later  2502
than four p.m. of the thirtieth day before a declaration of  2503
candidacy and petition is required to be filed under section  2504
3513.05 of the Revised Code.  2505
       (2) The person files a declaration of intent to seek the  2506
nomination of that the person's new party and if, by filing the  2507
declaration, the person has not violated division (C)(3) of this  2508
section. The declaration of intent shall:  2509
       (a) Be filed not later than four p.m. of the thirtieth day  2510
before a declaration of candidacy and petition is required to be  2511
filed under section 3513.05 of the Revised Code;  2512
       (b) Be filed with the same official with whom the person  2513
filing the declaration of intent is required to file a  2514
declaration of candidacy and petition;  2515
       (c) Indicate the political party whose nomination in the  2516
primary election the person seeks;  2517
       (d) Be on a form prescribed by the secretary of state.  2518
       (3) The person has not violated division (C) of this  2519
section.  2520
       (2) (C)(1) No person filing a declaration of intent under  2521
division (C)(1) (B) of this section shall be a candidate at any  2522
primary election for nomination for an elective office for which  2523
S. B. No. 260  Page 88
As Introduced
candidates are nominated at a party primary during the calendar  2524
year in which the person files the declaration or during the  2525
next calendar year except as a candidate of the party indicated  2526
under division (C)(1)(c) (B)(2)(c) of this section.  2527
       (3) (2) No person who files a declaration of intent under  2528
division (C)(1) (B)(2) of this section shall file another such  2529
declaration for a period of ten years after the declaration is  2530
filed.  2531
       (4) Notwithstanding the seventh paragraph of section  2532
3513.05 of the Revised Code, a person who complies with this  2533
section may circulate that person's own petition of candidacy  2534
for party nomination at the party primary at which the person  2535
seeks nomination under this section.  2536
       Sec. 3513.257. Each person desiring who is not affiliated  2537
with a political party, as determined under section 3503.071 of  2538
the Revised Code, and who desires to become an independent  2539
candidate for an office for which candidates may be nominated at  2540
a primary election, except persons desiring to become  2541
independent joint candidates for the offices of governor and  2542
lieutenant governor and for the offices of president and vice-  2543
president of the United States, shall file no later than four  2544
p.m. of the day before the day of the primary election  2545
immediately preceding the general election at which such  2546
candidacy is to be voted for by the voters, a statement of  2547
candidacy and nominating petition as provided in section  2548
3513.261 of the Revised Code. Persons desiring to become  2549
independent joint candidates for the offices of governor and  2550
lieutenant governor shall file, not later than four p.m. of the  2551
day before the day of the primary election, one statement of  2552
candidacy and one nominating petition for the two of them.  2553
S. B. No. 260  Page 89
As Introduced
Persons desiring to become independent joint candidates for the  2554
offices of president and vice-president of the United States  2555
shall file, not later than four p.m. of the ninetieth day before  2556
the day of the general election at which the president and vice-  2557
president are to be elected, one statement of candidacy and one  2558
nominating petition for the two of them. The prospective  2559
independent joint candidates' statement of candidacy shall be  2560
filed with the nominating petition as one instrument.  2561
       The statement of candidacy and separate petition papers of  2562
each candidate or pair of joint candidates shall be filed at the  2563
same time as one instrument.  2564
       The nominating petition shall contain signatures of  2565
qualified electors of the district, political subdivision, or  2566
portion of a political subdivision in which the candidacy is to  2567
be voted on in an amount to be determined as follows:  2568
       (A) If the candidacy is to be voted on by electors  2569
throughout the entire state, the nominating petition, including  2570
the nominating petition of independent joint candidates for the  2571
offices of governor and lieutenant governor, shall be signed by  2572
no less than five thousand qualified electors, provided that no  2573
petition shall be accepted for filing if it purports to contain  2574
more than fifteen thousand signatures.  2575
       (B) If the candidacy is to be voted on by electors in any  2576
district, political subdivision, or part thereof in which less  2577
than five thousand electors voted for the office of governor at  2578
the most recent election for that office, the nominating  2579
petition shall contain signatures of not less than twenty-five  2580
qualified electors of the district, political subdivision, or  2581
part thereof, or a number of qualified signatures equal to at  2582
least five per cent of that vote, if this number is less than  2583
S. B. No. 260  Page 90
As Introduced
twenty-five.  2584
       (C) If the candidacy is to be voted on by electors in any  2585
district, political subdivision, or part thereof in which five  2586
thousand or more electors voted for the office of governor at  2587
the most recent election for that office, the nominating  2588
petition shall contain a number of signatures equal to at least  2589
one per cent of those electors.  2590
       All nominating petitions of candidates for offices to be  2591
voted on by electors throughout the entire state shall be filed  2592
in the office of the secretary of state. No nominating petition  2593
for the offices of president and vice-president of the United  2594
States shall be accepted for filing unless there is submitted to  2595
the secretary of state, at the time of filing the petition, a  2596
slate of presidential electors sufficient in number to satisfy  2597
the requirement of the United States Constitution. The secretary  2598
of state shall not accept for filing the statement of candidacy  2599
of a person who desires to be an independent candidate for the  2600
office of governor unless it also shows the joint candidacy of a  2601
person who desires to be an independent candidate for the office  2602
of lieutenant governor, shall not accept for filing the  2603
statement of candidacy of a person who desires to be an  2604
independent candidate for the office of lieutenant governor  2605
unless it also shows the joint candidacy of a person who desires  2606
to be an independent candidate for the office of governor, and  2607
shall not accept for filing the statement of candidacy of a  2608
person who desires to be an independent candidate to the office  2609
of governor or lieutenant governor who, for the same election,  2610
has already filed a declaration of candidacy, a declaration of  2611
intent to be a write-in candidate, or a statement of candidacy,  2612
or has become a candidate by the filling of a vacancy under  2613
section 3513.30 of the Revised Code for any other state office  2614
S. B. No. 260  Page 91
As Introduced
or any federal or county office.  2615
       Nominating petitions of candidates for offices to be voted  2616
on by electors within a district or political subdivision  2617
comprised of more than one county but less than all counties of  2618
the state shall be filed with the boards of elections of that  2619
county or part of a county within the district or political  2620
subdivision which had a population greater than that of any  2621
other county or part of a county within the district or  2622
political subdivision according to the last federal decennial  2623
census.  2624
       Nominating petitions for offices to be voted on by  2625
electors within a county or district smaller than a county shall  2626
be filed with the board of elections for such county.  2627
       No petition other than the petition of a candidate whose  2628
candidacy is to be considered by electors throughout the entire  2629
state shall be accepted for filing if it appears on its face to  2630
contain more than three times the minimum required number of  2631
signatures. A board of elections shall not accept for filing a  2632
nominating petition of a person seeking to become a candidate if  2633
that person, for the same election, has already filed a  2634
declaration of candidacy, a declaration of intent to be a write-  2635
in candidate, or a nominating petition, or has become a  2636
candidate by the filling of a vacancy under section 3513.30 of  2637
the Revised Code for any federal, state, or county office, if  2638
the nominating petition is for a state or county office, or for  2639
any municipal or township office, for member of a city, local,  2640
or exempted village board of education, or for member of a  2641
governing board of an educational service center, if the  2642
nominating petition is for a municipal or township office, or  2643
for member of a city, local, or exempted village board of  2644
S. B. No. 260  Page 92
As Introduced
education, or for member of a governing board of an educational  2645
service center. When a petition of a candidate has been accepted  2646
for filing by a board of elections, the petition shall not be  2647
deemed invalid if, upon verification of signatures contained in  2648
the petition, the board of elections finds the number of  2649
signatures accepted exceeds three times the minimum number of  2650
signatures required. A board of elections may discontinue  2651
verifying signatures when the number of verified signatures on a  2652
petition equals the minimum required number of qualified  2653
signatures.  2654
       Any candidate, other than a candidate for judge of a  2655
municipal court, county court, or court of common pleas, who  2656
files a nominating petition may request, at the time of filing,  2657
that the candidate be designated on the ballot as a nonparty  2658
candidate or as an other-party candidate, or may request that  2659
the candidate's name be placed on the ballot without any  2660
designation. Any such candidate who fails to request a  2661
designation either as a nonparty candidate or as an other-party  2662
candidate shall have the candidate's name placed on the ballot  2663
without any designation.  2664
       The purpose of establishing a filing deadline for  2665
independent candidates prior to the primary election immediately  2666
preceding the general election at which the candidacy is to be  2667
voted on by the voters is to recognize that the state has a  2668
substantial and compelling interest in protecting its electoral  2669
process by encouraging political stability, ensuring that the  2670
winner of the election will represent a majority of the  2671
community, providing the electorate with an understandable  2672
ballot, and enhancing voter education, thus fostering informed  2673
and educated expressions of the popular will in a general  2674
election. The filing deadline for independent candidates  2675
S. B. No. 260  Page 93
As Introduced
required in this section prevents splintered parties and  2676
unrestrained factionalism, avoids political fragmentation, and  2677
maintains the integrity of the ballot. The deadline, one day  2678
prior to the primary election, is the least drastic or  2679
restrictive means of protecting these state interests. The  2680
general assembly finds that the filing deadline for independent  2681
candidates in primary elections required in this section is  2682
reasonably related to the state's purpose of ensuring fair and  2683
honest elections while leaving unimpaired the political, voting,  2684
and associational rights secured by the first and fourteenth  2685
amendments to the United States Constitution.  2686
       Sec. 3517.012. (A)(1) When a party formation petition  2687
meeting the requirements of section 3517.01 of the Revised Code  2688
declaring the intention to organize a political party is filed  2689
with the secretary of state, the new party comes into legal  2690
existence on the date of filing and is entitled to nominate  2691
candidates to appear on the ballot at the general election held  2692
in even-numbered years that occurs more than one hundred twenty-  2693
five days after the date of filing.  2694
       (2)(a) Upon receiving a party formation petition filed  2695
under division (A)(1) of this section, the secretary of state  2696
shall promptly transmit to each board of elections the separate  2697
petition papers that purport to contain signatures of electors  2698
of that board's county.  2699
       (b) Not later than the one hundred eighteenth day before  2700
the day of the general election, each board shall examine and  2701
determine the sufficiency of the signatures on the petition  2702
papers and shall return them to the secretary of state, together  2703
with the board's certification of its determination as to the  2704
validity or invalidity of the signatures on the petition.  2705
S. B. No. 260  Page 94
As Introduced
       (c) Any qualified elector may file a written protest  2706
against the petition with the secretary of state not later than  2707
the one hundred fourteenth day before the day of the general  2708
election. Any such protest shall be resolved in the manner  2709
specified under section 3501.39 of the Revised Code.  2710
       (d) Not later than the ninety-fifth day before the day of  2711
the general election, the secretary of state shall determine  2712
whether the party formation petition is sufficient and shall  2713
notify the committee designated in the petition of that  2714
determination.  2715
       (B)(1) Not later than one hundred ten days before the day  2716
of that general election and not earlier than the day the  2717
applicable party formation petition is filed, each candidate or  2718
pair of joint candidates wishing to appear on the ballot at the  2719
general election as the nominee or nominees of the party that  2720
filed the party formation petition shall file a nominating  2721
petition, on a form prescribed by the secretary of state, that  2722
includes the name of the political party that submitted the  2723
party formation petition. Except as otherwise provided in this  2724
section and sections 3505.03, 3505.08, 3506.11, 3513.31,  2725
3513.311, and 3513.312 of the Revised Code, the provisions of  2726
the Revised Code concerning independent candidates who file  2727
nominating petitions apply to candidates who file nominating  2728
petitions under this section.  2729
       (2)(a) If the candidacy is to be submitted to electors  2730
throughout the entire state, the nominating petition, including  2731
a petition for joint candidates for the offices of governor and  2732
lieutenant governor, shall be signed by at least fifty qualified  2733
electors who have not voted as a member of are not affiliated  2734
with a different political party at any primary election within  2735
S. B. No. 260  Page 95
As Introduced
the current year or the immediately preceding two calendar  2736
years, as determined under section 3503.071 of the Revised Code.  2737
       (b) Except as otherwise provided in this division, if If  2738
the candidacy is to be submitted only to electors within a  2739
district, political subdivision, or portion thereof, the  2740
nominating petition shall be signed by not less than five  2741
qualified electors who have not voted as a member of are not  2742
affiliated with a different political party at any primary  2743
election within the current year or the immediately preceding  2744
two calendar years, as determined under section 3503.071 of the  2745
Revised Code.  2746
       (3)(a) Each board of elections that is responsible to  2747
verify signatures on the nominating petition shall examine and  2748
determine the sufficiency of those signatures not later than the  2749
one hundred fifth day before the day of the general election and  2750
shall be resolved as specified in that section.  2751
       (b) Written protests against the petition may be filed in  2752
the manner specified under section 3513.263 of the Revised Code  2753
not later than the one hundredth day before the general election  2754
and shall be resolved as specified in that section.  2755
       (c) Not later than the ninety-fifth day before the day of  2756
the general election, the secretary of state or the board of  2757
elections, as applicable, shall determine whether the nominating  2758
petition is sufficient and shall notify the candidate and the  2759
committee designated in the party formation petition of that  2760
determination.  2761
       (C)(1) After being notified that the political party has  2762
submitted a sufficient party formation petition under division  2763
(A) of this section, the committee designated in a party  2764
S. B. No. 260  Page 96
As Introduced
formation petition shall, not later than the seventy-fifth day  2765
before the day of the general election, certify to the secretary  2766
of state a slate of candidates consisting of candidates or joint  2767
candidates who submitted sufficient nominating petitions under  2768
division (B) of this section. The slate certifying the  2769
candidates shall be on a form prescribed by the secretary of  2770
state and signed by all of the individuals of the committee  2771
designated in the party formation petition. In no event shall  2772
the slate of candidates include more than one candidate for any  2773
public office or more than one set of joint candidates for the  2774
offices of governor and lieutenant governor. The names of the  2775
candidates or joint candidates so certified shall appear on the  2776
ballot at the general election as that party's nominees for  2777
those offices. For purposes of this division, "joint candidates"  2778
means the joint candidates for the offices of governor and  2779
lieutenant governor.  2780
       (2) If a candidate's nominating petition is insufficient  2781
or if the committee does not certify the candidate's name under  2782
division (C)(1) of this section, the candidate shall not appear  2783
on the ballot in the general election.  2784
       (3) If a party formation petition is insufficient, no  2785
candidate shall appear on the ballot in the general election as  2786
that political party's nominee, regardless of whether any  2787
candidate's nominating petition is sufficient.  2788
       Sec. 3517.013. Section Division (B) of section 3513.191 of  2789
the Revised Code does not apply to persons desiring to become  2790
candidates for party nomination of a newly formed political  2791
party meeting the requirements of sections 3517.011 and 3517.012  2792
of the Revised Code for a period of four calendar years from the  2793
date of the party formation.  2794
S. B. No. 260  Page 97
As Introduced
       Sec. 3599.12. (A) No person shall do any of the following:  2795
       (1) Vote or attempt to vote in any primary, special, or  2796
general election in a precinct in which that person is not a  2797
legally qualified elector;  2798
       (2) Vote or attempt to vote more than once at the same  2799
election by any means, including voting or attempting to vote  2800
both by absent voter's ballots under division (G) (E) of section  2801
3503.16 of the Revised Code and by regular ballot at the polls  2802
at the same election, or voting or attempting to vote both by  2803
absent voter's ballots under division (G) (E) of section 3503.16  2804
of the Revised Code and by absent voter's ballots under Chapter  2805
3509. or armed service absent voter's ballots under Chapter  2806
3511. of the Revised Code at the same election;  2807
       (3) Impersonate or sign the name of another person, real  2808
or fictitious, living or dead, and vote or attempt to vote as  2809
that other person in any such election;  2810
       (4) Cast a ballot at any such election after objection has  2811
been made and sustained to that person's vote;  2812
       (5) Knowingly vote or attempt to vote a ballot other than  2813
the official ballot.  2814
       (B) Whoever violates division (A) of this section is  2815
guilty of a felony of the fourth degree.  2816
       Section 2. That existing sections 3501.01, 3503.09,  2817
3503.10, 3503.11, 3503.14, 3503.15, 3503.153, 3503.16, 3503.19,  2818
3503.20, 3503.23, 3503.28, 3505.181, 3509.02, 3509.03, 3509.04,  2819
3509.08, 3513.041, 3513.05, 3513.07, 3513.18, 3513.19, 3513.191,  2820
3513.257, 3517.012, 3517.013, and 3599.12 of the Revised Code  2821
are hereby repealed.  2822
S. B. No. 260  Page 98
As Introduced
       Section 3. That section 3513.20 of the Revised Code is  2823
hereby repealed.  2824
       Section 4. This act shall be known as the Voter  2825
Registration Modernization Act.  2826