Chapter 3504: PRESIDENTIAL BALLOTS - FORMER RESIDENTS

Each citizen of the United States who, on the day of the succeeding presidential election, will be eighteen years of age or over, who has moved the citizen’s residence from this state not more than ninety days prior to the day of such presidential election, who has not registered to vote in the state to which that citizen has moved that citizen’s residence, and who, because of that citizen’s removal from this state, is not entitled to vote for the offices of president and vice-president or for presidential and vice-presidential electors in the state of that citizen’s current residence may be entitled to vote in this state, in the precinct in which that citizen’s voting residence was located at the time the citizen moved from this state, for presidential and vice-presidential electors but for no other offices if the citizen meets all of the following conditions:

(A) The citizen otherwise possesses the substantive qualifications to vote in this state, except the requirements of residence and registration.

(B) The citizen complies with sections 3504.01 to 3504.06 of the Revised Code.

(C) The citizen completes a certificate of intent to vote in a presidential election under section 3504.02 of the Revised Code under penalty of election falsification.

Repealed by 129th General Assembly File No. 40, HB 194, § 2. This repeal is subject to referendum in the Nov. 6, 2012 election.

Effective Date: 08-22-1995

This section is set out twice. See also § 3504.01, as added by 129th General Assembly File No. 40, HB 194, § 1. This repeal and enactment is subject to referendum in the Nov. 6, 2012 election.

3504.01 [Enactment Subject to Referendum] Voting in presidential elections by former electors

A former elector of this state is eligible to vote a presidential ballot in the presidential general election held in this state in person or by mail if the former elector meets all of the following conditions:

(A) The former elector moved out of this state not more than thirty days before the day of the presidential general election;

(B) The former elector has not resided in the elector’s new state of residence long enough to be eligible to vote in the presidential general election;

(C) The former elector was registered to vote in this state at the time the former resident ceased to be a resident of this state; and

(D) The former elector would be eligible to vote in this state if the former elector was a resident of this state.

Added by 129th General Assembly File No. 40, HB 194, § 1. This enactment is subject to referendum in the Nov. 6, 2012 election.

This section is set out twice. See also § 3504.01, effective prior to enactment by HB 194 of the 129th Legislature.

Any citizen who desires to vote in a presidential election under this chapter shall, not later than four p.m. of the thirtieth day prior to the date of the presidential election, complete a certificate of intent to vote for presidential and vice-presidential electors. The certificate of intent shall be completed in duplicate on a form prescribed by the secretary of state that may be obtained and filed personally in the office of the board of elections of the county in which such person last resided before removal from this state, or mailed to such board of elections.

Immediately following the spaces on the certificate for inserting information as requested by the secretary of state, the following statement shall be printed: “I declare under penalty of election falsification that the statements herein contained are true to the best of my knowledge and belief; that I am legally qualified to vote; that I am not registered to vote in any other state; and that I have not voted in an election in any other state since removing myself from the state of Ohio.

.............................................signature of applicant

.............................................date

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.”

Effective Date: 08-28-2001

This section is set out twice. See also § 3504.02, as amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment is subject to referendum in the Nov. 6, 2012 election.

3504.02 [Second of Two Versions] Certificate of intent to vote

A former elector of this state who desires to vote in a presidential general election under this chapter shall submit a completed certificate of intent to vote for presidential and vice-presidential electors not later than twelve noon of the third day before the day of the election. The certificate of intent shall be completed on a form prescribed by the secretary of state that may be obtained and filed personally in the office of the board of elections of the county in which such person last resided before removal from this state, or mailed to such board of elections.

Immediately following the spaces on the certificate for inserting information as requested by the secretary of state, the following statement shall be printed: “I declare under penalty of election falsification that the statements contained herein are true to the best of my knowledge and belief; that I am legally qualified to vote; that I am not eligible to vote in the presidential general election in any other state; and that I have not voted in an election in any other state since removing myself from the state of Ohio.

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Signature of applicant

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Date

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.”

The former elector also shall submit with the certificate of intent to vote for presidential and vice-presidential electors a properly completed and signed Ohio voter registration cancellation request on a form prescribed by the secretary of state.

Amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment is subject to referendum in the Nov. 6, 2012 election.

Effective Date: 08-28-2001

This section is set out twice. See also § 3504.02, effective prior to amendment by HB 194 of the 129th Legislature.

Effective Date: 09-27-1974

On or before election day, the director of the board of elections shall deliver to the polling place a list of persons who have filed certificates of intent to vote as former resident voters and who appear, from their voting address, entitled to vote at such polling place. Those persons whose names appear on the list of former resident voters, and who have otherwise complied with sections 3504.01 to 3504.06 of the Revised Code, shall then be entitled to vote for presidential and vice-presidential electors only at their polling place on election day or by absent voter’s ballots. Such voter who votes at that voter’s polling place on election day shall sign that voter’s name in the poll book or poll list followed by, “Former Resident’s Presidential Ballot.” Qualified former residents shall be entitled to cast absent voter’s ballots for presidential and vice-presidential electors.

Effective Date: 08-22-1995

This section is set out twice. See also § 3504.04, as amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment is subject to referendum in the Nov. 6, 2012 election.

3504.04 [Second of Two Versions] List of former residents who have filed certificates of intent to vote at polling places

On or before the day of a presidential general election , the director of the board of elections shall deliver to the polling place a list of persons who have filed certificates of intent to vote as former resident voters and who appear, from their voting address, entitled to vote at such polling place. Those persons whose names appear on the list of former resident voters, and who have otherwise complied with sections 3504.01 to 3504.06 of the Revised Code, shall then be entitled to vote for presidential and vice-presidential electors only at their polling place on election day or by absent voter’s ballots. Such voter who votes at that voter’s polling place on election day shall sign that voter’s name in the poll book or poll list followed by, “Former Resident’s Presidential Ballot.” Qualified former residents shall be entitled to cast absent voter’s ballots for presidential and vice-presidential electors.

Amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment is subject to referendum in the Nov. 6, 2012 election.

Effective Date: 08-22-1995

This section is set out twice. See also § 3504.04, effective prior to amendment by HB 194 of the 129th Legislature.

The director of the board of elections shall forward copies of all certificates of intent received from former residents to the secretary of state no later than the twenty-fifth day prior to the day of the election in which such former resident desires to vote. Upon receipt of such certificate the secretary of state shall immediately notify the chief elections officer of the state of each applicant’s prior residence of the fact that such applicant has declared his intention to vote for presidential and vice-presidential electors in this state.

Effective Date: 09-27-1974

This section is set out twice. See also § 3504.05, as amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment is subject to referendum in the Nov. 6, 2012 election.

3504.05 [Second of Two Versions] Notification of new state of residence of former elector’s intent to vote in Ohio

The director of the board of elections shall electronically transmit any certificate of intent received from a former elector to the secretary of state within one business day. Upon receipt of such certificate, the secretary of state shall immediately notify the chief elections officer of the state of each applicant’s prior residence of the fact that such applicant has declared the applicant’s intention to vote for presidential and vice-presidential electors in this state.

Amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment is subject to referendum in the Nov. 6, 2012 election.

Effective Date: 09-27-1974

This section is set out twice. See also § 3504.05, effective prior to amendment by HB 194 of the 129th Legislature.

A person who willfully makes a false statement or affidavit under sections 3504.01 to 3504.06 of the Revised Code is guilty of a felony of the fourth degree.

Effective Date: 07-01-1996

Effective Date: 11-19-1969