Chapter 3509: ABSENT VOTER'S BALLOTS

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

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

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

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

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

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

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

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

Amended by 128th General Assembly File No. 29, HB 48, § 1, eff. 7/2/2010.

Effective Date: 08-28-2001

This section is set out twice. See also § 3509.01, as amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment is subject to referendum in the Nov. 6, 2012 election.

3509.01 [Second of Two Versions] Absent voter’s ballot procedures

(A) The board of elections of each county shall provide absent voter’s ballots for use at every primary and general election, or special election to be held on the day specified by division (E) of section 3501.01 of the Revised Code for the holding of a primary election, designated by the general assembly for the purpose of submitting constitutional amendments proposed by the general assembly to the voters of the state. Those ballots shall be the same size, shall be printed on the same kind of paper, and shall be in the same form as has been approved for use at the election for which those ballots are to be voted; except that, in counties using marking devices, ballot cards may be used for absent voter’s ballots, and those absent voters shall be instructed to record the vote in the manner provided on the ballot cards.

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

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

(2) For all voters, other than overseas voters and absent uniformed services voters, who are applying to vote absent voter’s ballots other than in person, ballots shall be printed and ready for use on the twenty-first day before the day of the election.

(3) For all voters who are applying to vote absent voter’s ballots in person, ballots shall be printed and ready for use beginning on the seventeenth day before the day of the election and shall continue to be available for use through six p.m. on the last Friday before the day of the election, except that ballots shall not be available for use on Sunday. On the days in which absent voter’s ballots are available for use in person, those ballots shall be available from eight a.m. through six p.m. Monday through Friday and from eight a.m. through twelve p.m. on Saturday. If, at the time for the close of in-person absent voting on a particular day, there are voters waiting in line to cast their ballots, the in-person absent voting location shall be kept open until such waiting voters have cast their absent voter’s ballots.

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

(D)(1) If the laws governing the holding of a special election on a day other than the day on which a primary or general election is held make it impossible for absent voter’s ballots to be printed and ready for use by the deadlines established in division (B) of this section, absent voter’s ballots for those special elections shall be ready for use as many days before the day of the election as reasonably possible under the laws governing the holding of that special election.

(2) If, in accordance with Section 2 of Article XVII, Ohio Constitution, an election is required to be held to fill a vacancy that occurs after absent voter’s ballots have been printed and distributed under division (B) of this section, the board of elections shall print and distribute a supplemental ballot for that election to each absent voter who has requested a ballot for that election as many days before the election as reasonably possible.

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

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

Amended by 128th General Assembly File No. 29, HB 48, § 1, eff. 7/2/2010.

Effective Date: 08-28-2001

This section is set out twice. See also § 3509.01, effective prior to amendment by HB 194 of the 129th Legislature.

(A) Any qualified elector may vote by absent voter’s ballots at an election.

(B) Any qualified elector who is unable to appear at the office of the board of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location on account of personal illness, physical disability, or infirmity, and who moves from one precinct to another within a county, changes the elector’s name and moves from one precinct to another within a county, or moves from one county to another county within the state, on or prior to the day of a general, primary, or special election and has not filed a notice of change of residence or change of name may vote by absent voter’s ballots in that election as specified in division (G) of section 3503.16 of the Revised Code.

Effective Date: 08-22-1995; 01-27-2006; 05-02-2006

This section is set out twice. See also § 3509.02, as amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment is subject to referendum in the Nov. 6, 2012 election.

3509.02 [Second of Two Versions] Qualifications for voting by absent voter’s ballot

(A) Any qualified elector may vote by absent voter’s ballots at an election.

(B) Any qualified elector who is unable to appear at the office of the board of elections or, if pursuant to division (C)(2) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may cast absent voter’s ballots in person before an election, at that other location on account of personal illness, physical disability, or infirmity, and who moves from one precinct to another within a county, changes the elector’s name and moves from one precinct to another within a county, or moves from one county to another county within the state, on or prior to the day of a general, primary, or special election and has not filed a notice of change of residence or change of name may vote by absent voter’s ballots in that election as specified in division (G) of section 3503.16 of the Revised Code.

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; 01-27-2006; 05-02-2006

This section is set out twice. See also § 3509.02, effective prior to amendment by HB 194 of the 129th Legislature.

All identification envelopes containing absent voter’s ballots for former resident voters who are entitled to vote for presidential and vice-presidential electors only, shall have printed or stamped thereon the words, “Presidential Ballot.”

Amended by 129th General Assembly File No. 46, HB 224, § 1, eff. 10/27/2011.

Effective Date: 06-13-1975

Repealed by 128th General Assembly File No. 29, HB 48, § 2, eff. 7/2/2010.

Effective Date: 01-27-2006

Except as provided in division (B) of section 3509.08 of the Revised Code, any qualified elector desiring to vote absent voter’s ballots at an election shall make written application for those ballots to the director of elections of the county in which the elector’s voting residence is located. The application need not be in any particular form but shall contain all of the following:

(A) The elector’s name;

(B) The elector’s signature;

(C) The address at which the elector is registered to vote;

(D) The elector’s date of birth;

(E) One of the following:

(1) The elector’s driver’s license number;

(2) The last four digits of the elector’s social security number;

(3) A copy of the elector’s current and valid photo identification, a copy of a military identification, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the name and address of the elector.

(F) A statement identifying the election for which absent voter’s ballots are requested;

(G) A statement that the person requesting the ballots is a qualified elector;

(H) If the request is for primary election ballots, the elector’s party affiliation;

(I) If the elector desires ballots to be mailed to the elector, the address to which those ballots shall be mailed.

Each application for absent voter’s ballots shall be delivered to the director not earlier than the first day of January of the year of the elections for which the absent voter’s ballots are requested or not earlier than ninety days before the day of the election at which the ballots are to be voted, whichever is earlier, and not later than twelve noon of the third day before the day of the election at which the ballots are to be voted, or not later than six p.m. on the day before the Last Friday of the election at which the ballots are to be voted if the application is delivered in person to the office of the board.

Amended by 129th General Assembly File No. 46, HB 224, § 1, eff. 10/27/2011.

Amended by 128th General Assembly File No. 29, HB 48, § 1, eff. 7/2/2010.

Effective Date: 08-22-1995; 01-27-2006; 2006 HB3 05-02-2006; 2008 HB562 09-22-2008

This section is set out twice. See also § 3509.03, as amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment is subject to referendum in the Nov. 6, 2012 election.

3509.03 [Second of Two Versions] Application for absent voter’s ballot

Except as provided in division (B) of section 3509.08 of the Revised Code, any qualified elector desiring to vote absent voter’s ballots at an election shall make written application for those ballots to the board of elections of the county in which the elector’s voting residence is located. The application need not be in any particular form but shall contain all of the following:

(A) The elector’s name;

(B) The elector’s signature;

(C) The address at which the elector is registered to vote;

(D) The elector’s date of birth;

(E) One of the following:

(1) The elector’s driver’s license number or state identification card number;

(2) The elector’s social security number;

(3) A copy of the elector’s current and valid photo identification, a copy of a military identification, a copy of a United States passport, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the name and address of the elector.

(F) A statement identifying the election for which absent voter’s ballots are requested;

(G) A statement that the person requesting the ballots is a qualified elector;

(H) If the request is for primary election ballots, the elector’s party affiliation;

(I) If the elector desires ballots to be mailed to the elector, the address to which those ballots shall be mailed.

Each application for absent voter’s ballots shall be delivered to the board not earlier than the first day of January of the year of the elections for which the absent voter’s ballots are requested or not earlier than ninety days before the day of the election at which the ballots are to be voted, whichever is earlier, and not later than twelve noon of the third day before the day of the election at which the ballots are to be voted, or not later than six p.m. on the last Friday before the day of the election at which the ballots are to be voted if the application is delivered in person to the office of the board.

A board of elections shall not mail any unsolicited applications for absent voter’s ballots. A board shall only mail an absent voter’s ballot application to an elector who has requested such an application from the board. A board of elections that mails an absent voter’s ballot application to an elector under this section shall not prepay the return postage for that application.

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

Amended by 129th General Assembly File No. 46, HB 224, § 1, eff. 10/27/2011.

Amended by 128th General Assembly File No. 29, HB 48, § 1, eff. 7/2/2010.

Effective Date: 08-22-1995; 01-27-2006; 2006 HB3 05-02-2006; 2008 HB562 09-22-2008

This section is set out twice. See also § 3509.03, effective prior to amendment by HB 194 of the 129th Legislature.

Repealed by 129th General Assembly File No. 46, HB 224, § 2, eff. 10/27/2011.

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; 01-27-2006; 05-02-2006; 2008 HB562 09-22-2008

Effective Date: 07-26-1974

(A) If a director of a board of elections receives an application for absent voter’s ballots that does not contain all of the required information, the director promptly shall notify the applicant of the additional information required to be provided by the applicant to complete that application.

(B) Upon receipt by the director of elections of an application for absent voter’s ballots that contains all of the required information, as provided by section 3509.03 and division (G) of section 3503.16 of the Revised Code, the director, if the director finds that the applicant is a qualified elector, shall deliver to the applicant in person or mail directly to the applicant by special delivery mail, air mail, or regular mail, postage prepaid, proper absent voter’s ballots. The director shall deliver or mail with the ballots an unsealed identification envelope upon the face of which shall be printed a form substantially as follows:

“Identification Envelope Statement of Voter

I, ........................(Name of voter), declare under penalty of election falsification that the within ballot or ballots contained no voting marks of any kind when I received them, and I caused the ballot or ballots to be marked, enclosed in the identification envelope, and sealed in that envelope.

My voting residence in Ohio is

...................................................................

(Street and Number, if any, or Rural Route and Number)

of …............................. (City, Village, or Township) Ohio, which is in Ward …............ Precinct …............. in that city, village, or township.

The primary election ballots, if any, within this envelope are primary election ballots of the ….......... Party.

Ballots contained within this envelope are to be voted at the …....... (general, special, or primary) election to be held on the …....................... day of …..................., ........

My date of birth is …............ (Month and Day), .......... (Year). (Voter must provide one of the following:)

My driver’s license number is …............ (Driver’s license number).

The last four digits of my Social Security Number are …............ (Last four digits of Social Security Number).

...... In lieu of providing a driver’s license number or the last four digits of my Social Security Number, I am enclosing a copy of one of the following in the return envelope in which this identification envelope will be mailed: a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections, that shows my name and address.

I hereby declare, under penalty of election falsification, that the statements above are true, as I verily believe.

(Signature of Voter)

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

The director shall mail with the ballots and the unsealed identification envelope an unsealed return envelope upon the face of which shall be printed the official title and post-office address of the director. In the upper left corner on the face of the return envelope, several blank lines shall be printed upon which the voter may write the voter’s name and return address. The return envelope shall be of such size that the identification envelope can be conveniently placed within it for returning the identification envelope to the director.

Amended by 129th General Assembly File No. 46, HB 224, § 1, eff. 10/27/2011.

Amended by 128th General Assembly File No. 29, HB 48, § 1, eff. 7/2/2010.

Effective Date: 08-28-2001; 01-27-2006; 05-02-2006; 2008 HB562 09-22-2008

This section is set out twice. See also § 3509.04, as amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment is subject to referendum in the Nov. 6, 2012 election.

3509.04 [Second of Two Versions] Delivery of absent voter’s ballot

(A) If a board of elections receives an application for absent voter’s ballots that does not contain all of the required information, the board promptly shall notify the applicant of the additional information required to be provided by the applicant to complete that application.

(B) Upon receipt by the board of elections of an application for absent voter’s ballots that contains all of the required information, as provided by section 3509.03 and division (G) of section 3503.16 of the Revised Code, the board, if the board finds that the applicant is a qualified elector, shall deliver to the applicant in person or mail directly to the applicant by special delivery mail, air mail, or regular mail, postage prepaid, proper absent voter’s ballots. The board shall deliver or mail with the ballots an unsealed identification envelope upon the face of which shall be printed a form substantially as follows:

“Identification Envelope Statement of Voter

I, ........................(Name of voter), declare under penalty of election falsification that the within ballot or ballots contained no voting marks of any kind when I received them, and I caused the ballot or ballots to be marked, enclosed in the identification envelope, and sealed in that envelope.

My voting residence in Ohio is

...................................................................

(Street and Number, if any, or Rural Route and Number)

of …............................. (City, Village, or Township) Ohio, which is in Ward …............ Precinct …............. in that city, village, or township.

The primary election ballots, if any, within this envelope are primary election ballots of the ….......... Party.

Ballots contained within this envelope are to be voted at the …....... (general, special, or primary) election to be held on the …....................... day of …..................., ....

My date of birth is …............ (Month and Day), .......... (Year).

(Voter must provide one of the following:)

My driver’s license number is …............ (Driver’s license number).

My state identification card number is …............ (Ohio identification card number).

The last four digits of my Social Security Number are …............ (Last four digits of Social Security Number).

...... In lieu of providing a driver’s license number, state identification card number, or the last four digits of my Social Security Number, I am enclosing a copy of one of the following in the return envelope in which this identification envelope will be mailed: a current and valid photo identification, a military identification, a United States passport, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of voter registration mailed by a board of elections, that shows my name and address.

I hereby declare, under penalty of election falsification, that the statements above are true, as I verily believe.

(Signature of Voter)

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

The board of elections shall mail with the ballots and the unsealed identification envelope an unsealed return envelope upon the face of which shall be printed the official title and post-office address of the board. In the upper left corner on the face of the return envelope, several blank lines shall be printed upon which the voter may write the voter’s name and return address. The return envelope shall be of such size that the identification envelope can be conveniently placed within it for returning the identification envelope to the board.

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

Amended by 129th General Assembly File No. 46, HB 224, § 1, eff. 10/27/2011.

Amended by 128th General Assembly File No. 29, HB 48, § 1, eff. 7/2/2010.

Effective Date: 08-28-2001; 01-27-2006; 05-02-2006; 2008 HB562 09-22-2008

This section is set out twice. See also § 3509.04, effective prior to amendment by HB 194 of the 129th Legislature.

(A) When an elector receives an absent voter’s ballot pursuant to the elector’s application or request, the elector shall, before placing any marks on the ballot, note whether there are any voting marks on it. If there are any voting marks, the ballot shall be returned immediately to the board of elections; otherwise, the elector shall cause the ballot to be marked, folded in a manner that the stub on it and the indorsements and facsimile signatures of the members of the board of elections on the back of it are visible, and placed and sealed within the identification envelope received from the director of elections for that purpose. Then, the elector shall cause the statement of voter on the outside of the identification envelope to be completed and signed, under penalty of election falsification.

If the elector does not provide the elector’s driver’s license number or the last four digits of the elector’s social security number on the statement of voter on the identification envelope, the elector also shall include in the return envelope with the identification envelope a copy of the elector’s current valid photo identification, a copy of a military identification, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the name and address of the elector.

The elector shall mail the identification envelope to the director from whom it was received in the return envelope, postage prepaid, or the elector may personally deliver it to the director, or the spouse of the elector, the father, mother, father-in-law, mother-in-law, grandfather, grandmother, brother, or sister of the whole or half blood, or the son, daughter, adopting parent, adopted child, stepparent, stepchild, uncle, aunt, nephew, or niece of the elector may deliver it to the director. The return envelope shall be transmitted to the director in no other manner, except as provided in section 3509.08 of the Revised Code.

When absent voter’s ballots are delivered to an elector at the office of the board, the elector may retire to a voting compartment provided by the board and there mark the ballots. Thereupon, the elector shall fold them, place them in the identification envelope provided, seal the envelope, fill in and sign the statement on the envelope under penalty of election falsification, and deliver the envelope to the director of the board.

Except as otherwise provided in division (B) of this section, all other envelopes containing marked absent voter’s ballots shall be delivered to the director not later than the close of the polls on the day of an election. Absent voter’s ballots delivered to the director later than the times specified shall not be counted, but shall be kept by the board in the sealed identification envelopes in which they are delivered to the director, until the time provided by section 3505.31 of the Revised Code for the destruction of all other ballots used at the election for which ballots were provided, at which time they shall be destroyed.

(B)(1)

Except as otherwise provided in division (B)(2) of this section, any return envelope that is postmarked prior to the day of the election shall be delivered to the director prior to the eleventh day after the election. Ballots delivered in envelopes postmarked prior to the day of the election that are received after the close of the polls on election day through the tenth day thereafter shall be counted on the eleventh day at the board of elections in the manner provided in divisions (C) and (D) of section 3509.06 of the Revised Code. Any such ballots that are received by the director later than the tenth day following the election shall not be counted, but shall be kept by the board in the sealed identification envelopes as provided in division (A) of this section.

(2) Division (B)(1) of this section shall not apply to any mail that is postmarked using a postage evidencing system, including a postage meter, as defined in 39 C.F.R. 501.1.

Amended by 129th General Assembly File No. 46, HB 224, § 1, eff. 10/27/2011.

Amended by 128th General Assembly File No. 29, HB 48, § 1, eff. 7/2/2010.

Effective Date: 12-29-1993; 01-27-2006; 05-02-2006; 2008 HB350 09-12-2008; 2008 HB562 09-22-2008

This section is set out twice. See also § 3509.05, as amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment is subject to referendum in the Nov. 6, 2012 election.

3509.05 [Second of Two Versions] Voting and return procedure

(A) When an elector receives an absent voter’s ballot pursuant to the elector’s application or request, the elector shall, before placing any marks on the ballot, note whether there are any voting marks on it. If there are any voting marks, the ballot shall be returned immediately to the board of elections; otherwise, the elector shall cause the ballot to be marked, folded in a manner that the stub on it and the indorsements and facsimile signatures of the members of the board of elections on it are visible, and placed and sealed within the identification envelope received from the board of elections for that purpose. Then, the elector shall cause the statement of voter on the outside of the identification envelope to be completed and signed, under penalty of election falsification.

If the elector does not provide the elector’s driver’s license number, state identification card number, or the last four digits of the elector’s social security number on the statement of voter on the identification envelope, the elector also shall include in the return envelope with the identification envelope a copy of the elector’s current valid photo identification, a copy of a military identification, a copy of a United States passport, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the name and address of the elector.

The elector shall mail the identification envelope to the board of elections from which it was received in the return envelope, postage prepaid, or the elector may personally deliver it to the office of the board, or the spouse of the elector, the father, mother, father-in-law, mother-in-law, grandfather, grandmother, brother, or sister of the whole or half blood, or the son, daughter, adopting parent, adopted child, stepparent, stepchild, uncle, aunt, nephew, or niece of the elector may deliver it to the board. The return envelope shall be transmitted to the board in no other manner, except as provided in section 3509.08 of the Revised Code.

When absent voter’s ballots are delivered to an elector at the office of the board, the elector may retire to a voting compartment provided by the board and there mark the ballots. Thereupon, the elector shall fold them, place them in the identification envelope provided, seal the envelope, fill in and sign the statement on the envelope under penalty of election falsification, and deliver the envelope to the board.

Except as otherwise provided in division (B) of this section, all other envelopes containing marked absent voter’s ballots shall be delivered to the board not later than the close of the polls on the day of an election. Absent voter’s ballots delivered to the board later than the times specified shall not be counted, but shall be kept by the board in the sealed identification envelopes in which they are delivered to the board, until the time provided by section 3505.31 of the Revised Code for the destruction of all other ballots used at the election for which ballots were provided, at which time they shall be destroyed.

(B)(1) Except as otherwise provided in division (B)(2) of this section, any return envelope that is postmarked prior to the day of the election shall be delivered to the board prior to the eleventh day after the election. Ballots delivered in envelopes postmarked prior to the day of the election that are received after the close of the polls on election day through the tenth day thereafter shall be counted on the eleventh day at the board of elections in the manner provided in divisions (C) and (D) of section 3509.06 of the Revised Code. Any such ballots that are received by the board later than the tenth day following the election shall not be counted, but shall be kept by the board in the sealed identification envelopes as provided in division (A) of this section.

(2) Division (B)(1) of this section shall not apply to any mail that is postmarked using a postage evidencing system, including a postage meter, as defined in 39 C.F.R. 501.1.

(C) Upon receipt of any return envelope prior to the eleventh day after the day of any election, the board of elections shall open it but shall not open the identification envelope contained in it. If, upon so opening the return envelope, the board finds ballots in it that are not enclosed in and properly sealed in the identification envelope, the board shall not look at the markings upon the ballots and shall promptly place them in the identification envelope and promptly seal it. If, upon so opening the return envelope, the board finds that ballots are enclosed in the identification envelope but that it is not properly sealed, the board shall not look at the markings upon the ballots and shall promptly seal the identification envelope.

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

Amended by 129th General Assembly File No. 46, HB 224, § 1, eff. 10/27/2011.

Amended by 128th General Assembly File No. 29, HB 48, § 1, eff. 7/2/2010.

Effective Date: 12-29-1993; 01-27-2006; 05-02-2006; 2008 HB350 09-12-2008; 2008 HB562 09-22-2008

This section is set out twice. See also § 3509.05, effective prior to amendment by HB 194 of the 129th Legislature.

Notwithstanding section 3509.05 or any other provision of the Revised Code to the contrary, all of the following shall apply to the casting of absent voter’s ballots in person:

(A) The absent voter shall provide identification to the election officials in the same manner as a voter who casts a ballot in person on the day of an election is required to provide identification under section 3505.18 of the Revised Code.

(B) The absent voter shall not be required to complete a statement of voter on an absent voter’s ballot identification envelope.

(C) The board of elections shall provide a signature book to be signed by absent voters who are casting their ballots in person.

(D) If a board of elections employs more than one location for casting absent voter’s ballots in person before an election under division (C) of section 3501.10 of the Revised Code, an electronic pollbook that provides real time access to voting records shall be used in each such location.

(E) No person other than a precinct election official shall be permitted to challenge the right to vote of an absent voter who is casting a ballot in person. A precinct election official may challenge the right to vote of an absent voter who is casting a ballot in person in the same manner as a precinct election official may challenge the right to vote of an elector on the day of an election under section 3505.20 or 3513.19 of the Revised Code.

(F) No absent voter may receive a replacement ballot after the voter’s absent voter’s ballot has been scanned or entered into automatic tabulating equipment.

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

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

(B) When the board of elections determines that absent voter’s ballots shall be counted in each precinct, the director shall deliver to the presiding judge of each precinct on election day identification envelopes purporting to contain absent voter’s ballots of electors whose voting residence appears from the statement of voter on the outside of each of those envelopes, to be located in such presiding judge’s precinct, and which were received by the director not later than the close of the polls on election day. The director shall deliver to such presiding judge a list containing the name and voting residence of each person whose voting residence is in such precinct to whom absent voter’s ballots were mailed.

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

(D) Each of the identification envelopes purporting to contain absent voter’s ballots delivered to the presiding judge of the precinct or the special judge appointed by the board of elections shall be handled as follows: The election officials shall compare the signature of the elector on the outside of the identification envelope with the signature of that elector on the elector’s registration form and verify that the absent voter’s ballot is eligible to be counted under section 3509.07 of the Revised Code. Any of the precinct officials may challenge the right of the elector named on the identification envelope to vote the absent voter’s ballots upon the ground that the signature on the envelope is not the same as the signature on the registration form, or upon any other of the grounds upon which the right of persons to vote may be lawfully challenged. If no such challenge is made, or if such a challenge is made and not sustained, the presiding judge shall open the envelope without defacing the statement of voter and without mutilating the ballots in it, and shall remove the ballots contained in it and proceed to count them.

The name of each person voting who is entitled to vote only an absent voter’s presidential ballot shall be entered in a pollbook or poll list or signature pollbook followed by the words “Absentee Presidential Ballot.” The name of each person voting an absent voter’s ballot, other than such persons entitled to vote only a presidential ballot, shall be entered in the pollbook or poll list or signature pollbook and the person’s registration card marked to indicate that the person has voted.

The date of such election shall also be entered on the elector’s registration form. If any such challenge is made and sustained, the identification envelope of such elector shall not be opened, shall be endorsed “Not Counted” with the reasons the ballots were not counted, and shall be delivered to the board.

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

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

Effective Date: 07-04-1984; 01-27-2006; 05-02-2006

This section is set out twice. See also § 3509.06, as amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment is subject to referendum in the Nov. 6, 2012 election.

3509.06 [Second of Two Versions] Counting absent voters’ ballots

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

(B) When the board of elections determines that absent voter’s ballots shall be counted in each precinct, the board shall deliver to the voting location manager of each precinct on election day identification envelopes purporting to contain absent voter’s ballots of electors whose voting residence appears from the statement of voter on the outside of each of those envelopes, to be located in that manager’s precinct, and which were received by the board not later than the close of the polls on election day. The board shall deliver to the voting location manager a list containing the name and voting residence of each person whose voting residence is in such precinct to whom absent voter’s ballots were mailed.

(C) When the board of elections determines that absent voter’s ballots shall be counted at the office of the board of elections or at another location designated by the board, special election officials shall be appointed by the board for that purpose having the same authority as is exercised by precinct election officials. The votes so cast shall be added to the vote totals for the precincts in which the applicable absent voters reside, and the absent voter’s ballots shall be preserved separately by the board, in the same manner and for the same length of time as provided by section 3505.31 of the Revised Code.

(D) Each of the identification envelopes purporting to contain absent voter’s ballots delivered to the voting location manager of the precinct or the special election official appointed by the board of elections shall be handled as follows: The election officials shall compare the signature of the elector on the outside of the identification envelope with the signature of that elector on the elector’s registration form and verify that the absent voter’s ballot is eligible to be counted under section 3509.07 of the Revised Code. Any of the precinct officials may challenge the right of the elector named on the identification envelope to vote the absent voter’s ballots upon the ground that the signature on the envelope is not the same as the signature on the registration form, that the identification envelope statement of voter has not been completed, unless the ballot is a uniformed services or overseas absent voter’s ballot, or upon any other of the grounds upon which the right of persons to vote may be lawfully challenged. If no such challenge is made, if such a challenge is made and not sustained, or if a uniformed services or overseas absent voter signed the identification envelope statement of voter, is registered to vote, and is eligible to vote in the election, the voting location manager shall open the envelope without defacing the statement of voter and without mutilating the ballots in it, and shall remove the ballots contained in it and proceed to count them.

The name of each person voting who is entitled to vote only an absent voter’s presidential ballot shall be entered in a pollbook or poll list or signature pollbook followed by the words “Absentee Presidential Ballot.” The name of each person voting an absent voter’s ballot, other than such persons entitled to vote only a presidential ballot, shall be entered in the pollbook or poll list or signature pollbook and the person’s registration card marked to indicate that the person has voted.

The date of such election shall also be entered on the elector’s registration form. If any such challenge is made and sustained, the identification envelope of such elector shall not be opened, shall be endorsed “Not Counted” with the reasons the ballots were not counted, and shall be delivered to the board.

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

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

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: 07-04-1984; 01-27-2006; 05-02-2006

This section is set out twice. See also § 3509.06, effective prior to amendment by HB 194 of the 129th Legislature.

Effective Date: 03-23-1972

If election officials find that the statement accompanying an absent voter’s ballot or absent voter’s presidential ballot is insufficient, that the signatures do not correspond with the person’s registration signature, that the applicant is not a qualified elector in the precinct, that the ballot envelope contains more than one ballot of any one kind, or any voted ballot that the elector is not entitled to vote, that Stub A is detached from the absent voter’s ballot or absent voter’s presidential ballot, or that the elector has not included with the elector’s ballot any identification required under section 3509.05 or 3511.09 of the Revised Code, the vote shall not be accepted or counted. The vote of any absent voter may be challenged for cause in the same manner as other votes are challenged, and the election officials shall determine the legality of that ballot. Every ballot not counted shall be endorsed on its back “Not Counted” with the reasons the ballot was not counted, and shall be enclosed and returned to or retained by the board of elections along with the contested ballots.

Effective Date: 08-28-2001; 05-07-2004; 01-27-2006

This section is set out twice. See also § 3509.07, as amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment is subject to referendum in the Nov. 6, 2012 election.

3509.07 [Second of Two Versions] Rejection and challenge of absent voter’s ballots

If election officials find that the statement accompanying an absent voter’s ballot or absent voter’s presidential ballot is insufficient, that the signatures do not correspond with the person’s registration signature, that the elector has not included the elector’s birth date or printed name on the identification envelope statement of voter, that the applicant is not a qualified elector in the precinct, that the ballot envelope contains more than one ballot of any one kind, or any voted ballot that the elector is not entitled to vote, that Stub A is not included in the envelope with the absent voter’s ballot or absent voter’s presidential ballot, or that the elector has not included with the elector’s ballot any identification required under section 3509.05 or 3511.09 of the Revised Code, the vote shall not be accepted or counted. The vote of any absent voter may be challenged for cause in the same manner as other votes are challenged, and the election officials shall determine the legality of that ballot. Every ballot not counted shall be endorsed on its back “Not Counted” with the reasons the ballot was not counted, and shall be enclosed and returned to or retained by the board of elections along with the contested ballots.

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

Amended by 129th General Assembly File No. 46, HB 224, § 1, eff. 10/27/2011.

Effective Date: 08-28-2001; 05-07-2004; 01-27-2006

This section is set out twice. See also § 3509.07, effective prior to amendment by HB 194 of the 129th Legislature.

(A) Any qualified elector, who, on account of the elector’s own personal illness, physical disability, or infirmity, or on account of the elector’s confinement in a jail or workhouse under sentence for a misdemeanor or awaiting trial on a felony or misdemeanor, will be unable to travel from the elector’s home or place of confinement to the voting booth in the elector’s precinct on the day of any general, special, or primary election may make application in writing for an absent voter’s ballot to the director of the board of elections of the elector’s county. The application shall include all of the information required under section 3509.03 of the Revised Code and shall state the nature of the elector’s illness, physical disability, or infirmity, or the fact that the elector is confined in a jail or workhouse and the elector’s resultant inability to travel to the election booth in the elector’s precinct on election day. The application shall not be valid if it is delivered to the director before the ninetieth day or after twelve noon of the third day before the day of the election at which the ballot is to be voted.

The absent voter’s ballot may be mailed directly to the applicant at the applicant’s voting residence or place of confinement as stated in the applicant’s application, or the board may designate two board employees belonging to the two major political parties for the purpose of delivering the ballot to the disabled or confined elector and returning it to the board, unless the applicant is confined to a public or private institution within the county, in which case the board shall designate two board employees belonging to the two major political parties for the purpose of delivering the ballot to the disabled or confined elector and returning it to the board. In all other instances, the ballot shall be returned to the office of the board in the manner prescribed in section 3509.05 of the Revised Code.

Any disabled or confined elector who declares to the two board employees belonging to the two major political parties that the elector is unable to mark the elector’s ballot by reason of physical infirmity that is apparent to the employees to be sufficient to incapacitate the voter from marking the elector’s ballot properly, may receive, upon request, the assistance of the employees in marking the elector’s ballot, and they shall thereafter give no information in regard to this matter. Such assistance shall not be rendered for any other cause.

When two board employees belonging to the two major political parties deliver a ballot to a disabled or confined elector, each of the employees shall be present when the ballot is delivered, when assistance is given, and when the ballot is returned to the office of the board, and shall subscribe to the declaration on the identification envelope.

The secretary of state shall prescribe the form of application for absent voter’s ballots under this division.

This chapter applies to disabled and confined absent voter’s ballots except as otherwise provided in this section.

(B)(1) Any qualified elector who is unable to travel to the voting booth in the elector’s precinct on the day of any general, special, or primary election may apply to the director of the board of elections of the county where the elector is a qualified elector to vote in the election by absent voter’s ballot if either of the following apply:

(a) The elector is confined in a hospital as a result of an accident or unforeseeable medical emergency occurring before the election;

(b) The elector’s minor child is confined in a hospital as a result of an accident or unforeseeable medical emergency occurring before the election.

(2) The application authorized under division (B)(1) of this section shall be made in writing, shall include all of the information required under section 3509.03 of the Revised Code, and shall be delivered to the director not later than three p.m. on the day of the election. The application shall indicate the hospital where the applicant or the applicant’s child is confined, the date of the applicant’s or the applicant’s child’s admission to the hospital, and the offices for which the applicant is qualified to vote. The applicant may also request that a member of the applicant’s family, as listed in section 3509.05 of the Revised Code, deliver the absent voter’s ballot to the applicant. The director, after establishing to the director’s satisfaction the validity of the circumstances claimed by the applicant, shall supply an absent voter’s ballot to be delivered to the applicant. When the applicant or the applicant’s child is in a hospital in the county where the applicant is a qualified elector and no request is made for a member of the family to deliver the ballot, the director shall arrange for the delivery of an absent voter’s ballot to the applicant, and for its return to the office of the board, by two board employees belonging to the two major political parties according to the procedures prescribed in division (A) of this section. When the applicant or the applicant’s child is in a hospital outside the county where the applicant is a qualified elector and no request is made for a member of the family to deliver the ballot, the director shall arrange for the delivery of an absent voter’s ballot to the applicant by mail, and the ballot shall be returned to the office of the board in the manner prescribed in section 3509.05 of the Revised Code.

(3) Any qualified elector who is eligible to vote under division (B) or (C) of section 3503.16 of the Revised Code but is unable to do so because of the circumstances described in division (B)(2) of this section may vote in accordance with division (B)(1) of this section if that qualified elector states in the application for absent voter’s ballots that that qualified elector moved or had a change of name under the circumstances described in division (B) or (C) of section 3503.16 of the Revised Code and if that qualified elector complies with divisions (G)(1) to (4) of section 3503.16 of the Revised Code.

(C) Any qualified elector described in division (A) or (B)(1) of this section who needs no assistance to vote or to return absent voter’s ballots to the board of elections may apply for absent voter’s ballots under section 3509.03 of the Revised Code instead of applying for them under this section.

Effective Date: 08-22-1995; 01-27-2006; 2006 HB3 05-02-2006; 2007 HB119 09-29-2007

This section is set out twice. See also § 3509.08, as amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment is subject to referendum in the Nov. 6, 2012 election.

3509.08 [Second of Two Versions] Disabled and confined absent voter’s ballots

(A) Any qualified elector, who, on account of the elector’s own personal illness, physical disability, or infirmity, or on account of the elector’s confinement in a jail or workhouse under sentence for a misdemeanor or awaiting trial on a felony or misdemeanor, will be unable to travel from the elector’s home or place of confinement to the voting booth in the elector’s precinct on the day of any general, special, or primary election may make application in writing for an absent voter’s ballot to the board of elections of the elector’s county. The application shall include all of the information required under section 3509.03 of the Revised Code and shall state the nature of the elector’s illness, physical disability, or infirmity, or the fact that the elector is confined in a jail or workhouse and the elector’s resultant inability to travel to the election booth in the elector’s precinct on election day. The application shall not be valid if it is delivered to the board before the ninetieth day or after twelve noon of the third day before the day of the election at which the ballot is to be voted.

The absent voter’s ballot may be mailed directly to the applicant at the applicant’s voting residence or place of confinement as stated in the applicant’s application, or the board may designate two board employees belonging to the two major political parties for the purpose of delivering the ballot to the disabled or confined elector and returning it to the board, unless the applicant is confined to a public or private institution within the county, in which case the board shall designate two board employees belonging to the two major political parties for the purpose of delivering the ballot to the disabled or confined elector and returning it to the board. In all other instances, the ballot shall be returned to the office of the board in the manner prescribed in section 3509.05 of the Revised Code.

Any disabled or confined elector who declares to the two board employees belonging to the two major political parties that the elector is unable to mark the elector’s ballot by reason of physical infirmity that is apparent to the employees to be sufficient to incapacitate the voter from marking the elector’s ballot properly, may receive, upon request, the assistance of the employees in marking the elector’s ballot, and they shall thereafter give no information in regard to this matter. Such assistance shall not be rendered for any other cause.

When two board employees belonging to the two major political parties deliver a ballot to a disabled or confined elector, each of the employees shall be present when the ballot is delivered, when assistance is given, and when the ballot is returned to the office of the board, and shall subscribe to the declaration on the identification envelope.

The secretary of state shall prescribe the form of application for absent voter’s ballots under this division.

This chapter applies to disabled and confined absent voter’s ballots except as otherwise provided in this section.

(B)(1) Any qualified elector who is unable to travel to the voting booth in the elector’s precinct on the day of any general, special, or primary election may apply to the board of elections of the county where the elector is a qualified elector to vote in the election by absent voter’s ballot if either of the following apply:

(a) The elector is confined in a hospital as a result of an accident or unforeseeable medical emergency occurring before the election;

(b) The elector’s minor child is confined in a hospital as a result of an accident or unforeseeable medical emergency occurring before the election.

(2) The application authorized under division (B)(1) of this section shall be made in writing, shall include all of the information required under section 3509.03 of the Revised Code, and shall be delivered to the board not later than three p.m. on the day of the election. The application shall indicate the hospital where the applicant or the applicant’s child is confined, the date of the applicant’s or the applicant’s child’s admission to the hospital, and the offices for which the applicant is qualified to vote. The applicant may also request that a member of the applicant’s family, as listed in section 3509.05 of the Revised Code, deliver the absent voter’s ballot to the applicant. The board, after establishing to the board’s satisfaction the validity of the circumstances claimed by the applicant, shall supply an absent voter’s ballot to be delivered to the applicant. When the applicant or the applicant’s child is in a hospital in the county where the applicant is a qualified elector and no request is made for a member of the family to deliver the ballot, the board shall arrange for the delivery of an absent voter’s ballot to the applicant, and for its return to the office of the board, by two board employees belonging to the two major political parties according to the procedures prescribed in division (A) of this section. When the applicant or the applicant’s child is in a hospital outside the county where the applicant is a qualified elector and no request is made for a member of the family to deliver the ballot, the board shall arrange for the delivery of an absent voter’s ballot to the applicant by mail, and the ballot shall be returned to the office of the board in the manner prescribed in section 3509.05 of the Revised Code.

(3) Any qualified elector who is eligible to vote under division (B) or (C) of section 3503.16 of the Revised Code but is unable to do so because of the circumstances described in division (B)(2) of this section may vote in accordance with division (B)(1) of this section if that qualified elector states in the application for absent voter’s ballots that that qualified elector moved or had a change of name under the circumstances described in division (B) or (C) of section 3503.16 of the Revised Code and if that qualified elector complies with divisions (G)(1) to (4) of section 3503.16 of the Revised Code.

(C) Any qualified elector described in division (A) or (B)(1) of this section who needs no assistance to vote or to return absent voter’s ballots to the board of elections may apply for absent voter’s ballots under section 3509.03 of the Revised Code instead of applying for them under this section.

(D) Any qualified elector described in division (A) or (B)(1) of this section to whom ballots are delivered by two employees of the board of elections or who votes with the assistance of two employees of the board of elections shall be considered to have cast absent voter’s ballots by mail, rather than in person, for the purpose of the laws governing voter identification. Such an elector may provide any of the types of identification acceptable for mail-in absent voter’s ballots to the election officials at the time the ballots are delivered to the elector or at the time the election officials assist the elector in marking the ballot, as the case may be.

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; 01-27-2006; 2006 HB3 05-02-2006; 2007 HB119 09-29-2007

This section is set out twice. See also § 3509.08, effective prior to amendment by HB 194 of the 129th Legislature.

Effective Date: 07-26-1974

(A) The poll list or signature pollbook for each precinct shall identify each registered elector in that precinct who has requested an absent voter’s ballot for that election.

(B)(1) If a registered elector appears to vote in that precinct and that elector has requested an absent voter’s ballot for that election but the director has not received a sealed identification envelope purporting to contain that elector’s voted absent voter’s ballots for that election, the elector shall be permitted to cast a provisional ballot under section 3505.181 of the Revised Code in that precinct on the day of that election.

(2) If a registered elector appears to vote in that precinct and that elector has requested an absent voter’s ballot for that election and the director has received a sealed identification envelope purporting to contain that elector’s voted absent voter’s ballots for that election, the elector shall be permitted to cast a provisional ballot under section 3505.181 of the Revised Code in that precinct on the day of that election.

(C)(1) In counting absent voter’s ballots under section 3509.06 of the Revised Code, the board of elections shall compare the signature of each elector from whom the director has received a sealed identification envelope purporting to contain that elector’s voted absent voter’s ballots for that election to the signature on that elector’s registration form. Except as otherwise provided in division (C)(3) of this section, if the board of elections determines that the absent voter’s ballot in the sealed identification envelope is valid, it shall be counted. If the board of elections determines that the signature on the sealed identification envelope purporting to contain the elector’s voted absent voter’s ballot does not match the signature on the elector’s registration form, the ballot shall be set aside and the board shall examine, during the time prior to the beginning of the official canvass, the poll list or signature pollbook from the precinct in which the elector is registered to vote to determine if the elector also cast a provisional ballot under section 3505.181 of the Revised Code in that precinct on the day of the election.

(2) The board of elections shall count the provisional ballot , instead of the absent voter’s ballot , if both of the following apply:

(a) The board of elections determines that the signature of the elector on the outside of the identification envelope in which the absent voter’s ballots are enclosed does not match the signature of the elector on the elector’s registration form;

(b) The elector cast a provisional ballot in the precinct on the day of the election.

(3) If the board of elections does not receive the sealed identification envelope purporting to contain the elector’s voted absent voter’s ballot by the applicable deadline established under section 3509.05 of the Revised Code, the provisional ballot cast under section 3505.181 of the Revised Code in that precinct on the day of the election shall be counted as valid, if that provisional ballot is otherwise determined to be valid pursuant to section 3505.183 of the Revised Code.

(D) If the board of elections counts a provisional ballot under division (C)(2) or (3) of this section, the returned identification envelope of that elector shall not be opened, and the ballot within that envelope shall not be counted. The identification envelope shall be endorsed “Not Counted” with the reason the ballot was not counted.

Effective Date: 01-27-2006; 05-02-2006

This section is set out twice. See also § 3509.09, as amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment is subject to referendum in the Nov. 6, 2012 election.

3509.09 [Second of Two Versions] Poll list to identify electors requesting absent voter’s ballot

(A) The poll list or signature pollbook for each precinct shall identify each registered elector in that precinct who has requested an absent voter’s ballot for that election.

(B)(1) If a registered elector appears to vote in that precinct and that elector has requested an absent voter’s ballot for that election but the board of elections has not received a sealed identification envelope purporting to contain that elector’s voted absent voter’s ballots for that election, the elector shall be permitted to cast a provisional ballot under section 3505.181 of the Revised Code in that precinct on the day of that election.

(2) If a registered elector appears to vote in that precinct and that elector has requested an absent voter’s ballot for that election and the board has received a sealed identification envelope purporting to contain that elector’s voted absent voter’s ballots for that election, the elector shall be permitted to cast a provisional ballot under section 3505.181 of the Revised Code in that precinct on the day of that election.

(C)(1) In counting absent voter’s ballots under section 3509.06 of the Revised Code, the board of elections shall compare the signature of each elector from whom the board has received a sealed identification envelope purporting to contain that elector’s voted absent voter’s ballots for that election to the signature on that elector’s registration form. Except as otherwise provided in division (C)(3) of this section, if the board of elections determines that the absent voter’s ballot in the sealed identification envelope is valid, it shall be counted. If the board of elections determines that the signature on the sealed identification envelope purporting to contain the elector’s voted absent voter’s ballot does not match the signature on the elector’s registration form, the ballot shall be set aside and the board shall examine, during the time prior to the beginning of the official canvass, the poll list or signature pollbook from the precinct in which the elector is registered to vote to determine if the elector also cast a provisional ballot under section 3505.181 of the Revised Code in that precinct on the day of the election.

(2) The board of elections shall count the provisional ballot, instead of the absent voter’s ballot, if both of the following apply:

(a) The board of elections determines that the signature of the elector on the outside of the identification envelope in which the absent voter’s ballots are enclosed does not match the signature of the elector on the elector’s registration form;

(b) The elector cast a provisional ballot in the precinct on the day of the election.

(3) If the board of elections does not receive the sealed identification envelope purporting to contain the elector’s voted absent voter’s ballot by the applicable deadline established under section 3509.05 of the Revised Code, the provisional ballot cast under section 3505.181 of the Revised Code in that precinct on the day of the election shall be counted as valid, if that provisional ballot is otherwise determined to be valid pursuant to section 3505.183 of the Revised Code.

(D) If the board of elections counts a provisional ballot under division (C)(2) or (3) of this section, the returned identification envelope of that elector shall not be opened, and the ballot within that envelope shall not be counted. The identification envelope shall be endorsed “Not Counted” with the reason the ballot was not counted.

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: 01-27-2006; 05-02-2006

This section is set out twice. See also § 3509.09, effective prior to amendment by HB 194 of the 129th Legislature.

If a board of elections receives an application for absent voter’s ballots under this chapter and it is apparent to the board that the absent voter is a uniformed services voter or overseas voter, as defined in section 3511.01 of the Revised Code, the board shall consider that applicant to have applied for uniformed services or overseas ballots under Chapter 3511. of the Revised Code and shall provide those ballots to that voter in accordance with the timelines and procedures applicable to uniformed services and overseas absent voters.

Added by 129th General Assembly File No. 46, HB 224, § 1, eff. 10/27/2011.