Chapter 3504 | Presidential Ballots - Former Residents

Section 3504.01 | Voting in presidential elections by voters who have moved from Ohio.

• Effective: August 15, 2012
• Latest Legislation: Senate Bill 295 - 129th General Assembly

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.

Section 3504.02 | Certificate of intent to vote.

• Effective: September 8, 2016
• Latest Legislation: House Bill 359 - 131st General Assembly

(A) 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.

(B) 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."

(C) If the applicant has a confidential voter registration record, as described in section 111.44 of the Revised Code, the applicant may include the applicant's program participant identification number instead of the applicant's residence address or precinct in the certificate of intent.

Section 3504.04 | List of former resident who have filed certificates of intent to vote at polling places.

• Effective: September 8, 2016
• Latest Legislation: House Bill 359 - 131st General Assembly

(A) Except as provided in division (B) of this section, 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.

(B) The list of persons described in division (A) of this section shall not include any person who has a confidential voter registration record, as described in section 111.44 of the Revised Code. Such a person may vote for presidential and vice- presidential electors only by casting absent voter's ballots.

Section 3504.05 | Notification of new state of residence certificates of intent to vote in Ohio.

• Effective: August 15, 2012
• Latest Legislation: Senate Bill 295 - 129th General Assembly

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.

Section 3504.06 | Penalty.

• Effective: July 1, 1996
• Latest Legislation: Senate Bill 2 - 121st General Assembly

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.