Prepared with the generous Pro-Bono resources of Ballard Spahr Andrews & Ingersoll, LLP
together with the Lawyers’ Committee for Civil Rights Under Law.
OHIO
LEGAL MANUAL
2008 PRIMARY ELECTION
Disclaimer:
This guide is designed for informational purposes only. It is not legal advice and is not intended to
create an attorney-client relationship. The Election Protection Coalition does not warrant any
information contained in this guide, nor does the Coalition suggest that the information in this guide
should be used as a basis to pursue legal advice or decision making.
TABLE OF CONTENTS
EXECUTIVE SUMMARY
1. OHIO VOTERS’ BILL OF RIGHTS……………………………………………..1
2. STATE AND LOCAL ELECTION OFFICIALS….…………………………….3
A. Secretary of State
B. County Boards of Elections
C. Precinct Election Officials
D. Training
E. Primary Elections
3. RESTORATION OF VOTER RIGHTS………………………………………….5
4. VOTER REGISTRATION: INFORMATION FOR REGISTRANTS………...5
A. Registration Eligibility
B. Basis of Ineligibility
C. Qualifications Needed in Order to Vote
D. Requesting Registration Applications
E. Returning Registration Applications
F. Accessibility of Registration Places
G. Assistance with Registration and Other Election Documents
H. Technical Error on Applications
5. VOTER REGISTRATION: RULES AND REQUIREMENTS APPLICABLE TO
ELECTION OFFICERS AND GROUPS……………………………………..…....8
A. Time limit for processing applications
B. Copying Voter Registration Applications
C. Registration Information Brochure
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D. Statewide Voter Registration Database
E. Third Party Registration Groups
6. REMOVAL OF VOTERS FROM REGISTRATION LISTS…………………..12
A. Generally
B. Program for the Removal of Voters Who Have Changed Residence
C. Failure to Respond to Registration Confirmation Notice
D. Time Limits and Maintenance of Records
E. Correcting the Registration List: Applications and Challenges
7. MOVING............................................................................................................14
A. Moving Within the Same Precinct
B. Moving Between Precincts Within the Same County
C. Moving Between Counties
D. Moving to Another State
E. Inability to Appear in Person
8. ABSENTEE VOTING.......................................................................................15
A. 2008 Deadlines
B. Who May Vote by Absentee Ballot?
C. Requesting Absentee Ballots
D. Returning Absentee Ballots
E. Casting a Ballot in Precinct on Election Day When an Absentee Ballot Has
Previously Been Requested
F. Assistance with Absentee Voting
9. ABSENTEE VOTING FOR OVERSEAS AND MILITARY VOTERS.....20
A. Single Federal Postcard Application
B. Armed Services Absent Voter’s Ballot
C. Ohio State Militia
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10. IDENTIFICATION.........................................................................................24
11. CERTIFICATION OF VOTING MACHINES.............................................24
12. POLLING PLACES.........................................................................................26
A. Polling Place Locations/Changes
B. Hours Polls to be Open
C. Voting Information
D. Who May be Present
E. Number of Voting Booths
F. Casting a Ballot
G. Observers
H. Campaigning at the Polling Place
I. Closing the Polls
13. ASSISTANCE TO VOTERS AT THE POLLING PLACE.........................29
A. Voters Unable to Enter
B. Assistance In the Voting Booth
C. Attorney in Fact
D. Assistance in Languages Other Than English
E. Accessibility to Voters with Disabilities
14. PROVISIONAL VOTING.............................................................................31
15. CHALLENGES..............................................................................................34
A. Grounds for Challenge
B. Procedure When Challenged - Before Election Day
C. Procedure When Challenged - On Election Day
16. VOTER INTIMIDATION; INTERFERENCE WITH VOTERS; UNLAWFUL
PRACTICES...................................................................................................36
17. COUNTING THE BALLOTS.......................................................................37
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A. Generally
B. Counting Provisional Ballots
C. Counting Absentee Ballots
D. Recount Procedures
APPENDIX:
Appendix A: Voter Registration and Absentee Ballot Applications
Appendix B: Boards of Election
Appendix C: 2008 Election Calendar
Appendix D: Restoring Your Right to Vote, Ohio
Appendix E: Provisional Ballot Affirmation and Verification Statement
Appendix F: Challenge Questions
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1. OHIO VOTER’S BILL OF RIGHTS
YOU HAVE THE RIGHT TO VOTE – it’s the law, and you have the proof in your hands!
You’ll notice letters and numbers after each of your rights listed below; those codes tell lawyers
and poll-workers where to find the actual Ohio statute that protects your right to vote. These
rights are guaranteed to properly registered and qualified voters. You have the right to take this
Bill of Rights into the voting booth with you. If you feel your rights have been violated, please
find an Election Protection volunteer to assist you or call toll free:
1-866-OUR-VOTE (1-866-687-8683).
YOU HAVE THE RIGHT TO VOTE:
1. IF YOU ARE IN LINE at the polling place when the polls open at 6:30 a.m. or close at 7:30
p.m. Ohio Revised Code § 3501.32 (A) (2003)
2. WITH IDENTIFCATION at your assigned polling place. Ohio has instituted new rules
requiring voters to show identification. § 3505.18. If you do not have photo identification
call 1-866-OUR-VOTE (1-866-687-8683) to find out what to bring to the polling place.
3. BY PROVISIONAL BALLOT if your name does not appear on the precinct register or your
eligibility to vote cannot be determined. A voter must be in the correct precinct in order for
the provisional ballot to count. § 3505.181(A)(1)
4. TO REQUEST ASSISTANCE if you cannot read or write, or you are blind or otherwise
disabled. You may choose anyone to assist you except your employer, an agent of your
employer, or an officer or agent of your union. § 3505.24; see also 42 U.S.C. § 1973aa-6
5. RECEIVE UP TO THREE REPLACEMENT BALLOTS from the election officials if you
make a mistake on your ballot while voting. § 3505.23
6. AT YOUR NEW POLLING PLACE BY PROVISIONAL BALLOT if you have moved to a
new precinct within the county in which you are registered to vote. You must also appear at
the Board of Elections to complete a written affirmation that you have moved and will not
attempt to vote at any other location. § 3503.16(B)(2)
7. BY PROVISIONAL BALLOT AFTER YOU HAVE CHANGED YOUR NAME, after
filling out a written statement of the name change. §§ 3503.16(B)(1), (2), (C);
3505.181(A)(10)(b)
8. WITHOUT BEING SOLICITED by anyone inside the area around the polling place marked
by small U.S. flags, or within ten (10) feet if you are in line outside that area. § 3501.35(B)
9. BY PROVISIONAL BALLOT EVEN IF SOMEONE CHALLENGES your right to vote. §§
3505.181(A)(7), 3505.20
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10. TAKING UP TO FIVE MINUTES IN THE VOTING BOOTH if all booths are occupied and
voters are waiting in line. If not, you may take longer than five (5) minutes. § 3505.23
11. FROM THE VEHICLE THAT BROUGHT YOU TO THE POLLING PLACE OR AT THE
DOOR if your polling place is inaccessible to you because of a disability. § 3501.29(C)
12. WHILE YOU ARE IN JAIL as long as you have not been convicted of a felony, and UPON
RELEASE FROM PRISON FOR CONVICTION OF A FELONY after re-registering even
while you are on probation or parole. §§ 2961.01, 3503.21
13. YOU HAVE THE RIGHT TO TAKE THIS BILL OF RIGHTS INTO THE VOTING
BOOTH WITH YOU. AGO 76-74 (April 6, 1976); DE 82-13 (June 23, 1982).
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2. STATE AND LOCAL ELECTION OFFICIALS [§§ 3501]
The local precinct election officials appointed by the county Boards of Elections control
Election Day operations in large part. The local precinct and county officials are all ultimately
accountable to the Secretary of State.
A. Secretary of State
The Ohio Secretary of State is the chief election officer for the state and is elected to a
four-year term. The secretary prescribes all election and registration rules, as well as all forms
for registration and voting. The secretary appoints members of the county election Board of
Electionss as well as the Ballot Board, which prescribes the language used on the ballots. [§§
3501.04, 3501.05]
Under new legislation, the Secretary of State must create and maintain a statewide voter
registration database. (See Section 5(D)) [§ 3503.15] He or she must also adopt rules to require
each Board of Elections to remove ineligible voters from the statewide voter registration
database and prescribe a general program for registering voters and updating voter registration
information at designated agencies. [§ 3501.05]
The Secretary of State must also develop and make available on the office’s website a
training program for any person who receives or expects to receive compensation for registering
a voter and prescribe a program under which each Board of Elections shall register any person
who receives or expects to receive compensation for registering a voter in the county.
[§ 3503.29(A), (B)]
Either the Secretary of State or the Board of Elections may request that a police officer be
assigned to duty at a precinct polling place. [§ 3501.34]
B. County Boards of Elections
The contact information for each county Board of Elections is listed in Appendix B.
1. The Secretary of State must appoint four (4) electors from each county to
serve four-year terms on the county Board of Elections. [§ 3501.06]
2. The county Board of Elections must:
i. Establish election precincts; [§3501.11]
ii. Appoint precinct officials; [§3501.11]
iii. Provide for the purchase and maintenance of voting supplies,
including ballot boxes, equipment, and instruction cards; [§3501.11]
iv. Prepare and submit to the proper appropriating officer a budget
estimating the cost of elections for the ensuing fiscal year;
[§3501.11]
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v. Maintain voter registration records, make reports concerning voter
registration as required by the Secretary of State, and remove
ineligible electors from voter registration lists in accordance with
law and directives of the Secretary of State; [§3501.11]
vi. Fix and provide places for registration and voting; [§3501.11]
vii. Fourteen days before the election, provide to each precinct a
complete and official registration list for each precinct;
[§3503.23(A)]
viii. Investigate irregularities in the conduct of precinct officials; [§
3501.11]
ix. Receive and canvass returns from voting precincts, to be certified
and transmitted to the Secretary of State. [§§ 3501.11, 3505.33].
x. Make and issue rules and instructions, as necessary, for the guidance
of election officers and voters; and [§3501.11]
xi. Provide for the issuance and posting of notices as required by law.
[§3501.11]
C. Precinct Election Officials
The Boards of Elections of the several counties appoint four (4) competent electors who
are residents of the county in which the precinct is located as judges. Precinct officials serve a
one-year term. Not more than one-half of the total number of judges may be members of the
same political party. A Board of Elections may, at any time, appoint more judges to expedite
voting, so long as there are equal numbers appointed from the two (2) major political parties. [§
3501.22]
The Board of Elections may designate two (2) precinct election officials to count and
tally the votes cast and certify the results of the election at each precinct, and perform other
duties as provided by law. To expedite the counting of votes at each precinct, the Board of
Elections may appoint additional officials, not more than one-half of whom shall be members of
the same political party. [§ 3501.22]
The Board of Elections must designate one precinct official who is a member of the
dominant political party as presiding judge. The presiding judge holds overall responsibility for
that polling place, receives statements from disabled voters, and presides over voter eligibility
challenge hearings. [§§ 3501.22, 3505.20]
Precinct officials enforce peace and good order in the polling place and protect electors
from intimidation, molestation, and interference by others. Precinct officials have authority to
order police officers to remove or arrest anyone who violates the rules of the polling place. [§§
3501.33, 3501.34]
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Precinct officials perform all of the duties provided by law for receiving the ballots and
supplies, opening and closing the polls, and overseeing the casting of ballots during the time the
polls are open, as well as any other duties provided by the election laws. [§ 3501.22].
On Election Day, precinct election officials must ensure that one copy of the official
registration list provided by the Board of Elections is posted in an area of the polling place that is
easily accessible by the time the polls open. At 11:00 a.m. and 4:00 p.m., the precinct officials
must mark, on the official posted registration list, the names of those registered voters who have
voted. [§ 3503.23(B)(1), (2)]
D. Training
Each Board of Elections must establish a training program for election officials as
prescribed by the Secretary of State. This training must cover the rules, procedures, and laws
pertaining to elections. Each official must complete the training before the first election in which
he or she is to serve, and the training must be held no more than sixty (60) days before the
election in which the official will participate. The Board of Elections will instruct previously
trained officials only when the Board of Elections or the Secretary of State considers it
necessary, except that the Board of Elections must reinstruct election officials least once every
three (3) years and must reinstruct presiding judges before the primary election in even-
numbered years. [§ 3501.27]
E. Primary Elections
The same procedures and rules apply during primary elections.
3. RESTORATION OF VOTER RIGHTS [§§ 2961, 3505]
A resident of Ohio who has been convicted of a felony and is incarcerated may not vote
in Ohio elections. The right to vote is automatically restored upon release from prison. The
right to vote is restored while on probation, parole, judicial release, conditional pardon, or a post-
release control sanction; however, a voter must re-register in order to be put back on the voting
rolls. [§§ 2961.01(A), 3505.21]
A resident of another state who is incarcerated in Ohio may be able to vote in his or her
home state, depending on the laws of that state. If a resident of Ohio is incarcerated in another
state or in federal prison, his or her eligibility to vote is governed by Ohio law. [§ 2961.01(B)]
A person convicted of a felony in any state may not circulate or serve as a witness for the
signing of any declaration of candidacy and petition, voter registration application, or
nominating, initiative, referendum or recall petition. [§ 2961.01(B)]
4. VOTER REGISTRATION: INFORMATION FOR REGISTRANTS [§§2961,
3501, 3503, 3505, 3599]
A. Registration Eligibility
In order to be eligible to register to vote in Ohio an individual must:
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1. be a citizen of the United States;
2. be at least eighteen (18) years old on or before the date of the next
election;
3. have been a resident of the county and precinct in which the individual
intends to vote for thirty (30) days; and
4. not be otherwise disqualified to vote (see Section 4(B)).
[§§ 3503.06, 3503.07]
An elector may vote in a primary election if he or she will be at least eighteen (18) years
old on or before the date of the general election and he or she has registered with the political
party in whose primary election he or she desires to vote. [§ 3503.011]
According to the Secretary of State’s website, a student may vote using the student’s Ohio
school residence address if both: (1) the school residence is the place in which the student’s
permanent habitation is fixed and to which, whenever the student leaves, the student intends to
return, and (2) the student intends to reside permanently in the Ohio county in which the school
residence is located. See: http://www.sos.state.oh.us/sos/PublicAffairs/VoterInfoGuide.aspx?
Section=14; see also http://www.sos.state.oh.us/sos/PublicAffairs/VoterInfoGuide.aspx?
Section=13
Note, however, that the Equal Protection Clause of the Fourteenth Amendment to the United
States Constitution guarantees the rights of student voters to register and cast a ballot on equal
terms as non-student residents in the location where they go to school. Consequently, election
officials may not prohibit students from registering, nor require students to complete any
additional registration materials based on their status as students.
B. Basis of Ineligibility
An individual is not entitled to vote in Ohio if he or she:
1. has not been a resident of Ohio for thirty (30) days immediately preceding
the election; or [§ 3503.01]
2. is not registered to vote; or [§ 3503.01]
3. is not a citizen of the United States; or [§ 3503.01]
4. is currently incarcerated for the commission of a felony. [§2961.01]
C. Qualifications Needed in Order to Vote
Every citizen of the United States who is at least eighteen (18) years of age, who has
resided in Ohio for thirty (30) days immediately preceding an election, who has been registered
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to vote for thirty (30) days, and who has the qualifications of an elector may vote in all elections
in the precinct in which the citizen resides. [§ 3503.01]
Persons awaiting trial may vote even while they are in jail as long as they have not been
convicted. The right to register to vote is automatically restored upon release from prison. Ohio
residents can also vote while they are on probation, judicial release or if they have been released
on a conditional pardon or are under a post-release control sanction. In order to vote, a person
who has been incarcerated for a felony conviction must re-register. [§ 2961.01] See Section 3
and Appendix D for further details.
D. Requesting Registration Applications
1. In person
A voter may register to vote by visiting the Secretary of State’s office or the county
Board of Elections; when applying for or renewing a driver’s license, a commercial driver’s
license, or state of Ohio identification card; at branch registration offices or locations established
by a Board of Elections; at any public high school or vocational school; at public libraries; at
county treasurer’s offices; or when applying for services at numerous state and federal
government agencies. [§§ 3503.10(B), 3503.11.] Designated agencies that provide public
assistance or disability programs must appoint a person to serve as coordinator for the voter
registration program within the agency and its departments, divisions, and programs. [§§
3501.01(X), 3503.10(A),(B)] If the designated agency provides services primarily to persons
with disabilities in their homes under a state-funded program, they must provide persons the
opportunity to register in their homes. [§ 3503.10(E)(3)]
Voters do not have to designate a party when registering.
Each Board of Elections must remain open until 9:00 p.m. on the last day of voter
registration for a primary or general election. [§ 3505.10(B)]
2. By mail
Mail-in applications may be requested by mail, e-mail, fax or phone from the Secretary of
State’s office. You can also request a voter registration form on the web at
http://www.sos.state.oh.us/sosapps/voter/vrequest.aspx . A copy of the voter registration is
included in Appendix A.
E. Submitting Registration Applications
Voter registration applications may be submitted:
1. In Person: at the office of the Secretary of State, office of the Board of
Elections any state or local office of a designated agency, at the office of the registrar or any
deputy registrar or motor vehicles, at a public high school or vocational school, at a public
library, at the office of a county treasurer, or at a branch office established by the Board of
Elections. The application must be received no later than the thirtieth day before the election in
order for the applicant to be eligible to vote in that election. [§ 3503.19(A)]
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2. Through Another Person: at the office of the Secretary of State or at the
office of the Board of Elections. Applications must be received before the thirtieth day before
the election in order for the applicant to be eligible to vote in that election. [§
3503.19(B)(2)(b),(c),(d)]
3. By Mail: to any state or local office of a designated agency, to a public
high school or vocational school, to a public library, to the office of a county treasurer, to the
office of the Secretary of State, or to the office of a county Board of Elections. Applications
must be postmarked no later than the thirtieth day before the election in order for the applicant
to be eligible to vote in that election. [§ 3503.19(A), (B)]
F. Accessibility of Registration Places
All registration places must be free of barriers that would impede access by persons with
disabilities. Entrances must be level or must be equipped with a ramp, and doors must be at least
thirty-two (32) inches wide. [§ 3503.12]
G. Assistance with Registration and Other Election Documents
Another person may assist a voter in filling out the registration form. Any applicant who
is unable to sign the applicant’s own name shall make an “X,” if possible, which shall be
certified by the signing of the name of the applicant by the person filling out the form, who shall
add the person’s own signature. If an applicant is unable to make an “X,” the applicant shall
indicate in some manner than he or she desires to register to vote or to change his or her name or
residence. The person registering the applicant shall sign the form and attest that the applicant
indicated that the applicant desired to register to vote or to change the applicant’s name or
residence. [§ 3503.14(C)]
Alternatively, a registered voter who, by reason of physical disability, is unable to sign
his or her name on any election document, including a change of name or change of residence
form, may authorize a legally competent Ohio resident 18 years of age or older as an attorney in
fact to sign on the voter’s behalf, at the voter’s direction and in the voter’s presence. In order to
do this, the disabled voter must file with the Board of Elections the power of attorney form
prescribed by the Secretary of State (see Section 13). [§ 3501.382]
An applicant may return an applicant’s completed registration form in person, by mail, or
through another person (see Section 4(E)).
H. Technical Error on Applications
When a person who is eligible to register to vote has mistakenly registered in a precinct
which is not his or her place of residence, the Board of Elections may allow the registrant to
correct the registration form. The Board of Elections may correct all errors when it finds that the
errors were not fraudulent. [§ 3503.30]
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5. VOTER REGISTRATION: RULES AND REQUIREMENTS APPLICABLE
TO ELECTION OFFICERS AND GROUPS [§§ 3503, 3599]
A. Time limit for processing applications
Voter registration applications received at the bureau of motor vehicles, any public high
school, public library, county treasurer’s office, or when applying for services at numerous state
and federal government agencies must be forwarded to the appropriate county Board of Elections
within five (5) days after being accepted by the agency. [§§ 3503.10(B), (E)(2), 3503.11]
When the Board of Elections receives a voter registration application and is satisfied as to
the truth of the statements made in the form, the Board of Elections shall register the applicant
not later than twenty (20) days after receiving the application, unless that application is received
during the thirty (30) days immediately proceeding the day of an election. The Board of
Elections must promptly notify the applicant in writing of the applicant’s registration, the
precinct in which the applicant is to vote, and the identification requirements for voting. See
Section 10. The notification must be by nonforwardable mail, and if the notification is returned
to the Board of Elections, the Board of Elections must investigate and forward the notice to the
correct address. [§ 3503.19(C)(1)]
If after investigating, the Board of Elections is unable to verify the voter’s correct
address, it must mark the voter’s name on the official registration list, indicating that the
notification was returned to the Board of Elections. At the first election at which a voter whose
name has been so marked appears to vote, the voter will be required to provide identification to
election officials and to cast a provisional ballot. [§ 3503.19(C)(2)]
If the Board of Elections does not accept the registration application, it will immediately
mail the applicant a notice stating why the application was rejected and requesting whatever
information or verification is necessary to complete the application. See http://www.sos.state.
oh.us/sos/PublicAffairs/VoterInfoGuide.aspx?Section=14
B. Copying Voter Registration Applications
There is no legislative prohibition in Ohio that bars individuals or groups from copying
blank or completed voter registration applications before they are submitted. After they are
completed and submitted, voter registration applications may be copied from the registration lists
only in the county Board of Election office when it is open for business. However, the lists may
not be copied between the twenty-first day before an election and the eleventh day after an
election if the copying will, in the opinion of the Board of Elections, interfere with the necessary
work of the Board of Elections. The Board of Elections must keep a correct set of the
registration lists of all precincts in the county in convenient form and available for public
inspection. [§ 3503.26]
C. Registration Information Brochure
The Secretary of State must develop an information brochure on voter registration. The
brochure must include, but is not limited to, the following information:
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1. The applicable deadlines for registering to vote or for returning an
applicant’s completed registration form;
2. The applicable deadline for returning an applicant’s completed registration
form if the person returning the form is being compensated for registering
voters;
3. The locations to which a person may return an applicant’s completed
registration form;
4. The location to which a person who is compensated for registering voters
may return an applicant’s completed registration form;
5. The registration and affirmation requirements applicable to persons who
are compensated for registering voters; and
6. A notice regarding identification requirements at the polls.
[§ 3503.28]
A Board of Elections, designated agency, public high school, public vocational school,
public library, office of a county treasurer, or deputy registrar of motor vehicles must distribute a
copy of this brochure to any person who requests more than two (2) voter registration forms at
one time. A Board of Elections is not, however, required to distribute a copy of the brochure to
any person who is requesting more than two (2) voter registration forms in the course of the
official’s or employee’s normal duties (i.e. an election official, employee of a public high school,
public library, designated agency, etc.). The brochure must also be made available to any person
who prints a voter registration form from the website of the Secretary of State or of a county
Board of Elections. [§ 3503.28]
Note: As of February 2008, when this manual was last updated, the registration
information on the Secretary of State’s website did not yet incorporate H.B. 3, nor had the
Secretary of State developed the registration information brochure or training program
mentioned in this section. According to the Secretary of State’s website, a recent federal court
decision now prohibits certain provisions of H.B. 3, as enacted by the Ohio Legislature, from
being applied to persons who are compensated for assisting with voter registration. See Section
E below.
D. Statewide Voter Registration Database
The Secretary of State must establish and maintain a statewide voter registration database
that must be continuously available to each Board of Elections. This database is the official list
of registered voters for all elections conducted in the state. [§ 3503.15(A), (B)] In the first
quarter of each odd-numbered year, the Secretary of State must send the registration list to the
national change of address service provided by the U.S. Postal Service and request that the
service provide the Secretary of State with a list of any voters on the registration lists sent by the
Secretary of State who have moved within the last thirty-six (36) months. The Secretary of State
must then transmit to each appropriate Board of Elections whatever lists the Secretary of State
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receives from that service. The county Board of Elections will send a notice to each person on
the list transmitted by the Secretary of State requesting confirmation of the person’s change of
address, together with a postage prepaid, preaddressed return envelope containing a form on
which the voter may verify or correct the change of address information. [§ 3503.21(D)] This
process must be completed not later than ninety (90) days prior to the date of any federal
election. [§ 3503.21(B)] Each county Board of Elections must also engage in a supplemental
process to identify and contact those voters who have not filed a change of address with the
Postal Service, but who have not voted in any election, nor engaged in any voter activity or
otherwise communicated with the Board of Elections in the preceding two (2) years. These
voters must also receive a notice by forwardable mail which includes a postage-prepaid, pre-
addressed Confirmation Return Notice on which the elector may verify or update his or her
address. Registration may be cancelled two (2) years after the postmark date on this
Confirmation Notice unless the elector returns the card verifying an address in the county,
properly updates his or her voter registration and submits it to the Board of Elections, or votes or
engages in voter activity before that four-year period ends. [Directive No. 2007-11].
E. Third Party Registration Groups
Note: The enforcement of provisions pertaining to pre-registration, training and affirmation
requirements under § 3505.29, the direct return requirement under § 3505.19 and § 3505.11,
and the compelled disclosure requirement of § 3505.14, were all subject to a preliminary
injunction issued by the United States District Court for the Northern District of Ohio in
September 2006, and summary judgment for plaintiffs was granted on those claims in February
2008. See Project Vote v. Blackwell, 455 F.Supp.2d 694 (N.D.Ohio 2006) and 2008 U.S. Dist.
Lexis 9878. As of the date of this update, no appeal has yet been filed. The Voter Registration
page at the web-site of the Secretary of State (http://www.sos.state.oh.us/sos/
PublicAffairs/VoterInfoGuide.aspx?Section=14) now states: “A recent federal court case now
prohibits certain provisions of Am. Sub. H.B. 3 as enacted by the Ohio legislature from being
applied to persons who are compensated for assisting with voter registration.” In light of the
court decision and the statement on the Secretary’s website, it appears that these provisions will
not be enforced in connection with the March 2008 primary election, and therefore, they are
omitted.
6. REMOVAL OF VOTERS FROM REGISTRATION LISTS [§ 3503]
A. Generally
Once a voter is registered, the name of that voter may not be removed from the
registration books except under the following circumstances: [§ 3503.21 (A)]
1. At the written request of the voter;
2. By reason of the voter’s conviction of a felony;
3. Adjudication of incompetency for voting;
4. By death of the voter;
- 11 -
5. By reason of a change of residence outside of the county of registration
(see subsection B of this Section);
6. Because of failure of the elector after having been mailed a confirmation
notice to (a) respond to the notice and vote at least once during a period of
four consecutive years including at least two (2) general federal elections
or (b) to update his or her registration and vote at least once during a
period of four consecutive years including two (2) general federal
elections (see subsection C of this Section). [§ 3503.21 (A)]
B. Program for the Removal of Voters Who Have Changed Residence
The Secretary of State must prescribe procedures to identify and cancel the registration in
a prior county of residence of any registrant who changes his or her registration address outside
his or her county of registration. These procedures may employ the change of address service
provided by the U.S. Postal Service. Any program for the removal of voters must be completed
not later than ninety (90) days prior to the date of any primary or general election for federal
office. [§ 3503.21(B)(1)]
The registration of any elector identified as having changed his or her address outside his
or her county of registration may not be canceled unless the registrant is sent a confirmation
notice on a form prescribed by the Secretary of State and the registrant fails to respond to the
confirmation notice or to otherwise update the registration and fails to vote in any election
during the period of two (2) federal general elections subsequent to the mailing of the
confirmation notice. [§ 3503.21(B)(2)]
C. Failure to Respond to Registration Confirmation Notice
If a notice of the disposition of an otherwise valid registration application is sent by
nonforwardable mail and is returned undelivered, the person shall be registered and sent a
confirmation notice by forwardable mail. If the person fails to respond to the confirmation
notice, update their registration, or vote by provisional ballot in any election during the period of
two federal elections subsequent to the mailing of the confirmation notice, the person’s
registration shall be canceled. [§ 3503.19(C)(3)]
D. Time Limits and Maintenance of Records
The registration of any voter who moves out of his or her county of registration or fails to
respond to a confirmation notice may not be canceled later than 120 days after the date of the
second general federal election in which the voter fails to vote or later than 120 days after the
expiration of the four-year period in which the voter fails to vote or respond to a confirmation
notice, whichever is later. [§ 3505.21(E)]. The Board of Elections must maintain records related
to its maintenance program for at least two (2) years, and make them available for public
inspection and copying. The records must include lists of the names and addresses of each
person to whom an address confirmation final notice was sent and information as to whether
each person responded to the mailing. [§ 3503.26]
- 12 -
E. Correcting the Registration List: Applications and Challenges
Any qualified elector of the county may apply at the office of the Board of Elections to
correct the list or challenge the right to vote of any registered elector not later than twenty (20)
days prior to the election. The applications or challenges, with the reasons for the application or
challenge, must be filed with the Board of Elections. Upon receiving the application or
challenge, the Board of Elections must promptly review its records. If it is able to make a
determination based solely on its records, the Board of Elections must immediately vote to grant
or deny the application or challenge. If the Board of Elections is unable to determine whether an
application or challenge should be granted or denied solely on the basis of its records, the
director of the Board of Elections must set a time and date for a hearing, no later than ten (10)
days prior after the Board of Elections receives the application or challenge. [§ 3503.24]
The director of the Board of Elections must send a notice at least three (3) days prior to
the hearing of any elector whose right to vote is challenged and to any person whose name is
alleged to have been omitted from a registration list to inform the person of the hearing and his
or her rights at the hearing. The director of the Board of Elections must also provide the person
who filed the application or challenge at least three (3) days written notice of the date and time of
the hearing. The Board of Elections must reach a decision on all applications and challenges
immediately after hearing. If the Board of Elections decides that the voter is not entitled to have
his or her name on the registration list, the person’s name will be removed from the list and the
person’s registration forms canceled. If the Board of Elections decides that the name of any such
person should appear on the registration list, it will be added to the list and the person’s
registration forms will be placed in the proper registration files. All corrections and additions
must be made on a copy of the precinct lists and included with other election supplies on the day
before the election. [§ 3503.24]
If an application or challenge for which a hearing is required is filed after the thirtieth day
before the day of the election, the Board of Elections may, in its discretion, postpone the hearing
until after the day of the election. Such hearing must be held no later than ten (10) days after the
day of the election. The name of any registered voter whose registration is challenged and
whose hearing is postponed will be marked in the registration list to indicate that the voter’s
registration is subject to challenge. Any voter who is the subject of an application or challenge
hearing that is postponed must be permitted to cast a provisional ballot. [§ 3503.24]
7. MOVING [§§ 3503, 3505]
A. Moving Within the Same Precinct
Any registered voter who moves within a precinct on or prior to the day of a general,
primary, or special election and has not filed a notice of change of residence with the Board of
Elections may vote in that election by going to her assigned polling place, completing and
signing a notice of change of residence, showing one of the required forms of identification (see
Section 10(H)), and casting a regular ballot. [§ 3503.16(B)(1)]
B. Moving Between Precincts Within the Same County
- 13 -
Any registered voter who (1) moves from one precinct to another within the same county,
or (2) moves from one precinct to another and changes her name prior to an election will be
permitted to vote by a provisional ballot in the new election precinct or at a location designated
by the Board of Elections provided that he or she completes and signs a notice of change of
residence or change of name. This may be done at the polling place or at the office of the Board
of Elections on Election Day or within twenty-eight (28) days of a general election (twenty-five
(25) for an election held the day of a presidential primary). Upon casting the provisional ballot,
the elector must also complete and sign an attestation that the elector has moved, has cast a
provisional ballot, and will not attempt to vote at any other location. [§ 3503.16(B)(2)]
C. Moving Between Counties
Any registered voter who moves from one county to another county within the state on or
prior to election day may vote by provisional ballot provided that he or she appears at the Board
of Elections on or after the twenty-eighth day prior to the election (the twenty-fifth day for an
election held on the day of the presidential primary) or at the Board of Elections or other
designated location on election day and completes and signs a notice of change of residence.
Upon casting the provisional ballot, the elector must also complete and sign an attestation that
the elector has moved, has cast a provisional ballot, and will not attempt to vote at any other
location. [§ 3505.16 (C)]
D. Moving to Another State
A former Ohio resident who moves outside the state is no longer eligible to vote in Ohio,
except that a citizen who moves not more than ninety (90) days prior to the presidential election,
who has not registered to vote in his or her new state, and who, because of her or his move from
Ohio, is not entitled to vote for the offices of president and vice-president or for presidential and
vice-presidential electors in the state of his or her current residence may be entitled to vote in the
Ohio precinct where he or she resided prior to moving, for presidential and vice-presidential
electors, but for no other offices if the citizen otherwise possesses the qualifications to vote in
Ohio (see Section 4(C)), except the requirements of residence and registration, and completes a
certificate of intent to vote in a presidential election under penalty of election falsification. [§
3504.01].
E. Inability to Appear in Person
A registered voter who would otherwise qualify to vote in the manner described in
Section 14(A), (B), or (C) above but who cannot appear at the Board of Elections or at the polls
by reason of personal illness, physical disability, or infirmity may request an absent voter’s ballot
on or after the twenty-seventh day prior to the election. The voter must make a written
application for an absentee ballot (see Section 8(C)), declare that he or she has moved or had a
change of name and is otherwise qualified to vote but cannot appear for one of the reasons
mentioned above. The voter must also return along with his or her absent voter’s ballot a notice
of change of residence or name and an attestation as described in Sections 7(B) and C. [§
3503.16(G)]
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8. ABSENTEE VOTING [§§ 3501, 3509]
A. 2008 Deadlines (according to the Ohio Secretary of State’s website):
see http://www.sos.state.oh.us/sos/PublicAffairs/VoterInfoGuide.aspx?Section=16
1. For Requesting Absentee Ballots:
a. For the March 4, 2008 primary:
i. By mail (or fax- for military voters only): Noon on
Saturday, March 1.
ii. In person: Close of regular business hours on Monday,
March 3.
iii. In hospital on Election Day: 3:00 p.m. on Election Day-
March 4.
b. For the November 4, 2008 general election:
i. By mail (or fax- for military voters only): Noon on
Saturday, November 1.
ii. In person: Close of regular business hours on Monday,
November 3.
iii. In hospital on Election Day: 3:00 p.m. on Election Day-
November 4.
2. For Returning Absentee Ballots:
a. For the March 4, 2008 primary:
i. For all ballots cast from anywhere within the United
States: absentee ballots must be received by the close of
the polls (7:30 p.m.) on Election Day.
ii. From outside of the United States: absentee ballots must be
postmarked before the close of the polls on Election Day
and received not later than Monday, March 24.
b. For the November 4, 2008 general election:
i. For all ballots cast from anywhere within the United States:
absentee ballots must be received by the close of the polls
(7:30 p.m.) on Election Day.
- 15 -
ii. From outside of the United States: absentee ballots must be
postmarked before the close of the polls on Election Day
and received not later than Friday, November 17.
B. Who May Vote by Absentee Ballot?
Any qualified elector may vote by absent voter’s ballot at an election. [§3509.02(A)]
Any qualified elector who is unable to appear at the office of the Board of Elections or
other designated 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 the election and has not filed a notice of change of residence or
change of name may vote by absentee ballot in that election (these voters would otherwise be
required to complete change of residence or change of name forms in person- see Section 7). In
order to do so, the elector must make a written application for an absentee ballot, (see Section
8(C)), declare that the elector has moved or had a change of name and that he or she is otherwise
qualified to vote but is unable to appear at the Board of Elections because of personal illness,
physical disability, or infirmity. The elector must also submit along with his or her absentee
ballot a notice of change of residence or change of name and a statement attesting that the elector
has moved or had a change of name; has voted by absentee ballot because of personal illness,
physical disability, or infirmity that prevented him or her from appearing at the Board of
Elections; and will not vote or attempt to vote at any other location by absentee ballot. [§§
3509.02(B), 3503.16(G)]
C. Requesting Absentee Ballots
1. A request for an absentee ballot must be made in writing and can be
received no earlier than the first day of January in the year in which an
election is to be held, or ninety (90) days before the election, whichever is
earlier. The request must be received by the county Board of Elections no
later than 12:00 noon on the third day before the election if it is mailed, or
by the close of regular business hours the day before the election if it is
delivered in person to the office of the Board of Elections. [§ 3509.03]
2. No specific form is required for requesting an absentee ballot but it must
be made in writing and must include:
i. The elector’s name;
ii. The elector’s signature;
iii. The address at which the elector is registered to vote;
iv. The elector’s date of birth;
v. One of the following:
- 16 -
a. The elector’s driver’s license number;
b. The last four digits of the elector’s social security
number; or
c. A copy of the elector’s current and valid photo
identification or a copy of a current utility bill, bank
statement, government check, paycheck or other
government document that shows the elector’s name
and address.
vi. A statement identifying the election for which absent voter’s
ballots are requested;
vii. A statement that the person requesting the ballots is a qualified
elector;
viii. If the request is for a primary election ballot, the elector’s party
affiliation; and
ix. If the elector desires ballots to be mailed to the elector, the
address to which those ballots shall be mailed.
[§ 3509.03]
A qualified elector may also use the absentee ballot request form provided by
the Secretary of State: see http://www.sos.state.oh.us/sos/electionsVoter/
forms/11a.pdf. A copy of the absentee ballot request form is included in
Appendix A.
3. Except as otherwise provided, an elector must make an application for
absentee ballot for each election (whether special, primary, or general). [§
3509.03]
4. Any qualified elector who will be outside the United States on the day of
any election during a calendar year may use a single federal postcard
application (http://www.fvap.gov/pubs/onlinefpca.pdf) to apply for absent
voter’s ballots during a give time period (See Section 9(A)).
5. Any qualified elector who will be unable to travel to the polling place on
election day as a result of the elector’s own personal illness, physical
disability, or infirmity, or on account of confinement in a jail under
sentence for a misdemeanor or awaiting trial on a felony or misdemeanor
may apply in writing to the director of the Board of Elections for the
elector’s county for an absentee ballot. The application should include the
information generally required for absentee ballot requests (see Section
8(C)(2)) and must state the reason the elector is unable to travel to the
polls on election day. The application is not valid if delivered to the
- 17 -
director of the Board of Elections prior to the ninetieth day before election
or after twelve noon on the third day before the day of the election. The
absent voter’s ballot may be mailed to the applicant or the Board of
Elections may designate two (2) Board of Elections employees belonging
to the two (2) major political parties to deliver the ballot and return it to
the Board of Elections, unless the applicant is confined to a public or
private institution within the county, in which case the ballot must be
delivered and returned by two (2) Board of Elections employees of the two
(2) major political parties. Any qualified elector that is unable to mark the
elector’s ballot as a result of physical infirmity that is apparent to the
Board of Elections employees may receive, upon request, the assistance of
the Board of Elections employees in marking the elector’s ballot. Such
assistance shall not be rendered for any other cause. When the two (2)
Board of Elections employees 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 of Elections. [§ 3509.08(A)]
6. Any qualified elector who is unable to travel to the polling place in the
elector’s precinct on the day of any general, special, or primary election
due to confinement in a hospital as a result of an accident or unforeseeable
medical emergency (to the voter or the voter’s minor child) occurring
before the 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. The application shall be made in writing and
delivered to the director of the Board of Elections no later than 3:00 p.m.
on the day of the election, and shall indicate the hospital, the date of
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 deliver the ballot to the applicant. After establishing
the validity of the circumstances claimed by the applicant, the director of
the Board of Elections shall supply an absent voter’s ballot to be delivered
to the applicant. When the applicant is in a hospital in the county where
the applicant is a qualified elector and no arrangement is made for a
family member to deliver the ballot, the director of the Board of Elections
shall arrange for delivery by two (2) Board of Elections employees
belonging to the two (2) major political parties. When the applicant is in a
hospital outside the county where the applicant is a qualified elector and
no request is made for a family member to deliver the ballot, the director
of the Board of Elections shall arrange for delivery to the applicant by
mail. [§ 3509.08(B)(1), (B)(2)] Any qualified elector who is eligible to
vote following a move or a change of name but who is unable to do so
because of circumstances described in Section 8(C)(6) may vote if the
qualified elector states in the application for absentee ballot that the
qualified elector moved or had a change of name and that he or she is
otherwise qualified to vote but is unable to appear at the Board of
Elections because of personal illness, physical disability, or infirmity. The
- 18 -
elector must also submit along with his or her absentee ballot a notice of
change of residence or change of name and a statement attesting that the
elector has moved or had a change of name; has voted by absentee ballot
because of an accident or unforeseeable medical emergency that prevented
him or her from appearing at the Board of Elections; and will not vote or
attempt to vote at any other location by absentee ballot. [§§
3509.08(B)(3), 3503.16(G)]
7. Any qualified elector who is unable to travel or is confined as described in
Section 8(C)(5) or 8(C)(6) above but who needs no assistance to vote or to
return the absent voter’s ballot to the Board of Elections may apply for an
absent voter’s ballot according to the general procedure described in
Section 8(C)(2). [§ 3509.08(C)]
D. Returning Absentee Ballots
1. Completed ballots must be delivered to the county Board of Elections in
person, by mail or by a near relative not later than the close of polls on
Election Day unless the voter is outside of the United States on Election
Day. In that case, the ballot envelope must be signed or postmarked prior
to the close of polls on Election Day and received by the Board of
Elections prior to the eleventh day after the election. [§ 3509.05]
E. Casting a Ballot in Precinct on Election Day When an Absentee Ballot Has
Previously Been Requested
If an elector has requested an absentee ballot, whether or not the elector has received the
absentee ballot, he or she may cast a provisional ballot on Election Day. If the Board of
Elections or the precinct election officials later determine that the elector has also returned an
absentee ballot, only that absentee ballot will be counted, unless the signature on the outside of
the absentee ballot envelope does not match the signature of the elector on the elector’s
registration form, in which case only the provisional ballot will be counted. Election officials
will not open the envelope containing the uncounted absentee ballot and will mark it “Not
Counted” with the reason it was not counted. 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, the provisional ballot will be counted, as long as election officials
determine that it is otherwise valid. [§ 3509.09]
F. Assistance with Absentee Voting
1. A registered voter who, by reason of physical disability, is unable to sign
his or her name on any election document may authorize a legally
competent Ohio resident eighteen (18) years of age or older as an attorney
in fact to sign on the voter’s behalf, at the voter’s direction and in the
voter’s presence. The disabled voter is required to file with the Board of
Elections a power of attorney form prescribed by the Secretary of State
(see Section 13). [§ 3501.382]
- 19 -
2. Any disabled or confined elector whose absentee ballot is delivered by
two (2) Board of Elections employees belonging to the two (2) major
political parties pursuant to § 3509.08 (A) or (B)(1); see Section 8(C)(5),
(6); and who declares to the two (2) employees that the elector is unable to
mark his or her ballot by reason of a physical infirmity that is apparent to
the employees to be sufficient to incapacitate the voter from marking the
ballot properly, may receive, upon request, the assistance of the employees
in marking the ballot. [§ 3509.08 (A)]
9. ABSENTEE VOTING FOR OVERSEAS AND MILITARY VOTERS [§§ 3509,
3511]
A. Single Federal Postcard Application
1. If an elector will be outside the United States during an election, the Board
of Elections will accept a single federal postcard application. The single
application will be treated as an application for each election for which the
elector will be absent, and the Board of Elections will mail to the applicant
any special, primary, or general election ballot as is necessary without
further application. When mailing absent voter’s ballots to a voter who
applied for them with the single postcard application, the Board of
Elections must enclose a notification that the voter must report to the
Board of Elections subsequent changes in the voter’s voting status or the
voter’s subsequent intent to vote in any such election in the precinct where
the voter is registered to vote. [§ 3509.03]. The Uniformed Overseas
Citizens Absentee Voting Act requires the state to accept these postcard
applications for elections for Federal office. [42 U.S.C. §§ 1973ff-1(4),
ff-3] A federal postcard application is available at: http://www.fvap.gov/
pubs/onlinefpca.pdf.
B. Armed Services Absent Voter’s Ballot
1. Any person serving in the armed forces of the United States, or the spouse
or dependent of any person serving in the armed forces of the United
States who resides outside this state for the purpose of being with or near
such service member, who will be eighteen (18) years of age or more on
the day of a general, primary, or special election and who is a citizen of
the United States, may cast an armed service absent voter’s ballot. [§
3511.01]
2. Any person casting an armed service absent voter’s ballot may vote only
in the precinct in which he or she resided immediately preceding the time
of leaving the state for the purpose of serving in the military or being with
or near the service member, provided that the time during which elector
continuously resided in the state immediately before leaving for that
purpose plus the time subsequent to leaving and prior to the day of the
election is at least thirty (30) days. [§ 3511.01]
- 20 -
3. Each application for armed service absent voter’s ballots must be
delivered to the director of the Board of Elections not earlier than the first
day of January of the year of the elections for which the ballots are
requested or not earlier than ninety (90) 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 preceding the day of the election, or, if
delivered in person to the office of the Board of Elections, not later than
the close of regular business hours on the day before the day of the
election. [§ 3511.02]
4. Armed services absent voter’s ballots may be obtained by any person
meeting the above requirements by applying to the director of the Board of
Elections of the county in which the person’s voting residence is located,
in one of the following ways:
i. The elector may make a written application for the ballots and
may personally deliver the application, or may mail it, send it
by fax, or otherwise send it to the director of the Board of
Elections. The application need not be in any particular form
but must contain all of the following information:
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:
i. The elector’s driver’s license number;
ii. Last four digits of the elector’s social security
number;
iii. A copy of the elector’s current and valid photo
identification, a copy of a military identification
that shows the elector’s name and current
address, or a copy of a current utility bill, bank
statement, government check, paycheck, or
other government document, other than a notice
of election or notice of voter registration, that
shows the name and address of the elector.
f. A statement identifying the election for which absent
voter’s ballots are requested;
- 21 -
g. A statement that the person requesting the ballots is a
qualified elector;
h. A statement that the elector is an absent uniformed
services voter (a member of uniformed service on active
duty absent from place of residence by reason of such
active duty, a member of the merchant marine absent by
reason of service, or a spouse or dependent of either of
the above absent because of the service of the member);
i. A statement of the elector’s length of residence in the
state immediately preceding the commencement of
service or immediately preceding the date of leaving to be
with or near the service member, whichever is applicable;
j. If the request is for a primary election ballot, the elector’s
party affiliation;
k. If the elector desires ballots to be mailed to the elector,
the address to which those ballots shall be mailed;
l. If the elector desires ballots to be sent to the elector by
fax, the fax number to which they shall be sent.
i. A military voter or relative of the voter may apply for armed
service absent voter’s ballots for use at the primary and general
elections in a given year using a single federal post card
application. See Section 9(A).
ii. A spouse or family member of a service member may apply for
an absentee ballot for the service member by providing the
following information to the Board of Elections:
a. The full name of the elector for whom ballots are
requested;
b. A statement that the elector is an absent uniformed
services voter (a member of uniformed service on active
duty absent from place of residence by reason of such
active duty, a member of the merchant marine absent by
reason of service, or a spouse or dependent of either of
the above absent because of the service of the member);
c. The address at which the elector is registered to vote;
d. A statement identifying the elector’s length of residence
in the state immediately preceding the commencement of
- 22 -
service, or immediately preceding the date of leaving to
be with or near a service member, as the case may be;
e. The elector’s date of birth;
f. One of the following:
i. The elector’s driver’s license number;
ii. The last four digits of the elector’s social
security number;
iii. A copy of the elector’s current and valid photo
identification, a copy of a military
identification that shows the elector’s name
and current address, or a copy of a current
utility bill, bank statement, government check,
paycheck, or other government document,
other than a notice of election or notice of
voter registration, that shows the name and
address of the elector.
g. A statement identifying the election for which absent
voter’s ballots are requested;
h. A statement that the person requesting the ballots is a
qualified elector;
i. If the request is for primary election ballots, the elector’s
party affiliation;
j. A statement that the applicant bears a relationship to the
elector;
k. The address to which ballots shall be mailed or the fax
number to which ballots shall be sent;
l. The signature and address of the person making the
application.
[§ 3511.02]
C. Ohio State Militia
A member of the Ohio State Militia on active duty within the state may fax or mail his or
her written application, or deliver it in person to the director of the Board of Elections in the
county in which the elector is registered. No specific form is required, but the request must
include all of the information specified in Section 9(B)(4)(i) above. If a spouse or family
- 23 -
member of the elector makes the application, he or she must use the form prescribed by the
Secretary of State. The Board of Elections may fax the absentee ballot to the elector if the
elector provides a fax number. Requests to have absent voter’s ballots mailed or faxed are not
valid if dated, postmarked, or received by the director of the Board of Elections prior to the
ninetieth day before the day of the election or if delivered to the director of the Board of
Elections later than noon of the third day preceding the day of the election, unless delivered to
the director at the office of the Board of Elections by militia member on his or her own behalf, in
which case applications will be accepted up until 4:00 p.m. of the day before the election. [§
3509.031]
10. IDENTIFICATION [§ 3505]
When an qualified elector appears at a polling place, the elector should announce his or
her full name and address to the precinct election officials and provide identification in the form
of either a current and valid photo identification or a copy of a current utility bill, bank
statement, government check, paycheck or other government document, other than a notice of
election or notice of registration, that shows the name and current address of the elector. If the
elector provides either a driver’s license or a state identification card that does not contain the
elector’s current residence address, the elector should provide the last four digits of his or her
driver’s license number or state identification card number, and the precinct election official
shall mark the poll list or signature pollbook to indicate that the elector has provided a driver’s
license or state identification card number with a former address and record the last four digits of
the elector’s driver’s license number or state identification card number. If an elector has but is
unable to provide to the precinct election officials any of the forms of identification described
above, but has a social security number, the elector may provide the last four digits of his or her
social security number and cast a provisional ballot. [§ 3505.18(A)(1),A(2)]
If an elector cannot provide any of the forms of identification mentioned above, the
elector may still be eligible to cast a provisional ballot. See Section 14.
After the elector has announced his or her full name and current address and provided
any of the forms of identification mentioned above, the elector shall then write his or her name in
the polling book and sign it. The election official will compare the signature to one provided by
the Board of Elections. The election officials may use a legible digitized signature list of voter
signatures instead of the original registration forms as the precinct register in the polling places
on Election Day if the county Board of Elections has adopted electronic data processing. Any
such electronic polling book must be approved by the Ohio Board of Voting Machine
Examiners. If the signatures match, the elector is allowed to proceed to the voting booth. If the
person is unable to sign, a precinct official must fill out the polling book for the voter and certify
it with the official’s signature. Alternatively, an attorney in fact may sign on the elector’s behalf,
at the elector’s discretion, and in the elector’s presence (see Section 13(C)). [§ 3505.18(B)]
11. CERTIFICATION OF VOTING MACHINES [§ 3506]
With limited exceptions for experimental use, no voting machine, marking device,
automatic tabulating equipment, or software for the purpose of casting or tabulating votes or for
communications among systems involved in the tabulation, storage, or casting of votes may be
- 24 -
purchased, leased, put in use, or continued to be used unless it, as well as a manual of procedures
governing its use, training materials, service, and other support arrangements, has been certified
by the Secretary of State and unless the Board of Elections of each county where the equipment
will be used has assured that a demonstration of the use of such equipment has been made
available to all interested electors. [§ 3506.05(B)]
Neither the Secretary of State nor the Board of Elections’ machine examiners appointed
to examine and approve voting equipment, nor any public officer who participates in the
authorization, examination, testing, or purchase of equipment, may have any pecuniary interest
in the equipment or any affiliation with the vendor. [§ 3506.05(B)]
The vendor must notify the Secretary of State, who must then notify the Board of
Elections, of any enhancement and any significant adjustment to the hardware or software that
could result in a patent or copyright change or that significantly alters the methods of recording
voter intent, system security, voter privacy, retention of the vote, communication of voting
records, and connections between the system and other systems. The vendor must provide the
Secretary of State with an updated operations manual for the equipment, and the Secretary of
State must forward the manual to the Board of Elections. Upon receiving such notification and
manual, the Board of Elections may require the vendor to submit the equipment to an
examination and test in order for the equipment to remain certified. The Board of Elections or
the Secretary of State must periodically examine, test, and inspect certified equipment to
determine continued compliance with the initial certification and requirements of the election
code chapter. [§ 3506.05(E)]
If at any time after the certification of equipment, the Board of Elections or the Secretary
of State is notified by the Board of Elections of any significant problem with the equipment or
determines that the equipment fails to meet the requirements necessary for approval or continued
compliance with the requirements of the election code chapter, or if the Board of Elections of
voting machine examiners determines that there are significant enhancements or adjustments to
the hardware or software or if notice of such enhancements or adjustments has not been given,
the Secretary of State must notify the users and vendors of that equipment that certification of the
equipment may be withdrawn. [§ 3506.05(F)]
The Secretary of State, in consultation with the Board of Voting Machine Examiners,
must establish, by rule, guidelines for the approval, certification, and continued certification of
the voting machines, marking devices, and tabulating equipment. The guidelines must establish
procedures requiring vendors or computer software developers to place in escrow with an
independent escrow agent approved by the Secretary of State a copy of all source code and
related documentation, together with periodic updates as they become known or available. The
Secretary of State must require that the documentation include a system configuration and that
the source code include all relevant program statements in low- or high-level languages. [§
3506.05(H)(1)]
The Secretary of State must provide each Board of Elections with rules, instructions,
directives, and advisories regarding the examination, testing, and use of the voting machine and
tabulating equipment, the assignment of duties to booth officials, the procedure for casting a vote
- 25 -
on the machine, and how the vote must be tallied and reported to the Board of Elections, and
with other rules, instructions, directives, and advisories the Secretary of State finds necessary to
ensure the adequate care and custody of voting equipment, and the accurate registering, counting,
and canvassing of the votes as required by this chapter. The Boards of Elections must be charged
with the responsibility of providing for the adequate instruction of voters and election officials in
the proper use of the voting machine and marking devices. The Board of Electionss’ instructions
must include, in counties where punch card ballots are used, instructions that each voter must
examine the voter’s marked ballot card and remove any chads that remain partially attached to it
before returning it to election officials. [§ 3506.15]
12. POLLING PLACES [§§ 3501, 3503, 3505, 3509, 3515]
A. Polling Place Locations/Changes
The county Board of Elections determines the location of polling places. When the
Board of Elections considers it necessary to change, divide, or combine any precinct or to
relocate a polling place, it must notify each of the registrants in the precinct of the change by
mail prior to the next election. When the Board of Elections changes the boundaries of any
precinct, it must also notify the Secretary of State not later than forty-five (45) days after making
the change. [§ 3501.21]
B. Hours Polls to be Open
6:30 a.m. – 7:30 p.m. Voters in line at 7:30 p.m. must be allowed to vote. [§ 3501.32]
C. Voting Information
The following voting information must be posted in every polling place on the day of
every election:
1. A sample version of the ballot that will be used for that election;
2. Information regarding the date of the election and the hours the polling
place will be open;
3. Instructions on how to vote, including how to cast a vote and how to cast a
provisional ballot;
4. Instructions for mail-in registrants and first-time voters under applicable
federal and state laws;
5. General information on voting rights under applicable federal and state
laws, including information on the right of an individual to cast a
provisional ballot and instructions on how to contact the appropriate
officials if these rights are alleged to have been violated; and
6. General information on federal and state laws regarding prohibitions
against acts of fraud and misrepresentation.
- 26 -
[§ 3505.181 (D), (E)(3); see also § 3505.12]
D. Who May be Present
No person who is not an election official, employee, observer or police officer is allowed
to enter the polling place, except for the purpose of voting, assisting another person to vote, or
for the sole purpose of reviewing the registration list that the Board of Elections is required to
post. [§§ 3501.35(B), 3505.24, 3503.23(C)]
E. Number of Voting Booths
The Board of Elections of each county must provide a sufficient number of voting
compartments, shelves, and tables for the voters. Each voting compartment must have writing
implements, voting instructions, proper lighting, and other necessary conveniences for marking
the ballot. The compartments must be screened or curtained so that ballots can be marked while
protected from the observation of others. [§ 3501.29(A)]
F. Casting a Ballot
1. If all voting booths or voting machines are occupied, and there are voters
waiting, no voter may occupy a voting booth or use a voting machine for
more than five (5) minutes. [§ 3505.23]
2. An elector, while casting his or her ballot, may not occupy a booth or
compartment already occupied. No one may speak to an elector who is
voting, unless offering assistance allowed by the election code (see
Section 11(B)). [§ 3505.23]
3. If voting machines are not being used, the elector will be given paper
ballots to be completed in the voting booth. The elector is not allowed to
leave the polling place until all of the paper ballots given to the elector
have been returned to the precinct election officials. [§ 3505.23]
4. After casting his or her vote, the elector must immediately leave the
polling place. [§ 3505.23]
G. Observers
Any political party supporting candidates to be voted upon at an election (or any group of
five or more candidates) may appoint to the Board of Elections or to any of the precincts in the
city or county one (1) qualified elector to serve as observer during the casting and counting of
the ballots. Separate observers may be appointed during the casting and during the counting of
the ballots. Any party or group of candidates appointing an observer must notify the Board of
Elections of the elections of the names and addresses of its appointees and the precincts at which
they shall serve. This notification must take place not less than eleven (11) days before the
election on a form prescribed by the Secretary of State, but an amendment may be filed with the
Board of Elections up until 4:00 p.m. the day before the election. [§§ 3505.21, 3506.13]
- 27 -
Observers serving on behalf of a political party must be appointed in writing by the
chairperson and secretary of the controlling party committee. Observers serving for any five or
more candidates must have their certificates signed by those candidates. Observers appointed to a
precinct may file their certificates with the presiding judge at the meeting on the evening prior to
the day of the election, or with the presiding judge of the precinct on the day of the election.
Upon the filing of the certificate, the person named as observer in the certificate shall be
permitted to be in and about the polling place for the precinct during the casting of the ballots
and shall be permitted to watch every proceeding of the judges of elections from the time of the
opening until the closing of the polls. The observers may also inspect the processing of ballots
and the sealing and signing of the envelopes or containers or both containing the voted ballots.
Observers may remain at the polling place or at the Board of Elections until the counting is
completed and the final returns are certified and signed. [§§ 3505.21, 3506.13]
Observers appointed to the Board of Elections may observe at the Board of Elections and
may observe at any precinct in the county. [§ 3505.21]
Observers may also be appointed to observe the counting of absentee ballots and to be
present during recounts. [§§ 3509.06(F), 3515.04, 3515.13]
The judges of elections shall protect observers in all of the rights and privileges granted
to them by Ohio election law. [§ 3505.21]
H. Campaigning at the Polling Place
It is unlawful for anyone to loiter or congregate within the area between the polling place
and the small flags of the United States placed along the sidewalks and thoroughfares leading to
the polling places, and if the line of electors waiting to vote extends beyond those small flags,
within ten (10) feet of any elector in that line. It is also unlawful for any person to interfere with
or attempt to influence any elector in casting his or her vote. [§ 3501.35(B)]
I. Closing the Polls
At the time for closing the polls, the presiding judge shall announce that the polls are
closed. The judges shall then, in the presence of observers:
1. Count the number of electors who voted, as shown in the pollbooks.
2. Count the unused ballots without removing stubs.
3. Count the soiled and defaced ballots.
4. Insert the totals of the above on the report forms provided in the pollbook.
5. Count the voted ballots. If the number of voted ballots exceeds the
number of voters whose names appear in the pollbooks, the presiding
judge shall enter in the pollbooks an explanation of that discrepancy. That
explanation, if agreed to, shall be subscribed to by all the judges. Any
- 28 -
judge having a different explanation shall enter it in the pollbooks and
subscribe to it.
6. Put the unused ballots with stubs attached, and soiled and defaced ballots
with stubs attached, in the envelopes or containers provided for that
purpose, certify the number, and then proceed to count and tally the votes
(see Section 17(A)), and certify the result of the election to the Board of
Elections.
[§ 3505.26]
13. ASSISTANCE TO VOTERS AT THE POLLING PLACE. [§ 3501, 3505]
A. Voters Unable to Enter
A disabled elector who travels to that elector’s polling place but who is unable to enter
the polling place because the polling place is not in compliance with accessibility requirements
or because the polling place is exempt from such requirements, may receive assistance in voting
from two polling place officials of major political parties, either in the vehicle that conveyed the
elector to the polling place, or at the door of the polling place. [§ 3501.29(C)]
B. Assistance In the Voting Booth
Any voter applying to vote in any election who requires assistance to vote by reason of
blindness, disability, or illiteracy may be accompanied into the voting booth and aided by any
person of the voter’s choice, other than the voter’s employer, an agent of the employer, or an
officer or agent of his or her union, to assist the voter with casting his or her vote. The voter may
also request and receive assistance in marking the ballot from two election officials of different
political parties. The voter must make a request for the assistance and state one of the above
reasons. [§ 3505.24]
C. Attorney in Fact
1. A registered voter who, by reason of disability, is unable to physically sign
the voter’s name on any election document may authorize a legally
competent Ohio resident who is eighteen years of age or older as an
attorney in fact to sign the voter’s name to the election document, at the
voter’s direction and in the voter’s presence. The voter may do this in
one of two ways:
i. The voter may file with the Board of Elections of the voter’s
county of residence a notarized form that includes or has
attached all of the following:
a. The name of the voter;
b. An attestation that the voter, by reason of disability, is
physically unable to sign election documents and that the
- 29 -
voter desires the attorney in fact to sign them on the
voter’s behalf, at the direction of the voter and in the
voter’s presence;
c. The name, address, date of birth, and, if applicable, Ohio
Supreme Court registration number of the attorney in fact
authorized to sign on behalf of the voter. A photocopy of
the attorney in fact’s driver’s license or state
identification card must be attached to the notarized form;
and
d. The form of the signature that the attorney in fact will use
when signing on the voter’s behalf.
ii. Alternatively, the voter may acknowledge, before an election
official, and file with the Board of Elections of the voter’s
county of residence a form that includes or has attached all of
the same information set forth above, in addition to an
attestation from a licensed physician that the voter has a
disability and, by reason of that disability, is physically unable
to sign election documents.
[§ 3501.382(A)(2)]
2. If the voter uses a notarized form (see subsection (1)(i) above) to
designate the attorney in fact, the notary must, in addition to performing
customary notarial acts with respect to the power of attorney form,
acknowledge that the voter in question affirmed in the presence of the
notary public the information listed in subsections (i)(a),(b), and (c)
above. [§ 3501.382(A)(2)]
3. A Board of Elections that receives either type of form described above
must:
i. Use the signature provided by the attorney in fact as the
signature that will be used when signing on behalf of the voter
for the purpose of the verifying the voter’s signature on all
election documents;
ii. Identify the voter in the pollbook as having authorized an
attorney in fact.
[§ 3501.382(B)]
4. The Secretary of State shall prescribe the form and content of the power of
attorney form and shall also prescribe the form and content of a separate
form to revoke power of attorney. [§ 3501.382(E)]
- 30 -
D. Assistance in Languages Other Than English
Ohio is not covered by the language minority provisions of the Voting Rights Act of
1965, so it is not required to provide ballots or materials in non-English languages. However,
Section 208 of the Voting Rights Act, which applies to all states and political subdivisions,
provides that any voter who requires assistance to vote by reason of blindness, disability, or
inability to read or write may be given assistance by a person of the voter’s choice, other than the
voter’s employer or agent of that employer or officer or agent of the voter’s union. [42 U.S.C. §
1973aa-6]
In addition, the county Boards of Elections may appoint persons who are fluent in a non-
English language to serve as interpreters to assist voters in certain election precincts. If the
Board of Elections determines that the number of non-English-speaking electors in a precinct
indicates a need for an interpreter and provision of an interpreter is feasible and practical in terms
of the number of electors in that precinct, the Board of Elections may appoint an interpreter for
the precinct. This interpreter may only provide to voters such assistance in the non-English
language as may be provided by election officials to English-speaking voters. All requirements
relating to the qualifications of election officials apply to persons appointed under this section.
These interpreters must be trained by the Board of Elections in the same manner as election
officials and will be compensated in the same manner as other election officials. These
translators may also serve as precinct election officers and be compensated as election officials
without undergoing additional training. [§ 3501.221]
E. Accessibility to Voters with Disabilities
Each polling place must be accessible to persons with disabilities, with appropriate
ramps, and wheelchair accessible doors and disability parking spaces, unless the polling place is
exempted by the Secretary of State. [§ 3501.29(B)]
At any polling place that is not in compliance with the above provision or is exempted
from compliance, the Board of Elections must permit any disabled elector who travels to that
elector’s polling place but who is unable to enter the polling place to vote, with the assistance of
two polling place officials of the major political parties, in the vehicle that conveyed that elector
to the polling place or to receive and cast a ballot at the door of the polling place. This provision
is also known as “curbside voting.” [§ 3501.29(C)]
14. PROVISIONAL VOTING [§ 3505]
If an individual’s name does not appear on the official list of eligible voters for the
polling place or an election official asserts that the individual is not eligible to vote, poll workers
must notify that individual that he or she has the right to cast a provisional ballot if he or she so
desires. No person should be denied the opportunity to cast a provisional ballot because he or
she does not reside in the precinct in which he or she desires to vote. Before permitting an
individual to cast a provisional ballot, the poll worker must:
1. Determine the address of the individual.
- 31 -
2. Determine if the address of the individual is located within the precinct.
If the address is not located within the precinct, the poll worker must tell
the voter both, (a) the precinct in which the voter’s address is located; and
(b) the location of the polling place for that precinct. If necessary, the poll
worker shall contact the Board of Elections to determine this information.
3. Advise the voter that if he or she does not vote at the correct precinct the
voter’s ballot will not be counted for any issue or office.
4. If the individual still desires to cast a provisional ballot, the poll worker
will require the individual to execute a written affirmation.
[§ 3505.181(C), Directive 2004-42]
There are thirteen (13) categories of voters who must be permitted to cast a provisional
ballot:
i. An individual who declares that the individual is a registered
voter in the jurisdiction in which the individual desires to vote
and that the individual is eligible to vote in an election, but the
name of the individual does not appear on the official list of
eligible voters for the polling place or an election official
asserts that the individual is not eligible to vote. [§
3505.181(A)(1)]
ii. An individual who appears at the polling place to vote and is
unable to provide to precinct officials any of the specified
forms of identification, but does provide the officials with the
last four digits of his or her Social Security Number (SSN).
[§§ 3505.18(A)(2), 3505.181(A)(2)]
iii. An individual who appears at the polling place to vote and is
unable to provide to the precinct election officials any of the
specified forms of identification and who has an SSN but is
unable to provide the last four digits of his or her SSN. [§§
3505.18(A)(3), 3505.181(A)(3)]
iv. iv) An individual who appears at the polling place to vote and
who does not have any of the specified forms of identification
to provide to the precinct officials, who cannot provide the last
four digits of an SSN because he or she does not have an SSN,
and who executes an affirmation that so indicates. [§§
3505.18(A)(4), 3505.181(A)(4)]
v. An individual who appears at the polling place to vote and
whose name in the poll list or signature pollbook has been
marked under the Absent Voter’s Ballots Law or Armed
Service Absent Voter’s Ballots Law because the individual has
requested either of those types of ballots. The director of the
Board of Elections may or may not have received a sealed
identification envelope purporting to contain the individual’s
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voted absent voter’s ballots or armed services ballots. [§§
3505.181(A)(5), 3509.09(B), and 3511.13(B)]
vi. An individual whose notification of registration has been
returned undelivered to the Board of Elections and whose name
in the official registration list as well as in the poll list or
signature book has been marked. [§§ 3503.19(C)(2),
305.181(A)(6)]
vii. An individual who appears at the polling place to vote and is
challenged by election officials—when the election officials
determine that the individual is ineligible to vote or when they
are unable to determine the individual’s eligibility to vote. The
challenges may relate to citizenship, whether the individual has
resided in Ohio for thirty (30) days immediately preceding the
election, whether the individual is a resident of the precinct
where the individual offers to vote, whether the individual is of
legal voting age, or another matter necessary to determine the
individual’s qualifications as an elector at the election in
question. [§§ 3505.181(A)(7), 3505.20]
viii. An individual whose application or challenge hearing has been
postponed by the Board of Elections under the specified
circumstances until after the day of an election. The context is
that an application has been submitted at least twenty (20) days
before an election for the correction of a precinct registration
list or a challenge of the right to vote of a registered elector has
been made by a qualified elector of the county at least twenty
(20) days before an election. [§§ 3503.24(D)(1),
3505.181(A)(8)]
ix. An individual who changes the individual’s name and remains
within the precinct, moves from one precinct to another within
a county, moves from one precinct to another and changes the
individual’s name, or moves from one county to another within
Ohio, and who completes and signs the requisite forms and
statement. Voters described above may complete a change of
name or change of residence form at the office of the Board of
Elections on or after the twenty-eighth day prior to the election
(or the twenty-fifth day for presidential elections) but they
must still vote a provisional ballot. [§§ 3503.16(B)(1), (2),
(C); 3505.181(A)(10)]
x. An individual who appears to vote at the polling place and
whose signature, in the opinion of precinct officers, is not that
of the person who signed that name in the registration forms.
The context is that a precinct officer has reason to believe a
person is impersonating an elector, questions the person as to
his or her right vote, and requires the person to sign his or her
name on a card, and the majority of the precinct officers then
- 33 -
make the above-mentioned decision. [§§ 3505.181(A)(10),
3505.22]
xi. An individual who is challenged, who refuses to make the
required statement under penalty of election falsification, and
who a majority of precinct officials finds lack any of the
qualifications to be a qualified elector or finds is not affiliated
with or a member of the political party whose ballot the
individual desires to vote at a primary election. [§§
3505.181(A)(11), 3513.20]
xii. An individual who appears at the polling place to vote and who
does not have any of the specified forms of identification, who
cannot provide the last four digits of his or her SSN because he
or she does not have an SSN, and who declines to execute an
affirmation that so indicates. [§§ 3505.18(A)(5),
3505.181(A)(12)]
xiii. An individual who has but declines to provide to the precinct
election officials any of the required forms of identification or
who has an SSN but declines to provide to the precinct election
officials the last four digits of the individual’s SSN. [§§
3505.18(A)(6), 3505.181(A)(13)]
If an individual casts a provisional ballot pursuant to (iii), (vii), (viii), (xii), or (xiii)
above, the election official shall indicate on the provisional ballot verification statement (see
Appendix E, § 3505.182) that the individual is required to provide additional information to the
Board of Elections or that an application or challenge has been postponed with respect to the
individual such that additional information is required for the Board of Elections to determine the
eligibility of the individual who cast the provisional ballot. [§ 3505.181(B)(7)] An individual
who casts a provisional ballot under (iii), (vii), (xii), or (xiii) has ten (10) days to appear at the
Board of Elections and provide the additional information. For a provisional ballot cast pursuant
to iii, xiii, or xiv to be eligible to be counted, the individual who cast the ballot must provide any
of the following within ten (10) days: (1) one of the required forms of identification, (2) the last
four digits of the individual’s social security number, (3)(a) for a ballot cast pursuant to (xiii),
execute an affirmation; or (b) for a ballot cast pursuant to (vii), provide any identification or
other documentation required by the applicable challenge questions. [§ 3505.181(B)(8)]
The election code requires “the appropriate state or local election official” to establish a
free access system, in the form of a toll-free telephone number, for the purpose of providing
voters who cast provisional ballots with certain information. At the time an individual casts a
provisional ballot, he or she must be given written information about this access system. The
system will allow the voter to find out if his or her ballot was counted and, if not, the reason it
was not counted. An individual whose provisional ballot was not counted can also find out how
to contact the Board of Elections to register to vote or to resolve problems with his or her voter
registration. [§ 3505.181(B)(5)]
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15. CHALLENGES [§ 3503, 3505]
Any elector may be challenged at the polling place by any judge of elections.
[§3505.20]. In addition, any elector may be challenged by any qualified elector as to his or her
right to vote prior to the nineteenth day before the day of an election. Such qualified elector
may, either by appearing in person at the office of the Board of Elections, or by letter addressed
to the Board of Elections, challenge the right of the registered elector to vote. The challenge must
state the ground upon which the challenge is made, must be signed by the challenger, giving the
challenger’s address and voting precinct. If the Board of Elections is satisfied that the challenge
is well taken, the director of the Board of Elections shall so indicate on the registration cards and
notify the judges of the precinct in writing. If the challenged person then appears to vote in the
election, the election judge must question the challenged person (see subsection (C) of this
Section). If the elector establishes to the satisfaction of the judge that he or she has the right to
vote, the elector must be allowed to vote. [§ 3505.19]
A. Grounds for Challenge
Challenges may be made on the grounds that the elector: (a) is not a United States citizen;
(b) has not been an Ohio resident for thirty (30) days prior to the election; (c) is not a resident of
the precinct where the elector offers to vote; or (d) is not of legal voting age. [§ 3505.20]
B. Procedure When Challenged- Before Election Day
1. Upon receiving the challenge, the Board of Elections must promptly
review its records. If it is able to make a determination based on those
records, it shall immediately vote to grant or deny the challenge.
[§ 3503.24(B)]
2. If the Board of Elections is not able to make a determination on the basis
of its records alone, it must promptly set a time and date for a hearing
before the Board of Elections. Except as provided below, the hearing shall
be held and the challenge decided no later than ten (10) days after the
Board of Elections receives the challenge. The director of the Board of
Elections must send written notice to any elector whose right to vote is
challenged, informing him or her of the date and time of the hearing and
of the person’s right to appear and testify, call witnesses, and be
represented by counsel. [§ 3503.24(B)]
3. If the Board of Elections decides that any such person is not entitled to
have the person’s name on the registration list, the person’s name shall be
removed from the list and the person’s registration forms canceled. All
such corrections must be made on a copy of the lists to be furnished to the
precincts on the day before the election. [§ 3503.24(C)]
4. If a challenge for which a hearing is required is filed after the thirtieth day
before the election, the Board of Elections may postpone the hearing and
notification of hearing until after the day of the election. Any hearing
postponed must be conducted not later than ten (10) days after the day of
- 35 -
the election. The Board of Elections must cause the name of any registered
voter whose challenged hearing is postponed under this section to be
marked in the official registration list and in the pollbook for that precinct
to indicate that the elector’s registration is subject to challenge. An elector
whose name is thus marked must be permitted to cast a provisional ballot.
[§ 3503.24(D)].
C. Procedure When Challenged- On Election Day
1. Depending on the nature of the challenge, the election judges must
question the elector on his or her qualification to vote. Each challenge
requires specific questions to be asked. See Appendix F. The judges may
demand identification or other written proof of eligibility. The elector
must answer the judge’s questions under oath.
2. The presiding judge may ask any other questions of the elector as are
necessary to determine the person’s qualifications as an elector at the
election.
3. The decisions of the judges are final as to the right of the person
challenged to vote in that election.
4. If the judge is able to verify the voter’s eligibility to cast a ballot in the
election, the voter may vote by provisional ballot, which will be counted
only if the Board of Elections determined that the voter is properly
registered and eligible to vote at that election. [§ 3503.20]
16. VOTER INTIMIDATION; INTERFERENCE WITH VOTERS; UNLAWFUL
PRACTICES [§ 3599]
Immediately report any intimidation or other unlawful practice to the county Board of
Elections of elections. Also contact Election Protection at 1-866-OUR-VOTE.
1. Whoever attempts to affect the vote of an elector by gift, payment,
intimidation, or force, is guilty of a felony in the fourth degree. [§
3599.01]
2. Whoever attempts to solicit a gift or make any other demand in return for
registering or voting a particular way is guilty of a felony in the fourth
degree, and will be disfranchised and excluded from holding public office
for five (5) years. [§ 3599.02]
3. Any person who, by force, fraud or other improper means, takes
possession of ballot or other voting materials, or recklessly destroys
property used for the election, is guilty of a misdemeanor in the first
degree. [§ 3599.24]
- 36 -
4. Any person who, by force, fraud or other improper means, intimidates or
interferes with an election official in the course of his or her duties, or who
recklessly destroys or defaces sample ballots or posted election
instructions, is guilty of a misdemeanor in the first degree. [§ 3599.24]
5. Any person who loiters near a polling place in order to interfere with the
conduct of the election, or who removes election supplies from the polling
place, is guilty of a misdemeanor in the first degree. [§ 3599.24]
6. Any person who knowingly counsels or advises a person to vote, or
counsels or advises an election official to allow someone to vote, knowing
that the person is not eligible to vote, must be guilty of a felony in the
fourth degree. [§ 3599.25]
7. A member of the Board of Elections who willfully neglects to perform his
or her duty, willfully miscount votes, willfully reports fraudulent
signatures as genuine, or otherwise knowingly or willfully seeks to
prevent the enforcement of the election laws is guilty of a fourth degree
felony and must be dismissed from his or her position. [§ 3599.16]
8. No election official serving as a registrar, judge, or clerk of elections shall
do any of the following: (1) Fail to appear before the Board of Elections or
its representative after notice has been served personally upon the official
or left at the official’s usual place of residence, for examination as to the
official’s qualifications; (2) Fail to appear at the polling place to which the
official is assigned at the hour and during the hours set for the registration
or election; (3) Fail to take the oath prescribed by section 3501.31 of the
Revised Code, unless excused by such Board of Elections; (4) Refuse, or
sanction the refusal of another registrar or judge of elections, to administer
an oath required by law; (5) Fail to send notice to the Board of Elections
of the appointment of a judge or clerk to fill a vacancy; (6) Act as
registrar, judge, or clerk without having been appointed and having
received a certificate of appointment, except a judge or clerk appointed to
fill a vacancy caused by absence or removal; or (7) Fail in any other way
to perform any duty imposed by law. A person who violates this section is
guilty of a misdemeanor in the first degree. [§ 3599.17]
17. COUNTING THE BALLOTS [§ 3505]
A. Generally
Unless otherwise ordered by the Secretary of State or the Board of Elections, the
counting and tallying of ballots shall be conducted according to procedures prescribed by the
Board of Elections that assure an accurate count of all votes cast and include all of the following:
1. The counting and tallying of ballots at the appropriate office, as designated
by the Board of ElectionsBoard of Elections, in the full view of members
of the Board of Elections and observers;
- 37 -
2. The recording on a worksheet or other appropriate document of the
number of votes cast for each candidate and the number of votes cast for
and against each question or issue;
3. The periodic reporting to the public and the office of the Secretary of State
of the number of votes cast for each candidate and the number of votes
cast for and against each question or issue as tallied at the time of the
report;
4. An examination and verification by the appropriate authority, as
designated by the Board of Elections, of the votes tallied and recorded in
the pollbook.
If there is any disagreement about how a ballot should be counted, it shall
be submitted to the members of the Board of Elections for a decision on
whether or to what extent the ballot should be counted. If three (3) of the
members do not agree as to how any part of the ballot shall be counted,
only that part of the ballot on which three (3) members do agree shall be
counted. A notation shall be made on the ballot indicating what part has
not been counted, and the ballot shall be placed in an envelope marked
“Disputed Ballots.”
[§ 3505.27]
The Secretary of State will provide each Board of Elections with rules, instructions,
directives and advisories regarding the examination, testing and use of any voting machine or
tabulating equipment, the assignment of duties of booth officials, the procedure for casting a vote
on any voting machine or tabulating equipment, and how the vote should be tallied and reported
to the Board of Elections. [§ 3506.15]
In counties where punch card ballots are used with the voting machine or tabulating
equipment, instructions must be given to each voter to examine the voter’s marked ballot card
and remove any chads that remain partially attached to it before returning it to election officials
to be counted. If a chad remains attached to a punch card ballot by three (3) or more corners, the
voter ballot will not be counted for that particular candidate, question or issue. Other offices,
questions or issues on the ballot will still be counted. [§ 3506.15] In counties where optical scan
ballots are used with voting machine or tabulating equipment, if the voting machine or tabulating
equipment detects more marks for a particular office, question or issue than the number of
selections allowed to the voter by law, the voter’s ballot will be invalidated for that particular
office, question or issue. Other offices, questions or issues on the ballot will still be counted.
[§ 3506.21]
B. Counting Provisional Ballots
When the ballot boxes are delivered to the Board of Elections, teams of Board of
Elections employees consisting of one member of each major political party must separate the
provisional ballot envelopes from the other ballots and place them in a secure location until it is
time to determine their validity. If the Board of Elections receives information about the validity
- 38 -
of a particular ballot while the ballots are stored in that secure location, it may note on the
envelope of the provisional ballot envelope whether the ballot is valid. [§ 3505.183(A)]
To determine whether a provisional ballot is valid and entitled to be counted, the Board of
Elections must examine its records and determine whether the individual who cast the
provisional ballot is registered to vote in the applicable election. In order for the ballot to be
eligible to be counted, the voter must have executed an affirmation which includes:
1. The individual’s name and signature;
2. A statement that the individual is a registered voter in the jurisdiction in
which the provisional ballot is being voted;
3. A statement that the individual is eligible to vote in the election in which
the provisional ballot is being voted.
[§3505.183(B)(1)]
The Board of Elections shall also examine any additional information provided by the
voter on the affirmation, to an election official at the time of executing the affirmation (see §
3505.182), or to the Board of Elections during the ten (10) days after the election (see Section
14, § 3505.181(B)(8)). If, in examining the provisional ballot affirmation and additional
information, the Board of Election determines that all of the following apply, the provisional
ballot envelope shall be opened and the ballot shall be placed in a ballot box to be counted:
1. The individual named on the affirmation is properly registered to vote;.
2. The individual named on the affirmation is eligible to cast a ballot in the
precinct and for the election in which the individual cast the provisional
ballot;.
3. The individual provided all of the required information (see above) in the
affirmation that he or she executed at the time the individual cast the
provisional ballot;.
4. If applicable, the individual provided any additional information required
under § 3505.181(B)(8) (see Ssection 10) within ten (10) days after the
day of the election;
5. If applicable, the application or challenge hearing conducted under §
3505.24 (B) after the day of the election resulted in the individual’s
inclusion in the official registration list;.
[§3505.183(B)(2) and (B)(3)]
If, in examining a provisional ballot affirmation and additional information, the Board of
Elections determines that any of the following applies, the provisional ballot envelope shall not
be opened and the ballot shall not be counted:
- 39 -
1. The individual named on the affirmation is not qualified or is not properly
registered to vote;.
2. The individual named on the affirmation is not eligible to cast a ballot in
the precinct or for the election in which the individual cast the provisional
ballot;.
3. The individual did not provide all the required information in the
affirmation that the individual executed at the time the individual cast the
provisional ballot;.
4. The individual has already cast a ballot for the election in which the
individual cast the provisional ballot;.
5. If applicable, the individual did not provide any additional information
required under § 3505.181 (B)(8) within ten (10) days after the day of the
election. (See Section 10);
6. If applicable, the application or challenge hearing conducted under §
3505.24(B) after the day of the election did not result in the individual’s
inclusion in the official registration list;.
7. The individual failed to provide a current and valid photo identification, a
copy of a current utility bill, bank statement, government check, paycheck,
or other government document (other than a notice of election or a notice
of voter registration) with the voter’s name and current address or the last
four digits of the individual’s social security number or to execute an
affirmation..
[§ 3505.183(B)(4)(a)]
If, in examining a provisional ballot affirmation and additional information, the Board
of Elections is unable to determine either of the following, the provisional ballot envelope shall
not be opened and the ballot shall not be counted: 1) whether the individual named on the
affirmation is qualified or properly registered to vote, 2) whether the individual named on the
affirmation is eligible to cast a ballot in the precinct or for election in which the individual cast
the provisional ballot. [§ 3505.183(B)(4)(b)]
For each provisional ballot that is rejected, the Board of Elections shall record the
name of the provisional voter who cast the ballot, the identification number of the provisional
ballot envelope, the names of the election officials who determined the validity of the ballot, the
date and time that the determination was made, and the reason the ballot was not counted. The
rejected ballots shall remain in their unopened envelopes until the time for the destruction of all
other ballots used in the election, at which time they shall be destroyed. [§ 3505.183(C)]
C. Counting Absentee Ballots
- 40 -
1. 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 cast, or that Stub A is detached
from the absent voter’s ballot or absent voter’s presidential ballot, the vote
must not be accepted or counted. Every ballot that is 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. [§ 3509.07]
2. The Board of Elections shall determine where absent voters’ ballots will
be counted: in each precinct, at the office of the Board of Elections, or at
some other location designated by the Board of Elections. [§ 3509.06(C)]
D. Recount Procedures
If the number of votes cast in any county or municipal election for the declared winning
nominee, candidate, question, or issue does not exceed the number of votes cast for the declared
defeated nominee, candidate, question, or issue by a margin of one-half of one per cent (1/2%) or
more of the total vote, the appropriate Board of Elections shall order a recount. [§ 3515.011]
If the number of votes cast in any district election for the declared winning nominee,
candidate, question, or issue does not exceed the number of votes cast for the declared defeated
nominee, candidate, question, or issue by a margin of one-half of one per cent (1/4%) or more of
the total vote, the Secretary of State shall order a recount. [§ 3515.011]
If the number of votes cast in any statewide election for the declared winning nominee,
candidate, question, or issue does not exceed the number of votes cast for the declared defeated
nominee, candidate, question, or issue by a margin of one-fourth of one percent (1/4%) or more
of the total vote, the Secretary of State shall order a recount. [§ 3515.011]
Any person for whom votes were cast in a primary election for nomination as a candidate
for election to an office who was not declared nominated, or any person who was a candidate at a
general, special, or primary election who was not declared elected may file with the Board of
Elections of a county a written application for a recount of the votes cast at such primary election
in any precinct in such county for all persons for whom votes were cast in such precinct for such
nomination. [§ 3515.01]
Any person who was a candidate at a general, special, or primary election for election to
an office or position who was not declared elected may file with the Board of Elections of a
county a written application for a recount of the votes cast at such election in any precinct in
such county for all candidates for election to such office or position. [§ 3515.01]
Any group of five (5) or more qualified electors may file with the Board of Elections of a
county a written application for a recount of the votes cast at an election in any precinct in such
- 41 -
county upon any question or issue, provided that the members of such group must state that they
each voted for the opposite position than the one that was adopted. [§ 3515.01]
- 42 -
APPENDIX A
VOTER REGISTRATION AND ABSENTEE BALLOT APPLICATIONS
-1-
APPENDIX B
COUNTY BOARDS OF ELECTION
-2-
Adams County
Adams County Services Annex
215 North Cross St., Room 103
West Union, OH 45693
Office Hours: 8:30 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (937) 544-2633 / Fax: (937) 544-5111
E-Mail: adams@sos.state.oh.us
Allen County
204 N. Main St.
Lima, OH 45801
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (419) 223-8530 / Fax: (419) 222-0311
E-Mail: allen@sos.state.oh.us
Website: www.allencountyohio.com /boa.php
Ashland County
110 Cottage St.
Ashland, OH 44805
Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (419) 282-4224 / Fax: (419) 282-4260
E-Mail: khowman@ashlandcounty.org
Website: www.ashlandboe.com
Ashtabula County
8 West Walnut St.
Jefferson, OH 44047
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (440) 576-6915 / Fax: (440) 576-1445
E-Mail: elections@co.ashtabula.oh.us
Website: www.electionsonthe.net/oh/ashtabula
Athens County
15 S. Court St., Room 130
Athens, OH 45701
Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 592-3201 / Fax: (740) 592-3262
E-Mail: athens@sos.state.oh.us
Auglaize County
209 S. Blackhoof, Room 205
Wapakoneta, OH 45895
Office Hours: 8:30 a.m. - 3:30 p.m. (Monday, Tuesday, Thursday & Friday)
8:30 a.m. - 1:00 p.m. (Wednesday)
Telephone: (419) 739-6720/ Fax: (419) 739-6721
E-Mail: jburklo@auglaizecounty.org
Website: www.auglaizecounty.org/elections.htm
-3-
Belmont County
Bank One Building
3201 Belmont St., Third Floor
PO Box 127
Bellaire, OH 43906
Office Hours: 9:00 a.m. - 5:00 p.m. (Monday thru Friday)
Telephone: (740) 676-1025 / Fax: (740) 676-0459
E-Mail: BdofElections@cs.com
Brown County
Administration Building
800 Mt. Orab Pk.
Georgetown, OH 45121
Office Hours: 8:30 a.m. - 12:00 p.m. & 1:00 p.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (937) 378-3008 / Fax: (937) 378-6457
E-Mail: brown@sos.state.oh.us
Website: www.electionsonthe.net/oh/brown
Butler County
Government Services Building
315 High St., 10th Floor
Hamilton, OH 45011-6016
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (513) 887-3700 / Fax: (513) 887-5535
E-Mail: butler@sos.state.oh.us
Website: www.butlercountyohio.org
Carroll County
Courthouse
119 S. Lisbon St., Suite 102
Carrollton, OH 44615-1489
Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (330) 627-2610 / Fax: (330) 627-5387
E-Mail: carroll@sos.state.oh.us
Champaign County
1512 South U.S. Hwy 68, Suite L100
Urbana, OH 43078-9288
Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (937) 484-1575 / Fax: (937) 484-1578
E-Mail: champaign@sos.state.oh.us
Clark County
25 W. Pleasant St.
PO Box 1766
Springfield, OH 45501-1766
Office Hours: 8:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (937) 328-2491 / Fax: (937) 328-2603
E-Mail: clark@sos.state.oh.us
Website: www.clarkcountyohio.gov/boe
-4-
Clermont County
76 S. Riverside Dr.
Batavia, OH 45103-2961
Office Hours: 8:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (513) 732-7275 / Fax: (513) 732-7330
E-Mail: clermont@sos.state.oh.us
Website: www.clermontelections.org
Clinton County
46 S. South St., 1st floor
Wilmington, OH 45177
Office Hours: 8:30 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (937) 382-3537 / Fax: (937) 383-3538
E-Mail: vote@cinci.rr.com
Website: electionsonthe.net/oh/clinton
Columbiana County
41 N. Park Ave.
Lisbon, OH 44432
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (330) 424-1448 / Fax: (330) 424-6661
E-Mail: columbia@sos.state.oh.us
Website: www.electionohio.com/columbiana
Coshocton County
724 S. Seventh St., Room 100
Coshocton, OH 43812
Office Hours: 9:00 a.m. - 11:30 a.m. & 12:30 p.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 622-1117 / Fax: (740) 623-6524
E-Mail: coshocto@sos.state.oh.us
Crawford County
130 N. Walnut St., Suite A
Bucyrus, OH 44820-2383
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (419) 562-8721 / Fax: (419) 562-2235
E-Mail: crawford@sos.state.oh.us
Website: www.crawford-co.org/BrdofElections/default.html
Cuyahoga County
2925 Euclid Ave.
Cleveland, OH 44115-2497
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (216) 443-3200 / Fax: (216) 443-6466
Voter Information Hotline: (216) 443-3298
E-Mail: cuyahoga@sos.state.oh.us
Website: www.cuyahogacounty.us/boe
Darke County
300 Garst Ave.
Greenville, OH 45331
-5-
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
(Closes at noon on Thursdays in June, July and August only)
Telephone: (937) 548-1835 / Fax: (937) 548-2820
E-Mail: darkeboe@yahoo.com
Website: www.electionsonthe.net/oh/darke
Defiance County
1300 E. Second St., Suite 103
Defiance, OH 43512
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (419) 782-8543 / Fax: (419) 782-5773
E-Mail: defiance@sos.state.oh.us
Website: www.defiance-county.com/electionBoard of Elections.html
Delaware County
140 N. Sandusky St.
Delaware, OH 43015
Office Hours: 8:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (740) 833-2080 / Fax: (740) 833-2079
E-Mail: delaware@sos.state.oh.us
Website: www.co.delaware.oh.us/boe
Erie County
2900 Columbus Ave.
Sandusky, OH 44870
Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (419) 627-7601 / Fax: (419) 626-0034
E-Mail: erie@sos.state.oh.us
Fairfield County
951 Liberty Dr., Suite 100
Lancaster, OH 43130-3875
Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 687-7000 or (614) 837-0765 / Fax: (740) 681-4727
E-Mail: Board of Electionsofelections@co.fairfield.oh.us
Website: www.electionohio.com/fairfield
Fayette County
133 South Main St., Suite 404
Washington Court House, OH 43160
Office Hours: 9:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 335-1190 / Fax: (740) 333-3574
E-Mail: fayette@sos.state.oh.us
Website: www.electionohio.com/fayette
Franklin County
280 E. Broad St., 1st Floor
Columbus, OH 43215-4572
Office Hours: 8:00 a.m. - 5:00 p.m. (Monday thru Friday)
Telephone: (614) 462-3100 / Fax: (614) 462-3489
-6-
E-Mail: franklin@sos.state.oh.us
Website: www.franklincountyohio.gov/boe
Fulton County
525 N. Shoop Ave.
Wauseon, OH 43567
Office Hours: 9:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (419) 335-6841 / Fax: (419) 337-2363
E-Mail: fulton@sos.state.oh.us
Website: www.fultoncountyoh.com/Board of Electionselect.htm
Gallia County
Courthouse
18 Locust St., 2nd Floor
Gallipolis, OH 45631-1292
Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 446-1600 / Fax: (740) 441-2049
E-Mail: gcboe@aceinter.net
Geauga County
470 Center St. – Building 6A
Chardon, OH 44024-1238
Office Hours: 8:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (440) 279-2030/ Fax: (440) 285-0959
E-Mail: voter@mail.core.com
Website: www.electionohio.com/geauga
Greene County
651 Dayton-Xenia Rd.
Xenia, OH 45385
Office Hours: 8:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (937) 562-7470 / Fax: (937) 562-7477
E-Mail: tsmith@co.greene.oh.us
Website: www.co.greene.oh.us/elections.htm
Guernsey County
627 Wheeling Ave., Suite 101
Cambridge, OH 43725
Office Hours: 9:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (740) 432-2680 / Fax: (740) 432-2784
E-Mail: guernsey@sos.state.oh.us
Hamilton County
824 Broadway
Cincinnati, OH 45202
Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (513) 632-7000 or 632-7015 / Fax: (513) 579-0988
E-Mail: hamilton@sos.state.oh.us
Website: www.hamilton-co.org/boe/
Hancock County
-7-
209 West Main Cross St., Suite 103
Findlay, OH 45840
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (419) 422-3245 / Fax: (419) 424-7293
E-Mail: bdelections@co.hancock.oh.us
Website: www.hancockBoard of Electionsofelections.com
Hardin County
One Court House Sq., Suite 170
Kenton, OH 43326
Office Hours: 8:30 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (419) 674-2211 / Fax: (419) 674-2213
E-Mail: hardin@sos.state.oh.us
Website: www.hardincountyelections.com
Harrison County
Courthouse
100 W. Market St.
Cadiz, OH 43907
Office Hours: 9:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (740) 942-8866 / Fax: (740) 942-8531
E-Mail: harrison@sos.state.oh.us
Henry County
1813 Oakwood Ave.
Napoleon, OH 43545
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (419) 592-7956 / Fax: (419) 592-7957
E-Mail: henry@sos.state.oh.us
Website: www.henrycoelections.com/
Highland County
119 Governor Foraker Pl.
Hillsboro, OH 45133
Office Hours: 8:30 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (937) 393-9961 / Fax: (937) 393-5854
E-Mail: highland@sos.state.oh.us
Hocking County
1 E. Main St.
PO Box 109
Logan, OH 43138
Office Hours: 8:30 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 380-8683 or 380-0203 / Fax: (740) 380-3712
E-Mail: hocking@sos.state.oh.us
Holmes County
75 East Clinton St., Suite 108
Millersburg, OH 44654
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (330) 674-5921 / Fax: (330) 674-5978
-8-
E-Mail: holmes@sos.state.oh.us
Huron County
County Administration Bldg.
180 Milan Ave.
Norwalk, OH 44857
Office Hours: 8:30 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (419) 668-8238 / Fax: (419) 668-8710
E-Mail: kabrady@accnorwalk.com
Jackson County
Courthouse
226 Main St., Suite 2
Jackson, OH 45640
Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 286-2905 / Fax: (740) 288-3631
E-Mail: jackson@sos.state.oh.us
Jefferson County
117 N. Third St.
Steubenville, OH 43952-4499
Office Hours: 9:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (740) 283-8522 / Fax: (740) 283-8640
E-Mail: jcboe@sbcglobal.net
Website: www.electionsonthe.net/oh/Jefferson
Knox County
117 E. High St., Suite 210
Mt. Vernon, OH 43050
Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 393-6716 / Fax: (740) 393-6717
E-Mail: knox@sos.state.oh.us
Lake County
105 Main St., PO Box 490
Painesville, OH 44077-0490
Office Hours: 8:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (440) 350-2700 or 800-899-5253 ext 2700 / Fax: (440) 350-2670
E-Mail: elections@lakecountyohio.org
Website: www.lakeelections.com
Lawrence County
Veterans Square
111 S. Fourth St.
Ironton, OH 45638
Office Hours: 9:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 532-0444 or 533-4320 / Fax: (740) 533-2730
E:Mail: lawrence@sos.state.oh.us
Licking County
County Administration Bldg.
-9-
20 S. Second St.
Newark, OH 43055
Office Hours: 8:00 a.m. - 5:00 p.m. (Monday thru Friday)
Telephone: (740) 349-8683 / Fax: (740) 345-8548
E-Mail: licking@sos.state.oh.us
Website: www.lcounty.com/boe
Logan County
Courthouse
101 S. Main St., Rm. 4
Bellefontaine, OH 43311-2075
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (937) 599-7255 / Fax: (937) 599-7270
E-Mail: elections@co.logan.oh.us
Website: www.co.logan.oh.us/elections/
Lorain County
1985 North Ridge Road East
Lorain, OH 44055-3344
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (440) 326-5900 or 5901 / Fax: (440) 326-5931
E-Mail: lorain@sos.state.oh.us
Website: www.lorainboe.erienet.net
Lucas County
One Government Center, Suite 300
Toledo, OH 43604-2250
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (419) 213-4001 / Fax: (419) 213-4069 or (419) 213-4092
E-Mail: lucas@sos.state.oh.us
Website: co.lucas.oh.us/
Madison County
117 W. High St., Suite 102
London, OH 43140
Office Hours: 8:30 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 852-9424 / Fax: (740) 852-7131
E-Mail: madison@sos.state.oh.us
Website: www.co.madison.oh.us/
Mahoning County
2801 Market St.
Youngstown, OH 44507
Office Hours: 8:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (330) 783-2474 / Fax: (330) 783-2801
E-Mail: TMcCabe@MahoningCounty.org
Website: www.electionohio.com/mahoning
Marion County
222 W. Center St.
Marion, OH 43302
- 10 -
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (740) 223-4090 / Fax: (740) 223-4099
E-Mail: marion@sos.state.oh.gov
Website: www.marionelections.com/
Medina County
4210 N. Jefferson St., PO Box 506
Medina, OH 44258
Office Hours: 8:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (330) 722-9278 / Fax: (330) 722-9299
E-Mail: medina@sos.state.oh.us
Website: www.co.medina.oh.us/election/elect.htm
Meigs County
117 E. Memorial Dr.
PO Box 688
Pomeroy, OH 45769-0688
Office Hours: 8:30 a.m. - 12 p.m. & 1:00 p.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (740) 992-2697 / Fax: (740) 992-2645
E-Mail: meigsboe@frognet.net
Mercer County
101 N. Main St., Room 107
Celina, OH 45822
Office Hours: 8:30 a.m. - 5:00 p.m. (Monday)
8:30 a.m. - 4:00 p.m. (Tuesday thru Friday)
Telephone: (419) 586-2215 / Fax: (419) 586-2748
E-Mail: mercer@sos.state.oh.us
Website: www.mercercountyohio.org/elections
Miami County
Courthouse
215 W. Main St.
Troy, OH 45373
Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (937) 440-3900 or 3905 or 3092/ Fax: (937) 440-3901
E-Mail: elections55@co.miami.oh.us
Website: www.co.miami.oh.us/elections/index.htm
Monroe County
Courthouse
101 N. Main St., Rm 15
Woodsfield, OH 43793
Office Hours: 9:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (740) 472-0929 / Fax: (740) 472-2517
E-Mail: monroe@sos.state.oh.us
Montgomery County
451 W. Third St.
PO Box 8705
Dayton, OH 45481-8705
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Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (937) 225-5656 / Fax: (937) 496-7798
E-Mail: mcboe@montcnty.org
Website: www.mcboe.org/
Morgan County
155 E. Main St., Room 157
McConnelsville, OH 43756
Office Hours: 8:30 a.m. - 12 p.m. & 1:00 p.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 962-3116 / Fax: (740) 962-3099
E-Mail: morgan@sos.state.oh.us
Morrow County
619 West Marion Rd.
Mt. Gilead, OH 43338
Office Hours: 8:30 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (419) 946-4026 / Fax: (419) 946-9861
E-Mail: morrow@sos.state.oh.us
Muskingum County
205 N. Seventh St.
Zanesville, OH 43701-3709
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (740) 455-7120 / Fax: (740) 455-7178
E-Mail: muskingu@sos.state.oh.us
Website: boe.muskingumcounty.org
Noble County
190 Court House
Caldwell, OH 43724
Office Hours: 9:00 a.m. - 4:00 p.m. (Monday, Tuesday, Wednesday & Friday)
9:00 a.m. - 11:30 a.m. (Thursday)
Telephone: (740) 732-2057 / Fax: (740) 732-6577
E-mail: noble@sos.state.oh.us
Ottawa County
8444 W. State Route 163, Suite 101
Oak Harbor, OH 43449-8885
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (419) 898-3071 / Fax: (419) 898-3146
E-Mail: ottawa@sos.state.oh.us
Website: www.co.ottawa.oh.us
Paulding County
105 E. Perry St.
Paulding, OH 45879-1412
Office Hours: 8:00 a.m. – 12:00 p.m. & 1:00 p.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (419) 399-8230 / Fax: (419) 399-8250
E-Mail: paulding@sos.state.oh.us
Perry County
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121 W. Brown St.
PO Box 187
New Lexington, OH 43764
Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 342-2134 / Fax: (740) 342-4787
E-Mail: perry@sos.state.oh.us
Pickaway County
141 West Main St., Suite 800
Circleville, OH 43113
Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 474-1100 or 474-8077 / Fax: (740) 477-2991
E:Mail: pickaway@dragonbbs.com
Website: www.electionsonthe.net/oh/pickaway
Pike County
230 Waverly Plaza, Suite 1100
Waverly, OH 45690
Office Hours: 8:30 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 947-2039 or 947-4512 / Fax: (740) 947-5973
E-Mail: pike@sos.state.oh.us
Portage County
449 S. Meridian St., Rm. 101
Ravenna, OH 44266
Office Hours: 8:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (330) 297-3511 / Fax: (330) 297-3518
E-Mail: portage@sos.state.oh.us
Website: www.electionohio.com/portage
Preble County
Courthouse
101 E. Main St.
Eaton, OH 45320-1758
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (937) 456-8117 / Fax: (937) 456-2986
E-Mail: pcelect@infinet.com
Website: www.electionsonthe.net/oh/preble
Putnam County
245 E. Main St., Suite 102
Ottawa, OH 45875-1957
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (419) 523-3343 / Fax: (419) 523-3417
E-Mail: putnam@sos.state.oh.us
Website: putnam.noacsc.org/county
Richland County
77 N. Mulberry St. - 1st Floor
Mansfield, OH 44902
Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
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Telephone: (419) 774-5530 / Fax: (419) 774-5534
E-Mail: Board of Electionsofelections@mansfieldohio.net
Website: www.richlandcountyoh.us/boe.htm
Ross County
475 Western Ave.
PO Box 1663
Chillicothe, OH 45601
Office Hours: 8:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 775-2350 / Fax: (740) 775-2383
E-Mail: rossboe@horizonview.net
Website: www.electionsonthe.net/oh/ross
Sandusky County
2020 Countryside Dr.
Fremont, OH 43420
Office Hours: 8:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (419) 334-6180 / Fax: (419) 334-6184
E-Mail: sandusky@sos.state.oh.us
Scioto County
602 Seventh St., Rm 105
Portsmouth, OH 45662
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (740) 353-4178 / Fax: (740) 355-8363
E-Mail: scioto@sos.state.oh.us
Seneca County
71 S. Washington St., Suite 1101
Tiffin, OH 44883-0667
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (419) 447-4424 / Fax: (419) 443-7925
E-Mail: seneca@sos.state.oh.us
Shelby County
County Annex Building
129 E. Court St.
Sidney, OH 45365
Office Hours: 9:00 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (937) 498-7207 / Fax: (937) 498-7326
E-Mail: shelby@sos.state.oh.us
Website: www.co.shelby.oh.us/ElectionBoard.asp
Stark County
201 Third St. NE
Canton, OH 44702-1296
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (330) 451-8683 / Fax: (330) 451-7000
E-Mail: boe@co.stark.oh.us
Website: www.boe.co.stark.oh.us
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Summit County
470 Grant St.
Akron, OH 44311-1157
Office Hours: 8:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (330) 643-5200 / Fax: (330) 643-5422
E-Mail: summit@sos.state.oh.us
Website: www.summitcountyboe.com
Trumbull County
2947 Youngstown Rd., SE
Warren, OH 44484
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (330) 369-4050 / Fax: (330) 369-4160
E-Mail: kelly@tcvote.com
Website: www.electionohio.com/trumbull/
Tuscarawas County
Court House Sq.
101 E. High St.
New Philadelphia, OH 44663
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (330) 343-8819 / Fax: (330) 343-3125
E-Mail: tuscaraw@sos.state.oh.us
Website: boe.co.tuscarawas.oh.us
Union County
Union County Services Center
940 London Ave., Suite 1000
Marysville, OH 43040-1621
Office Hours: 8:30 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (937) 642-2836 / Fax: (937) 642-2823
E-Mail: union@sos.state.oh.us
Website: www.electionsonthe.net/oh/union/
Van Wert County
120 E. Main St.
Van Wert, OH 45891-1428
Office Hours: 8:00 a.m. - 1:00 p.m. (Monday thru Friday)
Telephone: (419) 238-4192 / Fax: (419) 238-7145
E-Mail: vanwert@sos.state.oh.us
Website: www.vanwertcounty.org/elections
Vinton County
112 N. Market St.
McArthur, OH 45651
Office Hours: 8:30 a.m. - 4:00 p.m. (Monday thru Friday)
Telephone: (740) 596-5855 / Fax: (740) 596-1907
E-Mail: vinton@sos.state.oh.us
Warren County
406 Justice Dr., Room 323
- 15 -
Lebanon, OH 45036-2314
Office Hours: 8:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (513) 695-1358 / Fax: (513) 695-2953
E-Mail: johnsr@co.warren.oh.us
Website: www.co.warren.oh.us/bdelec/
Washington County
Courthouse
205 Putnam St.
Marietta, OH 45750
Office Hours: 8:00 a.m. - 5:00 p.m. (Monday thru Friday)
Telephone: (740) 374-6828 / Fax: (740) 374-7698
E-Mail: washingt@sos.state.oh.us
Website: www.electionohio.com/washington
Wayne County
200 Vanover St., Suite 1
Wooster, OH 44691-4849
Office Hours: 8:00 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (330) 287-5480 / Fax: (330) 287-5686
E-Mail: votewayne@sssnet.com
Website: wayne.sssnet.com
Williams County
228 S. Main St.
Bryan, OH 43506
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (419) 636-1854 / Fax: (419) 636-2975
E-Mail: williams@sos.state.oh.us/boe
Website: co.williams.oh.us
Wood County
1 Court House Sq.
Bowling Green, OH 43402
Office Hours: 8:30 a.m. - 4:30 p.m. (Monday thru Friday)
Telephone: (419) 354-9120 / Fax: (419) 354-1730
E-Mail: dhazard@co.wood.oh.us
Website: www.co.wood.oh.us/boe
Wyandot County
109 S. Sandusky Ave., Rm 12
Upper Sandusky, OH 43351
Office Hours: 8:30 a.m. - 1:00 p.m. (Monday thru Friday)
Telephone: (419) 294-1226 / Fax: (419) 294-6437
E-Mail: wyandot@sos.state.oh.us
- 16 -
APPENDIX C
2008 ELECTION CALENDAR
- 17 -
APPENDIX D
RESTORING YOUR RIGHT TO VOTE, OHIO
- 18 -
APPENDIX E
PROVISIONAL BALLOT AFFIRMATION FORM AND VERFICATION
STATEMENT
- 19 -
AFFIRMATION FORM
STATE OF OHIO
I,____________(Name of provisional voter), solemnly swear or affirm that I am a registered vot
er in the jurisdiction in which I am voting this provisional ballot and that I am eligible to vote
in the election in which I am voting this provisional ballot.
I understand that, if the above-mentioned information is not fully completed and correct, if the
Board of Elections determines that I am not registered to vote, a resident of this precinct, or
eligible to vote in this election, or if the Board of Elections determines I have already voted in
this election, my provisional ballot will not be counted. I further understand that knowingly
providing false information is a violation of law and subjects me to possible criminal
prosecution.
I hereby declare, under penalty of election falsification, that the above statements are true and
correct to the best of my knowledge and belief.
_____________________________
(Signature of Voter)
__________________
(Voter's date of birth)
__________________
The last four digits of the voter's social security number
(To be provided if the voter is unable to provide a current and valid photo identification, a
military identification that shows the voter’s name and current address, or a current utility bill,
bank statement, government check, paycheck, or other government document, other than a notice
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 voter’s name and current address but is able to provide these last four digits)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE
FIFTH DEGREE.
Additional Information For Determining Ballot Validity
(May be completed at voter's discretion)
Voter's current address
Voter’s former address if photo identification does not contact voter’s current address
- 20 -
Voter’s driver’s license number or, if not provided above, the last four digits of voter’s social
security number (Please circle number type)
(Voter may attach a copy a copy of any of the following for identification purposes: a current
and valid photo identification, a military identification that shows the voter’s name and current
address, or a current utility bill, bank statement, government check, paycheck, or other
government document, other than a notice 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 voter’s name and current address)
Reason for voting provisional ballot (Check one):
.... Requested, but did not receive, absent voter’s ballot
.... Other
VERIFICATION STATEMENT
(To be completed by election official)
The Provisional Ballot Affirmation printed above was subscribed and affirmed before me this
_______ day of ______________ (Month), _______ (Year).
(If applicable, the election official must check the following true statement concerning additional
information needed to determine the eligibility of the provisional voter.)
.... The provisional voter is required to provide additional information to the Board of
Elections.
.... An application or challenge hearing regarding this voter has been postponed until after the e
lection.
(The election official must check the following true statement concerning identification provided
by the provisional voter, if any.)
.... The provisional voter provided a current and valid photo identification.
.... The provisional voter provided a current valid photo identification, other than a driver's
license or a state identification card, with the voter's former address instead of current address
and has provided the election official both the current and former addresses.
.... The provisional voter provided a military identification that shows the voter's name and
current address 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, with the voter's
name and current address.
.... The provisional voter provided the last four digits of the voter's social security number.
- 21 -
.... The provisional voter is not able to provide a current and valid photo identification, a
military identification that shows the voter's name and current address, or a copy of a current utili
ty 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, with the voter's name and current address but does have one of these forms of ide
ntification. The provisional voter must provide one of the foregoing items of identification to the
Board of Elections within ten days after the election.
.... The provisional voter is not able to provide a current and valid photo identification, a
military identification that shows the voter's name and current address, or a copy of a current utili
ty 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, with the voter's name and current address
but does have one of these forms of
identification. Additionally, the provisional voter does have a social security number but is not
able to provide the last four digits of the voter's social security number before voting. The
provisional voter must provide one of the foregoing items of identification or the last four digits
of the voter's social security number to the Board of Elections within ten days after the election.
.... The provisional voter does not have a current and valid photo identification, a military
identification that shows the voter's name and current address, a copy of a current utility bill,
bank statement, government check, paycheck, or other government document with the voter's
name and current address, or a social security number, but has executed an affirmation.
.... The provisional voter does not have a current and valid photo identification, a military
identification that shows the voter's name and current address, a copy of a current utility bill,
bank statement, government check, paycheck, or other government document with the voter's
name and current address, or a social security number, and has declined to execute an
affirmation.
.... The provisional voter declined to provide a current and valid photo identification, a military
identification that shows the voter's name and current address, a copy of a current utility bill,
bank statement, government check, paycheck, or other government document with the voter's
name and current address, or the last four digits of the voter's social security number but does
have one of these forms of identification or a social security number. The provisional voter must
provide one of the foregoing items of identification or the last four digits of the voter's social
security number to the Board of Elections within ten days after the election.
_______________________________
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(Signature of Election Official)
[§ 3505.182]
- 23 -
APPENDIX F
CHALLENGE QUESTIONS
- 24 -
If the person is challenged as unqualified on the ground that the person is not a citizen, the
judges shall put the following questions:
(1) Are you a citizen of the United States?
(2) Are you a native or naturalized citizen?
(3) Where were you born?
(4) What official documentation do you possess to prove your citizenship? Please provide
that documentation.
If the person is challenged as unqualified on the ground that the person has not resided in this
state for thirty (30) days immediately preceding the election, the judges shall put the following
questions:
(1) Have you resided in this state for thirty (30) days immediately preceding this election? If
so, where have you resided?
(2) Did you properly register to vote?
(3) Can you provide some form of identification containing your current mailing address in
this precinct? Please provide that identification.
(4) Have you voted or attempted to vote at any other location in this or in any other state at
this election?
(5) Have you applied for an absent voter's ballot in any state for this election?
If the person is challenged as unqualified on the ground that the person is not a resident of the
precinct where the person offers to vote, the judges shall put the following questions:
(1) Do you reside in this precinct?
(2) When did you move into this precinct?
(3) When you came into this precinct, did you come for a temporary purpose merely or for
the purpose of making it your home?
(4) What is your current mailing address?
(5) Do you have some official identification containing your current address in this precinct?
Please provide that identification.
(6) Have you voted or attempted to vote at any other location in this or in any other state at
this election?
- 25 -
(7) Have you applied for any absent voter's ballot in any state for this election?
If the person is challenged as unqualified on the ground that the person is not of legal voting age,
the judges shall put the following questions:
(1) Are you eighteen (18) years of age or more?
(2) What is your date of birth?
(3) Do you have some official identification verifying your age? Please provide that
identification.
The presiding judge shall put such other questions to the person challenged as are necessary to
determine the person's qualifications as an elector at the election. [§ 3505.20]
If the judge is able to verify the voter’s eligibility to cast a ballot in the election, the voter may
vote by provisional ballot, which will be counted only if the Board of Elections determines that
the voter is properly registered and eligible to vote at the election. [§ 3505.20]
- 26 -