H. B. No. 92 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

H. B. No. 92

Representative Mecklenborg

Cosponsors: Representatives Adams, R., Amstutz, Blair, Bubp, Combs, Grossman, Hackett, Hall, Huffman, Martin, Stebelton, Wachtmann, Zehringer

A BILL

To amend sections 3501.07, 3501.10, 3501.90, 3503.15,

3505.21, 3509.01, 3509.04, 3509.05, 3509.06,

3509.07, 3511.05, and 3511.11 of the Revised

Code to require absent voter's ballot

identification envelope statements to be

completed for absent voter's ballots to be

counted, to require boards of elections to notify

absent voters that their ballots will be rejected

if they do not complete the required statement,

to generally prohibit same day voter

registration and application for absent voter's

ballots, to permit election observers to be

appointed to serve at the board of elections

or at another designated site during the time

absent voter's ballots may be cast in person, to

revise the time period in which voters may cast

absent voter's ballots in person, to permit a

board of elections to establish additional

locations at which voters may cast absent voter's

ballots in person, to require the Secretary of

State to notify boards of elections of

mismatches between voter registration

information and motor vehicle records, and to

revise the process for appointing members of a

board of elections.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3501.07, 3501.10, 3501.90, 3503.15,	26
3505.21, 3509.01, 3509.04, 3509.05, 3509.06, 3509.07, 3511.05,	27
and 3511.11 of the Revised Code be amended to read as follows:	28

Sec. 3501.07. At a meeting held not more than sixty nor less	29
than fifteen days before the expiration date of the term of office	30
of a member of the board of elections, or within fifteen days	31
after a vacancy occurs in the board, the county executive	32
committee of the major political party entitled to the appointment	33
may make and file a recommendation with the secretary of state for	34
the appointment of a qualified elector. The secretary of state	35
shall appoint such elector, unless ~~he has reason to believe~~the	36
secretary of state finds that the elector ~~would~~is not ~~be a~~	37
competent ~~member of~~to serve on such board as a result of either	38
the elector's adjudication of incompetence by a court of	39
competent jurisdiction or the elector's prior conviction of or	40
plea of guilty to a felony. In such cases the secretary of state	41
shall so state in writing to the ~~chairman~~chairperson of such	42
county executive committee~~, with~~ the reasons ~~therefor~~for the	43
secretary's refusal to appoint the individual, and such committee	44
may, with respect to each refusal of the secretary of state,	45
either recommend another elector or ~~may~~ apply for a writ of	46
mandamus to the supreme court to compel the secretary of state to	47
appoint the elector so recommended. In all such ~~action~~actions,	48
the burden of proof to ~~show the qualifications~~prove the lack of	49
competence of the person so recommended by clear and convincing	50
evidence shall be on the ~~committee making~~secretary of state who	51
refused the recommendation. Upon the dismissal of an action in	52
mandamus filed by such county executive committee, the county	53
executive committee shall have fifteen days to make and file	54
another recommendation with the secretary of state for the	55
appointment of a qualified elector. If no such recommendation is	56
made within fifteen days after either the secretary of state	57
refuses the appointment of the county executive committee or the	58
dismissal of an action in mandamus filed by such committee, the	59
secretary of state shall make the appointment. This process shall	60
be repeated, as needed, after each refusal of the secretary of	61
state, until the appointment is made.	62

If a vacancy on the board of elections is to be filled by a	63
minor or an intermediate political party, authorized officials of	64
that party may within fifteen days after the vacancy occurs	65
recommend a qualified person to the secretary of state for	66
appointment to such vacancy.	67

Sec. 3501.10. (A) The board of elections shall, as an	68
expense of the board, provide suitable rooms for its offices and	69
records and the necessary and proper furniture and supplies for	70
those rooms. The board may lease such offices and rooms, necessary	71
to its operation, for the length of time and upon the terms the	72
board deems in the best interests of the public, provided that the	73
term of any such lease shall not exceed fifteen years.	74

Thirty days prior to entering into such a lease, the board	75
shall notify the board of county commissioners in writing of its	76
intent to enter into the lease. The notice shall specify the terms	77
and conditions of the lease. Prior to the thirtieth day after	78
receiving that notice and before any lease is entered into, the	79
board of county commissioners may reject the proposed lease by a	80
majority vote. After receiving written notification of the	81
rejection by the board of county commissioners, the board of	82
elections shall not enter into the lease that was rejected, but	83
may immediately enter into additional lease negotiations, subject	84
to the requirements of this section.	85

The board of elections in any county may, by resolution,	86
request that the board of county commissioners submit to the	87
electors of the county, in accordance with section 133.18 of the	88
Revised Code, the question of issuing bonds for the acquisition of	89
real estate and the construction on it of a suitable building with	90
necessary furniture and equipment for the proper administration of	91
the duties of the board of elections. The resolution declaring the	92
necessity for issuing such bonds shall relate only to the	93
acquisition of real estate and to the construction, furnishing,	94
and equipping of a building as provided in this division.	95

(B) The board of elections in each county shall keep its	96
offices, or one or more of its branch registration offices, open	97
for the performance of its duties until nine p.m. on the last day	98
of registration before a general or primary election. At all other	99
times during each week, the board shall keep its offices and rooms	100
open for a period of time that the board considers necessary for	101
the performance of its duties.	102

(C) The board of elections may maintain permanent or	103
temporary branch offices at any place within the county~~, provided~~	104
~~that, if the board of elections permits electors to vote at a~~	105
~~branch office, electors shall not be permitted to vote at any~~	106
~~other branch office or any other office of the board of elections~~.	107
The board shall not employ more than three such locations,	108
including the office of the board of elections and all branch	109
offices of the board of elections, for the purpose of allowing	110
voters to cast absent voter's ballots in person at an election.	111

A majority vote of the members of the board is required to	112
establish more than one location at which voters may cast absent	113
voter's ballots in person at an election. If the board votes to	114
establish more than one location at which voters may cast absent	115
voter's ballots in person, the board shall select locations in the	116
county that are geographically diverse. If at least three members	117
of the board do not agree to establish additional locations or do	118
not agree on the geographic locations within the county, the board	119
shall only permit absent voter's ballots to be voted in person at	120
the office of the board of elections for that election.	121

Sec. 3501.90. (A) As used in this section:

122

(1) "Harassment in violation of the election law" means	123
~~either~~any of the following:	124

(a) Any of the following types of conduct in or about a	125
polling place or a place of registration or election: obstructing	126
access of an elector to a polling place; another improper practice	127
or attempt tending to obstruct, intimidate, or interfere with an	128
elector in registering or voting at a place of registration or	129
election; molesting or otherwise engaging in violence against	130
observers in the performance of their duties at a place of	131
registration or election; or participating in a riot, violence,	132
tumult, or disorder in and about a place of registration or	133
election;	134

(b) A violation of division (A)(1), (2), (3), or (5) or	135
division (B) of section 3501.35 of the Revised Code;	136

(c) A violation of division (G)(2)(a) of section 3505.21 of	137
the Revised Code.	138

(2) "Person" has the same meaning as in division (C) of	139
section 1.59 of the Revised Code and also includes any	140
organization that is not otherwise covered by that division.	141

(3) "Trier of fact" means the jury or, in a nonjury action,	142
the court.	143

(B) An elector who has experienced harassment in violation of	144
the election law has a cause of action against each person that	145
committed the harassment in violation of the election law. In any	146
civil action based on this cause of action, the elector may seek a	147
declaratory judgment, an injunction, or other appropriate	148
equitable relief. The civil action may be commenced by an elector	149
who has experienced harassment in violation of the election law	150
either alone or as a party to a class action under Civil Rule 23.	151

(C)(1) In addition to the equitable relief authorized by	152
division (B) of this section, an elector who has experienced	153
harassment in violation of the election law may be entitled to	154
relief under division (C)(2) or (3) of this section.	155

(2) If the harassment in violation of the election law	156
involved intentional or reckless threatening or causing of bodily	157
harm to the elector while the elector was attempting to register	158
to vote, to obtain an absent voter's ballot, or to vote, the	159
elector may seek, in a civil action based on the cause of action	160
created by division (B) of this section, monetary damages as	161
prescribed in this division. The civil action may be commenced by	162
the elector who has experienced harassment in violation of the	163
election law either alone or as a party to a class action under	164
Civil Rule 23. Upon proof by a preponderance of the evidence in	165
the civil action that the harassment in violation of the election	166
law involved intentional or reckless threatening or causing of	167
bodily harm to the elector, the trier of fact shall award the	168
elector the greater of three times of the amount of the elector's	169
actual damages or one thousand dollars. The court also shall award	170
a prevailing elector reasonable attorney's fees and court costs.	171

(3) Whether a civil action on the cause of action created by	172
division (B) of this section is commenced by an elector who has	173
experienced harassment in violation of the election law alone or	174
as a party to a class action under Civil Rule 23, if the defendant	175
in the action is an organization that has previously been	176
determined in a court of this state to have engaged in harassment	177
in violation of the election law, the elector may seek an order of	178
the court granting any of the following forms of relief upon proof	179
by a preponderance of the evidence:	180

(a) Divestiture of the organization's interest in any	181
enterprise or in any real property;	182

(b) Reasonable restrictions upon the future activities or	183
investments of the organization, including, but not limited to,	184
prohibiting the organization from engaging in any harassment in	185
violation of the election law;	186

187

(d) The suspension or revocation of any license, permit, or	188
prior approval granted to the organization by any state agency;	189

(e) The revocation of the organization's authorization to do	190
business in this state if the organization is a foreign	191
corporation or other form of foreign entity.	192

(D) It shall not be a defense in a civil action based on the	193
cause of action created by division (B) of this section, whether	194
commenced by an elector who has experienced harassment in	195
violation of the election law alone or as a party to a class	196
action under Civil Rule 23, that no criminal prosecution was	197
commenced or conviction obtained in connection with the conduct	198
alleged to be the basis of the civil action.	199

(E) In a civil action based on the cause of action created by	200
division (B) of this section, whether commenced by an elector who	201
has experienced harassment in violation of the election law alone	202
or as a party to a class action under Civil Rule 23, the elector	203
may name as defendants each individual who engaged in conduct	204
constituting harassment in violation of the election law as well	205
as any person that employs, sponsors, or uses as an agent any such	206
individual or that has organized a common scheme to cause	207
harassment in violation of the election law.	208

Sec. 3503.15. (A) The secretary of state shall establish and	209
maintain a statewide voter registration database that shall be	210
continuously available to each board of elections and to other	211
agencies as authorized by law.	212

(B) The statewide voter registration database established	213
under this section shall be the official list of registered voters	214
for all elections conducted in this state.	215

(C) The statewide voter registration database established	216
under this section shall, at a minimum, include all of the	217
following:	218

(1) An electronic network that connects all board of	219
elections offices with the office of the secretary of state and	220
with the offices of all other boards of elections;	221

(2) A computer program that harmonizes the records contained	222
in the database with records maintained by each board of	223
elections;	224

(3) An interactive computer program that allows access to the	225
records contained in the database by each board of elections and	226
by any persons authorized by the secretary of state to add,	227
delete, modify, or print database records, and to conduct updates	228
of the database;	229

(4) A search program capable of verifying registered voters	230
and their registration information by name, driver's license	231
number, birth date, social security number, or current address;	232

(5) Safeguards and components to ensure that the integrity,	233
security, and confidentiality of the voter registration	234
information is maintained.	235

(D) The secretary of state shall adopt rules pursuant to	236
Chapter 119. of the Revised Code doing all of the following:	237

(1) Specifying the manner in which existing voter	238
registration records maintained by boards of elections shall be	239
converted to electronic files for inclusion in the statewide voter	240
registration database;	241

(2) Establishing a uniform method for entering voter	242
registration records into the statewide voter registration	243
database on an expedited basis, but not less than once per day, if	244
new registration information is received;	245

(3) Establishing a uniform method for purging canceled voter	246
registration records from the statewide voter registration	247
database in accordance with section 3503.21 of the Revised Code;	248

(4) Specifying the persons authorized to add, delete, modify,	249
or print records contained in the statewide voter registration	250
database and to make updates of that database;	251

(5) Establishing a process for annually auditing the	252
information contained in the statewide voter registration	253
database.	254

(E) A board of elections promptly shall purge a voter's name	255
and voter registration information from the statewide voter	256
registration database in accordance with the rules adopted by the	257
secretary of state under division (D)(3) of this section after the	258
cancellation of a voter's registration under section 3503.21 of	259
the Revised Code.	260

(F) The secretary of state shall provide training in the	261
operation of the statewide voter registration database to each	262
board of elections and to any persons authorized by the secretary	263
of state to add, delete, modify, or print database records, and to	264
conduct updates of the database.	265

(G)(1) The statewide voter registration database established	266
under this section shall be made available on a web site of the	267
office of the secretary of state as follows:	268

(a) Except as otherwise provided in division (G)(1)(b) of	269
this section, only the following information from the statewide	270
voter registration database regarding a registered voter shall be	271
made available on the web site:	272

(i) The voter's name;

273

(ii) The voter's address;

274

(iii) The voter's precinct number;

275

(iv) The voter's voting history.

276

(b) During the thirty days before the day of a primary or	277
general election, the web site interface of the statewide voter	278
registration database shall permit a voter to search for the	279
polling location at which that voter may cast a ballot.	280

(2) The secretary of state shall establish, by rule adopted	281
under Chapter 119. of the Revised Code, a process for boards of	282
elections to notify the secretary of state of changes in the	283
locations of precinct polling places for the purpose of updating	284
the information made available on the secretary of state's web	285
site under division (G)(1)(b) of this section. Those rules shall	286
require a board of elections, during the thirty days before the	287
day of a primary or general election, to notify the secretary of	288
state within one business day of any change to the location of a	289
precinct polling place within the county.	290

(3) During the thirty days before the day of a primary or	291
general election, not later than one business day after receiving	292
a notification from a county pursuant to division (G)(2) of this	293
section that the location of a precinct polling place has changed,	294
the secretary of state shall update that information on the	295
secretary of state's web site for the purpose of division	296
(G)(1)(b) of this section.	297

(H)(1) The secretary of state and the registrar of motor	298
vehicles shall enter into an agreement to match information in the	299
statewide voter registration database with motor vehicle records	300
for the purpose of verifying the accuracy of the information in	301
the statewide voter registration database and the information	302
provided on voter registration applications, as required under 42	303
U.S.C. 15483.	304

(2) The secretary of state shall notify the applicable board	305
of elections of any mismatches between voter registration	306
information and motor vehicle records that the secretary of state	307
receives under division (H)(1) of this section regarding persons	308
registered to vote in the applicable county.	309

(3)(a) Upon notification of mismatches by the secretary of	310
state under division (H)(2) of this section, the board of	311
elections shall notify each affected voter of the mismatch	312
regarding the voter's information. The board shall provide the	313
voter with the opportunity to verify and correct the mismatched	314
information.	315

(b) The secretary of state shall establish, by rule adopted	316
under Chapter 119. of the Revised Code, procedures for boards of	317
elections to notify affected voters of mismatches and to provide	318
those voters with the opportunity to verify and correct the	319
mismatched information under division (H)(3)(a) of this section.	320
Rules adopted under this division shall conform to the voluntary	321
guidelines for implementing statewide voter registration lists	322
adopted by the United States election assistance commission.	323

(4) Notwithstanding any provision of the Revised Code to the	324
contrary, a mismatch shall not be the sole reason for the removal	325
of a voter from the statewide voter registration database.	326

(5) As used in division (H) of this section, "mismatch" means	327
any of the following data fields that are not identical to one	328
another with respect to a particular individual when information	329
in the statewide voter registration database is compared to motor	330
vehicle records:	331

(a) Driver's license number;

332

(b) Social security number;

333

334

Sec. 3505.21. (A) As used in this section, "during the	335
casting of the ballots" includes any time during which a board of	336
elections permits an elector to vote an absent voter's ballot in	337
person at the office of the board or at another site designated by	338
the board under division (C) of section 3501.10 of the Revised	339
Code and any time ballots may be cast in a precinct polling place	340
on the day of an election.	341

(B) At any primary, special, or general election, any	342
political party supporting candidates to be voted upon at such	343
election and any group of five or more candidates may appoint to	344
the board of elections or to any of the precincts in the county or	345
city one person, a qualified elector, who shall serve as observer	346
for such party or such candidates during the casting of the	347
ballots and during the counting of the ballots; provided that	348
separate observers may be appointed to serve during the casting	349
and during the counting of the ballots. No candidate, no uniformed	350
peace officer as defined by section 2935.01 of the Revised Code,	351
no uniformed state highway patrol trooper, no uniformed member of	352
any fire department, no uniformed member of the armed services, no	353
uniformed member of the organized militia, no person wearing any	354
other uniform, and no person carrying a firearm or other deadly	355
weapon shall serve as an observer, nor shall any candidate be	356
represented by more than one observer at any one precinct or other	357
voting location except that a candidate who is a member of a party	358
controlling committee, as defined in section 3517.03 of the	359
Revised Code, may serve as an observer. ~~Any~~	360

(C) Any political party or group of candidates appointing	361
observers shall notify the board of elections of the names and	362
addresses of its appointees and ~~the precincts~~each precinct or	363
other location at which they shall serve. Notification of	364
observers appointed to serve on the day of an election shall take	365
place not less than eleven days before the day of the election on	366
forms prescribed by the secretary of state and may be amended by	367
filing an amendment with the board of elections at any time until	368
four p.m. of the day before the election. Notification of	369
observers appointed to serve at the office of the board or at	370
another location during the time absent voter's ballots may be	371
cast in person shall take place not less than eleven days before	372
absent voter's ballots are required to be ready for use pursuant	373
to section 3509.01 of the Revised Code on forms prescribed by the	374
secretary of state and may be amended by filing an amendment with	375
the board of elections at any time until four p.m. of the day	376
before the observer is appointed to serve. The observer serving on	377
behalf of a political party shall be appointed in writing by the	378
chairperson and secretary of the respective controlling party	379
committee. Observers serving for any five or more candidates shall	380
have their certificates signed by those candidates. Observers	381
appointed to a precinct may file their certificates of appointment	382
with the presiding judge of the precinct at the meeting on the	383
evening prior to the election, or with the presiding judge of the	384
precinct on the day of the election. ~~Upon~~Observers appointed to	385
the office of the board or another designated site to observe the	386
casting of absent voter's ballots in person prior to the day of	387
the election may file their certificates with the director of the	388
board of elections the day before or on the day that the observers	389
are scheduled to serve at the office of the board or other	390
designated site.	391

Upon the filing of a certificate, the person named as	392
observer in the certificate shall be permitted to be in and about	393
the applicable polling place ~~for the precinct~~ during the casting	394
of the ballots and shall be permitted to watch every proceeding of	395
the judges of elections from the time of the opening until the	396
closing of the polls. The observer also may inspect the counting	397
of all ballots in the polling place or board of elections from the	398
time of the closing of the polls until the counting is completed	399
and the final returns are certified and signed. Observers	400
appointed to serve at the board of elections on the day of an	401
election under this section may observe at the board of elections	402
and may observe at any precinct in the county. The judges of	403
elections shall protect such observers in all of the rights and	404
privileges granted to them by Title XXXV of the Revised Code.	405

(D) No persons other than the judges of elections, the	406
observers, a police officer, other persons who are detailed to any	407
precinct on request of the board of elections, or the secretary of	408
state or the secretary of state's legal representative shall be	409
admitted to the polling place, or any room in which a board of	410
elections is counting ballots, after the closing of the polls	411
until the counting, certifying, and signing of the final returns	412
of each election have been completed.	413

(E) Not later than four p.m. of the twentieth day prior to an	414
election at which questions are to be submitted to a vote of the	415
people, any committee that in good faith advocates or opposes a	416
measure may file a petition with the board of any county asking	417
that the petitioners be recognized as the committee entitled to	418
appoint observers to the count at the election. If more than one	419
committee alleging themselves to advocate or oppose the same	420
measure file such a petition, the board shall decide and announce	421
by registered mail to each committee not less than twelve days	422
immediately preceding the election which committee is recognized	423
as being entitled to appoint observers. The decision shall not be	424
final, but any aggrieved party may institute mandamus proceedings	425
in the court of common pleas of the county in which the board has	426
jurisdiction to compel the judges of elections to accept the	427
appointees of such aggrieved party. Any such recognized committee	428
may appoint an observer to the count in each precinct. Committees	429
appointing observers shall notify the board of elections of the	430
names and addresses of its appointees and the precincts at which	431
they shall serve. Notification shall take place not less than	432
eleven days before the election on forms prescribed by the	433
secretary of state and may be amended by filing an amendment with	434
the board of elections at any time until four p.m. on the day	435
before the election. A person so appointed shall file the person's	436
certificate of appointment with the presiding judge in the	437
precinct in which the person has been appointed to serve.	438
Observers shall file their certificates before the polls are	439
closed. In no case shall more than six observers be appointed for	440
any one election in any one precinct. If more than three questions	441
are to be voted on, the committees which have appointed observers	442
may agree upon not to exceed six observers, and the judges of	443
elections shall appoint such observers. If such committees fail to	444
agree, the judges of elections shall appoint six observers from	445
the appointees so certified, in such manner that each side of the	446
several questions shall be represented.	447

(F) No person shall serve as an observer at any precinct or	448
other voting location unless the board of elections of the county	449
in which such observer is to serve has first been notified of the	450
name, address, and precinct or other location at which such	451
observer is to serve. Notification to the board of elections shall	452
be given by the political party, group of candidates, or committee	453
appointing such observer as prescribed in this section. No such	454
observers shall receive any compensation from the county,	455
municipal corporation, or township, and they shall take the	456
following oath, to be administered by one of the judges of	457
elections:	458

"You do solemnly swear that you will faithfully and	459
impartially discharge the duties as an official observer, assigned	460
by law; that you will not cause any delay to persons offering to	461
vote; and that you will not disclose or communicate to any person	462
how any elector has voted at such election."	463

(G)(1) An observer who serves during the casting of the	464
ballots shall only be permitted to do the following:	465

(a) Watch and listen to the activities conducted by the	466
precinct election officials and the interactions between precinct	467
election officials and voters, as long as the precinct election	468
officials are not delayed in performing the officials' prescribed	469
duties and voters are not delayed in casting their ballots;	470

(b) Make notes on the observer's observations other than by	471
means of a photographic, video, or audio recording.	472

(2)(a) No observer who serves during the casting of the	473
ballots shall interact with any precinct election official or	474
with any voter while the observer is inside the polling place,	475
within the area between the polling place and the small flags of	476
the United States placed on the thoroughfares and walkways	477
leading to the polling place, or within ten feet of any elector	478
in line waiting to vote, if the line of electors waiting to vote	479
extends beyond those small flags.	480

(b) An observer does not violate division (G)(2)(a) of this	481
section as a result of an incidental interaction with a voter or a	482
precinct election official, such as an exchange of greetings.	483

Sec. 3509.01. (A) The board of elections of each county shall	484
provide absent voter's ballots for use at every primary and	485
general election, or special election to be held on the day	486
specified by division (E) of section 3501.01 of the Revised Code	487
for the holding of a primary election, designated by the general	488
assembly for the purpose of submitting constitutional amendments	489
proposed by the general assembly to the voters of the state. Those	490
ballots shall be the same size, shall be printed on the same kind	491
of paper, and shall be in the same form as has been approved for	492
use at the election for which those ballots are to be voted;	493
except that, in counties using marking devices, ballot cards may	494
be used for absent voter's ballots, and those absent voters shall	495
be instructed to record the vote in the manner provided on the	496
ballot cards. In counties where punch card ballots are used, those	497
absent voters shall be instructed to examine their marked ballot	498
cards and to remove any chads that remain partially attached to	499
them before returning them to election officials.	500

(B) The rotation of names of candidates and questions and	501
issues shall be substantially complied with on absent voter's	502
ballots, within the limitation of time allotted. Those ballots	503
shall be designated as "Absent Voter's Ballots." ~~and~~Except as	504
otherwise provided in division (D) of this section, those ballots	505
shall be printed and ready for use as follows:	506

(1) For overseas voters and absent uniformed services voters	507
eligible to vote under the Uniformed and Overseas Citizens	508
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	509
1973ff, et seq., as amended, ballots shall be printed and ready	510
for use on the thirty-fifth day before the day of ~~the~~any election	511
other than a presidential primary election~~, except that those~~;	512

(2) For all voters, other than overseas voters and absent	513
uniformed services voters, who are applying to vote absent voter's	514
ballots other than in person, ballots shall be printed and ready	515
for use on the twenty-eighth day before the day of any election	516
other than a presidential primary election;	517

(3) For all voters, other than overseas voters and absent	518
uniformed services voters, who are applying to vote absent voter's	519
ballots in person, ballots shall be printed and ready for use	520
beginning on the twentieth day before the day of the election and	521
shall continue to be available for use through five p.m. on the	522
day before the day of the election;	523

(4) For all voters who are applying to vote absent voter's	524
ballots other than in person, ballots shall be printed and ready	525
for use on the twenty-fifth day before the day of a presidential	526
primary election.	527

(C) Absent voter's ballots provided for use at a general or	528
primary election, or special election to be held on the day	529
specified by division (E) of section 3501.01 of the Revised Code	530
for the holding of a primary election, designated by the general	531
assembly for the purpose of submitting constitutional amendments	532
proposed by the general assembly to the voters of the state, shall	533
include only those questions, issues, and candidacies that have	534
been lawfully ordered submitted to the electors voting at that	535
election.	536

~~Absent~~(D) If the laws governing the holding of a special	537
election on a day other than the day on which a primary or general	538
election is held make it impossible for absent voter's ballots to	539
be printed and ready for use by the deadlines established in	540
division (B) of this section, absent voter's ballots for those	541
special elections ~~held on days other than the day on which general~~	542
~~or primary elections are held~~ shall be ready for use as many days	543
before the day of the election as reasonably possible under the	544
laws governing the holding of that special election.	545

(E) A copy of the absent voter's ballots shall be forwarded	546
by the director of the board in each county to the secretary of	547
state at least twenty-five days before the election.	548

(F) As used in this section, "chad" and "punch card ballot"	549
have the same meanings as in section 3506.16 of the Revised Code.	550

Sec. 3509.04. (A) If a director of a board of elections	551
receives an application for absent voter's ballots that does not	552
contain all of the required information, the director promptly	553
shall notify the applicant of the additional information required	554
to be provided by the applicant to complete that application.	555

(B) Upon receipt by the director of elections of an	556
application for absent voter's ballots that contain all of the	557
required information, as provided by sections 3509.03 and 3509.031	558
and division (G) of section 3503.16 of the Revised Code, the	559
director, if the director finds that the applicant is a qualified	560
elector, shall deliver to the applicant in person or mail directly	561
to the applicant by special delivery mail, air mail, or regular	562
mail, postage prepaid, proper absent voter's ballots. The director	563
shall deliver or mail with the ballots an unsealed identification	564
envelope upon the face of which shall be printed athe following	565
form ~~substantially as follows~~:	566

"Identification Envelope Statement of Voter	567

I, ........................(Name of voter), declare under	568
penalty of election falsification that the within ballot or	569
ballots contained no voting marks of any kind when I received	570
them, and I caused the ballot or ballots to be marked, enclosed in	571
the identification envelope, and sealed in that envelope.	572

My voting residence in Ohio is

573

...................................................................	574

(Street and Number, if any, or Rural Route and Number)	575

of ................................ (City, Village, or Township)	576
Ohio, which is in Ward ............... Precinct ................	577
in that city, village, or township.	578

The primary election ballots, if any, within this envelope	579
are primary election ballots of the ............. Party.	580

Ballots contained within this envelope are to be voted at the	581
.......... (general, special, or primary) election to be held on	582
the .......................... day of ......................, ....	583

My date of birth is ............... (Month and Day),	584
.......... (Year).	585

(Voter must provide one of the following:)

586

My driver's license number is ............... (Driver's	587
license number).	588

The last four digits of my Social Security Number are	589
............... (Last four digits of Social Security Number).	590

...... In lieu of providing a driver's license number or the	591
last four digits of my Social Security Number, I am enclosing a	592
copy of one of the following in the return envelope in which this	593
identification envelope will be mailed: a current and valid photo	594
identification, a military identification, or a current utility	595
bill, bank statement, government check, paycheck, or other	596
government document, other than a notice of an election mailed by	597
a board of elections under section 3501.19 of the Revised Code or	598
a notice of voter registration mailed by a board of elections,	599
that shows my name and address.	600

I hereby declare, under penalty of election falsification,	601
that the statements above are true, as I verily believe.	602

			603
	(Signature of Voter)		604

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	605
THE FIFTH DEGREE."	606

The director shall mail with the ballots and the unsealed	607
identification envelope an unsealed return envelope upon the face	608
of which shall be printed the official title and post-office	609
address of the director. In the upper left corner on the face of	610
the return envelope, several blank lines shall be printed upon	611
which the voter may write the voter's name and return address, and	612
beneath these lines there shall be printed a box beside the words	613
"check if out-of-country." The voter shall check this box if the	614
voter will be outside the United States on the day of the	615
election. The return envelope shall be of such size that the	616
identification envelope can be conveniently placed within it for	617
returning the identification envelope to the director.	618

Sec. 3509.05. (A) When an elector receives an absent	619
voter's ballot pursuant to the elector's application or request,	620
the elector shall, before placing any marks on the ballot, note	621
whether there are any voting marks on it. If there are any voting	622
marks, the ballot shall be returned immediately to the board of	623
elections; otherwise, the elector shall cause the ballot to be	624
marked, folded in a manner that the stub on it and the	625
indorsements and facsimile signatures of the members of the board	626
of elections on the back of it are visible, and placed and sealed	627
within the identification envelope received from the director of	628
elections for that purpose. Then, the elector shall cause the	629
statement of voter on the outside of the identification envelope	630
to be completed and signed, under penalty of election	631
falsification.	632

If the elector does not provide the elector's driver's	633
license number or the last four digits of the elector's social	634
security number on the statement of voter on the identification	635
envelope, the elector also shall include in the return envelope	636
with the identification envelope a copy of the elector's current	637
valid photo identification, a copy of a military identification,	638
or a copy of a current utility bill, bank statement, government	639
check, paycheck, or other government document, other than a	640
notice of an election mailed by a board of elections under	641
section 3501.19 of the Revised Code or a notice of voter	642
registration mailed by a board of elections under section 3503.19	643
of the Revised Code, that shows the name and address of the	644
elector.	645

The elector shall mail the identification envelope to the	646
director from whom it was received in the return envelope, postage	647
prepaid, or the elector may personally deliver it to the director,	648
or the spouse of the elector, the father, mother, father-in-law,	649
mother-in-law, grandfather, grandmother, brother, or sister of the	650
whole or half blood, or the son, daughter, adopting parent,	651
adopted child, stepparent, stepchild, uncle, aunt, nephew, or	652
niece of the elector may deliver it to the director. The return	653
envelope shall be transmitted to the director in no other manner,	654
except as provided in section 3509.08 of the Revised Code.	655

Each elector who will be outside the United States on the day	656
of the election shall check the box on the return envelope	657
indicating this fact.	658

When absent voter's ballots are delivered to an elector at	659
the office of the board, the elector may retire to a voting	660
compartment provided by the board and there mark the ballots.	661
Thereupon, the elector shall fold them, place them in the	662
identification envelope provided, seal the envelope, fill in and	663
sign the statement on the envelope under penalty of election	664
falsification, and deliver the envelope to the director of the	665
board.	666

Except as otherwise provided in divisions (B) and (C) of this	667
section, all other envelopes containing marked absent voter's	668
ballots shall be delivered to the director not later than the	669
close of the polls on the day of an election. Absent voter's	670
ballots delivered to the director later than the times specified	671
shall not be counted, but shall be kept by the board in the sealed	672
identification envelopes in which they are delivered to the	673
director, until the time provided by section 3505.31 of the	674
Revised Code for the destruction of all other ballots used at the	675
election for which ballots were provided, at which time they shall	676
be destroyed.	677

(B)(1) Except as otherwise provided in division (B)(2) of	678
this section, any return envelope that indicates that the voter	679
will be outside the United States on the day of the election shall	680
be delivered to the director prior to the eleventh day after the	681
election. Ballots delivered in such envelopes that are received	682
after the close of the polls on election day through the tenth day	683
thereafter shall be counted on the eleventh day at the board of	684
elections in the manner provided in divisions (C) and (D) of	685
section 3509.06 of the Revised Code. Any such ballots that are	686
signed or postmarked after the close of the polls on the day of	687
the election or that are received by the director later than the	688
tenth day following the election shall not be counted, but shall	689
be kept by the board in the sealed identification envelopes as	690
provided in division (A) of this section.	691

(2) In any year in which a presidential primary election is	692
held, any return envelope that indicates that the voter will be	693
outside the United States on the day of the presidential primary	694
election shall be delivered to the director prior to the	695
twenty-first day after that election. Ballots delivered in such	696
envelopes that are received after the close of the polls on	697
election day through the twentieth day thereafter shall be counted	698
on the twenty-first day at the board of elections in the manner	699
provided in divisions (C) and (D) of section 3509.06 of the	700
Revised Code. Any such ballots that are signed or postmarked after	701
the close of the polls on the day of that election or that are	702
received by the director later than the twentieth day following	703
that election shall not be counted, but shall be kept by the board	704
in the sealed identification envelopes as provided in division (A)	705
of this section.	706

(C)(1) Except as otherwise provided in division (C)(2) of	707
this section, any return envelope that is postmarked within the	708
United States prior to the day of the election shall be delivered	709
to the director prior to the eleventh day after the election.	710
Ballots delivered in envelopes postmarked prior to the day of the	711
election that are received after the close of the polls on	712
election day through the tenth day thereafter shall be counted on	713
the eleventh day at the board of elections in the manner provided	714
in divisions (C) and (D) of section 3509.06 of the Revised Code.	715
Any such ballots that are received by the director later than the	716
tenth day following the election shall not be counted, but shall	717
be kept by the board in the sealed identification envelopes as	718
provided in division (A) of this section.	719

(2) Division (C)(1) of this section shall not apply to any	720
mail that is postmarked using a postage evidencing system,	721
including a postage meter, as defined in 39 C.F.R. 501.1.	722

(D)(1) Except as otherwise provided in division (D)(2) of	723
this section, if a board of elections determines, prior to the	724
close of the polls on the day of the election, that the statement	725
of voter on a voter's absent voter's ballot identification	726
envelope is incomplete, the board shall notify the absent voter by	727
mail or by telephone that the voter's absent ballot will be	728
rejected unless the voter completes the statement prior to the	729
close of the polls on the day of the election.	730

(2) A board of elections shall not be required to notify	731
voters under division (D)(1) of this section for any absent	732
voter's ballots that the board receives after the eighth day	733
before the day of the election.	734

If a board of elections chooses to notify voters under	735
division (D)(1) of this section of incomplete absent voter's	736
ballot envelope statements for absent voter's ballots received	737
after the eighth day before the day of the election, the board	738
shall notify all voters whose absent voter's ballot envelope	739
statements are incomplete that their absent voter's ballot	740
envelopes will be rejected unless the voter completes the	741
statement prior to the close of the polls on the day of the	742
election.	743

Sec. 3509.06. (A) The board of elections shall determine	744
whether absent voter's ballots shall be counted in each precinct,	745
at the office of the board, or at some other location designated	746
by the board, and shall proceed accordingly under division (B) or	747
(C) of this section.	748

(B) When the board of elections determines that absent	749
voter's ballots shall be counted in each precinct, the director	750
shall deliver to the presiding judge of each precinct on election	751
day identification envelopes purporting to contain absent voter's	752
ballots of electors whose voting residence appears from the	753
statement of voter on the outside of each of those envelopes, to	754
be located in such presiding judge's precinct, and which were	755
received by the director not later than the close of the polls on	756
election day. The director shall deliver to such presiding judge a	757
list containing the name and voting residence of each person whose	758
voting residence is in such precinct to whom absent voter's	759
ballots were mailed.	760

(C) When the board of elections determines that absent	761
voter's ballots shall be counted at the office of the board of	762
elections or at another location designated by the board, special	763
election judges shall be appointed by the board for that purpose	764
having the same authority as is exercised by precinct judges. The	765
votes so cast shall be added to the vote totals by the board, and	766
the absent voter's ballots shall be preserved separately by the	767
board, in the same manner and for the same length of time as	768
provided by section 3505.31 of the Revised Code.	769

(D) Each of the identification envelopes purporting to	770
contain absent voter's ballots delivered to the presiding judge of	771
the precinct or the special judge appointed by the board of	772
elections shall be handled as follows: The election officials	773
shall compare the signature of the elector on the outside of the	774
identification envelope with the signature of that elector on the	775
elector's registration form and verify that the absent voter's	776
ballot is eligible to be counted under section 3509.07 of the	777
Revised Code. Any of the precinct officials may challenge the	778
right of the elector named on the identification envelope to vote	779
the absent voter's ballots upon the ground that the signature on	780
the envelope is not the same as the signature on the registration	781
form, that the identification envelope statement of voter has not	782
been completed, or upon any other of the grounds upon which the	783
right of persons to vote may be lawfully challenged. If no such	784
challenge is made, or if such a challenge is made and not	785
sustained, the presiding judge shall open the envelope without	786
defacing the statement of voter and without mutilating the ballots	787
in it, and shall remove the ballots contained in it and proceed to	788
count them.	789

The name of each person voting who is entitled to vote only	790
an absent voter's presidential ballot shall be entered in a	791
pollbook or poll list or signature pollbook followed by the words	792
"Absentee Presidential Ballot." The name of each person voting an	793
absent voter's ballot, other than such persons entitled to vote	794
only a presidential ballot, shall be entered in the pollbook or	795
poll list or signature pollbook and the person's registration card	796
marked to indicate that the person has voted.	797

The date of such election shall also be entered on the	798
elector's registration form. If any such challenge is made and	799
sustained, the identification envelope of such elector shall not	800
be opened, shall be endorsed "Not Counted" with the reasons the	801
ballots were not counted, and shall be delivered to the board.	802

(E) Special election judges, employees or members of the	803
board of elections, or observers shall not disclose the count or	804
any portion of the count of absent voter's ballots prior to the	805
time of the closing of the polling places. No person shall	806
recklessly disclose the count or any portion of the count of	807
absent voter's ballots in such a manner as to jeopardize the	808
secrecy of any individual ballot.	809

(F) Observers may be appointed under section 3505.21 of the	810
Revised Code to witness the examination and opening of	811
identification envelopes and the counting of absent voters'	812
ballots under this section.	813

Sec. 3509.07. If election officials find that the statement	814
accompanying an absent voter's ballot or absent voter's	815
presidential ballot is incomplete or insufficient, that the	816
signatures do not correspond with the person's registration	817
signature, that the applicant is not a qualified elector in the	818
precinct, that the ballot envelope contains more than one ballot	819
of any one kind, or any voted ballot that the elector is not	820
entitled to vote, that Stub A is detached from the absent voter's	821
ballot or absent voter's presidential ballot, or that the elector	822
has not included with the elector's ballot any identification	823
required under section 3509.05 or 3511.09 of the Revised Code, the	824
vote shall not be accepted or counted. The vote of any absent	825
voter may be challenged for cause in the same manner as other	826
votes are challenged, and the election officials shall determine	827
the legality of that ballot. Every ballot not counted shall be	828
endorsed on its back "Not Counted" with the reasons the ballot was	829
not counted, and shall be enclosed and returned to or retained by	830
the board of elections along with the contested ballots.	831

Sec. 3511.05. (A) The director of the board of elections	832
shall place armed service absent voter's ballots sent by mail in	833
an unsealed identification envelope, gummed ready for sealing. The	834
director shall include with armed service absent voter's ballots	835
sent by facsimile machine an instruction sheet for preparing a	836
gummed envelope in which the ballots shall be returned. The	837
envelope for returning ballots sent by either means shall have	838
printed or written on its face athe following form ~~substantially~~	839
~~as follows~~:	840

"Identification Envelope Statement of Voter	841

I, ........................(Name of voter), declare under	842
penalty of election falsification that the within ballot or	843
ballots contained no voting marks of any kind when I received	844
them, and I caused the ballot or ballots to be marked, enclosed in	845
the identification envelope, and sealed in that envelope.	846

My voting residence in Ohio is

847

...................................................................	848

(Street and Number, if any, or Rural Route and Number)	849

of ................................ (City, Village, or Township)	850
Ohio, which is in Ward ............... Precinct ................	851
in that city, village, or township.	852

The primary election ballots, if any, within this envelope	853
are primary election ballots of the ............. Party.	854

Ballots contained within this envelope are to be voted at the	855
.......... (general, special, or primary) election to be held on	856
the .......................... day of ......................, ....	857

My date of birth is ............... (Month and Day),	858
.......... (Year).	859

(Voter must provide one of the following:)

860

My driver's license number is ............... (Driver's	861
license number).	862

The last four digits of my Social Security Number are	863
............... (Last four digits of Social Security Number).	864

...... In lieu of providing a driver's license number or the	865
last four digits of my Social Security Number, I am enclosing a	866
copy of one of the following in the return envelope in which this	867
identification envelope will be mailed: a current and valid photo	868
identification, a military identification, or a current utility	869
bill, bank statement, government check, paycheck, or other	870
government document, other than a notice of an election mailed by	871
a board of elections under section 3501.19 of the Revised Code or	872
a notice of voter registration mailed by a board of elections,	873
that shows my name and address.	874

I hereby declare, under penalty of election falsification,	875
that the statements above are true, as I verily believe.	876

			877
	(Signature of Voter)		878

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	879
THE FIFTH DEGREE."	880

(B) The director shall also mail with the ballots and the	881
unsealed identification envelope sent by mail an unsealed return	882
envelope, gummed, ready for sealing, for use by the voter in	883
returning the voter's marked ballots to the director. The director	884
shall send with the ballots and the instruction sheet for	885
preparing a gummed envelope sent by facsimile machine an	886
instruction sheet for preparing a second gummed envelope as	887
described in this division, for use by the voter in returning that	888
voter's marked ballots to the director. The return envelope shall	889
have two parallel lines, each one quarter of an inch in width,	890
printed across its face paralleling the top, with an intervening	891
space of one quarter of an inch between such lines. The top line	892
shall be one and one-quarter inches from the top of the envelope.	893
Between the parallel lines shall be printed: "OFFICIAL ELECTION	894
ARMED SERVICE ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank	895
lines shall be printed in the upper left corner on the face of the	896
envelope for the use by the voter in placing the voter's complete	897
military, naval, or mailing address on these lines, and beneath	898
these lines there shall be printed a box beside the words "check	899
if out-of-country." The voter shall check this box if the voter	900
will be outside the United States on the day of the election. The	901
official title and the post-office address of the director to whom	902
the envelope shall be returned shall be printed on the face of	903
such envelope in the lower right portion below the bottom parallel	904
line.	905

(C) On the back of each identification envelope and each	906
return envelope shall be printed the following:	907

"Instructions to voter:	908

If the flap on this envelope is so firmly stuck to the back	909
of the envelope when received by you as to require forcible	910
opening in order to use it, open the envelope in the manner least	911
injurious to it, and, after marking your ballots and enclosing	912
same in the envelope for mailing them to the director of the board	913
of elections, reclose the envelope in the most practicable way, by	914
sealing or otherwise, and sign the blank form printed below.	915

The flap on this envelope was firmly stuck to the back of the	916
envelope when received, and required forced opening before sealing	917
and mailing.	918

			919
	(Signature of voter)"		920

(D) Division (C) of this section does not apply when absent	921
voter's ballots are sent by facsimile machine.	922

Sec. 3511.11. (A) Upon receipt of any return envelope	923
bearing the designation "Official Election Armed Service Absent	924
Voter's Ballot" prior to the twenty-first day after the day of a	925
presidential primary election or prior to the eleventh day after	926
the day of any other election, the director of the board of	927
elections shall open it but shall not open the identification	928
envelope contained in it. If, upon so opening the return envelope,	929
the director finds ballots in it that are not enclosed in and	930
properly sealed in the identification envelope, the director shall	931
not look at the markings upon the ballots and shall promptly place	932
them in the identification envelope and promptly seal it. If, upon	933
so opening the return envelope, the director finds that ballots	934
are enclosed in the identification envelope but that it is not	935
properly sealed, the director shall not look at the markings upon	936
the ballots and shall promptly seal the identification envelope.	937

(B)(1) Except as otherwise provided in division (B)(2) of	938
this section, if a board of elections determines, prior to the	939
close of the polls on the day of the election, that the statement	940
of voter on an armed service absent voter's ballot identification	941
envelope is incomplete, the board shall notify the armed services	942
absent voter by mail or by telephone that the voter's armed	943
service absent voter's ballot will be rejected unless the voter	944
completes the statement prior to the close of the polls on the day	945
of the election.	946

(2) A board of elections shall not be required to notify	947
voters under division (B)(1) of this section for any armed service	948
absent voter's ballots that the board receives after the eighth	949
day before the day of the election.	950

If a board of elections chooses to notify voters under	951
division (B)(1) of this section of incomplete armed service absent	952
voter's ballot envelope statements for armed service absent	953
voter's ballots received after the eighth day before the day of	954
the election, the board shall notify all voters whose armed	955
service absent voter's ballot envelope statements are incomplete	956
that their armed service absent voter's ballot envelopes will be	957
rejected unless the voter completes the statement prior to the	958
close of the polls on the day of the election.	959

(C) Armed service absent voter's ballots delivered to the	960
director not later than the close of the polls on election day	961
shall be counted in the manner provided in section 3509.06 of the	962
Revised Code.	963

~~(C)~~(D) A return envelope that indicates that the voter will	964
be outside of the United States on the day of an election is not	965
required to be postmarked in order for an armed service absent	966
voter's ballot contained in it to be valid. Except as otherwise	967
provided in this division, whether or not the return envelope	968
containing the ballot is postmarked or contains an illegible	969
postmark, an armed service absent voter's ballot that is received	970
after the close of the polls on election day through the tenth day	971
after the election day or, if the election was a presidential	972
primary election, through the twentieth day after the election	973
day, and that is delivered in a return envelope that indicates	974
that the voter will be outside the United States on the day of the	975
election shall be counted on the eleventh day after the election	976
day or, if the election was a presidential primary election, on	977
the twenty-first day after the election day, at the office of the	978
board of elections in the manner provided in divisions (C) and (D)	979
of section 3509.06 of the Revised Code. However, if a return	980
envelope containing an armed service absent voter's ballot is so	981
received and so indicates, but it is postmarked, or the	982
identification envelope in it is signed, after the close of the	983
polls on election day, the armed service absent voter's ballot	984
shall not be counted.	985

~~(D)~~(E)(1) Except as otherwise provided in division ~~(D)~~(E)(2)	986
of this section, any return envelope containing an armed service	987
absent voter's ballot that is postmarked within the United States	988
prior to the day of the election shall be delivered to the	989
director prior to the eleventh day after the election. Armed	990
service absent voter's ballots delivered in envelopes postmarked	991
prior to the day of the election that are received after the close	992
of the polls on election day through the tenth day thereafter	993
shall be counted on the eleventh day at the board of elections in	994
the manner provided in divisions (C) and (D) of section 3509.06 of	995
the Revised Code. Any such ballots that are received by the	996
director later than the tenth day following the election shall not	997
be counted, but shall be kept by the board in the sealed	998
identification envelopes as provided in division (A) of this	999
section.	1000

(2) Division ~~(D)~~(E)(1) of this section shall not apply to any	1001
mail that is postmarked using a postage evidencing system,	1002
including a postage meter, as defined in 39 C.F.R. 501.1.	1003

~~(E)~~(F) The following types of armed service absent voter's	1004
ballots shall not be counted:	1005

(1) Armed service absent voter's ballots contained in return	1006
envelopes that bear the designation "Official Election Armed	1007
Service Absent Voter's Ballots," that are received by the director	1008
after the close of the polls on the day of the election, and that	1009
either are postmarked, or contain an identification envelope that	1010
is signed, on or after election day;	1011

(2) Armed service absent voter's ballots contained in return	1012
envelopes that bear that designation, that do not indicate they	1013
are from voters who will be outside the United States on the day	1014
of the election, and that are received after the tenth day	1015
following the election or, if the election was a presidential	1016
primary election, after the twentieth day following the election;	1017

(3) Armed service absent voter's ballots contained in return	1018
envelopes that bear that designation, that are received by the	1019
director within ten days after the day of the election, and that	1020
were postmarked before the day of the election using a postage	1021
evidencing system, including a postage meter, as defined in 39	1022
C.F.R. 501.1.	1023

The uncounted ballots shall be preserved in their	1024
identification envelopes unopened until the time provided by	1025
section 3505.31 of the Revised Code for the destruction of all	1026
other ballots used at the election for which ballots were	1027
provided, at which time they shall be destroyed.	1028

Section 2. That existing sections 3501.07, 3501.10, 3501.90,	1029
3503.15, 3505.21, 3509.01, 3509.04, 3509.05, 3509.06, 3509.07,	1030
3511.05, and 3511.11 of the Revised Code are hereby repealed.	1031

Section 3. The General Assembly, applying the principle	1032
stated in division (B) of section 1.52 of the Revised Code that	1033
amendments are to be harmonized if reasonably capable of	1034
simultaneous operation, finds that the following section,	1035
presented in this act as the composite of the sections as amended	1036
by the acts indicated, is the resulting version of the section in	1037
effect prior to the effective date of the section as presented in	1038
this act:	1039

Section 3509.05 of the Revised Code as amended by both Am.	1040
Sub. H.B. 350 and Am. Sub. H.B. 562 of the 127th General	1041
Assembly.	1042