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Bill Analysis

Legislative Service Commission

Am. Sub. H.B. 3
126th General Assembly
(As Passed by the Senate)
TABLE OF CONTENTS
Overview.. 2
Voter registration. 3 Statewide voter registration database. 8
Mailed notification of general elections. 9
Publication of notice of elections. 9
Board of elections' web sites. 10
Voting at locations other than a board of elections or a precinct polling place. 10
Use of an attorney in fact by disabled voters. 11
Voter identification and the meaning of "photo identification" 12
Precinct voting location guide. 14
Challenges of registered voters. 14
Use of observers. 15
Provisional ballots. 15
Absent voter's ballots and armed service absent voter's ballots. 20
Recounts. 20
Election calendars. 21
Nomination and election of municipal court candidates. 21
Secretary of State election instructions and publications. 21
Prohibitions against the Secretary of State and the Attorney General serving
in certain capacities
. 22

Voting machines, marking devices, and automatic tabulating equipment 22
Duplicate candidacy prohibitions. 24
Offenses concerning declarations of candidacy and petitions, declarations of
intent to be a write-in candidate, nominating petitions, and other petitions
. 24

Interference with elections. 25
Campaigning near the line of waiting voters. 25
Private cause of action for "harassment in violation of the Election Law" 25
Attorney General's authority to commence criminal actions for election fraud. 26
Initiative and referendum petitions. 27 Prohibitions applicable to convicted felons. 31
Notice of intent to retire for candidates. 31
Federal election contests. 32
Completion of the canvass. 32
Campaign Finance Law matters. 32 Miscellaneous changes. 35
Severability provision. 36


BILL SUMMARY
Overview
The bill makes numerous modifications and additions to the statutes contained in the Election Law (Revised Code Title XXXV) and changes to certain other election-related statutes dealing with the following topics:  voter registration; the statewide voter registration database; mailed notification of general elections; publication of notice of elections; boards of elections' web sites; voting at locations other than a board of elections or a precinct polling place; the use of an attorney in fact by a disabled voter; voter identification and the meaning of "photo identification" for purposes of the Election Law; the use of precinct voting location guides; challenges of registered voters; the use of observers; provisional ballots; absent voter's ballots and armed service absent voter's ballots; recounts; election calendars; the nomination and election of municipal court candidates (judges and certain clerks); Secretary of State election instructions and publications; prohibitions against the Secretary of State and the Attorney General serving in certain capacities; voting machines, marking devices, and automatic tabulating equipment; duplicate candidacy prohibitions; offenses concerning declarations of candidacy and petitions, declarations of intent to be a write-in candidate, nominating petitions, and other petitions; interference with elections; campaigning near the line of waiting voters; a private cause of action for "harassment in violation of the Election Law"; the Attorney General's authority to commence criminal actions for election fraud; initiative and referendum petitions; prohibitions applicable to convicted felons; the notice of intent to retire for candidates; federal election contests; completion of the canvass; and Campaign Finance Law matters.  It also makes miscellaneous modifications or additions in the Election Law related to voting information posting at polling places, the posting of certain information on the Ohio Elections Commission's web site, inappropriate references to the declaration of intent to be a write-in candidate, the names of certain offenses, and other matters.  Each of the topics mentioned above is summarized in this analysis in a detailed "dot point" and tabular fashion along with citations to the relevant codified or uncodified statutes.
Voter registration
Voter registration forms

Return and processing of voter registration applications Official registration lists Cancellation of voter registration Miscellaneous Statewide voter registration database Mailed notification of general elections Publication of notice of elections Board of elections' web sites Voting at locations other than a board of elections or a precinct polling place Use of an attorney in fact by disabled voters Voter identification and the meaning of "photo identification" Precinct voting location guide Challenges of registered voters Use of observers Provisional ballots
INDIVIDUAL WHO MAY VOTE A PROVISIONAL BALLOT

STATUTORY CITATION
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.R.C. 3505.181(A)(1).
An individual who appears at the polling place to vote and who has but is unable to provide to precinct election officials any of specified forms of identification, but does provide those officials with the last four digits of his or her Social Security number (SSN).R.C. 3505.18(A)(2) and 3505.181(A)(2).
An individual who appears at the polling place to vote, who has but is unable to provide to precinct election officials any of specified forms of identification, and who has a SSN but is unable to provide the last four digits of his or her SSN.  This individual is one who has some form of the identification or an SSN, but, for example, the individual does not have the identification with him or her at the polling place or does not remember his or her SSN at the polling place.R.C. 3505.18(A)(3) and 3505.181(A)(3).
An individual who appears at the polling place to vote and who does not have any of specified forms of identification to provide to the precinct election 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.R.C. 3505.18(A)(4) and 3505.181(A)(4).
An individual who appears at the polling place to vote and who does not have any of specified forms of identification to provide to the precinct election officials, who cannot provide the last four digits of an SSN because he or she does not have an SSN, and who declines to execute an affirmation that so indicates.R.C. 3505.18(A)(5) and 3505.181(A)(13).
An individual who appears at the polling place to vote and who has but declines to provide any of specified forms of identification or who has a SSN but declines to provide the last four digits of that SSN.R.C. 3505.18(A)(6) and 3505.181(A)(14).
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.  In this category, the director of the board of elections may or may not have received a sealed identification envelope purporting to contain the individual's voted absent voter's ballots or armed service absent voter's ballots.R.C. 3505.181(A)(5), 3509.09(B), and 3511.13(B).
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 pollbook has been marked.R.C. 3503.19(C)(2) and 3505.181(A)(6).
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.  These challenges may relate to citizenship, whether the individual has resided in Ohio for 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.R.C. 3505.181(A)(7) and 3505.20.
An individual whose application or challenge hearing has been postponed by the board of elections under specified circumstances until after the day of an election.  The context is that an application has been submitted at least 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 20 days before an election.R.C. 3503.24(D)(1) and 3505.181(A)(8).
An individual whose notice of election 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 pollbook has been marked.  The context is that, pursuant to a requirement the bill adds, a board of elections has sent, by nonforwardable mail on the 60th day preceding a general election in an even-numbered year, a specified notice (the day of the election, the location of the relevant polling place, and a requisite voter identification or SSN information reminder) to each elector who is registered to vote in a precinct in which the election will be conducted.R.C. 3501.19(B) and 3505.181(A)(9).
An individual who changes the individual's name and remains in 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 signs the requisite forms and statements.  Some of these individuals may vote a provisional ballot at the polling place on the day of election or, if they so choose, before the day of an election and within specified time periods, at the office of the board of elections or another location in the county designated by the board of elections instead of at the board's office.R.C. 3503.16(B)(1)(b) and (2) and (C), and 3505.181(A)(10).
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 that a person is impersonating an elector, questions the person as to his or her right to vote, and requires the person to sign his or her name on a card, and the majority of the precinct officers then make the above-mentioned decision.R.C. 3505.181(A)(11) and 3505.22.
An individual who is challenged, who refuses to make the required statement under penalty of election falsification, and who a majority of the precinct officials finds lacks 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.R.C. 3505.181(A)(12) and 3513.20.
Absent voter's ballots and armed service absent voter's ballots Recounts Election calendars Nomination and election of municipal court candidates Secretary of State election instructions and publications Prohibitions against the Secretary of State and the Attorney General serving in certain capacities Voting machines, marking devices, and automatic tabulating equipment Duplicate candidacy prohibitions Offenses concerning declarations of candidacy and petitions, declarations of intent to be a write-in candidate, nominating petitions, and other petitions Interference with elections Campaigning near the line of waiting voters Private cause of action for "harassment in violation of the Election Law" Attorney General's authority to commence criminal actions for election fraud Initiative and referendum petitions[5]
Initiative petitions must contain only one proposal Certification and approval process:  initiative petition and its summary Challenges to the Attorney General's certification decisions re:  an initiative or referendum petition summary Estimate of annual expenditure of public funds proposed, and estimate of annual yield of proposed taxes Form of petition Signature, and circulator and signer residency, requirements Deadlines for submission of arguments or explanations Deadline for certification of ballot language Posting of information on the Secretary of State's web site Prohibitions applicable to convicted felons Notice of intent to retire for candidates Federal election contests Completion of the canvass Campaign Finance Law matters
Definition changes Multi-beneficiary campaign committees Filing requirements Campaign finance statements for initiative and referendum petitions Contribution prohibitions and requirements Miscellaneous changes Severability provision COMMENT
The bill contains the following technical flaws that the Conference Committee can remedy by amendment:
(1) R.C. 3501.38, line 3586--delete "resident" and insert "residence";
(2) R.C. 3503.16 and 3505.18, lines 4182 and 4997 respectively--delete "number";
(3) R.C. 3599.11(B)(2), line 11713--correct the spelling of "registration".
HISTORY

ACTIONDATE
    Introduced
01-24-05
    Reported, H. Elections
    & Ethics

05-12-05
    Passed House (70-29)
05-17-05
    Reported, S. Rules
12-08-05
    Passed Senate (21-11)
12-13-05
    House refuses to concur in Senate amendments (0-93)

12-14-05


h0003-ps-126.doc/kl




* The names of Representatives Brown and Trakas appeared as sponsors in the As Passed by the Senate version of the bill, but were removed on 12/14/05 when the House of Representatives refused to concur in the Senate's amendments.
[1] Section 514.03 of Am. Sub. H.B. 66 of the 126th General Assembly created a formula that the Secretary of State must use in establishing the minimum number of machines that a county must acquire if it selects DRE voting machines as its primary voting system and purchases those machines using funds provided under the Help America Vote Act of 2002.  The bill provides that, if a county selects DRE voting machines as the primary voting system to be used in the county after the bill's effective date but before 2013, it must purchase the minimum number of machines as established by the Secretary of State pursuant to that original formula (R.C. 3506.22(C)).
[2] The prohibitions against duplicate candidacy were recently enacted in Am. Sub. H.B. 66 of the 126th General Assembly and took effect on September 29, 2005.  Thus, the prohibitions proposed by the bill are current law.  The bill strikes through these provisions of current law and then reenacts them.
[3] See Footnote 2.
[4] R.C. 3599.42 (not in, but cross-referenced in, the bill) states that a violation of any provision of the Election Law "constitutes a prima-facie case of fraud within the purview" of the Election Law.  The authority conferred by the bill upon the Attorney General, then, is for certain types of election fraud and not for every potential type of election fraud.
[5] Section 5 of the bill indicates that many of the initiative or referendum petition provisions discussed below do not affect any such petition already filed with the Attorney General's office on the bill's effective date.
[6] Section 6 of the bill states that the amendments made by the bill to R.C. 3503.06 are intended to clarify that Ohio law requires the circulators of initiative and referendum petitions to be residents of the state and that the amendments must not be construed to mean that Ohio law did not require, prior to the bill's effective date, circulators to be residents of the state.