Bill Summary – FastDemocracy

OHIO LEGISLATIVE SERVICE COMMISSION
                                             Office of Research                             Legislative Budget
         www.lsc.ohio.gov                      and Drafting                                       Office
                            H.B. 546                              Bill Analysis
                  135th   General Assembly
                                                                   Click here for H.B. 546’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Gross
Effective date:
S. Ben Fogle, Attorney
                                                        SUMMARY
                     Requires all ballots in Ohio to have a unique, identifying watermark.
                     Requires election officials to deem a ballot fraudulent, and not count it, if the ballot has
                          an absent or incorrect watermark.
                     Prohibits an absent voter’s ballot from being accepted or counted if the election officials
                          determine, based on the watermark, that the ballot is not the ballot that was issued to
                          the elector.
                                               DETAILED ANALYSIS
Unique and identifying ballot watermarks
         The bill requires all ballots in Ohio, whether absent voter’s ballots or election day
ballots, to have a watermark that allows election officials to ascertain that the ballot is genuine,
and that the ballot is the same ballot that was issued to the voter who cast the ballot. Each
watermark must be unique to each voter, and must identify the ballot as a genuine Ohio
ballot.1
        The bill defines a “watermark” as a unique, randomly assigned identifying image,
pattern, or alphanumeric code that is placed upon, or embedded within, a paper ballot, that is
not visible to the unassisted human eye, and that becomes visible to election officials through
the use of an alternate light source or other technology.2
1                 R.C. 3506.022.
2                 R.C. 3506.01(I).
                                                                                                           May 22, 2024
Office of Research and Drafting                LSC                            Legislative Budget Office
         If an election official finds that a ballot is missing a watermark, or that the ballot’s
watermark does not match the watermarked ballot that was originally issued to the elector, the
ballot is deemed fraudulent. Under continuing law, when a ballot is deemed fraudulent, it is not
counted, and placed in an envelope marked “Not Counted,” which is delivered to the boards of
elections.3
       For absent voter’s ballots, an election official must not count the ballot if the ballot has
a watermark other than the watermark originally issued to the elector.4
                                        HISTORY
                             Action                                         Date
Introduced                                                05-15-24
ANHB0546IN-135/ts
3   R.C. 3505.28.
4   R.C. 3509.07(F).
P a g e |2                                                                                   H.B. 546
                                                                                        As Introduced
Statutes affected: 
As Introduced: 3505.28, 3506.01, 3509.07