As Introduced
135th General Assembly
Regular Session S. B. No. 274
2023-2024
Senators Gavarone, Brenner
A BILL
To amend sections 111.26, 111.44, 3501.01, 3501.05, 1
3501.11, 3501.17, 3501.22, 3501.30, 3503.01, 2
3503.07, 3503.09, 3503.10, 3503.11, 3503.13, 3
3503.14, 3503.15, 3503.151, 3503.153, 3503.16, 4
3503.19, 3503.20, 3503.21, 3503.24, 3503.26, 5
3503.28, 3503.29, 3503.33, 3505.18, 3505.181, 6
3505.182, 3505.183, 3505.19, 3505.20, 3506.01, 7
3506.03, 3506.04, 3506.05, 3506.06, 3506.07, 8
3506.08, 3506.09, 3506.10, 3506.15, 3506.23, 9
3509.02, 3509.03, 3509.04, 3509.05, 3509.06, 10
3509.07, 3509.08, 3509.09, 3511.02, 3511.04, 11
3511.05, 3511.09, 3511.11, 3513.18, 3513.19, 12
3599.12, and 4507.53; to amend, for the purpose 13
of adopting a new section number as indicated in 14
parentheses, section 3503.153 (3503.155); to 15
enact new sections 3503.152 and 3503.153 and 16
sections 3503.154, 3503.201, 3503.231, 3506.022, 17
3506.051, 3506.052, 3506.053, 3506.054, 18
3506.101, and 3506.141; and to repeal sections 19
3503.111, 3503.152, 3503.18, 3505.22, 3506.021, 20
3506.24, 3511.12, 3511.13, and 3513.20 of the 21
Revised Code to make changes to the Election Law 22
related to voter registration, voting, and the 23
certification of voting systems. 24
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As Introduced
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 111.26, 111.44, 3501.01, 3501.05, 25
3501.11, 3501.17, 3501.22, 3501.30, 3503.01, 3503.07, 3503.09, 26
3503.10, 3503.11, 3503.13, 3503.14, 3503.15, 3503.151, 3503.153, 27
3503.16, 3503.19, 3503.20, 3503.21, 3503.24, 3503.26, 3503.28, 28
3503.29, 3503.33, 3505.18, 3505.181, 3505.182, 3505.183, 29
3505.19, 3505.20, 3506.01, 3506.03, 3506.04, 3506.05, 3506.06, 30
3506.07, 3506.08, 3506.09, 3506.10, 3506.15, 3506.23, 3509.02, 31
3509.03, 3509.04, 3509.05, 3509.06, 3509.07, 3509.08, 3509.09, 32
3511.02, 3511.04, 3511.05, 3511.09, 3511.11, 3513.18, 3513.19, 33
3599.12, and 4507.53 be amended; section 3503.153 (3503.155) be 34
amended for the purpose of adopting a new section number as 35
indicated in parentheses; and new sections 3503.152 and 3503.153 36
and sections 3503.154, 3503.201, 3503.231, 3506.022, 3506.051, 37
3506.052, 3506.053, 3506.054, 3506.101, and 3506.141 of the 38
Revised Code be enacted to read as follows: 39
Sec. 111.26. (A) It is hereby declared to be a public 40
purpose and function of the state to facilitate the conduct of 41
elections by assisting boards of elections in acquiring state 42
capital facilities consisting of voting machines, marking 43
devices, and automatic tabulating equipment certified for use in 44
this state under section 3506.05 of the Revised Code. Those 45
voting machines, marking devices, and automatic tabulating 46
equipment are designated as capital facilities under Chapter 47
154. of the Revised Code. The treasurer of state is authorized 48
to issue revenue obligations under section 154.24 of the Revised 49
Code to pay all or part of the cost of those state capital 50
facilities as are designated by law. 51
Boards of elections, due to their responsibilities related 52
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As Introduced
to the proper conduct of elections under state law, are 53
designated as state agencies having jurisdiction over those 54
state capital facilities financed in part pursuant to this 55
section and Chapter 154. of the Revised Code. It is hereby 56
determined and declared that voting machines, marking devices, 57
and automatic tabulating equipment financed in part under this 58
section are for the purpose of housing agencies of state 59
government, their functions and equipment. 60
(B) A county shall contribute to the cost of capital 61
facilities authorized under this section as provided below. 62
(C) Any lease of capital facilities authorized by this 63
section, the rentals of which are payable in whole or in part 64
from appropriations made by the general assembly, is governed by 65
Chapter 154. of the Revised Code. Such rentals constitute 66
available receipts as defined in section 154.24 of the Revised 67
Code and may be pledged for the payment of bond service charges 68
as provided in Chapter 154. of the Revised Code. 69
(D) The county voting machine revolving lease/loan fund is 70
hereby created in the state treasury. The fund shall consist of 71
the net proceeds of obligations issued under Chapter 154. of the 72
Revised Code to finance a portion of those state capital 73
facilities described in division (A) of this section, as needed 74
to ensure sufficient moneys to support appropriations from the 75
fund. Lease payments from counties made for those capital 76
facilities financed in part from the fund and interest earnings 77
on the balance in the fund shall be credited to the fund. The 78
fund shall also receive any other authorized transfers of cash. 79
Moneys in the fund shall be used for the purpose of acquiring a 80
portion of additional capital facilities described in division 81
(A) of this section at the request of the applicable board of 82
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As Introduced
elections. 83
Participation in the fund by a board of county 84
commissioners shall be voluntary. 85
The secretary of state shall administer the county voting 86
machine revolving lease/loan fund in accordance with this 87
section and shall enter into any lease or other agreement with 88
the department of administrative services, the Ohio public 89
facilities commission, or any board of elections necessary or 90
appropriate to accomplish the purposes of this section. 91
(E) Acquisitions made under this section shall provide not 92
more than fifty per cent of the estimated total cost of a board 93
of county commissioners' purchase of voting machines, marking 94
devices, and automatic tabulating equipment. 95
The secretary of state shall adopt rules for the 96
implementation of the acquisition and revolving lease/loan 97
program established under this section, which rules shall 98
require that the secretary of state approve any acquisition of 99
voting machines, marking devices, and automatic tabulating 100
equipment using money made available under this section. An 101
acquisition for any one board of county commissioners shall not 102
exceed five million dollars and shall be made only for voting 103
machines, marking devices, and automatic tabulating equipment 104
purchased on or after March 31, 2008. Any costs incurred on or 105
after January 1, 2008, may be considered as the county cost 106
percentage for the purpose of an acquisition made under this 107
section. 108
Counties shall lease from the secretary of state the 109
capital facilities financed in part from the county voting 110
machine revolving lease/loan fund and may enter into any 111
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As Introduced
agreements required under the applicable bond proceedings. All 112
voting machines, marking devices, and automatic tabulating 113
equipment purchased through this fund shall remain the property 114
of the state until all payments under the applicable county 115
lease have been made at which time ownership shall transfer to 116
the county. Costs associated with the maintenance, repair, and 117
operation of the voting machines, marking devices, and automatic 118
tabulating equipment purchased under this section shall be the 119
responsibility of the participating boards of elections and 120
boards of county commissioners. 121
Such lease may obligate the counties, as using state 122
agencies under Chapter 154. of the Revised Code, to operate the 123
capital facilities for such period of time as may be specified 124
by law and to pay such rent as the secretary of state determines 125
to be appropriate. Notwithstanding any other provision of the 126
Revised Code to the contrary, any county may enter into such a 127
lease, and any such lease is legally sufficient to obligate the 128
county for the term stated in the lease. Any such lease 129
constitutes an agreement described in division (D) of section 130
154.06 of the Revised Code. 131
(F) As used in this section: 132
(1) "Automatic , "automatic tabulating equipment," 133
"marking device," and "voting machine" have the same meanings as 134
in section 3506.01 of the Revised Code. 135
(2) "Equipment" has the same meaning as in section 3506.05 136
of the Revised Code. 137
Sec. 111.44. (A) A program participant who is eligible to 138
vote may apply to the board of elections of the county in which 139
the program participant resides to request that the program 140
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As Introduced
participant's voter registration record be kept confidential. 141
The program participant shall submit an application to the 142
director of the board of elections, on a form prescribed by the 143
secretary of state, that includes all of the following: 144
(1) The information required under section 3503.14 of the 145
Revised Code to register to vote; 146
(2) The program participant's program participant 147
identification number; 148
(3) If the program participant is currently registered to 149
vote at another address, the address at which the program 150
participant is registered to vote and a statement that, if the 151
program participant is registered in another county or state, 152
the program participant authorizes the director to instruct the 153
appropriate authority to cancel the program participant's 154
existing voter registration; 155
(4) A statement that the program participant understands 156
all of the following: 157
(a) That during the time the program participant chooses 158
to have a confidential voter registration record, the program 159
participant may vote only by absent voter's ballots; 160
(b) That the program participant may provide the program 161
participant's program participant identification number instead 162
of the program participant's residence address on an application 163
for absent voter's ballots or on an absent voter's ballot 164
identification envelope statement of voter; 165
(c) That casting any ballot in person will reveal the 166
program participant's precinct and residence address to precinct 167
election officials and employees of the board of elections and 168
may reveal the program participant's precinct or residence 169
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As Introduced
address to members of the public; 170
(d) That if the program participant signs an election 171
petition, the program participant's residence address will be 172
made available to the public. 173
(B)(1) A program participant who is not currently 174
registered to vote in this state must submit an application 175
under this section not later than the thirtieth day before the 176
day of an election in order to be eligible to vote in that 177
election, as provided in sections 3503.01 and 3503.19 of the 178
Revised Code. 179
(2) A program participant who is currently registered to 180
vote in this state may submit an application under this section 181
at any time to request that the program participant's voter 182
registration record be kept confidential. 183
(C) Upon the receipt by the director of the board of 184
elections of a valid receiving an application under division (A) 185
of this section, the director or the deputy director of the 186
board of elections shall treat the application as the program 187
participant's voter registration form and process it in 188
accordance with section 3503.201 of the Revised Code, except 189
that the director or deputy director shall do all of the 190
following shall apply: 191
(1) The director or the deputy director shall contact 192
Contact the secretary of state to confirm that the program 193
participant identification number provided on the application 194
matches the number the secretary of state issued to the program 195
participant.; 196
(2) The application shall be treated as the program 197
participant's voter registration form. The Store the form shall 198
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be stored in a secure manner, such that only the members of the 199
board of elections, the director, and the deputy director have 200
access to the form and to the residence address contained in the 201
form.; 202
(3) The director or the deputy director shall record 203
Record the program participant's program participant 204
identification number in the statewide voter registration 205
database and the official registration list instead of the 206
program participant's residence address and precinct.; 207
(4) If the program participant is currently registered to 208
vote in the county, the director or the deputy director shall do 209
all of the following: 210
(a) Remove the residence address and precinct information 211
from the program participant's voter registration record, the 212
statewide voter registration database, and the official 213
registration list; 214
(b) Remove the program participant's name and registration 215
information from any pollbook, poll list, or signature pollbook 216
in which it appears and from any publicly available registration 217
list in which it appears. 218
(5) If the program participant is currently registered to 219
vote in another county, the director or the deputy director 220
shall notify the board of elections of the county in which the 221