As Introduced
135th General Assembly
Regular Session S. B. No. 319
2023-2024
Senator Antani
A BILL
To amend sections 3501.01, 3503.01, 3503.06, 1
3503.13, 3503.14, 3503.15, 3503.151, 3503.152, 2
3503.153, 3503.16, 3503.19, 3503.21, 3505.18, 3
3505.181, 3505.182, 3505.183, 3505.20, 3509.04, 4
3509.05, 3509.06, 3509.07, 3509.08, 3511.04, 5
3511.05, 3511.09, 3511.14, and 3511.16 and to 6
enact section 3503.201 of the Revised Code to 7
require proof of citizenship to register to vote 8
or to update a voter registration and to 9
designate an elector who registers on a federal 10
form without providing proof of citizenship as a 11
federal-only voter. 12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.01, 3503.01, 3503.06, 13
3503.13, 3503.14, 3503.15, 3503.151, 3503.152, 3503.153, 14
3503.16, 3503.19, 3503.21, 3505.18, 3505.181, 3505.182, 15
3505.183, 3505.20, 3509.04, 3509.05, 3509.06, 3509.07, 3509.08, 16
3511.04, 3511.05, 3511.09, 3511.14, and 3511.16 be amended and 17
section 3503.201 of the Revised Code be enacted to read as 18
follows: 19
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As Introduced
Sec. 3501.01. As used in the sections of the Revised Code 20
relating to elections and political communications: 21
(A) "General election" means the election held on the 22
first Tuesday after the first Monday in each November. 23
(B) "Regular municipal election" means the election held 24
on the first Tuesday after the first Monday in November in each 25
odd-numbered year. 26
(C) "Regular state election" means the election held on 27
the first Tuesday after the first Monday in November in each 28
even-numbered year. 29
(D) "Special election" means any election other than those 30
elections defined in other divisions of this section. A special 31
election may be held only on the first Tuesday after the first 32
Monday in May or November, on the first Tuesday after the first 33
Monday in August in accordance with section 3501.022 of the 34
Revised Code, or on the day authorized by a particular municipal 35
or county charter for the holding of a primary election, except 36
that in any year in which a presidential primary election is 37
held, no special election shall be held in May, except as 38
authorized by a municipal or county charter, but may be held on 39
the third Tuesday after the first Monday in March. 40
(E)(1) "Primary" or "primary election" means an election 41
held for the purpose of nominating persons as candidates of 42
political parties for election to offices, and for the purpose 43
of electing persons as members of the controlling committees of 44
political parties and as delegates and alternates to the 45
conventions of political parties. Primary elections shall be 46
held on the first Tuesday after the first Monday in May of each 47
year except in years in which a presidential primary election is 48
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As Introduced
held. 49
(2) "Presidential primary election" means a primary 50
election as defined by division (E)(1) of this section at which 51
an election is held for the purpose of choosing delegates and 52
alternates to the national conventions of the major political 53
parties pursuant to section 3513.12 of the Revised Code. Unless 54
otherwise specified, presidential primary elections are included 55
in references to primary elections. In years in which a 56
presidential primary election is held, all primary elections 57
shall be held on the third Tuesday after the first Monday in 58
March except as otherwise authorized by a municipal or county 59
charter. 60
(F) "Political party" means any group of voters meeting 61
the requirements set forth in section 3517.01 of the Revised 62
Code for the formation and existence of a political party. 63
(1) "Major political party" means any political party 64
organized under the laws of this state whose candidate for 65
governor or nominees for presidential electors received not less 66
than twenty per cent of the total vote cast for such office at 67
the most recent regular state election. 68
(2) "Minor political party" means any political party 69
organized under the laws of this state that meets either of the 70
following requirements: 71
(a) Except as otherwise provided in this division, the 72
political party's candidate for governor or nominees for 73
presidential electors received less than twenty per cent but not 74
less than three per cent of the total vote cast for such office 75
at the most recent regular state election. A political party 76
that meets the requirements of this division remains a political 77
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As Introduced
party for a period of four years after meeting those 78
requirements. 79
(b) The political party has filed with the secretary of 80
state, subsequent to its failure to meet the requirements of 81
division (F)(2)(a) of this section, a petition that meets the 82
requirements of section 3517.01 of the Revised Code. 83
A newly formed political party shall be known as a minor 84
political party until the time of the first election for 85
governor or president which occurs not less than twelve months 86
subsequent to the formation of such party, after which election 87
the status of such party shall be determined by the vote for the 88
office of governor or president. 89
(G) "Dominant party in a precinct" or "dominant political 90
party in a precinct" means that political party whose candidate 91
for election to the office of governor at the most recent 92
regular state election at which a governor was elected received 93
more votes than any other person received for election to that 94
office in such precinct at such election. 95
(H) "Candidate" means any qualified person certified in 96
accordance with the provisions of the Revised Code for placement 97
on the official ballot of a primary, general, or special 98
election to be held in this state, or any qualified person who 99
claims to be a write-in candidate, or who knowingly assents to 100
being represented as a write-in candidate by another at either a 101
primary, general, or special election to be held in this state. 102
(I) "Independent candidate" means any candidate who claims 103
not to be affiliated with a political party, and whose name has 104
been certified on the office-type ballot at a general or special 105
election through the filing of a statement of candidacy and 106
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nominating petition, as prescribed in section 3513.257 of the 107
Revised Code. 108
(J) "Nonpartisan candidate" means any candidate whose name 109
is required, pursuant to section 3505.04 of the Revised Code, to 110
be listed on the nonpartisan ballot, including all candidates 111
for judge of a municipal court, county court, or court of common 112
pleas, for member of any board of education, for municipal or 113
township offices in which primary elections are not held for 114
nominating candidates by political parties, and for offices of 115
municipal corporations having charters that provide for separate 116
ballots for elections for these offices. 117
(K) "Party candidate" means any candidate who claims to be 118
a member of a political party and who has been certified to 119
appear on the office-type ballot at a general or special 120
election as the nominee of a political party because the 121
candidate has won the primary election of the candidate's party 122
for the public office the candidate seeks, has been nominated 123
under section 3517.012, or is selected by party committee in 124
accordance with section 3513.31 of the Revised Code. 125
(L) "Officer of a political party" includes, but is not 126
limited to, any member, elected or appointed, of a controlling 127
committee, whether representing the territory of the state, a 128
district therein, a county, township, a city, a ward, a 129
precinct, or other territory, of a major or minor political 130
party. 131
(M) "Question or issue" means any question or issue 132
certified in accordance with the Revised Code for placement on 133
an official ballot at a general or special election to be held 134
in this state. 135
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(N) "Elector" or "qualified elector" means a person having 136
the qualifications provided by law to be entitled to vote. 137
(O) "Voter" means an elector who votes at an election. 138
(P) "Voting residence" means that place of residence of an 139
elector which shall determine the precinct in which the elector 140
may vote. 141
(Q) "Precinct" means a district within a county 142
established by the board of elections of such county within 143
which all qualified electors having a voting residence therein 144
may vote at the same polling place. 145
(R) "Polling place" means that place provided for each 146
precinct at which the electors having a voting residence in such 147
precinct may vote. 148
(S) "Board" or "board of elections" means the board of 149
elections appointed in a county pursuant to section 3501.06 of 150
the Revised Code. 151
(T) "Political subdivision" means a county, township, 152
city, village, or school district. 153
(U) "Election officer" or "election official" means any of 154
the following: 155
(1) Secretary of state; 156
(2) Employees of the secretary of state serving the 157
division of elections in the capacity of attorney, 158
administrative officer, administrative assistant, elections 159
administrator, office manager, or clerical supervisor; 160
(3) Director of a board of elections; 161
(4) Deputy director of a board of elections; 162
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(5) Member of a board of elections; 163
(6) Employees of a board of elections; 164
(7) Precinct election officials; 165
(8) Employees appointed by the boards of elections on a 166
temporary or part-time basis. 167
(V) "Acknowledgment notice" means a notice sent by a board 168
of elections, on a form prescribed by the secretary of state, 169
informing a voter registration applicant or an applicant who 170
wishes to change the applicant's residence or name of the status 171
of the application; the information necessary to complete or 172
update the application, if any; and if the application is 173
complete, the precinct in which the applicant is to vote. 174
(W) "Confirmation notice" means a notice sent by a board 175
of elections, on a form prescribed by the secretary of state, to 176
a registered elector to confirm the registered elector's current 177
address. 178
(X) "Designated agency" means an office or agency in the 179
state that provides public assistance or that provides state- 180
funded programs primarily engaged in providing services to 181
persons with disabilities and that is required by the National 182
Voter Registration Act of 1993 to implement a program designed 183
and administered by the secretary of state for registering 184
voters, or any other public or government office or agency that 185
implements a program designed and administered by the secretary 186
of state for registering voters, including the department of job 187
and family services, the program administered under section 188
3701.132 of the Revised Code by the department of health, the 189
department of mental health and addiction services, the 190
department of developmental disabilities, the opportunities for 191
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Ohioans with disabilities agency, and any other agency the 192
secretary of state designates. "Designated agency" does not 193
include public high schools and vocational schools, public 194
libraries, or the office of a county treasurer. 195
(Y) "National Voter Registration Act of 1993" means the 196
"National Voter Registration Act of 1993," 107 Stat. 77, 42 197
U.S.C.A. 1973gg. 198
(Z) "Voting Rights Act of 1965" means the "Voting Rights 199
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended. 200
(AA)(1) "Photo identification" means one of the following 201
documents that includes the individual's name and photograph and 202
is not expired: 203
(a) An Ohio driver's license, state identification card, 204
or interim identification form issued by the registrar of motor 205
vehicles or a deputy registrar under Chapter 4506. or 4507. of 206
the Revised Code; 207
(b) A United States passport or passport card; 208
(c) A United States military identification card, Ohio 209
national guard identification card, or United States department 210
of veterans affairs identification card. 211
(2) A "copy" of an individual's photo identification means 212
images of both the front and back of a document described in 213
division (AA)(1) of this section, except that if the document is 214
a United States passport, a copy of the photo identification 215
means an image of the passport's identification page that 216
includes the individual's name, photograph, and other 217
identifying information and the passport's expiration date. 218
(BB) "Driver's license" means a license or permit issued 219
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