OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 320 Bill Analysis
134th General Assembly
Click here for S.B. 320’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen. Gavarone
Effective Date:
Emily E. Wendel, Attorney
SUMMARY
Requires photo identification (ID) to vote in person or by mail, except by provisional
ballot.
Photo ID definition
Defines photo ID to include only an Ohio driver’s license, commercial driver’s license, or
state ID card (DL/ID).
Specifies that, if a person’s Ohio DL/ID does not include the person’s current address,
the person also must provide separate proof of current address.
Allows a person to provide an expired Ohio DL/ID only if it is accompanied by a military
ID.
Election Day voting
Requires an in-person voter on Election Day to provide photo ID, as defined above.
Clarifies that an in-person voter must sign the person’s name in the pollbook, as
opposed to writing the person’s name and address in the pollbook.
Allows a person who does not provide photo ID to cast a provisional ballot.
Requires a provisional voter, in order for the ballot to be eligible to be counted, to
provide photo ID, the person’s Ohio DL/ID card number, or the last four digits of the
person’s Social Security number (SSN).
Absent voting
Requires a person who casts absent voter’s ballots in person at the board of elections to
provide photo ID in the same manner as an elector voting on Election Day.
Allows an in-person absent voter who does not provide photo ID to cast a provisional
ballot and provide ID as described above.
May 23, 2022
Office of Research and Drafting LSC Legislative Budget Office
Clarifies that an in-person absent voter is not required to complete a written application
for absent voter’s ballots.
Requires a person who casts absent voter’s ballots by mail to provide two forms of ID on
the application for absent voter’s ballots and on the ID envelope statement of voter:
The person’s Ohio DL/ID number or a copy of the front and back of the person’s
photo ID;
The last four digits of the person’s SSN.
Specifies that a disabled or confined person who has absent voter’s ballots personally
delivered by a bipartisan pair of election officials is considered to have voted by mail for
purposes of the ID requirement.
Changes numerous references in the law governing absent voting to refer to a board of
elections receiving, sending, and processing applications and ballots, rather than the
director of the board performing those functions.
Clarification regarding state ID cards
Clarifies that in every context where an elector currently may provide the elector’s
driver’s license number as identification, the elector instead may provide the elector’s
state ID card number.
Free state ID cards
Authorizes any person 17 and over who applies for and receives a state ID card from the
Bureau of Motor Vehicles to receive it for free.
Establishes a process for the Registrar of Motor Vehicles to reimburse a deputy registrar
for the fees the deputy registrar would have charged for the state ID card.
DETAILED ANALYSIS
In general, the bill requires photo identification (ID) to vote in person or by mail, and
defines photo ID to include only an Ohio driver’s license or state ID card (DL/ID). A person who
does not have photo ID that complies with the bill may cast a provisional ballot using the last
four digits of the person’s Social Security number (SSN). The bill does not change the current ID
requirements for voter registration, meaning that a person still can register to vote using an
alternative form of ID, such as a utility bill or the last four digits of the person’s SSN.
The following table summarizes the changes the bill makes to Ohio’s voter ID
requirements. Each of these changes are discussed below in detail.
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Register Election Day In-person Absent voting by Provisional
to vote voting absent voting mail ballot
Form of voter
ID
No S.B. S.B. S.B. S.B.
Now Now Now Now
change 320 320 320 320
Ohio DL/ID with
current address
Ohio DL/ID with
former address * * * *
Expired Ohio
DL/ID with
current address
† † † †
Expired Ohio
DL/ID with
former address
‡ ‡ ‡ ‡
Military ID
Utility bill, bank
statement,
government
check,
paycheck, or
other
government
document with
current address
Ohio DL/ID
number Must
have
both
Last four digits
of SSN
Photo ID definition
The bill defines photo ID as one of the following documents or combinations of
documents that includes the person’s name, photograph, and current address:
A valid (unexpired) Ohio driver’s license, commercial driver’s license, or state ID card
(DL/ID) with the person’s current address;
*Acceptable with separate proof of current address in the form of a current utility bill, bank statement,
government check, paycheck, or other government document, other than a notice of voter registration.
† Acceptable when accompanied by a military ID.
‡ Acceptable when accompanied by a military ID and separate proof of current address in the form of a
current utility bill, bank statement, government check, paycheck, or other government document, other
than a notice of voter registration.
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A valid (unexpired) Ohio DL/ID with the person’s former address, if it is accompanied by
separate proof of current address in the form of a copy of a current utility bill, bank
statement, government check, paycheck, or other government document, other than a
notice of voter registration;
An expired Ohio DL/ID with the person’s current address, if is accompanied by a military
ID;
An expired Ohio DL/ID with the person’s former address, if it is accompanied by a
military ID and separate proof of current address in the form of a copy of a current
utility bill, bank statement, government check, paycheck, or other government
document, other than a notice of voter registration.
Current law defines photo ID as an unexpired document that is issued by Ohio or the
U.S. government and that shows the person’s name, photograph, and current address, except
that an Ohio DL/ID may include the person’s former address with no requirement to show
separate proof of current address. It appears that an Ohio DL/ID is the only commonly issued
form of ID that meets that description. As is explained below, however, a person who does not
have photo ID currently may provide an alternative form of ID.1
Election Day voting
Regular ballot
When a person appears to vote in person on Election Day, the bill requires the person to
provide photo ID, as defined above. The bill eliminates the option to provide alternative ID in
the form of a military ID or a copy of a current utility bill, bank statement, government check,
paycheck, or other government document, other than a notice of voter registration, that shows
the person’s name and current address. If the person does not provide photo ID, the person
may cast a provisional ballot, as under continuing law.
The bill also clarifies that the person must sign the person’s name in the pollbook, as
opposed to writing the person’s name and address in the pollbook. This change is consistent
with long-standing procedures and with the continuing law that requires the election officials to
compare the person’s signature with the signature on file.2
Provisional ballot
Under the bill, in order for a provisional voter’s ballot to be eligible to be counted, the
voter must provide ID in one of the following manners:
Showing photo ID to the election officials (in the case of a person who is casting a
provisional ballot for reasons other than a lack of ID);
Writing the person’s Ohio DL/ID card number on the provisional ballot affirmation;
1 R.C. 3501.01(AA) and conforming changes in R.C. 3503.14.
2 R.C. 3505.18 and conforming changes in R.C. 3503.16, 3503.19, and 3503.28.
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Writing the last four digits of the person’s SSN on the provisional ballot affirmation;
Appearing in person at the board of elections within seven days after Election Day to
provide one of those forms of ID.
The bill removes the ability of a provisional voter to provide alternative ID in the form of a
military ID or a copy of a current utility bill, bank statement, government check, paycheck, or
other government document, other than a notice of voter registration, that shows the person’s
name and current address.3
Absent voting
In person
The bill requires a person who casts absent voter’s ballots in person at the board of
elections to provide photo ID in the same manner as an elector voting on Election Day. If the
person does not provide photo ID, the person may cast a provisional ballot, as described above.
Under current law, an in-person absent voter instead may provide the person’s Ohio
DL/ID number, the last four digits of the person’s SSN, a military ID, or a copy of a current utility
bill, bank statement, government check, paycheck, or other government document that
includes the person’s name and current address. Current law does not contemplate a person
casting a provisional ballot during in-person absent voting.
Additionally, the bill clarifies that an in-person absent voter is not required to complete
a written application for absent voter’s ballots. Under continuing law, such a voter also is not
required to fill out an ID envelope statement of voter (the form on the ballot envelope).
Instead, the voter must show ID and sign a pollbook, similar to the procedures on Election Day.4
By mail
To vote by mail, the bill requires a person to provide two forms of ID on the application
for absent voter’s ballots and on the ID envelope statement of voter. The person must provide
both:
The person’s Ohio DL/ID number or a copy of the front and back of the person’s photo
ID; and
The last four digits of the person’s SSN.
Those changes also apply to uniformed services and overseas absent voters.
Existing law allows a person who cast absent voter’s ballots by mail to provide just one
of those items, or instead to provide a copy of a military ID or a copy of a current utility bill,
bank statement, government check, paycheck, or other government document, other than a
notice of voter registration, that shows the person’s name and current address.
3 R.C. 3505.18, 3505.181, 3505.182, and 3505.183.
4 R.C. 3509.051, 3509.09, 3509.10, 3511.10, and 3511.13.
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The bill specifies that a disabled or confined person who has absent voter’s ballots
personally delivered by a bipartisan pair of election officials is considered to have voted by mail
for purposes of the ID requirement. Under continuing law, such a voter must complete a
written application and an ID envelope statement of voter, as opposed to showing ID and
signing a pollbook.
The bill also changes numerous references in the law governing absent voting to refer to
a board of elections receiving, sending, and processing applications and ballots, rather than the
director of the board performing those functions. These changes do not affect the substance of
the law, but they clarify that the director is not required to personally carry out all of those
duties. Under continuing law and practice, the board delegates its many duties under the
Election Law to the director and deputy director and to other employees.5
Clarification regarding state ID cards
The bill clarifies that in every context where an elector currently may provide the
elector’s driver’s license number as identification, the elector instead may provide the elector’s
state ID card number. Current law explicitly allows an elector to provide a state ID card number
when registering to vote online or casting a provisional ballot, but not when submitting a paper
registration form or applying for or casting absent voter’s ballots. And, the law currently does
not require the Statewide Voter Registration Database to record electors’ state ID card
numbers.6
Free state ID cards
The bill authorizes any person 17 and over who applies for and receives a state ID card
from the Bureau of Motor Vehicles to receive it for free. As such, the bill waives (for those 17
and over) the typical fees associated with the initial issuance or renewal of the state ID card
($10 for a 4-year state ID card; $19 for an 8-year state ID card) and the fees associated with
receiving a duplicate, reprint, or replacement state ID card ($7.50).7 A state ID card is a primary
form of photo ID for a person who does not hold any type of driver’s license or whose driver’s
license is currently suspended.
In order to continue to compensate deputy registrars for their services in issuing state ID
cards, the bill establishes a process for the deputy registrars to seek reimbursement through
the Registrar of Motor Vehicles. To be reimbursed, deputy registrars must submit a monthly
verification form to the Registrar that specifies the number of free state ID cards issued and
renewed, and the number of free duplicate, reprint, and replacement state ID cards issued
5 R.C. 3509.03, 3509.04, 3509.06, 3509.08, 3509.09, 3511.02, 3511.04, 3511.05, 3511.06, 3511.07,
3511.08, 3511.10, 3511.11, and 3511.13.
6R.C. 3503.14, 3509.03, 3509.04, 3509.06, 3511.02, and 3511.05. See also R.C. 3503.20, 3505.181, and
3505.182.
7 R.C. 4507.50, 4507.501, and 4507.52.
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during the course of the past month.8 The Registrar then must reimburse each deputy registrar
the amount that the deputy registrar would have received for each free state ID card without
the fee waiver. Those amounts are:
1. $6.50 for each 4-year state ID card issued or renewed ($5 deputy registrar fee and
$1.50 document authentication fee);
2. $13 for each 8-year state ID card issued or renewed ($10 deputy registrar fee and $3
document authentication fee); and
3. $5 for each duplicate, reprint, or replacement state ID card (deputy