As Introduced
136th General Assembly
Regular Session S. B. No. 451
2025-2026
Senator Gavarone
To amend sections 109.71, 109.77, 2935.01, 3501.05, 3501.055, 3503.02, 3503.14, 3503.21, 3503.33, 3517.14, 3517.15, and 3517.16 and to enact sections 111.50, 3503.34, and 3503.35 of the Revised Code to make changes to the Election Law regarding voter registration, voter roll maintenance, and enforcement and to name portions of this act the Interstate Voter Assistance Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.71, 109.77, 2935.01, 3501.05, 3501.055, 3503.02, 3503.14, 3503.21, 3503.33, 3517.14, 3517.15, and 3517.16 be amended and sections 111.50, 3503.34, and 3503.35 of the Revised Code be enacted to read as follows:
Sec. 109.71. There is hereby created in the office of the attorney general the Ohio peace officer training commission. The commission shall consist of ten members appointed by the governor with the advice and consent of the senate and selected as follows: one member representing the public; one member who represents a fraternal organization representing law enforcement officers; two members who are incumbent sheriffs; two members who are incumbent chiefs of police; one member from the bureau of criminal identification and investigation; one member from the state highway patrol; one member who is the special agent in charge of a field office of the federal bureau of investigation in this state; and one member from the department of education and workforce, trade and industrial education services, law enforcement training.
This section does not confer any arrest authority or any ability or authority to detain a person, write or issue any citation, or provide any disposition alternative, as granted under Chapter 2935. of the Revised Code.
The commission is exempt from the requirements of sections 101.82 to 101.87 of the Revised Code.
As used in sections 109.71 to 109.801 of the Revised Code:
(A) "Peace officer" means:
(1) A deputy sheriff, marshal, deputy marshal, member of the organized police department of a township or municipal corporation, member of a township police district or joint police district police force, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, or township constable, who is commissioned and employed as a peace officer by a political subdivision of this state or by a metropolitan housing authority, and whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws of this state, ordinances of a municipal corporation, resolutions of a township, or regulations of a board of county commissioners or board of township trustees, or any of those laws, ordinances, resolutions, or regulations;
(2) A police officer who is employed by a railroad company and appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code;
(3) Employees of the department of taxation engaged in the enforcement of Chapter 5743. of the Revised Code and designated by the tax commissioner for peace officer training for purposes of the delegation of investigation powers under section 5743.45 of the Revised Code;
(4) An undercover drug agent;
(5) Enforcement agents of the department of public safety whom the director of public safety designates under section 5502.14 of the Revised Code;
(6) An employee of the department of natural resources who is a natural resources law enforcement staff officer designated pursuant to section 1501.013, a natural resources officer appointed pursuant to section 1501.24, a forest-fire investigator appointed pursuant to section 1503.09, or a wildlife officer designated pursuant to section 1531.13 of the Revised Code;
(7) An employee of a park district who is designated pursuant to section 511.232 or 1545.13 of the Revised Code;
(8) An employee of a conservancy district who is designated pursuant to section 6101.75 of the Revised Code;
(9) A police officer who is employed by a hospital that employs and maintains its own proprietary police department or security department, and who is appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code;
(10) Veterans' homes police officers designated under section 5907.02 of the Revised Code;
(11) A police officer who is employed by a qualified nonprofit corporation police department pursuant to section 1702.80 of the Revised Code;
(12) A state university law enforcement officer appointed under section 3345.04 of the Revised Code or a person serving as a state university law enforcement officer on a permanent basis on June 19, 1978, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(13)
A special police officer employed by the department of mental
health and addiction services behavioral
health pursuant
to section 5119.08 of the Revised Code or the department of
developmental disabilities pursuant to section 5123.13 of the Revised
Code;
(14) A member of a campus police department appointed under section 1713.50 of the Revised Code;
(15) A member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code;
(16) Investigators appointed by the auditor of state pursuant to section 117.091 of the Revised Code and engaged in the enforcement of Chapter 117. of the Revised Code;
(17) A special police officer designated by the superintendent of the state highway patrol pursuant to section 5503.09 of the Revised Code or a person who was serving as a special police officer pursuant to that section on a permanent basis on October 21, 1997, and who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(18) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code or a person serving as a special police officer employed by a port authority on a permanent basis on May 17, 2000, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(19) A special police officer employed by a municipal corporation who has been awarded a certificate by the executive director of the Ohio peace officer training commission for satisfactory completion of an approved peace officer basic training program and who is employed on a permanent basis on or after March 19, 2003, at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended;
(20) A police officer who is employed by an owner or operator of an amusement park that has an average yearly attendance in excess of six hundred thousand guests and that employs and maintains its own proprietary police department or security department, and who is appointed and commissioned by a judge of the appropriate municipal court or county court pursuant to section 4973.17 of the Revised Code;
(21) A police officer who is employed by a bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions, who has been appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code, and who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of a state, county, municipal, or department of natural resources peace officer basic training program;
(22) An investigator, as defined in section 109.541 of the Revised Code, of the bureau of criminal identification and investigation who is commissioned by the superintendent of the bureau as a special agent for the purpose of assisting law enforcement officers or providing emergency assistance to peace officers pursuant to authority granted under that section;
(23) A state fire marshal law enforcement officer appointed under section 3737.22 of the Revised Code or a person serving as a state fire marshal law enforcement officer on a permanent basis on or after July 1, 1982, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(24) A gaming agent employed under section 3772.03 of the Revised Code;
(25) An employee of the state board of pharmacy designated by the executive director of the board pursuant to section 4729.04 of the Revised Code to investigate violations of Chapters 2925., 3715., 3719., 3796., 4729., and 4752. of the Revised Code and rules adopted thereunder;
(26) An investigator appointed by the secretary of state under section 111.50 of the Revised Code.
(B) "Undercover drug agent" has the same meaning as in division (B)(2) of section 109.79 of the Revised Code.
(C) "Crisis intervention training" means training in the use of interpersonal and communication skills to most effectively and sensitively interview victims of rape.
(D) "Missing children" has the same meaning as in section 2901.30 of the Revised Code.
(E) "Tactical medical professional" means an EMT, EMT-basic, AEMT, EMT-I, paramedic, nurse, or physician who is trained and certified in a nationally recognized tactical medical training program that is equivalent to "tactical combat casualty care" (TCCC) and "tactical emergency medical support" (TEMS) and who functions in the tactical or austere environment while attached to a law enforcement agency of either this state or a political subdivision of this state.
(F) "EMT-basic," "EMT-I," and "paramedic" have the same meanings as in section 4765.01 of the Revised Code and "EMT" and "AEMT" have the same meanings as in section 4765.011 of the Revised Code.
(G) "Nurse" means any of the following:
(1) Any person who is licensed to practice nursing as a registered nurse by the board of nursing;
(2) Any certified nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, or certified nurse-midwife who holds a certificate of authority issued by the board of nursing under Chapter 4723. of the Revised Code;
(3) Any person who is licensed to practice nursing as a licensed practical nurse by the board of nursing pursuant to Chapter 4723. of the Revised Code.
(H) "Physician" means a person who is licensed pursuant to Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(I) "County correctional officer" has the same meaning as in section 341.41 of the Revised Code.
(J)(1) "Fire investigator" means an employee of a fire department charged with investigating fires and explosions who has been authorized, in accordance with sections 737.27 and 3737.24 of the Revised Code, to perform the duties of investigating the origin and cause of fires and explosions using the scientific method to investigate elements of the event including the circumstances, actions, persons, means, and motives that resulted in the fire or explosion or the report of a fire or explosion within this state.
(2) "Fire investigator" does not include a person who is acting as a fire investigator on behalf of an insurance company or any other privately owned or operated enterprise.
(K) "Fire department" means a fire department of the state or an instrumentality of the state or of a municipal corporation, township, joint fire district, or other political subdivision.
(L) "At-risk youth" means an individual who is all of the following:
(1) Under twenty-one years of age;
(2) One of the following:
(a) At risk of becoming an abused, neglected, or dependent child, delinquent or unruly child, or juvenile traffic offender;
(b) An abused, neglected, or dependent child, delinquent or unruly child, or juvenile traffic offender.
(3) Residing in a state correctional institution, a department of youth services institution, or a residential facility.
(M) "Residential facility" has the same meaning as in section 2151.46 of the Revised Code.
Sec. 109.77. (A) As used in this section:
(1) "Felony" has the same meaning as in section 109.511 of the Revised Code.
(2) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.
(B)(1) Notwithstanding any general, special, or local law or charter to the contrary, and except as otherwise provided in this section, no person shall receive an original appointment on a permanent basis as any of the following unless the person previously has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program:
(a) A peace officer of any county, township, municipal corporation, regional transit authority, or metropolitan housing authority;
(b) A natural resources law enforcement staff officer, forest-fire investigator, wildlife officer, or natural resources officer of the department of natural resources;
(c) An employee of a park district under section 511.232 or 1545.13 of the Revised Code;
(d) An employee of a conservancy district who is designated pursuant to section 6101.75 of the Revised Code;
(e) A state university law enforcement officer;
(f)
A special police officer employed by the department of mental
health and addiction services behavioral
health pursuant
to section 5119.08 of the Revised Code or the department of
developmental disabilities pursuant to section 5123.13 of the Revised
Code;
(g) An enforcement agent of the department of public safety whom the director of public safety designates under section 5502.14 of the Revised Code;
(h) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code;
(i) A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended;
(j) A gaming agent employed under section 3772.03 of the Revised Code;
(k) An investigator appointed by the secretary of state under section 111.50 of the Revised Code.
(2) Every person who is appointed on a temporary basis or for a probationary term or on other than a permanent basis as any of the following shall forfeit the appointed position unless the person previously has completed satisfactorily or, within the time prescribed by rules adopted by the attorney general pursuant to section 109.74 of the Revised Code, satisfactorily completes a state, county, municipal, or department of natural resources peace officer basic training program for temporary or probationary officers and is awarded a certificate by the director attesting to the satisfactory completion of the program:
(a) A peace officer of any county, township, municipal corporation, regional transit authority, or metropolitan housing authority;
(b) A natural resources law enforcement staff officer, park officer, forest officer, preserve officer, wildlife officer, or state watercraft officer of the department of natural resources;
(c) An employee of a park district under section 511.232 or 1545.13 of the Revised Code;
(d) An employee of a conservancy district who is designated pursuant to section 6101.75 of the Revised Code;
(e)
A special police officer employed by the department of mental
health and addiction services behavioral
health pursuant
to section 5119.08 of the Revised Code or the department of
developmental disabilities pursuant to section 5123.13 of the Revised
Code;
(f) An enforcement agent of the department of public safety whom the director of public safety designates under section 5502.14 of the Revised Code;
(g) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code;
(h) A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended.
(3) For purposes of division (B) of this section, a state, county, municipal, or department of natural resources peace officer basic training program, regardless of whether the program is to be completed by peace officers appointed on a permanent or temporary, probationary, or other nonpermanent basis, shall include training in the handling of the offense of domestic violence, other types of domestic violence-related offenses and incidents, protection orders and consent agreements issued or approved under section 2919.26 or 3113.31 of the Revised Code, crisis intervention training, and training on companion animal encounters and companion animal behavior. The requirement to complete training in the handling of the offense of domestic violence, other types of domestic violence-related offenses and incidents, and protection orders and consent agreements issued or approved under section 2919.26 or 3113.31 of the Revised Code does not apply to any person serving as a peace officer on March 27, 1979, and the requirement to complete training in crisis intervention does not apply to any person serving as a peace officer on April 4, 1985. Any person who is serving as a peace officer on April 4, 1985, who terminates that employment after that date, and who subsequently is hired as a peace officer by the same or another law enforcement agency shall complete training in crisis intervention as prescribed by rules adopted by the attorney general pursuant to section 109.742 of the Revised Code. No peace officer shall have employment as a peace officer terminated and then be reinstated with intent to circumvent this section.
(4)
Division (B) of this section does not apply to any person serving on
a permanent basis on March 28, 1985, as a park officer, forest
officer, preserve officer, wildlife officer, or state watercraft
officer of the department of natural resources or as an employee of a
park district under section 511.232 or 1545.13 of the Revised Code,
to any person serving on a permanent basis on March 6, 1986, as an
employee of a conservancy district designated pursuant to section
6101.75 of the Revised Code, to any person serving on a permanent
basis on January 10, 1991, as a preserve officer of the department of
natural resources, to any person employed on a permanent basis on
July 2, 1992, as a special police officer by the department of mental
health and addiction services behavioral
health pursuant
to section 5119.08 of the Revised Code or by the department of
developmental disabilities pursuant to section 5123.13 of the Revised
Code, to any person serving on a permanent basis on May 17, 2000, as
a special police officer employed by a port authority under section
4582.04 or 4582.28 of the Revised Code, to any person serving on a
permanent basis on March 19, 2003, as a special police officer
employed by a municipal corporation at a municipal airport or other
municipal air navigation facility described in division (A)(19) of
section 109.71 of the Revised Code, to any person serving on a
permanent basis on June 19, 1978, as a state university law
enforcement officer pursuant to section 3345.04 of the Revised Code
and who, immediately prior to June 19, 1978, was serving as a special
police officer designated under authority of that section, or to any
person serving on a permanent basis on September 20, 1984, as a
liquor control investigator, known after June 30, 1999, as an
enforcement agent of the department of public safety, engaged in the
enforcement of Chapters 4301. and 4303. of the Revised Code.
(5) Division (B) of this section does not apply to any person who is appointed as a regional transit authority police officer pursuant to division (Y) of section 306.35 of the Revised Code if, on or before July 1, 1996, the person has completed satisfactorily an approved state, county, municipal, or department of natural resources peace officer basic training program and has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of such an approved program and if, on July 1, 1996, the person is performing peace officer functions for a regional transit authority.
(C) No person, after September 20, 1984, shall receive an original appointment on a permanent basis as a veterans' home police officer designated under section 5907.02 of the Revised Code unless the person previously has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved police officer basic training program. Every person who is appointed on a temporary basis or for a probationary term or on other than a permanent basis as a veterans' home police officer designated under section 5907.02 of the Revised Code shall forfeit that position unless the person previously has completed satisfactorily or, within one year from the time of appointment, satisfactorily completes an approved police officer basic training program.
(D) No bailiff or deputy bailiff of a court of record of this state and no criminal investigator who is employed by the state public defender shall carry a firearm, as defined in section 2923.11 of the Revised Code, while on duty unless the bailiff, deputy bailiff, or criminal investigator has done or received one of the following:
(1) Has been awarded a certificate by the executive director of the Ohio peace officer training commission, which certificate attests to satisfactory completion of an approved state, county, or municipal basic training program for bailiffs and deputy bailiffs of courts of record and for criminal investigators employed by the state public defender that has been recommended by the Ohio peace officer training commission;
(2) Has successfully completed a firearms training program approved by the Ohio peace officer training commission prior to employment as a bailiff, deputy bailiff, or criminal investigator;
(3) Prior to June 6, 1986, was authorized to carry a firearm by the court that employed the bailiff or deputy bailiff or, in the case of a criminal investigator, by the state public defender and has received training in the use of firearms that the Ohio peace officer training commission determines is equivalent to the training that otherwise is required by division (D) of this section.
(E)(1) Before a person seeking a certificate completes an approved peace officer basic training program, the executive director of the Ohio peace officer training commission shall request the person to disclose, and the person shall disclose, any previous criminal conviction of or plea of guilty of that person to a felony.
(2) Before a person seeking a certificate completes an approved peace officer basic training program, the executive director shall request a criminal history records check on the person. The executive director shall submit the person's fingerprints to the bureau of criminal identification and investigation, which shall submit the fingerprints to the federal bureau of investigation for a national criminal history records check.
Upon receipt of the executive director's request, the bureau of criminal identification and investigation and the federal bureau of investigation shall conduct a criminal history records check on the person and, upon completion of the check, shall provide a copy of the criminal history records check to the executive director. The executive director shall not award any certificate prescribed in this section unless the executive director has received a copy of the criminal history records check on the person to whom the certificate is to be awarded.
(3) The executive director of the commission shall not award a certificate prescribed in this section to a person who has been convicted of or has pleaded guilty to a felony or who fails to disclose any previous criminal conviction of or plea of guilty to a felony as required under division (E)(1) of this section.
(4) The executive director of the commission shall revoke the certificate awarded to a person as prescribed in this section, and that person shall forfeit all of the benefits derived from being certified as a peace officer under this section, if the person, before completion of an approved peace officer basic training program, failed to disclose any previous criminal conviction of or plea of guilty to a felony as required under division (E)(1) of this section.
(F)(1) Regardless of whether the person has been awarded the certificate or has been classified as a peace officer prior to, on, or after October 16, 1996, the executive director of the Ohio peace officer training commission shall revoke any certificate that has been awarded to a person as prescribed in this section if the person does either of the following:
(a) Pleads guilty to a felony committed on or after January 1, 1997;
(b) Pleads guilty to a misdemeanor committed on or after January 1, 1997, pursuant to a negotiated plea agreement as provided in division (D) of section 2929.43 of the Revised Code in which the person agrees to surrender the certificate awarded to the person under this section.
(2) The executive director of the commission shall suspend any certificate that has been awarded to a person as prescribed in this section if the person is convicted, after trial, of a felony committed on or after January 1, 1997. The executive director shall suspend the certificate pursuant to division (F)(2) of this section pending the outcome of an appeal by the person from that conviction to the highest court to which the appeal is taken or until the expiration of the period in which an appeal is required to be filed. If the person files an appeal that results in that person's acquittal of the felony or conviction of a misdemeanor, or in the dismissal of the felony charge against that person, the executive director shall reinstate the certificate awarded to the person under this section. If the person files an appeal from that person's conviction of the felony and the conviction is upheld by the highest court to which the appeal is taken or if the person does not file a timely appeal, the executive director shall revoke the certificate awarded to the person under this section.
(G)(1) If a person is awarded a certificate under this section and the certificate is revoked pursuant to division (E)(4) or (F) of this section, the person shall not be eligible to receive, at any time, a certificate attesting to the person's satisfactory completion of a peace officer basic training program.
(2) The revocation or suspension of a certificate under division (E)(4) or (F) of this section shall be in accordance with Chapter 119. of the Revised Code.
(H)(1) A person who was employed as a peace officer of a county, township, or municipal corporation of the state on January 1, 1966, and who has completed at least sixteen years of full-time active service as such a peace officer, or equivalent service as determined by the executive director of the Ohio peace officer training commission, may receive an original appointment on a permanent basis and serve as a peace officer of a county, township, or municipal corporation, or as a state university law enforcement officer, without complying with the requirements of division (B) of this section.
(2) Any person who held an appointment as a state highway trooper on January 1, 1966, may receive an original appointment on a permanent basis and serve as a peace officer of a county, township, or municipal corporation, or as a state university law enforcement officer, without complying with the requirements of division (B) of this section.
(I) No person who is appointed as a peace officer of a county, township, or municipal corporation on or after April 9, 1985, shall serve as a peace officer of that county, township, or municipal corporation unless the person has received training in the handling of missing children and child abuse and neglect cases from an approved state, county, township, or municipal police officer basic training program or receives the training within the time prescribed by rules adopted by the attorney general pursuant to section 109.741 of the Revised Code.
(J) No part of any approved state, county, or municipal basic training program for bailiffs and deputy bailiffs of courts of record and no part of any approved state, county, or municipal basic training program for criminal investigators employed by the state public defender shall be used as credit toward the completion by a peace officer of any part of the approved state, county, or municipal peace officer basic training program that the peace officer is required by this section to complete satisfactorily.
(K) This section does not apply to any member of the police department of a municipal corporation in an adjoining state serving in this state under a contract pursuant to section 737.04 of the Revised Code.
(L) The executive director of the commission shall issue a certificate of completion of a training program required under this section in accordance with Chapter 4796. of the Revised Code to an individual if either of the following applies:
(1) The individual holds a certificate of completion of such a program in another state.
(2) The individual has satisfactory work experience, a government certification, or a private certification as described in that chapter in the same profession, occupation, or occupational activity as the profession, occupation, or occupational activity for which the certificate is required in this state in a state that does not require completion of such a training program.
(M)(1) Except as provided in division (M)(2) of this section, no certificate awarded by the executive director of the Ohio peace officer training commission attesting to a person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program shall be deemed insufficient for an appointment to a position listed in division (B)(1) of this section because of a lapse in the person's service as a peace officer.
(2) The Ohio peace officer training commission shall require a re-appointed peace officer to complete refresher training of the following duration prior to performing the functions of a peace officer, if the peace officer, having previously been awarded a certificate by the executive director of the commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program or pursuant to Chapter 4796. of the Revised Code, for at least one year prior to an appointment, was not employed as a peace officer:
(a) If the period of lapse was at least one year, but less than four years, up to forty hours;
(b) If the period of lapse was four years or longer, eighty hours.
Sec. 111.50. The secretary of state may appoint one or more investigators to carry out the investigative duties of the secretary of state under sections 111.243 and 147.032 of the Revised Code and to investigate complaints and allegations received by the election integrity unit under sections 3501.055 and 3517.16 of the Revised Code. An investigator appointed under this section shall be a peace officer in compliance with section 109.77 of the Revised Code.
Sec. 2935.01. As used in this chapter:
(A) "Magistrate" has the same meaning as in section 2931.01 of the Revised Code.
(B) "Peace officer" includes, except as provided in section 2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal; deputy marshal; member of the organized police department of any municipal corporation, including a member of the organized police department of a municipal corporation in an adjoining state serving in Ohio under a contract pursuant to section 737.04 of the Revised Code; member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code; member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code; state university law enforcement officer appointed under section 3345.04 of the Revised Code; enforcement agent of the department of public safety designated under section 5502.14 of the Revised Code; employee of the department of taxation to whom investigation powers have been delegated under section 5743.45 of the Revised Code; employee of the department of natural resources who is a natural resources law enforcement staff officer designated pursuant to section 1501.013 of the Revised Code, a forest-fire investigator appointed pursuant to section 1503.09 of the Revised Code, a natural resources officer appointed pursuant to section 1501.24 of the Revised Code, or a wildlife officer designated pursuant to section 1531.13 of the Revised Code; individual designated to perform law enforcement duties under section 511.232, 1545.13, or 6101.75 of the Revised Code; veterans' home police officer appointed under section 5907.02 of the Revised Code; special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code; police constable of any township; police officer of a township or joint police district; a special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended; the house of representatives sergeant at arms if the house of representatives sergeant at arms has arrest authority pursuant to division (E)(1) of section 101.311 of the Revised Code; an assistant house of representatives sergeant at arms; the senate sergeant at arms; an assistant senate sergeant at arms; officer or employee of the bureau of criminal identification and investigation established pursuant to section 109.51 of the Revised Code who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the officer's or employee's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program and who is providing assistance upon request to a law enforcement officer or emergency assistance to a peace officer pursuant to section 109.54 or 109.541 of the Revised Code; a state fire marshal law enforcement officer described in division (A)(23) of section 109.71 of the Revised Code; a gaming agent, as defined in section 3772.01 of the Revised Code; an investigator appointed by the secretary of state under section 111.50 of the Revised Code; and, for the purpose of arrests within those areas, for the purposes of Chapter 5503. of the Revised Code, and the filing of and service of process relating to those offenses witnessed or investigated by them, the superintendent and troopers of the state highway patrol.
(C) "Prosecutor" includes the county prosecuting attorney and any assistant prosecutor designated to assist the county prosecuting attorney, and, in the case of courts inferior to courts of common pleas, includes the village solicitor, city director of law, or similar chief legal officer of a municipal corporation, any such officer's assistants, or any attorney designated by the prosecuting attorney of the county to appear for the prosecution of a given case.
(D) "Offense," except where the context specifically indicates otherwise, includes felonies, misdemeanors, and violations of ordinances of municipal corporations and other public bodies authorized by law to adopt penal regulations.
(E) "Tier one offense" means a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.06, 2903.11, 2903.12, 2903.21, 2903.211, 2905.01, 2905.02, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2919.25, 2921.34, 2923.161, 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code.
Sec. 3501.05. The secretary of state shall do all of the following:
(A) Appoint all members of boards of elections;
(B) Issue instructions by directives and advisories in accordance with section 3501.053 of the Revised Code to members of the boards as to the proper methods of conducting elections.
(C) Prepare rules and instructions for the conduct of elections;
(D) Publish and furnish to the boards from time to time a sufficient number of indexed copies of all election laws then in force;
(E) Edit and issue all pamphlets concerning proposed laws or amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards, blanks, and records;
(G) Determine and prescribe the forms of ballots and the forms of all blanks, cards of instructions, pollbooks, tally sheets, certificates of election, and forms and blanks required by law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to be placed on the ballot for any proposed law or amendment to the constitution to be submitted to the voters of the state;
(I) Except as otherwise provided in section 3519.08 of the Revised Code, certify to the several boards the forms of ballots and names of candidates for state offices, and the form and wording of state referendum questions and issues, as they shall appear on the ballot;
(J) Except as otherwise provided in division (I)(2)(b) of section 3501.38 of the Revised Code, give final approval to ballot language for any local question or issue approved and transmitted by boards of elections under section 3501.11 of the Revised Code;
(K) Receive all initiative and referendum petitions on state questions and issues and determine and certify to the sufficiency of those petitions;
(L) Require such reports from the several boards as are provided by law, or as the secretary of state considers necessary;
(M) Compel the observance by election officers in the several counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of this section, through the election integrity unit created under section 3501.055 of the Revised Code, investigate the administration of election laws, frauds, and irregularities in elections in any county, and report violations of election laws to the attorney general or prosecuting attorney, or both, for prosecution;
(2) Receive and process complaints regarding any alleged violation of a provision of law over which the Ohio election integrity commission has jurisdiction, in accordance with sections 3517.14 to 3517.18 of the Revised Code.
(O) Make an annual report to the governor containing the results of elections, the cost of elections in the various counties, a tabulation of the votes in the several political subdivisions, and other information and recommendations relative to elections the secretary of state considers desirable;
(P) Prescribe and distribute to boards of elections a list of instructions indicating all legal steps necessary to petition successfully for local option elections under sections 4301.32 to 4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Adopt rules pursuant to Chapter 119. of the Revised Code for the removal by boards of elections of ineligible voters from the statewide voter registration database and, if applicable, from the poll list or signature pollbook used in each precinct, which rules shall provide for all of the following:
(1) A process for the removal of voters who have changed residence, which shall be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 and the National Voter Registration Act of 1993, including a program that uses the national change of address service provided by the United States postal system through its licensees;
(2) A process for the removal of ineligible voters under section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of a voter who is ineligible to vote from the statewide voter registration database and, if applicable, from the poll list or signature pollbook used in each precinct and noting the reason for that mark or removal.
(R)(1) Prescribe a general program for registering voters or updating voter registration information, such as name and residence changes, by boards of elections, designated agencies, public high schools and vocational schools, public libraries, and offices of county treasurers consistent with the requirements of section 3503.09 of the Revised Code;
(2) Prescribe a general program for registering voters or updating voter registration information through the registrar of motor vehicles and deputy registrars, consistent with the requirements of section 3503.11 of the Revised Code.
(S) Prescribe a program of distribution of voter registration forms through boards of elections, designated agencies, offices of the registrar and deputy registrars of motor vehicles, public high schools and vocational schools, public libraries, and offices of county treasurers;
(T) To the extent feasible, provide copies, at no cost and upon request, of the voter registration form in post offices in this state;
(U) Adopt rules pursuant to section 111.15 of the Revised Code for the purpose of implementing the programs for registering voters through boards of elections, designated agencies, and the offices of the registrar and deputy registrars of motor vehicles consistent with this chapter;
(V) Establish the full-time position of Americans with Disabilities Act coordinator within the office of the secretary of state to do all of the following:
(1) Assist the secretary of state with ensuring that there is equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each voter may cast the voter's ballot in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters;
(3) Advise the secretary of state in the development of standards for the certification of voting machines, marking devices, and automatic tabulating equipment.
(W) Establish and maintain a computerized statewide database of all legally registered voters under section 3503.15 of the Revised Code that complies with the requirements of the "Help America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, and provide training in the operation of that system;
(X) Ensure that all directives, advisories, other instructions, or decisions issued or made during or as a result of any conference or teleconference call with a board of elections to discuss the proper methods and procedures for conducting elections, to answer questions regarding elections, or to discuss the interpretation of directives, advisories, or other instructions issued by the secretary of state are posted on a web site of the office of the secretary of state as soon as is practicable after the completion of the conference or teleconference call, but not later than the close of business on the same day as the conference or teleconference call takes place.
(Y) Publish a report on a web site of the office of the secretary of state not later than one month after the completion of the canvass of the election returns for each primary and general election, identifying, by county, the number of absent voter's ballots cast and the number of those ballots that were counted, and the number of provisional ballots cast and the number of those ballots that were counted, for that election. The secretary of state shall maintain the information on the web site in an archive format for each subsequent election.
(Z) Conduct voter education outlining voter identification, absent voters ballot, provisional ballot, and other voting requirements;
(AA) Establish a procedure by which a registered elector may make available to a board of elections a more recent signature to be used in the poll list or signature pollbook produced by the board of elections of the county in which the elector resides;
(BB) Disseminate information, which may include all or part of the official explanations and arguments, by means of direct mail or other written publication, broadcast, or other means or combination of means, as directed by the Ohio ballot board under division (F) of section 3505.062 of the Revised Code, in order to inform the voters as fully as possible concerning each proposed constitutional amendment, proposed law, or referendum;
(CC) Be the single state office responsible for the implementation of the "Uniformed and Overseas Citizens Absentee Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended, in this state. The secretary of state may delegate to the boards of elections responsibilities for the implementation of that act, including responsibilities arising from amendments to that act made by the "Military and Overseas Voter Empowerment Act," Subtitle H of the "National Defense Authorization Act for Fiscal Year 2010," Pub. L. No. 111-84, 123 Stat. 3190.
(DD) Adopt rules, under Chapter 119. of the Revised Code, to establish procedures and standards for determining when a board of elections shall be placed under the official oversight of the secretary of state, placing a board of elections under the official oversight of the secretary of state, a board that is under official oversight to transition out of official oversight, and the secretary of state to supervise a board of elections that is under official oversight of the secretary of state.
(EE) Perform other duties required by law.
Whenever a primary election is held under section 3513.32 of the Revised Code or a special election is held under section 3521.03 of the Revised Code to fill a vacancy in the office of representative to congress, the secretary of state shall establish a deadline, notwithstanding any other deadline required under the Revised Code, by which any or all of the following shall occur: the filing of a declaration of candidacy and petitions or a statement of candidacy and nominating petition together with the applicable filing fee; the filing of protests against the candidacy of any person filing a declaration of candidacy or nominating petition; the filing of a declaration of intent to be a write-in candidate; the filing of campaign finance reports; the preparation of, and the making of corrections or challenges to, precinct voter registration lists; the receipt of applications for absent voter's ballots or uniformed services or overseas absent voter's ballots; the supplying of election materials to precincts by boards of elections; the holding of hearings by boards of elections to consider challenges to the right of a person to appear on a voter registration list; and the scheduling of programs to instruct or reinstruct election officers.
In the performance of the secretary of state's duties as the chief election officer, the secretary of state may administer oaths, issue subpoenas within or without the state, summon witnesses, compel the production of books, papers, records, and other evidence, and fix the time and place for hearing any matters relating to the administration and enforcement of the election laws, including for the purposes described in division (N)(2) of this section.
In any controversy involving or arising out of the adoption of registration or the appropriation of funds for registration, the secretary of state may, through the attorney general, bring an action in the name of the state in the court of common pleas of the county where the cause of action arose or in an adjoining county, to adjudicate the question.
In any action involving the laws in Title XXXV of the Revised Code wherein the interpretation of those laws is in issue in such a manner that the result of the action will affect the lawful duties of the secretary of state or of any board of elections, the secretary of state may, on the secretary of state's motion, be made a party.
The secretary of state may apply to any court that is hearing a case in which the secretary of state is a party, for a change of venue as a substantive right, and the change of venue shall be allowed, and the case removed to the court of common pleas of an adjoining county named in the application or, if there are cases pending in more than one jurisdiction that involve the same or similar issues, the court of common pleas of Franklin county.
Public high schools and vocational schools, public libraries, and the office of a county treasurer shall implement voter registration programs as directed by the secretary of state pursuant to this section.
Sec. 3501.055. (A) There is in the office of the secretary of state the election integrity unit.
(B) Under the direction of the secretary of state, the election integrity unit shall do all of the following:
(1) Investigate alleged violations of Title XXXV of the Revised Code on the unit's own initiative, upon receiving a complaint under this section, or upon the filing of a complaint with the secretary of state under section 3517.16 of the Revised Code;
(2) Allow the public to submit allegations of violations of Title XXXV of the Revised Code to the unit;
(3) Submit a report to the governor and the general assembly not later than the fifteenth day of January of each year. The report shall include all of the following with respect to the previous calendar year:
(a) The number of allegations the unit received from members of the public;
(b) The number of allegations the unit investigated on its own initiative;
(c) The number of allegations the unit referred to another agency for further investigation or prosecution;
(d) All of the following concerning each allegation:
(i) The general nature of the allegation;
(ii) The county in which the violation is alleged to have occurred;
(iii) Whether the allegation has been referred to another agency for further investigation or prosecution, and if so, to which agency;
(iv) The current status of the investigation or any resulting criminal or civil proceeding.
(C) In performing its duties, the election integrity unit may administer oaths, issue subpoenas within or without the state, summon witnesses, compel the production of books, papers, records, and other evidence, and hold hearings.
(D) Within one year after receiving a referral for further investigation or prosecution from the election integrity unit, the prosecuting attorney shall either prosecute the violation or provide to the election integrity unit a written statement declining to prosecute the referral or requesting any additional evidence needed. If the prosecuting attorney requests additional evidence, the election integrity unit shall provide such evidence, if available, within ninety days after receiving the request. Within one hundred eighty days after receiving the additional evidence, the prosecuting attorney either shall prosecute the violation or provide a written statement to the election integrity unit explaining a reason for declining to prosecute. If the prosecuting attorney fails to provide this statement within one hundred eighty days after receiving the additional evidence, the election integrity unit may refer the violation to the attorney general for further investigation or prosecution.
Sec. 3503.02. All registrars and precinct election officials, in determining the residence of a person offering to register or vote, shall be governed by the following rules:
(A) That place shall be considered the residence of a person in which the person's habitation is fixed and to which, whenever the person is absent, the person has the intention of returning.
(B) A person shall not be considered to have lost the person's residence who leaves the person's home and goes into another state or county of this state, for temporary purposes only, with the intention of returning.
(C) A person shall not be considered to have gained a residence in any county of this state into which the person comes for temporary purposes only, without the intention of making such county the permanent place of abode.
(D) The place where the family of a married person resides shall be considered to be the person's place of residence; except that when the spouses have separated and live apart, the place where such a spouse resides the length of time required to entitle a person to vote shall be considered to be the spouse's place of residence.
(E) If a person removes to another state with the intention of making such state the person's residence, the person shall be considered to have lost the person's residence in this state.
(F) Except as otherwise provided in division (G) of this section, if a person removes from this state and continuously resides outside this state for a period of four years or more, the person shall be considered to have lost the person's residence in this state, notwithstanding the fact that the person may entertain an intention to return at some future period.
(G)(1) If a person removes from this state to engage in the services of the United States government, the person shall not be considered to have lost the person's residence in this state, and likewise should the person enter the employment of the state, the place where such person resided at the time of the person's removal shall be considered to be the person's place of residence.
(2) If a person removes from this state to a location outside of the United States and the person does not become a resident of another state, the person shall not be considered to have lost the person's residence in this state. The place where the person resided at the time of the person's removal shall be considered to be the person's place of residence.
(3) If a person is eligible to vote in this state under division (D)(2) of section 3511.011 of the Revised Code, the place where the person's parent or legal guardian resided in this state prior to that parent or legal guardian's removal to a location outside of the United States shall be considered to be the person's place of residence.
(4) If an address that is considered to be a person's place of residence under division (G) of this section ceases to be a recognized residential address, the board of elections shall assign an address to the applicable person for voting purposes.
(H)
If a person goes into another state and while there exercises the
right of a citizen by
voting
registering to vote in that state,
the person shall be considered to have lost the person's residence in
this state.
(I) If a person does not have a fixed place of habitation, but has a shelter or other location at which the person has been a consistent or regular inhabitant and to which the person has the intention of returning, that shelter or other location shall be deemed the person's residence for the purpose of registering to vote.
Sec. 3503.14. (A) The secretary of state shall prescribe the form and content of the registration, change of residence, and change of name forms used in this state. The forms shall meet the requirements of the National Voter Registration Act of 1993 and shall include spaces for all of the following:
(1) The voter's name;
(2) The voter's current residence address;
(3) The current date;
(4) The voter's date of birth;
(5) The voter to provide at least one of the following forms of identification:
(a) The voter's Ohio driver's license or state identification card number;
(b) The last four digits of the voter's social security number.
(6) A space for the voter to provide the voter's former residence address in this state or another state, if the voter is currently registered to vote at that address.
(7) The voter's signature, accompanied by the following statement: "I declare under penalty of election falsification I am a citizen of the United States, will have lived in this state for 30 days immediately preceding the next election, and will be at least 18 years of age at the time of the general election. I understand that if I am registered to vote at another address in Ohio, my registration will be transferred. If I am registered to vote in another state, I request that my previous voter registration be canceled."
The forms shall include the following statement:
"WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE."
The registration form shall include a space on which the person registering an applicant shall sign the person's name and provide the person's address and a space on which the person registering an applicant shall name the employer who is employing that person to register the applicant.
The forms shall include a box for the person filling out the form to check to indicate, if applicable, that the person has filled out all or part of the form on behalf of the applicant because the applicant declares that the applicant requires such assistance by reason of blindness, disability, or illiteracy.
Except for forms prescribed by the secretary of state under section 3503.11 of the Revised Code, the secretary of state shall permit boards of elections to produce forms that have subdivided spaces for each individual alphanumeric character of the information provided by the voter so as to accommodate the electronic reading and conversion of the voter's information to data and the subsequent electronic transfer of that data to the statewide voter registration database established under section 3503.15 of the Revised Code.
(B) None of the following persons who are registering an applicant in the course of that official's or employee's normal duties shall sign the person's name, provide the person's address, or name the employer who is employing the person to register an applicant on a form prepared under this section:
(1) An election official;
(2) A county treasurer;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(C) Except as provided in section 3501.382 of the Revised Code, any applicant who is unable to sign the applicant's own name shall make an "X," if possible, which shall be certified by the signing of the name of the applicant by the person filling out the form, who shall add the person's own signature. If an applicant is unable to make an "X," the applicant shall indicate in some manner that the applicant desires to register to vote or to change the applicant's name or residence. The person registering the applicant shall sign the form and attest that the applicant indicated that the applicant desired to register to vote or to change the applicant's name or residence.
(D) No registration, change of residence, or change of name form shall be rejected solely on the basis that a person registering an applicant failed to sign the person's name or failed to name the employer who is employing that person to register the applicant as required under division (A) of this section.
(E)
(E)(1)
A voter registration application is not required to contain the
voter's former residence address to be considered valid.
(2) A voter registration application submitted electronically through the registrar of motor vehicles or a deputy registrar pursuant to section 3503.11 or submitted online through the internet pursuant to section 3503.20 of the Revised Code is not required to contain a signature to be considered valid. The signature obtained under division (A)(3) of section 3503.11 or under division (B) of section 3503.20 of the Revised Code, as applicable, shall be considered the applicant's signature for all election and signature-matching purposes.
(F)(1) Except as otherwise provided in division (C) of this section and in sections 3501.382 and 3505.24 of the Revised Code, no person shall preprint or fill out any portion of a voter registration, change of residence, or change of name form on behalf of an applicant.
(2) A completed voter registration, change of residence, or change of name form is not valid if any portion of it has been completed by any person other than the applicant in violation of division (F)(1) of this section.
(G) As used in this section, "registering an applicant" includes any effort, for compensation, to provide voter registration forms or to assist persons in completing or returning those forms.
Sec. 3503.21. (A) The registration of a registered elector shall be canceled upon the occurrence of any of the following:
(1) The filing by a registered elector of a written request with a board of elections or the secretary of state, on a form prescribed by the secretary of state and signed by the elector, that the registration be canceled. The filing of such a request does not prohibit an otherwise qualified elector from reregistering to vote at any time.
(2) The filing of a notice of the death of a registered elector as provided in section 3503.18 of the Revised Code;
(3) The filing with the board of elections of a certified copy of the death certificate of a registered elector by the deceased elector's spouse, parent, or child, by the administrator of the deceased elector's estate, or by the executor of the deceased elector's will;
(4) The conviction of the registered elector of a felony under the laws of this state, any other state, or the United States as provided in section 2961.01 of the Revised Code;
(5) The adjudication of incompetency of the registered elector for the purpose of voting as provided in section 5122.301 of the Revised Code;
(6) The change of residence of the registered elector to a location outside the county of registration in accordance with division (B) of this section or as described in section 3503.33, 3503.34, or 3503.35 of the Revised Code;
(7) The failure of the registered elector, after having been mailed a confirmation notice, to do either of the following:
(a) Respond to such a notice and vote at least once during a period of four consecutive years, which period shall include two general federal elections;
(b) Update the elector's registration and vote at least once during a period of four consecutive years, which period shall include two general federal elections.
(8) The receipt by the board of elections of a cancellation notice or request pursuant to section 111.44 of the Revised Code;
(9) The receipt by the board of elections of a report from the secretary of state indicating that the person is not a United States citizen, as described in division (B)(1) of section 3503.152 of the Revised Code;
(10) The circumstances described in division (D)(4) of section 3503.201 of the Revised Code;
(11) The circumstances described in section 111.44 of the Revised Code;
(12) The circumstances described in division (Q) of section 3501.05 of the Revised Code;
(13) The circumstances described in division (C) of section 3503.24 of the Revised Code;
(14) The determination by the board of elections that the elector is a fictitious person;
(15) The determination by the board of elections that the registration is a duplicate.
(B)(1) The secretary of state shall prescribe procedures to identify and cancel the registration in a prior county of residence of any registrant who changes the registrant's voting residence to a location outside the registrant's current county of registration. Any procedures prescribed in this division shall be uniform and nondiscriminatory, and shall comply with the Voting Rights Act of 1965. The secretary of state may prescribe procedures under this division that include the use of the national change of address service provided by the United States postal system through its licensees. Any program so prescribed shall be completed not later than ninety days prior to the date of any primary or general election for federal office.
(2) The registration of any elector identified as having changed the elector's voting residence to a location outside the elector's current county of registration shall not be canceled unless the registrant is sent a confirmation notice on a form prescribed by the secretary of state and the registrant fails to respond to the confirmation notice or otherwise update the registration and fails to vote in any election during the period of two federal elections subsequent to the mailing of the confirmation notice.
(C) The registration of a registered elector shall not be canceled except as provided in this section.
(D) Boards of elections shall send their voter registration information to the secretary of state as required under section 3503.15 of the Revised Code. The secretary of state may prescribe by rule adopted pursuant to section 111.15 of the Revised Code the format in which the boards of elections must send that information to the secretary of state. In the first quarter of each year, the secretary of state shall send the information to the national change of address service described in division (B) of this section and request that service to provide the secretary of state with a list of any voters sent by the secretary of state who have moved within the last twelve months. The secretary of state shall transmit to each appropriate board of elections whatever lists the secretary of state receives from that service. The board shall send a notice to each person on the list transmitted by the secretary of state requesting confirmation of the person's change of address, together with a postage prepaid, preaddressed return envelope containing a form on which the voter may verify or correct the change of address information.
(E) The registration of a registered elector described in division (A)(7) or (B)(2) of this section shall be canceled not later than one hundred twenty days after the date of the second general federal election in which the elector fails to vote or not later than one hundred twenty days after the expiration of the four-year period in which the elector fails to vote or respond to a confirmation notice, whichever is later.
(F)(1) When a registration is canceled pursuant to this section, the applicable board of elections shall send a written notice, on a form prescribed by the secretary of state, to the address at which the elector was registered, informing the recipient that the elector's registration has been canceled, of the reason for the cancellation, and that if the cancellation was made in error, the elector may contact the board of elections to correct the error.
(2) If the elector's registration is canceled in error, it shall be restored and treated as though it were never canceled.
Sec.
3503.33. (A)
If
an elector applying for registration is already registered in
another state or in
another county within this state, the elector
shall declare this fact to the registration officer and shall sign
elector's
registration application is an
authorization to cancel
transfer
the
elector's
previous
registration
on a form prescribed by the secretary of state
to the board of elections of the elector's new county.
The
director of the board (B)
When, based on the information in the statewide voter registration
database, it becomes apparent that an elector who is registered to
vote in one county has registered to vote in a new county, the
secretary of state shall instruct the boards of
elections shall
mail all such authorizations of
both counties to
the
board of elections or comparable agency of the proper state and
confirm
that the registration records are for the same elector and, if so, to
securely transmit a copy of the elector's previous registration
record to the board of elections of the elector's new county.
Upon
the receipt of this authorization from the forwarding county, the
director of a The
board
of elections in
Ohio, upon a comparison of the elector's signature with the elector's
signature as it appears on the registration files, of
the elector's previous county shall
remove the elector's previous
registration
record
from
the files,
and place it with
the cancellation authorization in
a separate file which shall be kept for a period of two calendar
years. The
board shall notify the elector at the present address as shown on the
cancellation authorization that his registration has been canceled.
(C) The secretary of state shall provide procedures for the boards of elections to follow under division (B) of this section, including procedures to ensure the secure transmission of voter registration records between the boards.
Sec. 3503.34. (A)(1) If an elector applying for registration in another state is already registered in this state, and the elector provides the elector's former residence address in this state or otherwise indicates that the elector is registered in this state and requests on the registration form that the elector's previous registration be canceled, the elector's registration application is an authorization to cancel the elector's registration in this state.
(2) Upon receiving a copy of the elector's registration application in the other state from an appropriate election official of that state, the secretary of state promptly shall transmit the application to the appropriate board of elections. The board shall compare the information in the application with the board's records and, if it determines that the elector in the board's records is the same elector who submitted the application, shall cancel the elector's registration and place it in a separate file, which shall be kept for a period of two calendar years.
(B)(1) If an elector applying for registration in this state is already registered in another state and the elector provides the elector's former residence address or otherwise indicates that the elector is registered in the other state and requests on the registration form that the elector's previous registration be canceled, the elector's registration application is an authorization to cancel the elector's previous registration. Upon processing the registration application, the board of elections shall transmit the elector's new registration record and a copy of the elector's new registration form to the secretary of state in the manner prescribed by the secretary of state.
(2) Except as otherwise provided in division (B)(3) of this section, at least once per calendar quarter, the secretary of state shall securely transmit a report to the chief election official of each state from which one or more electors has moved to Ohio since the last report was transmitted to that state under this division. The report shall include, for each elector identified as having moved to Ohio from that state since the last report was transmitted, the information in the elector's new registration record, a copy of the elector's new registration form, and any other information requested by the chief election official of that state that is necessary for voter roll maintenance.
(3) Before first transmitting a report to the chief election official of a state under division (B)(2) of this section, the secretary of state shall enter into an agreement with that chief election official for the secretary of state to transmit the reports. The secretary of state shall not transmit a report under division (B)(2) of this section to any state with which the secretary of state does not have such an agreement. The agreement shall include procedures to ensure that the information in the reports that is not a public record subject to disclosure under section 3503.13 of the Revised Code is disclosed only to the appropriate election officials in that state for the purpose of voter roll maintenance and is not inadvertently disclosed to any other person or for any other purpose.
(C) At least once per calendar quarter, the secretary of state shall submit to the general assembly a report of all of the following:
(1) The total number of electors concerning whom the secretary of state received reports from the chief election officials of other states since the last report prepared under division (C) of this section, indicating that the electors have moved to another state, and how many of those electors' registrations in this state have been canceled under division (A) of this section;
(2) The total number of electors whose information the secretary of state transmitted to the chief election officials of other states under division (B)(2) of this section since the last report prepared under division (C) of this section;
(3) The information described in division (C)(2) of this section, disaggregated by state.
Sec. 3503.35. Upon receiving notice from an appropriate election official in another state that an elector has registered to vote in that state, other than under division (A) of section 3503.34 of the Revised Code, the secretary of state shall notify the board of elections of the county in which the elector is registered to vote and the board promptly shall cancel the elector's registration.
Sec. 3517.14. (A)(1) There is in the office of the secretary of state the Ohio election integrity commission, consisting of the following five members and two alternate members:
(a) A chairperson appointed by the secretary of state;
(b) One member appointed by the speaker of the house of representatives;
(c) One member appointed by the minority leader of the house of representatives;
(d) One member appointed by the president of the senate;
(e) One member appointed by the senate minority leader;
(f) One alternate member appointed by the secretary of state;
(g) One alternate member appointed by the legislative leader of the largest political party in the senate of which the secretary of state is not a member.
(2)(a) Subject to division (A)(2)(b) of this section, each member of the commission shall be a registered elector to whom at least one of the following applies:
(i) The person is an attorney in good standing before the supreme court of Ohio.
(ii) The person has at least four years of work experience in election administration.
(b) At all times, at least three members of the commission shall be attorneys in good standing before the supreme court of Ohio. If, at any time that multiple appointments to the commission are made simultaneously, too few of the intended appointees are attorneys, the following appointing officials shall have priority in selecting their preferred appointees who are not attorneys, in the order stated, and the appointing officials with lower priority shall select appointees who are attorneys: the secretary of state, the speaker of the house of representatives, the president of the senate, the senate minority leader, and the house minority leader.
(c) Each alternate member or temporary alternate member of the commission shall be a registered elector who is an attorney in good standing before the supreme court of Ohio.
(3) The members of the commission appointed under divisions (A)(1)(a), (c), and (d) of this section shall serve initial terms of four years beginning on January 1, 2026, and the members appointed under divisions (A)(1)(b) and (e) of this section shall serve initial terms of two years beginning on January 1, 2026. Thereafter, all terms shall be four years.
(4) The alternate members of the commission shall serve initial terms ending on December 31, 2028. The next alternate members shall serve terms of two years beginning on January 1, 2029, and thereafter, all terms of alternate members shall be two years.
(B) Each member or alternate member of the commission shall hold office from the date of the member's appointment until the end of the term for which the member was appointed. A member or alternate member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. A member or alternate member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first.
(C) A vacancy on the commission may be caused by death or resignation or by removal under division (I) of this section. Any vacancy shall be filled in the same manner as for the original appointment.
(D)
(D)(1)
Each
member of the commission while in the performance of the business of
the commission shall be entitled to receive compensation at the rate
of twenty-five thousand dollars per year. Members
(2) Each alternate member or temporary alternate member of the commission shall receive compensation at the rate of five hundred dollars per matter heard under division (B) of section 3517.15 of the Revised Code.
(3) Members, alternate members, and temporary alternate members shall be reimbursed for expenses actually and necessarily incurred in the performance of their duties.
(E) No member of the commission shall serve for more than two successive terms of four years. Terms are considered successive unless separated by a period of at least four years. In determining a person's eligibility to be a member of the commission, all of the following apply:
(1) Time spent as a member in fulfillment of a term to which another person was first appointed shall not be considered, provided that a period of at least four years has passed between the time, if any, when the person previously was a member and the time the person is appointed to fulfill the unexpired term.
(2) A person who is appointed to serve a full term and resigns before completing the term is considered to have served the full term.
(3) A two-year term served under division (A)(3) of this section is considered a full term of four years.
(F)(1) No member, alternate member, or temporary alternate member of the Ohio election integrity commission shall do or be any of the following:
(a) Hold, or be a candidate for, an elected public office;
(b) Serve on a committee supporting or opposing a candidate or ballot question or issue;
(c) Be an officer of the state central committee, a county central committee, or a district, city, township, or other committee of a political party or an officer of the executive committee of the state central committee, a county central committee, or a district, city, township, or other committee of a political party;
(d) Be a legislative agent as defined in section 101.70 of the Revised Code or an executive agency lobbyist as defined in section 121.60 of the Revised Code;
(e) Solicit or be involved in soliciting contributions on behalf of a candidate, campaign committee, political party, legislative campaign fund, political action committee, or political contributing entity;
(f) Be compensated for providing goods or services to a candidate, campaign committee, political party, legislative campaign fund, political action committee, or political contributing entity;
(g) Be a person or employee who is excluded from the definition of public employee pursuant to division (C) of section 4117.01 of the Revised Code.
(2) No member, alternate member, or temporary alternate member of the commission shall make a contribution to, or for the benefit of, a campaign committee or committee in support of or opposition to a ballot question or issue, a political party, a legislative campaign fund, a political action committee, or a political contributing entity.
(G)(1) The commission shall meet at the call of the chairperson or upon the written request of a majority of the members. The meetings and hearings of the commission under sections 3517.15 to 3517.18 of the Revised Code are subject to section 121.22 of the Revised Code.
(2) The commission shall adopt rules for its procedures in accordance with Chapter 119. of the Revised Code. Four of the five members constitute a quorum. Except as otherwise provided in this section and in sections 3517.15 to 3517.18 of the Revised Code, no action shall be taken without the concurrence of a majority of the members.
(H) The secretary of state shall employ the technical, professional, and clerical employees that are necessary for the commission to carry out its duties, and the attorney general shall provide legal counsel to the commission upon the commission's request.
(I)(1) The secretary of state, the speaker or minority leader of the house of representatives, or the president or minority leader of the senate may file a complaint in the supreme court of Ohio, seeking the removal of a member, alternate member, or temporary alternate member of the commission on any of the following grounds:
(a) That the member does not meet the applicable requirements of division (A)(2) of this section;
(b) That the member has violated division (F) of this section;
(c)
That
In
the case of a regular member, that the
member has been absent from three or more meetings of the commission
in a calendar year;
(d) That the member is guilty of misconduct in office, as described in section 3.07 of the Revised Code.
(2) The court shall hear a complaint filed with it under division (I)(1) of this section on an expedited basis. If the court determines that the charges in the complaint are true, the court shall order the member removed from the commission, and the seat shall be considered vacant.
Sec. 3517.15. (A)(1) No prosecution shall commence for a violation of a provision in sections 145.054, 742.043, 3307.073, 3309.073, 3517.08 to 3517.12, 3517.13, 3517.20 to 3517.22, 3599.03, 3599.031, or 5505.045 of the Revised Code unless a complaint has been filed with the secretary of state under section 3517.16 of the Revised Code and all proceedings under sections 3517.16 to 3517.18 of the Revised Code are completed.
(2)
A complaint may be filed with the secretary of state under section
3517.16 of the Revised Code for a violation of a provision in
sections 3501.35, 3599.13, 3599.14, or 3599.21, division (A) of
section 3599.11, or division (A)(1) or (2) of section 3599.12 of the
Revised Code that occurs on or after
the effective date of this amendment
September 30, 2025.
A prosecution may commence for a violation of such a provision at any
time before or after a complaint has been filed with the secretary of
state under section 3517.16 of the Revised Code.
(B)(1) The Ohio election integrity commission shall hear all matters referred to the commission by the secretary of state under division (E)(3) of section 3517.16 of the Revised Code.
(2) No member, alternate member, or temporary alternate member of the commission shall participate in any meeting, deliberation, or vote on any matter in which the person is a party, is involved, or otherwise has a conflict of interest. A member, alternate member, or temporary alternate member shall recuse the person's self from any such matter. A member, alternate member, or temporary alternate member may recuse the person's self from any other matter to avoid any appearance of impropriety.
(3) When a member is recused under division (B)(2) of this section, the alternate member of the commission who was appointed by an authority who is a member of the same political party as the authority that appointed the recused member shall serve in the recused member's place, solely for the purpose of participating in any meeting, deliberation, or vote on the relevant matter. An alternate member shall participate in no other meeting, deliberation, or vote of the commission.
(4) When an alternate member is recused under division (B)(2) of this section or is unavailable to serve in place of a member because multiple members are recused, the authority who appointed the alternate member shall appoint a temporary alternate member to serve in the alternate member's place, solely for the purpose of participating in any meeting, deliberation, or vote on the relevant matter. A temporary alternate member shall participate in no other meeting, deliberation, or vote of the commission. The temporary alternate member's term of office ends at the disposition of the relevant matter.
(5) When a temporary alternate member is recused under division (B)(2) of this section, the authority who appointed the temporary alternate member shall appoint another temporary alternate member in accordance with division (B)(4) of this section.
(C)
The
commission may recommend legislation and render advisory opinions
concerning the provisions of the Revised Code listed in division (A)
of this section for persons over whose acts the commission has or may
have jurisdiction. When the commission renders an advisory opinion
relating to a specific set of circumstances involving any of those
sections stating that there is no violation of a provision in those
sections, the person to whom the opinion is directed or a person who
is similarly situated may reasonably rely on the opinion and is
immune from criminal prosecution and a civil action, including,
without limitation, a civil action for removal from public office or
employment, based on facts and circumstances covered by the opinion.
An advisory opinion issued by the Ohio elections commission that is
in effect as of the
effective date of this amendment September
30, 2025, is
considered an advisory opinion of the Ohio election integrity
commission, unless and until the Ohio election integrity commission
amends or rescinds the advisory opinion.
(C)
(D)
The
secretary of state and the boards of elections shall furnish the
information that the commission requests. The commission or a member
of the commission may administer oaths, and the commission may issue
subpoenas to any person in the state compelling the attendance of
witnesses and the production of relevant papers, books, accounts, and
reports. Section 101.42 of the Revised Code governs the issuance of
subpoenas insofar as applicable. Upon the refusal of any person to
obey a subpoena or to be sworn or to answer as a witness, the
commission may apply to the court of common pleas of Franklin county
under section 2705.03 of the Revised Code. The court shall hold
proceedings in accordance with Chapter 2705. of the Revised Code.
(D)
(E)
The
Ohio election integrity commission shall establish a web site on
which it shall post, at a minimum, all decisions and advisory
opinions issued by the commission, all decisions and advisory
opinions issued by the Ohio elections commission before
the effective date of this amendment
September 30, 2025,
and copies of each election law as it is amended by the general
assembly. The Ohio election integrity commission shall update the web
site regularly to reflect any changes to those decisions and advisory
opinions and any new decisions and advisory opinions.
Sec. 3517.16. (A)(1) Any person who has personal knowledge of a violation of a provision of the Revised Code listed in division (A) of section 3517.15 of the Revised Code may file a complaint with the secretary of state, on a form prescribed by the secretary of state and signed under penalty of perjury.
(2) An official at a board of elections may file a complaint with the secretary of state, on a form prescribed by the secretary of state and signed under penalty of perjury, alleging a violation of a provision of the Revised Code listed in division (A) of section 3517.15 of the Revised Code.
(3) The election integrity unit of the office of the secretary of state may initiate a complaint alleging a violation of a provision of the Revised Code listed in division (A) of section 3517.16 of the Revised Code.
(B)(1) Subject to division (F) of this section, the election integrity unit shall review each complaint filed with the secretary of state under division (A)(1) or (2) of this section. If the complaint does not allege a violation of a provision of the Revised Code listed in division (A) of section 3517.15 of the Revised Code or, in the case of a complaint filed under division (A)(1) of this section, is not based on personal knowledge, the secretary of state shall dismiss the complaint. Except as otherwise provided in division (B)(2) of this section, a dismissal under this division is without prejudice.
(2) After a complaint is dismissed under division (B)(1) of this section on the ground that the complaint is not based on personal knowledge, if the same person files another complaint alleging the same or a substantially similar violation and the complaint is not based on personal knowledge, the secretary of state shall dismiss the complaint with prejudice.
(3) If the complaint is not dismissed under division (B)(1) or (2) of this section, the election integrity unit shall investigate the complaint.
(C) Subject to division (F) of this section, the election integrity unit shall draft a report to the secretary of state concerning each complaint filed under division (A) of this section that is not dismissed under division (B) of this section. The report shall recommend that the secretary of state make a particular finding and, if applicable, impose a fine or refer the matter for prosecution, in accordance with section 3517.17 of the Revised Code.
(D) The election integrity unit may join two or more complaints if the unit determines that the allegations in each complaint are of the same or similar character, are based on the same act or failure to act, or are based on two or more acts or failures to act constituting parts of a common scheme or plan. If one complaint contains two or more allegations, the unit may separate the allegations if they are not of the same or similar character, if they are not based on the same act or failure to act, or if they are not based on two or more acts or failures to act constituting parts of a common scheme or plan. If the unit separates the allegations in a complaint, the unit may make separate recommendations under division (C) of this section for each allegation.
(E)(1) Upon receiving the recommendation of the election integrity unit under division (C) of this section, the secretary of state shall review the report and recommendation and shall do one of the following:
(a) Refer the matter back to the unit for further investigation and a revised recommendation under division (C) of this section;
(b) Make a finding in accordance with section 3517.17 of the Revised Code, and, if applicable, impose a fine or refer the matter for prosecution.
(2) The secretary of state shall serve notice of the secretary of state's decision under division (E)(1)(b) of this section on the person who is alleged to have committed the violation in accordance with section 119.05 of the Revised Code.
(3)
If
the secretary of state finds that a violation has occurred and
imposes a fine and,
within fourteen days after service of the notice is complete under
section 119.05 of the Revised Code, the person objects to the
secretary of state's decision, the secretary of state shall not
impose a
the
fine
or
refer the matter for prosecution, and
immediately shall refer the matter to the Ohio election integrity
commission for its determination under section 3517.17 of the Revised
Code.
(4)
If the
secretary of state finds that a violation has occurred and imposes a
fine and the
person does not object to the secretary of state's decision within
fourteen days after receiving the notice, the secretary of state's
decision is final and,
if applicable,
the secretary of state shall impose a
the
fine
or refer the matter for prosecution as determined under division
(E)(1)(b) of this section.
(F)(1) If any of the following apply to a complaint, the secretary of state shall proceed under division (F)(2) of this section:
(a) The secretary of state is a party to the complaint.
(b) A candidate for an office for which the secretary of state is also a candidate is a party to the complaint or is otherwise involved in the complaint.
(c) The complaint involves a contribution, expenditure, or independent expenditure made to advocate the election or defeat of the secretary of state or a candidate for an office for which the secretary of state is also a candidate.
(d) The secretary of state determines that the secretary of state otherwise has a conflict of interest with respect to the complaint or that the secretary of state should proceed under division (F)(2) of this section to avoid any appearance of impropriety.
(2) Notwithstanding any contrary provision of divisions (B) to (E) of this section, when division (F)(1) of this section applies to a complaint, the secretary of state shall request the attorney general to designate one or more persons to fulfill the duties of the election integrity unit described in divisions (B) to (D) of this section. The attorney general shall designate those persons and shall fulfill the duties of the secretary of state under divisions (B) to (D) of this section.
Section 2. That existing sections 109.71, 109.77, 2935.01, 3501.05, 3501.055, 3503.02, 3503.14, 3503.21, 3503.33, 3517.14, 3517.15, and 3517.16 of the Revised Code are hereby repealed.
Section 3. Sections 3503.14, 3503.21, 3503.33, 3503.34, and 3503.35 of the Revised Code, as amended or enacted by this act, shall be known as the Interstate Voter Assistance Act.