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DIRECTIVE 2014-34
October 23, 2014
To:
All County Boards of Elections
Directors, Deputy Directors, and Board Members
Re:
Mandatory Review of Directives Prior to Election Day
SUMMARY
This Directive provides all county boards of elections with important Directives to re-read prior
to the November 4, 2014 General Election. This is not to say that the other instructions issued by
my office are somehow less important, but I believe these Directives will help you address the
questions and issues most relevant to you as you execute your statutory duties in the coming days
and weeks.
On another note, I want to thank you for the hard work and preparation that you have put in –
and the increasingly long days you will put in – to ensure Ohioans can exercise their right to vote
and have confidence in the outcome. Thank you.
INSTRUCTIONS
Every member of a county board of elections, and every Director and Deputy Director, must reread each of the following Directives no later than Sunday, November 2, 2014:
Directive 2014-32
Official Canvass
Directive 2014-31
Unofficial Canvass and Election Night Reporting
Directive 2014-30
Uniform Days and Hours for In-Person Absentee Voting
Directive 2014-29
Access to Polling Locations and Verification of Accessible Polling
Locations
Directive 2014-23
Backup Optical Scan Ballots for Voters in Counties using DRE
Voting Machines as their Election Day Voting System for the
November 4, 2014 General Election
Directive 2014-20
Determining the Validity of Provisional Ballots
Directive 2014-34 Mandatory Review of Directives Prior to Election Day
Page 2 of 2
Directive 2014-19
Uniformed and Overseas Citizens Absentee Voting Act
(UOCAVA)
Directive 2014-18
Absentee Voting (see also, Directive 2014-27)
Directive 2012-46
Security
Directive 2012-29
Voting Location Conduct1
Directive 2012-22
Remaking Optical Scan Ballots
Directive 2012-21
Observers (see also, Directive 2012-21-2)
Directive 2011-33
Directing Voters to the Correct Precinct and Voting Location
Directive 2008-80
Voter Identification Requirements2
Directors, Deputy Directors, and Board Members, should also review the Secretary of State’s
Precinct Election Official Manual for November 4, 2014, keep a copy of the Secretary of State’s
Precinct Election Official Quick Reference Guide for November 4, 2014 with them on Election
Day, and familiarize themselves with Directive 2014-13 (Recounts).
If you have any questions about this Directive, or the November 4, 2014 General Election
generally, please do not hesitate to contact the Secretary of State’s elections counsel assigned to
your county at (614) 466-2564 or (614) 466-2585.
Sincerely,
Jon Husted
1
2
Please note that Directive 2012-29 should not be construed to require that members of the media obtain consent
from voters who merely appear in the background or in wide-angle or ‘crowd shot’ images of polling places.
Rather, members of the media are only required to obtain consent from an individual voter who will be the subject
of an individual interview.
Directive 2008-80 was adopted as part of a court order in Northeast Ohio Coalition for the Homeless, et. al., v.
Brunner (“NEOCH”).
DIRECTIVE 2014-32
October 14, 2014
To:
All County Boards of Elections
Directors, Deputy Directors, and Board Members
Re:
Official Canvass for the November 4, 2014 General Election
SUMMARY
This Directive outlines the procedures that all boards of elections must follow in conducting the
official canvass of the November 4, 2014 General Election.
INSTRUCTIONS
I.
TIMELINE FOR OFFICIAL CERTIFICATION
Boards of elections may begin the official canvass of the general election no earlier than
the 11th day after the election (Saturday, November 15, 2014), and must begin no later than
the 15th day after the election (Wednesday, November 19, 2014). Each board of elections
must complete its official canvass and certify the results no later than the 21st day after the
election (Tuesday, November 25, 2014).1
II.
PERMISSIBLE PRE-CANVASS ACTIVITY
A. Provisional Ballot Review
The Board must verify the eligibility of persons who cast provisional ballots and the
validity of the required provisional voter statements in preparation for the official canvass.
Procedures for determining the validity of provisional ballots are provided in Directive
2014-20. Prior to the start of the official canvass, board personnel determining preliminary
eligibility of provisional ballots may group provisional ballots by category to be later voted
upon by the Board.
Reminders:
1. Boards of elections must determine the eligibility of every provisional ballot
cast in that county before the Board may open and canvass any provisional
ballot.2
1
2
R.C. 3505.32(A).
R.C. 3505.183(F).
Directive 2014-32 Official Canvass for the November 4, 2014 General Election
Page 2 of 7
2. Observers may be present, as provided by law, while the Board determines the
eligibility of provisional ballots.3
B. Document Review
Prior to November 15, 2014, a board of elections must examine its poll books, poll lists or
signature poll books, and tally sheets, and compare the information contained in those
documents to the summary statements prepared by the precinct election officials.4 The
Board must note and reconcile any error, defect, or omission that it detects during its
examination of those records.
III. INSTRUCTIONS FOR OFFICIAL CERTIFICATION
A. All Voting Systems
All valid ballots cast in the general election – including eligible ballots cast at the polling
places on Election Day, eligible provisional ballots, and eligible absentee ballots – must be
included in the official canvass.
Each board of elections must test its automatic tabulating equipment before starting the
count and after concluding the count, to verify the central tabulation system’s accurate
count of the votes cast for all offices and on all questions and issues.5 Directive 2008-90
provides detailed instructions for conducting the tests.
B. Tabulation Instructions for Ballots Containing Votes NOT Included in the
Unofficial Canvass
The board of elections first must tally all eligible ballots that were not included in its
unofficial canvass.6 Those ballots include the following: provisional ballots;7 absentee
ballots postmarked on or before November 3, 2014 that had not been received by the
closing of the polls, but were received by November 14, 2014;8 timely mailed in-country
uniformed service, out-of-country uniformed service, or overseas voter absentee ballots
that had not been received as of the closing of the polls but were received not later than
November 14, 2014;9 and challenged ballots the Board has determined are eligible.10
The board of elections must designate teams having an equal number of individuals from
each major political party to inspect and/or tabulate the ballots in accordance with the
inspection and tabulation instructions for central count optical scan ballots provided in
Directive 2014-31 (Unofficial Canvass).
3
R.C. 3505.183(F); 3505.21.
R.C. 3505.32(D).
5
R.C. 3506.14(B).
6
R.C. 3505.32(C).
7
R.C. 3505.183(F).
8
R.C. 3509.05(B).
9
R.C. 3511.11(C).
10
R.C. 3503.24(D)(1); R.C. 3505.27.
4
Directive 2014-32 Official Canvass for the November 4, 2014 General Election
Page 3 of 7
C. Tabulation of Results for the Official Certification
After tabulating all ballots that were not included in the unofficial canvass, the board of
elections must continue the official canvass process as follows:
1. Optical Scan Ballots
The Board must:
o Upload the memory cards containing votes that were centrally counted during
the unofficial canvass (a county using a GEMS server may “re-import” the
data containing votes that were centrally counted during the unofficial canvass
in lieu of using external media, if the system is capable of doing so, or by
rescanning all of the ballots);
o Upload the precinct/polling place memory cards containing votes that were
counted during the unofficial canvass, if applicable; and
o Verify the count matches the unofficial count.
If the count does not match the unofficial count, the Board must contact a Secretary
of State’s Elections Administrator before continuing the canvass.
If the counts match, the Board must combine the results of the re-run memory card
tabulation of the unofficial canvass with the results of those ballots that had not
been included in the unofficial canvass.
2. Direct Recording Electronic Voting Machines (DREs)
The Board must:
o Upload the precinct cartridges, PCMCIA cards, and/or other removable
memory devices containing votes that were counted during the unofficial
canvass; and
o Verify the count matches the unofficial count.
If the count does not match the unofficial count, the Board must contact a Secretary
of State’s Elections Administrator before continuing the canvass.
Note: The seal on the canister or the tape on the voter verified paper audit
trail (VVPAT) shall not be broken to determine official results. If the
seal must be broken for any auditing reason, other than for recount
purposes or a statewide post-election audit as prescribed by the
Secretary of State, the Board must notify the Secretary of State’s
Elections Division before proceeding.
If the counts match, the Board shall combine the re-run results of the unofficial
canvass with the results of those ballots that had not been included in the unofficial
canvass.
Directive 2014-32 Official Canvass for the November 4, 2014 General Election
Page 4 of 7
D. Tie Votes (Candidate Contest Only)
If, after canvassing all votes, more than the number of candidates to be elected to an office
received the largest and an equal number of votes, the chairperson of the board of elections,
in the presence of a majority of the board members at a properly noticed public meeting of
the Board, shall break the tie by lot11 and declare the winner before the Board certifies the
results of the election for that office and orders a recount.12
A majority of the board members must sign the declaration, which must be dated. The
Board may not authorize the use of digital or stamped signatures for this declaration. The
Board must post a copy of the declaration in a conspicuous, accessible place in the board
office for at least five days.13
IV. FORMS FOR OFFICIAL CERTIFICATION
Templates for reporting results to the Secretary of State’s Office and, in some instances, to
other boards of elections or public agencies will be forwarded under separate cover.
Additionally, because state law requires the Secretary of State to publish a report on the
number of absentee and provisional ballots cast and counted,14 each board of elections must
provide supplemental data.15
All certifications and reports must be signed by the appropriate board personnel before
being submitted to the Secretary of State’s Office, to another board of elections, or to
another public entity. The Board may not authorize the use of digital or stamped signatures
for these reports. Each board of elections must submit the signature form, which will be
provided under separate cover, for the purpose of certifying the Official Election Results
including Valid Write-In Vote Totals, the Supplemental Reports for Absentee Ballots and
Provisional Ballots and the Ballots Cast by Precinct to the Secretary of State’s Office.
A. Certification of Official Summary Results to the Secretary of State16
1. After a Board has completed its official canvass, it must email the Secretary of State’s
Office and attach a copy of the official vote total summary report generated by the
Board’s voting system. This report must be clearly labeled “<County>’s Official
Canvass” and must contain only vote totals for that county.
2. A separate write-in tally must be provided that records the official canvass of the
number of valid votes cast for write-in candidates, if applicable, using a reporting
form that will be provided under separate cover. Reporting to the Secretary of State
11
R.C. 3505.33. Examples of methods used to break a tied candidate race “by lot” include, but are not limited to,
the chairperson flipping a coin, drawing straws, picking a name written on paper out of a hat, or cutting cards.
12
By contrast, a Board does not break a tie in the case of a ballot issue that received an equal number of votes for
and against the issue; that issue failed by operation of law, because it did not receive a majority of affirmative
votes. A tie in an issue election results in the failure of the issue.
13
R.C. 3505.33.
14
R.C. 3501.05(Y).
15
R.C. 3501.11(P).
16
R.C. 3505.33; R.C. 3505.36.
Directive 2014-32 Official Canvass for the November 4, 2014 General Election
Page 5 of 7
the official canvass of valid votes for write-in candidates does not need to be detailed
to the precinct-level.
3. The board of elections for the most populous county of any jurisdiction must generate
a separate report from its voting system, create a report outside of its voting system,
or use a reporting form that will be provided under separate cover for this purpose.
This report must be clearly labeled “<County>’s Official Canvass – Most Populous
County.” The report must include the total number of votes recorded for the office,
question or issue from each county in the multi-county jurisdiction and the sum total
for all counties. The contest(s) for which a Board is the most populous county must
be marked to clearly identify it as a contest containing vote totals from other counties.
B. Certification of Official Summary Results to Senate President17
Each board of elections must send to the President of the Senate a copy of the Board’s
official results (see IV.A.1., above) for the joint offices of Governor and Lieutenant
Governor, and the offices of Attorney General, Auditor of State, Secretary of State,
Treasurer of State, and Justices of the Ohio Supreme Court.
In addition, the most populous county of a district contest for U.S. House of
Representatives must send a copy of its official, district-wide results for that district contest
to the President of the Senate.
Official results for the President of the Senate must be sent to:
President of the Ohio Senate
Ohio Statehouse
1 Capitol Square, 2nd Floor
Columbus, Ohio 43215
C. Certification of Official Summary Results for Local Liquor Option Questions
Each board of elections must send a completed copy of SOS Form 126-B to the Secretary
of State’s office (via email to [email protected]) and a copy of the
completed form to the Ohio Division of Liquor Control18 at the following address:
Division of Liquor Control
6606 Tussing Road
Reynoldsburg, Ohio 43068
D. Absentee and Provisional Ballot Supplemental Report
Each board of elections must provide supplemental data for absentee and provisional
ballots. The reporting form will be sent under separate cover.
17
18
R.C. 3505.33.
R.C. 4301.39(A).
Directive 2014-32 Official Canvass for the November 4, 2014 General Election
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E. Electronic Precinct-Level Official Abstract
Each board of elections must upload an electronic precinct-level abstract of votes to the
Secretary of State on Tuesday, December 2, 2014. The upload tool will allow you to do this
efficiently and without data entry errors. You must use the file format provided by
Secretary of State’s Office. If you have any questions regarding the electronic precinctlevel abstract, contact Tom Sheridan at [email protected].
Additionally, boards of elections are required to provide, via email, a separate report from
the county’s central tabulating system detailing turnout by precinct.
V.
TIMELINE FOR REPORTS
The Secretary of State’s Office must receive each board of elections’ properly
completed certification, signature form, report forms, electronic precinct-level
abstract (via upload), and electronic turnout detail by precinct (via email) on
Tuesday, December 2, 2014.
Submit completed forms to Kathy Malott via email to [email protected].
Every board of elections must maintain at its office a copy of each of its completed
certification and report forms.
VI.
CERTIFICATES OF ELECTION19
Boards of elections shall issue certificates of election to each person who the Board had
declared elected at the November 4, 2014 General Election, except that


The Board of elections in the most populous county of a multi-county district shall
issue the certificates of election for that district except for the offices of
representative to congress and member of the state board of education; and
The Secretary of State shall issue certificates of election for statewide offices,
offices of representative to congress, and offices of state board of education.
Certificates of election shall not be issued before the expiration of the time by which
applications for recounts may be made. Boards of elections may not issue a certificate of
election in a contest for which a recount is requested, or conducted automatically, until
after the recount is complete.
VII. RECOUNTS
Do not delay submitting the official certification forms due to a recount for any race or
issue. Before scheduling and conducting a recount, please review the procedures set forth
in state law.20
19
20
R.C. 3505.38
R.C. 3515.01 - .072.
Directive 2014-32 Official Canvass for the November 4, 2014 General Election
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If any recount is to be conducted, please send notice of the recount to Melanie Poole via
email to [email protected]. If the recount to be conducted is of a multicounty jurisdiction, the Secretary of State’s Office will issue the notice of recount upon
notification by the most populous county. If a recount should result in vote totals changing,
the board of elections must submit a properly completed and signed amended certification.
VIII. VOTER HISTORY
All Boards must upload voter history for the November 4, 2014 General Election to the
Statewide Voter Registration Database (SWVRD) no later than Friday, January 9, 2015.
Counties with more than 100,000 registered voters must contact Robin Fields at
[email protected] to schedule their upload.
For purposes of assigning voter history, a voter record should be marked as having voted in
the November 4, 2014 General Election, only if any of the following are true:



The voter signed the signature poll book on Election Day; or
The voter timely returned the identification envelope purporting to contain the
voter’s marked absentee ballot (including UOCAVA and FWAB), regardless of
whether the ballot is eligible to be counted; or
The voter is an eligible elector of the state of Ohio and cast a provisional ballot,
regardless of whether the ballot is eligible to be counted.
If you have any questions regarding this Directive, please contact the Secretary of State’s
elections counsel assigned to your county at (614) 466-2585.
Sincerely,
Jon Husted
DIRECTIVE 2014-31
October 3, 2014
To: All County Boards of Elections
Directors, Deputy Directors, and Board Members
Re: Unofficial Canvass – November 4, 2014 General Election
SUMMARY
This Directive outlines the procedures that all boards of elections must follow when conducting
the unofficial canvass of the November 4, 2014 General Election.
To assist boards of elections with any problems, questions, or concerns that may arise on
Election Day, the Secretary of State’s Office will be staffed on Election Day from 6:00 a.m. until
all Boards have reported their unofficial results to our office. As in the past, Boards will be
provided with a special telephone number for contacting the Secretary of State’s Office.
All Boards must ensure that they are able to receive emails and other communications sent from
the Secretary of State’s Office on Election Day (including after the polls close).
I.
UNOFFICIAL CANVASS
The unofficial canvass of the November 4, 2014 General Election must be conducted on
election night in accordance with state law.1 The unofficial canvass must be conducted in full
view of the members of the board of election and any observer appointed in accordance with
R.C. 3505.21.2 The counting of ballots for the unofficial canvass must be continuous.3
The unofficial canvass must include all ballots that the board of elections has determined to
be eligible to be counted on election night; i.e., all regular ballots cast at polling locations
using the county’s primary voting system, any back-up paper ballots, and all valid absentee
ballots received before the closing of the polls.4
The unofficial canvass shall not include ballots that are ineligible, as defined by state law, to
be counted on election night; i.e., provisional ballots, absentee ballots rejected due to a
statutory deficiency, and absentee ballots that were timely mailed but which had not been
received as of the closing of the polls.5
1
R.C. 3505.27 (counting regular ballots that were cast at precinct polling locations); R.C. 3505.28 (regular ballots
not counted); R.C. 3509.06 (counting absentee ballots); R.C. 3509.07 (absentee ballots not counted); R.C. 3511.113511.13 (uniformed service and overseas voter absentee ballots).
2
R.C. 3505.27.
3
R.C. 3505.27; R.C. 3505.29; R.C. 3505.30.
4
.R.C. 3505.27-3505.28; R.C. 3509.06-3509.07; R.C. 3511.11-3511.13.
5
R.C. 3505.183(D); R.C. 3505.28; R.C. 3505.32; R.C. 3509.05(B)(1); 3509.07.
Directive 2014-31 Unofficial Canvass - November 4, 2014 General Election
II.
Page 2 of 9
PERIODIC REPORTING REQUIREMENTS FOR ELECTION NIGHT
State law requires that all boards of elections provide regular periodic election results for
specified contests to the Secretary of State’s Office.6 All counties must use the upload tool
used statewide for the 2014 primary election to provide summary results to fulfill this
statutory requirement.
Although all counties will have access to hand-key the results at the time frames below, the
upload tool will allow you to do this more efficiently and without data entry errors. Prior to
Election Day, you will receive a shipment of USB thumb drives for use on election night to
ensure the security of your central tabulating system.
As in the past, unofficial election results provided to the Secretary of State’s Office will be
summary only, rather than precinct-level. Precinct-level results will be uploaded by boards of
elections for the official canvass.
A. Reporting Absentee Ballot Results
You must upload vote totals for absentee ballots by 7:45 p.m. unless your voting
system is technologically unable to do so. If necessary, you may upload partial absentee
results (e.g., for GEMS users who were unable to scan all absentee ballots prior to
starting the central tabulation of precinct cards). If you upload partial absentee results at
7:45 p.m., you must ensure that you do not double report the initial upload. Contact your
voting system vendor if you need assistance.
Be sure to enter zero precincts reporting if the results do not include any results from
Election Day precincts when you upload your absentee results.
Remember, you may begin “processing,” which includes “scanning,” absentee ballots
beginning 10 days before the election. You may not, however, “tabulate” any absentee
ballot prior to 7:30 p.m. on Election Day. See III.A.2. below.
B. Maximum Time Between Reports
Once your first Election Day precinct has reported, you must begin uploading
summary election results. Do not wait until you have 10 or some other minimum
number of precincts to report together. After you have uploaded your first summary
election results, you must report on the following time-increment assigned to your
county:
1. “Quarter-Hour” Counties
“Quarter-Counties (assigned to Pat Currie) are: Allen, Butler, Clark, Clermont,
Cuyahoga, Delaware, Fairfield, Franklin, Greene, Hamilton, Lake, Licking, Lorain,
6
R.C. 3505.27(C).
Directive 2014-31 Unofficial Canvass - November 4, 2014 General Election
Page 3 of 9
Lucas, Mahoning, Medina, Montgomery, Portage, Stark, Summit, Trumbull, Warren,
and Wood.
“Quarter-hour” counties must report at each quarter hour (e.g., 7:45 p.m., 8:00 p.m.,
8:15 p.m., 8:30 p.m., 8:45 p.m., etc.), beginning with the quarter hour that follows the
upload of the Board’s first summary election results, and continuing until all precincts
have reported.
If, as you approach full reporting, one or more precincts have not reported, and it has
been more than 30 minutes since your last report, you must notify Pat Currie. Once
you have 100% precincts reporting, do not delay entering final vote tallies into the
ENR system. You do not have to wait until your designated reporting time (noted
above) when reporting final results.
2. “Half-Hour” Counties
“Half-Hour” counties (assigned to Bronwen Evener) are: Ashtabula, Athens,
Belmont, Columbiana, Erie, Geauga, Hancock, Jefferson, Knox, Lawrence, Marion,
Miami, Muskingum, Richland, Ross, Sandusky, Scioto, Tuscarawas, Washington, and
Wayne.
“Half-hour” counties must report at each half-hour (e.g., 8:00 p.m., 8:30 p.m., 9:00
p.m., etc.), beginning with the half-hour that follows the upload of the Board’s first
summary election results, and continuing until all precincts have reported.
If, as you approach full reporting, one or more precincts have not reported, and it has
been more than 60 minutes since your last report, you must notify Bronwen Evener.
Once you have 100% precincts reporting, do not delay entering final vote tallies into
the ENR system. You do not have to wait until your designated reporting time (noted
above) when reporting final results.
3. “Hourly” Counties
“Top-of-the-hour” counties (e.g., 8:00 p.m., 9:00 p.m., etc.) (assigned to Joy West)
are: Ashland, Auglaize, Brown, Champaign, Clinton, Crawford, Darke, Defiance,
Fulton, Guernsey, Highland, Huron, Logan, Mercer, Morrow, Ottawa, Pickaway,
Preble, Seneca, Shelby, Union, and Williams.
“Bottom-of-the-hour” counties (e.g., 8:30 p.m., 9:30 p.m., etc.) (assigned to Robin
Fields) are: Adams, Carroll, Coshocton, Fayette, Gallia, Hardin, Harrison, Henry,
Hocking, Holmes, Jackson, Madison, Meigs, Monroe, Morgan, Noble, Paulding,
Perry, Pike, Putnam, Van Wert, Vinton, and Wyandot.
“Hourly” counties must report summary election results at the top or bottom of every
hour and continuing until all precincts have reported. If you report more frequently,
you must still report on the hour.
Directive 2014-31 Unofficial Canvass - November 4, 2014 General Election
Page 4 of 9
If, as you approach full reporting, one or more precincts have not reported, and it has
been more than 60 minutes since your last report, you must notify the assigned
Secretary of State contact. Once you have 100% precincts reporting, do not delay
entering final vote tallies into the ENR system. You do not have to wait until your
designated reporting time (noted above) when reporting final results.
Contact information for Secretary of State personnel will be provided under separate
cover prior to Election Day.
C. Supplemental Statistics
You must provide “supplemental statistics” when you report your last precinct or shortly
thereafter. Do not delay reporting vote totals only because the supplemental statistics are
not yet available; upload the election results, then return when the supplemental statistics
are complete. Do not delay reporting vote totals or supplemental statistics because you
have not completed ballot reconciliation procedures.
You must provide the supplemental statistics before the Board and its employees disband
following completion of the unofficial canvass. The supplemental statistics you are
required to report are:

Counted Ballots
o Total number of regular ballots counted from Election Day precincts (do not
include absentee).
o Total number of non-UOCAVA absentee ballots counted.
o Total number of UOCAVA absentee ballots counted.
o Total number of absentee ballots counted.
o Total regular and absentee ballots counted.

Outstanding Ballots (ballots issued but not yet counted)
o Total number of outstanding non-UOCAVA absentee ballots issued by the
Board, but not returned.
o Total number of outstanding UOCAVA absentee ballots issued by the Board,
but not returned.
o Total number of outstanding absentee ballots (issued by BOE but not returned
by close of polls).
o Total number of provisional ballots issued on Election Day.
o Total number of provisional ballots issued before Election Day, but after close
of registration at the board office.
o Total number of provisional ballots issued at the polls or the board office.
III. UNOFFICIAL CANVASS PROCESS AND PROCEDURES
A. Processing and Tabulation Instructions for Optical Scan Ballots
Each board of elections must test its automatic tabulating equipment prior to the start of
the count, and again at the conclusion of the count, to ensure the accurate counting of the
Directive 2014-31 Unofficial Canvass - November 4, 2014 General Election
Page 5 of 9
votes cast for all offices and on all questions and issues.7 Directive 2008-90 provides
detailed instructions for conducting the tests.
The board of elections must designate teams having an equal number of individuals from
each major political party to inspect and/or tabulate the ballots as follows:
1. Optical Scan - Precinct Count (ballots tabulated in the precincts)
Verify that the memory card(s) and a corresponding report of results from each
precinct are received. Tabulate votes cast that are stored on each memory card.
Any ballot, other than a provisional ballot, that was cast at the precinct, but was not
fed into the precinct-based optical scanner, should be processed or scanned in the
manner described below for central count ballots, including inspecting and remaking
a ballot as prescribed by Directive 2012-22 (e.g., a curbside ballot or a ballot placed
into the emergency slot of the ballot box during rare instances that the precinct-based
scanner was offline, etc.).
2. Optical Scan - Central Count (ballots tabulated at the board of elections)
Beginning 10 days before Election Day, absentee ballots may be scanned, but must
not be tabulated.
Inspect every ballot that the tabulator rejects to determine the cause(s) of rejection,
including the following:

The ballot is folded, torn, or mutilated;

The ballot contains misaligned timing marks;

The voter consistently failed to follow marking instructions; and/or

The ballot contains one or more over-votes.
State law provides standards and definitions to ensure uniform application for ballots
that were rejected by the central count tabulator such that any of the following marks,
if made in a consistent manner throughout an optical scan ballot, must be counted as a
valid vote: 8
7
8

A candidate, question, or issue choice that has been circled by the voter;

An oval beside the candidate, question or issue choice that has been circled by
the voter;

An oval beside the candidate, question or issue choice that has been marked
by the voter with an “x,” a check mark, or other recognizable mark; and/or

A candidate, question or issue choice that has been marked with a writing
instrument that cannot be recognized by automatic tabulating equipment.
R.C. 3506.14(B).
R.C. 3506.21.
Directive 2014-31 Unofficial Canvass - November 4, 2014 General Election
Page 6 of 9
Remake any ballot where the marks noted above are made in a consistent manner, so
that the ballot may be processed by a tabulator. Refer to Directive 2012-22 and the
instructions in the previous section for more information on the proper procedures to
remake an optical scan ballot.

An over-vote exists when the Board determines the tabulator rejected the
ballot because the voter marked the ballot more than the permissible number
of times for a particular contest. No vote is tallied from that ballot for that
contest. However, the Board must examine the ballot to identify any other
reason for tabulator rejection.

An over-vote does not exist if the Board determines that a voter filled in the
oval next to a candidate for an office and also cast a write-in vote for that
same candidate for the same office by filling in the oval next to the blank
space provided for write-in candidates. That ballot should be set aside and
remade in accordance with the instructions in the “Tabulation Instructions for
Ballots with Write-In Candidates” section, below, of this Directive.
B. Processing and Tabulating Instructions for Direct Recording Electronic Machines
(DRE)

Verify that cartridges, PCMCIA cards, or other removable memory devices, and a
corresponding report, are received from each precinct.

Tabulate votes cast that are stored on cartridges, PCMCIA cards, or other removable
memory devices.
Note: The seal on the canister or the tape on the voter verified paper audit trail
(VVPAT) shall not be broken to determine unofficial results. If the seal
must be broken for any reason other than for recount purposes or a
statewide post-election audit as prescribed by the Secretary of State,
board personnel must notify the Secretary of State’s Elections Division
before proceeding.
C. Tabulation Instructions for Ballots with Write-In Candidates
Ballots containing potential write-in votes should be segregated for inspection. Inspection
and tabulation of potential write-in votes should be made by a designated team or teams
consisting of election officials, not more than half of whom on any given team is of the
same political party.
If the voter has written in an eligible write-in candidate’s first and last names, the board
of elections must count this as a valid write-in vote. In this case, the Board shall follow
the manual hand count instructions explained in Directive 2008-34.
If the voter has written in part of an eligible write-in candidate’s name, the board of
elections must count a vote in which a voter has written in only the first or last name of
the candidate, if there is only one eligible write-in candidate with that first or last name.
Directive 2014-31 Unofficial Canvass - November 4, 2014 General Election
Page 7 of 9
In either case, or if there are two or more write-in candidates with the same first or last
name, the voter must provide sufficient information for election officials to determine the
voter's intent in order for the vote to be counted.
When conducting hand counts of ballots, boards of elections must follow the instructions
provided in Directive 2008-34.
A Board may report as its unofficial canvass for write-in candidates the write-in vote
totals reported by the voting system, which is a count of the number of times write-in
votes for that contest were recorded, regardless of whether the vote was for an eligible
write-in candidate. However, the unofficial canvass must include only valid write-in
votes for eligible write-in candidates when:

The only candidates for a given contest are write-in candidates and there are more
write-in candidates than the number of candidates to be elected; or

The number of times write-in votes for that contest were recorded, regardless of
whether it was recorded for an eligible write-in candidate, is greater than or equal
to the number of votes recorded for a candidate whose name is printed on the
ballot.
1. Write-In Candidates on Optical Scan Ballots
A voter’s selection of a candidate whose name is printed on the ballot and the
selection of, and the writing in of, the name of a write-in candidate (other than an
optical scan ballot that is to be centrally counted), invalidates the voter’s vote in that
contest, as the voter has over-voted by marking more choices than permitted for a
particular contest. See Directive 2012-22.
2. Write-In Candidates on Direct Recording Electronic Machines (DRE)
To tally the number of votes for eligible write-in candidates, the board of elections
may use the summary reports produced by each individual DRE or group of DREs,
additional reports created by the precinct election officials as may be required by the
board of elections, or may upload to the central tabulation system the removable
electronic storage media from the voting machines.
IV. FINAL REPORTS
A. Reporting Summary Results for Multi-County Jurisdictions9
A board of elections of a less populous county (i.e., an overlapping county) of a multicounty jurisdiction (for an office, question or issue) must report its county’s results to the
board of elections of the most populous county of the jurisdiction before closing its office.
The Board of the less populous county must report the results by email. It is imperative
that the Board of the less populous county make a final report to the board of elections of
the most populous county of the jurisdiction before the board members of the less
populous county separate or adjourn.
9
R.C. 3505.30.
Directive 2014-31 Unofficial Canvass - November 4, 2014 General Election
Page 8 of 9
The Board for the most populous county of a multi-county jurisdiction (for an office,
question or issue) must file an aggregated final unofficial canvass that includes the votes
from all counties in the jurisdiction no later than 10:00 a.m. the day following the
election. The Board may use a report from their central tabulating system, create a report
outside of their central tabulating system, or use a reporting form that will be provided
under separate cover for this purpose. The report must include the total number of votes
recorded for the office, question or issue from each county in the multi-county
jurisdiction and the sum total for all counties.
Note: The board of elections in the most populous county must initiate contact with
the other boards of elections in the multi-county jurisdiction to pre-arrange the
method of reporting, the email address for reporting, and exchange after-hours
office numbers to reach the other Board(s) during tabulation and the cell phone
number for the Director, Deputy Director, and Board Chairman. If the most
populous county fails to initiate contact before Election Day, the other board(s)
of elections in the multi-county jurisdiction must contact the most populous
county for the information above.
B. Final Summary Reports10
All final summary reports must be transmitted to the Elections Division via email to
[email protected]. A signature form, which must be signed by the
Director, Deputy Director, and each board member present for the unofficial canvass,
will be provided under separate cover. The Board may not authorize the use of digital or
stamped signatures for these reports.
1. On Election Night, after a Board has completed its unofficial canvass, it must email
the Secretary of State’s Office and attach a copy of the unofficial vote total summary
report generated by the Board’s voting system. This report must be clearly labeled
“<County>’s Unofficial Canvass” and it must contain only vote totals for that
county.
2. By 10:00 a.m. the day after the election, each board of elections must submit a tally
of valid votes for write-in candidates, if applicable, using a reporting form that will be
provided under separate cover.
3. By 10:00 a.m. the day after the election, the Board of the most populous county of
any multi-county district must generate a separate summary report showing the
combined vote totals for its county and each overlapping county that report to the
most populous county for that contest. This report must be clearly labeled
“<County>’s Unofficial Canvass – Majority County.” The Board may use its voting
system, SOS Form, or some other method to provide this information.
4. By 10:00 a.m. the day after the election, the Board of the most populous county of
any multi-county district, with write-in candidates described under III.C., above, must
submit a tally of the combined valid votes for write-in candidates from its county and
each overlapping county that report to the most populous county for that contest. The
10
R.C. 3505.30.
Directive 2014-31 Unofficial Canvass - November 4, 2014 General Election
Page 9 of 9
contest(s) for which a Board is the most populous county must be marked to clearly
identify it as a contest containing vote totals from other counties.
If you have any questions regarding this Directive, please contact the Secretary of State’s
elections counsel assigned to your county at (614) 466-2585.
Sincerely,
Jon Husted
DIRECTIVE 2014-30
September 29, 2014
TO:
ALL COUNTY BOARDS OF ELECTIONS
Directors, Deputy Directors, and Board Members
RE:
Uniform Days and Hours for In-person Absentee Voting
BACKGROUND
Earlier today, the United States Supreme Court stayed the district court’s preliminary injunction
of Am. S.B. 238 and Directive 2014-17. As such, Directive 2014-28 is rescinded. This
Directive represents the same schedule as Directive 2014-17 for the November 4, 2014 general
election. A copy of the Order staying the injunction is attached.
INSTRUCTIONS
As such, Boards of Elections are instructed to adopt the following as their business hours for inperson absentee voting for the November 4, 2014 general election:
1

Weeks One and Two of Voting (beginning with the day after the close of registration for
the election,1 except any holiday established by state law2)
o 8:00 a.m. to 5:00 p.m. on each weekday (Monday through Friday)

Week Three of Voting
o 8:00 a.m. to 5:00 p.m. on each weekday (Monday through Friday)
o 8:00 a.m. to 4:00 p.m. on Saturday

Week Four of Voting
o 8:00 a.m. to 5:00 p.m. on each weekday (Monday through Friday)
o 8:00 a.m. to 4:00 p.m. on the Saturday before the election3
o 1:00 p.m. to 5:00 p.m. on the Sunday before the election4
R.C. 3509.01(B) and R.C. 3511.10, as amended. See, Am. S.B. 238 (130th General Assembly).
R.C. 1.14.
3
Obama for America v. Husted, Case No. 2:12-cv-636, June 11, 2014 Memorandum Opinion and Order, pgs. 7-8.
4
Id.
2
Directive 2014-30 Uniform Days and Hours for In-person Absentee Voting

Page 2 of 2
Week of Election Day
o 8:00 a.m. to 2:00 p.m. on the Monday before the election5
Any voter in line at the end of these regular business hours must be permitted to make the voter’s
application and vote.6
If you have any questions concerning this Directive, contact the Secretary of State’s elections
attorney assigned to your county at (614) 466-2585.
Sincerely,
Jon Husted
5
6
Id.
R.C. 3509.01(B)(3).
(ORDER LIST:
573 U.S.)
MONDAY, SEPTEMBER 29, 2014
ORDER IN PENDING CASE
14A336
HUSTED, OH SEC. OF STATE, ET AL. V. NAACP, ET AL.
The application for stay presented to Justice Kagan and by
her referred to the Court is granted, and the district court’s
September 4, 2014 order granting a preliminary injunction is
stayed pending the timely filing and disposition of a petition
for a writ of certiorari.
Should the petition for a writ of
certiorari be denied, this stay shall terminate automatically.
In the event the petition for a writ of certiorari is granted,
the stay shall terminate upon the sending down of the judgment of
this Court.
Justice Ginsburg, Justice Breyer, Justice Sotomayor, and
Justice Kagan would deny the application for stay.
DIRECTIVE 2014-29
September 19, 2014
To:
All County Boards of Elections
Directors, Deputy Directors, and Board Members
Re:
Access to Polling Locations and Verification of Accessible Polling Locations
SUMMARY
All county boards of elections are required by both state and federal law to provide polling
locations that are accessible to people with disabilities. People with disabilities must have the
opportunity to vote privately and independently just as any other voter in the state of Ohio. All
county boards of elections must verify before each election that their polling locations are
accessible including having the appropriate accessible parking for voters with disabilities.
This Directive replaces Directive 2012-09 and builds upon the accessibility requirements
included as a component of Directive 2014-16 (Election Administration Plans).
BACKGROUND
The Americans with Disabilities Act (ADA) was enacted by Congress on July 26, 1990, creating
standards for accessibility, including voting locations. The Help America Vote Act (2002)
authorized federal appropriations to the states to ensure that “polling places, including the path of
travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with
disabilities, including the blind and visually impaired, in a manner that provides the same
opportunity for access and participation (including privacy and independence) as for other
voters.”1
Additionally, R.C. 3501.29(B) requires county boards of elections to ensure that polling
locations:




1
Are free from barriers that would interfere with a handicapped person entering or exiting;
Have sufficient handicapped parking spaces;
Have level entrances or non-skid ramps that meet state law and ADA requirements; and
Have doorways that are a minimum of 32 inches wide.
Help America Vote Act (2002), Sec. 261.
Directive 2014-29 Access to Polling Locations and Verification of Accessible Polling Locations
Page 2 of 3
INSTRUCTIONS
I. VOTING LOCATIONS TO BE ACCESSIBLE TO VOTERS WITH DISABILITIES
To determine if a polling location is free of barriers to access by people with disabilities and
in compliance with federal and state law, county boards of elections must always use the
most recent version of the Secretary of State’s Polling Place Accessibility Checklist and
Accessible Parking Guide to evaluate every polling location in its county upon selection of
that location as a polling place. Whenever a revised checklist is published by the Secretary of
State’s Office, all polling places should be re-evaluated using that checklist prior to the next
regular general election.
All county boards of elections must maintain a file of its completed checklists and must
develop an internal procedure for periodic review of all voting locations to confirm
accessibility or the necessity for appropriate remediation strategies. All polling places should
be reviewed for accessibility at least once every two calendar years if not more frequently.
In developing its file of completed checklists, boards of elections are encouraged to consider
the Presidential Commission on Elections Administration’s recommendation that local
election officials also “maintain a diagram of every polling place … to include at a
minimum: room dimensions, location of power outlets, the proposed positioning of voting
and voter processing equipment, the entry and exit routs, and signage required by the
Americans with Disabilities Act.”2
The Secretary of State’s ADA Coordinator and Regional Liaisons are available to assist
county boards of elections with developing polling place assessment strategies. The United
States Election Assistance Commission has also published a Quick Start Management Guide
for Accessibility that many boards of elections may find helpful.
If a county finds that a polling location is not accessible, action must be taken to ensure
compliance. Such action may include:



2
3
Notifying the owners of the facility of the problem(s) causing the inaccessibility of
that facility in an effort to coordinate a permanent remediation of the accessibility
challenge;
Purchasing equipment to temporarily mitigate the inaccessibility of that facility for
voters with disabilities and ensure that this equipment is in place and achieving its
purpose on Election Day; or
Finding another facility, as may be permitted by law3, that meets the requirements of
accessibility for use as a voting location.
The American Voting Experience: Report and Recommendations of the Presidential Commission on Election
Administration (January, 2014), Page 33.
When a board of elections considers it necessary to relocate a polling place, it must notify by mail, prior to the
next election, each of the registered voters in the precinct. R.C. 3501.21
Directive 2014-29 Access to Polling Locations and Verification of Accessible Polling Locations
Page 3 of 3
Accessibility of a polling location to voters with disabilities applies equally to “offices and
rooms” established pursuant to R.C. 3501.10, including the office of the Board of Elections.
II. VERIFICATION OF ACCESSIBLE POLLING LOCATIONS
Before the day of an election, the Director of the board of elections of each county shall sign
a statement verifying that each polling place that will be used in that county at that election
meets the requirements of [R.C. 3501.29(B)(1)(b)].4 Pursuant to this Directive, this statement
(SOS Form 16) must be signed by the Director and the Deputy Director or, if a board of
elections does not have a Deputy Director, by the Chairperson of the Board.
Additionally, the Director and Deputy Director (or Chairperson when the board of elections
does not have a Deputy Director) of a Board of Elections must file a signed statement (SOS
Form 17) before each election to verify that each polling location is in compliance with
federal and state laws governing general polling place accessibility.
If you have any questions concerning this Directive or need additional information please contact
the Secretary of State’s ADA Coordinator, Brett Harbage, or the Secretary of State’s elections
counsel assigned to your county, at (614) 466-2585.
Sincerely,
Jon Husted
4
R.C. 3501.29(E).
DIRECTIVE 2014-23
August 7, 2014
To:
All County Boards of Elections
Directors, Deputy Directors, and Board Members
Re:
Backup Optical Scan Ballots for Voters in Counties using DRE Voting Machines as their
Election Day Voting System for the November 4, 2014 General Election
SUMMARY
This Directive requires every board of elections using DRE voting machines as its Election Day
voting system to print and supply all precincts with centrally counted optical scan ballots as backup
paper ballots at the November 4, 2014 General Election.
BACKGROUND
In 2009, the Secretary of State’s Office entered into a settlement agreement with the League of
Women Voters. Under the terms of the Agreement, the Secretary of State’s Office must require all
boards of elections using DRE voting machines as their Election Day voting system to distribute
backup optical scan ballots “in the event of long lines”1 and to “offer paper ballots to voters in the
event of machine problems or breakdowns.”2 Although the Agreement does not require the Secretary
of State or boards of elections to give voters the “paper or plastic” choice between casting a ballot on
the DRE or by using centrally counted optical scan ballots, it is acceptable for a board of elections to
make the local decision to do so. If a board of elections permits a voter to cast a centrally counted
optical scan ballot instead of voting on a DRE, it should do so for all elections, so as to not create
voter confusion from one election to the next.
INSTRUCTIONS
I.
Establishing a Wait Time Policy
County boards of elections are best suited to make the determination of what constitutes
“long lines” based upon turnout in previous, similar elections, equipment allocation,
availability and training of precinct election officials, and ballot length, in addition to
1
2
LWV Settlement Agreement, Exhibit B, Section I, Division A, Paragraph 1
LWV Settlement Agreement, Exhibit B, Section VII, Paragraph 2
Directive 2014-23 Backup Optical Scan Ballots for Voters in Counties using DRE Voting Machines
Page 2 of 3
other factors a board may choose to consider. To provide all voters and precinct election
officials with consistent minimum standards, all boards of elections must establish a wait
time policy. When wait times reach the threshold established by the Board’s wait time
policy in any given precinct, precinct election officials must verbally announce the
availability of centrally counted optical scan ballots to voters every half hour until the
wait time is less than the Board-established maximum wait time. Boards must ensure that
this required policy is communicated to presiding judges and other precinct election
officials before Election Day.
II.
Determining Minimum Number of Paper Ballots
Boards must determine the minimum number of backup optical scan ballots to provide
for each precinct by multiplying the number of ballots cast in the precinct (public count)
from the 2012 Presidential General Election by 15 percent. This is the minimum number
of backup optical scan ballots that must be provided for that precinct. Boards of elections
may print ballots totaling more than the calculated minimum number so long as the
increase is uniform across the county. Although the ballots are labeled and look the same,
this 15 percent is in addition to the quantity the board of elections determines is necessary
to accommodate all provisional ballot voters at each precinct.
III.
Funding for Ballot Printing Costs Incurred
Reimbursement funding is available for the cost of ballots printed to comply with
minimum requirements of this Directive. Boards of elections must document and itemize
the printing costs incurred as a result of complying with this Directive. The Secretary of
State’s Office will send a reporting form to each Board before the General Election to
allow the Board to report this expense.
IV.
Voter Privacy
Boards must provide a private area for voters to mark their centrally counted optical scan
ballots. Privacy booths used by persons voting provisional ballots may be used for this
purpose.
V.
Voter Instructions
To satisfy the requirements of the Help America Vote Act of 2002,3 each voter receiving
a centrally counted, optical scan ballot must receive the instructions attached to this
Directive.
3
42 U.S.C. 15482, Pub. L. 107–252, title III, § 302(b), Oct. 29, 2002, 116 Stat. 1706.
Directive 2014-23 Backup Optical Scan Ballots for Voters in Counties using DRE Voting Machines
VI.
Page 3 of 3
Backup Paper Ballots are not Provisional Ballots
A centrally counted, optical scan ballot voted under the terms of the settlement agreement
with the League of Women Voters is NOT a provisional ballot and must NOT be placed
into a provisional ballot envelope. A provisional ballot is ONLY to be cast under the
circumstances set forth in R.C. 3503.16 and 3505.181. In the event that a ballot cast
under the terms of the settlement agreement with the League of Women Voters is placed
into a provisional ballot envelope, it must be counted as a regular ballot at the official
canvass.
VII.
Secure Ballot Containers
Boards must provide a secure ballot container into which the voter may place his or her
centrally counted, optical scan ballot after marking the ballot. A ballot cast under the
terms of the settlement agreement with the League of Women Voters need not be sealed
inside an envelope when placed into the ballot box. However, if such ballots are to be
placed into the same container as provisional ballot envelopes, the container shall not be
labeled “Provisional Ballots,” and provisional ballots must be placed into the appropriate
provisional ballot bag, large envelope, or other container that the board of elections
provided in the precinct supply kit for that purpose.
VIII. Tabulation
Because a centrally counted, optical scan ballot cast under the terms of the settlement
agreement with the League of Women Voters is a “regular ballot” under state law, it must
be tabulated and reported as a part of the Board’s unofficial canvass.
If you have questions concerning this Directive, please contact the Secretary of State’s elections
counsel assigned to your county at (614) 466-2585.
Sincerely,
Jon Husted
Attachment
DIRECTIVE 2014-20
July 2, 2014
To:
All County Boards of Elections
Directors, Deputy Directors, and Board Members
Re:
Determining the Validity of Provisional Ballots
SUMMARY
The Ohio General Assembly has made several changes to the laws governing the casting and
counting of provisional ballots. This Directive provides instructions specific to provisional
ballots consistent with Advisory 2014-04 and replaces Directive 2012-54.
The Directive is issued to provide uniformity across Ohio’s 88 county boards of elections in
reviewing provisional ballot affirmations on provisional ballot envelopes to determine the
eligibility of the ballots to be counted by providing county boards of elections with a mandatory
seven-step procedure.
State law permits boards of elections to provide for in-person voting at either “the office of the
board or at another site designated by the Board.”1 As such, whenever this Directive refers to the
“board of elections office,” the instructions extend to the optional alternative site designated by
the Board for in-person voting.
PROVISIONAL BALLOT FORMS
Boards are required by law to use the updated SOS Form 12-B that was provided on June 3,
2014.
Additionally, Boards must supply the following forms to precinct election officials:


1
SOS Form 12-D – for the precinct election official to complete when a voter is in the
wrong precinct of the correct multiple-precinct polling place, and the voter insists on
casting a provisional ballot in the wrong precinct (updated June 2014); and
SOS Form 12-H – for the precinct election official to give to each provisional voter, so
the voter may obtain information on his/her provisional ballot (updated prior to each
election).
R.C. 3501.11(Z).
Directive 2014-20 Determining the Validity of Provisional Ballots
Page 2 of 6
GENERAL REMINDERS ON PROCESSING PROVISIONAL BALLOTS

Boards of elections may begin examining provisional ballot envelopes the day after the
election.2

The board of elections must adopt a provisional ballot policy, under which it may
designate bipartisan teams to examine and categorize provisional ballot envelopes;
however, only the board members themselves can determine the validity of each
provisional ballot.

The board members themselves determine the validity of each provisional ballot by
majority vote at a properly noticed public meeting.

A board of elections must not start counting ANY provisional ballot until AFTER the
board members themselves have determined the validity or invalidity of ALL provisional
ballots cast in that county.3

A provisional voter who failed to provide identification on Election Day may appear at
the board of elections and provide identification during the seven (7) days following the
election.4

Boards must complete the examination and counting of provisional ballots no later than
the twenty-first day after the election.5
DETERMING THE VALIDITY OF PROVISIONAL BALLOTS
Step 1:
2
Determine whether the affirmation statement on the provisional ballot envelope
contains each of the following five items: 1) voter’s printed name, 2) voter’s valid
signature, 3) voter’s date of birth, 4) voter’s current address, and 5) voter’s
identification.

If the affirmation statement contains all five of the required items, proceed to Step 2.

If the affirmation statement does not contain both the voter’s printed name and valid
signature, then the Board must reject the provisional ballot.6

If the affirmation statement does not contain the voter’s date of birth or it does not fall
into the exception below, then the Board must reject the provisional ballot.7
R.C. 3505.183(G)(1).
R.C. 3505.183(F).
4
R.C. 3505.181(B)(7).
5
R.C. 3505.32(A).
6
R.C. 3505.183(B)(4)(a)(iii).
7
R.C. 3505.183(B)(4)(a)(ix).
3
Directive 2014-20 Determining the Validity of Provisional Ballots
Page 3 of 6
o Exception: If the affirmation statement contains the voter’s date of birth but
the month and day are different from the month and day in the statewide voter
registration database, the Board must reject the provisional ballot unless 1) the
voter’s date of birth in the database is 1/1/1800; or 2) the board of elections
finds by a vote of at least three (3) of its members that the voter has met all of
the other requirements of division (B)(3) of R.C. 3505.183.8 If the ballot falls
into this exception, proceed to Step 2.
Step 2:
8
Determine whether the provisional voter indicated on the affirmation statement
that he/she showed an acceptable form of identification to the precinct election
official or whether the provisional voter provided at least one of the following on
the affirmation statement: the last four digits of the voter’s social security
number, the voter’s driver’s license, or state identification card number.

If the voter indicated on the affirmation statement that he/she showed the precinct
election official one of the acceptable forms of identification, proceed to Step 3.9

If the voter provided identification on the affirmation statement, and the number (or,
if a driver’s license or state identification card number, the combination of letters and
numbers) provided is not different from the number that is contained in the statewide
voter registration database, proceed to Step 3.10

If the voter provided identification on the affirmation statement but that identification
is different from what is contained in the statewide voter registration database (i.e.,
the number or, if a driver’s license or state identification card number, the
combination of letters and numbers, provided is different), the Board must reject the
provisional ballot.11

If the voter did not provide identification on the affirmation statement or did not
indicate that he/she showed an acceptable form of identification to the precinct
election official but returned to board of elections within seven (7) days after the
election and provided one of the acceptable forms of voter identification, proceed to
Step 3. 12

If the voter did not provide identification on the provisional ballot affirmation, did not
indicate on the affirmation statement that he/she showed the precinct election official
an acceptable form of identification, and did not return to the Board within the seven
(7) days after the election to remedy the missing item, the Board must reject the
provisional ballot.13
R.C. 3505.183(B)(4)(a)(ix).
R.C. 3505.181(B)(6).
10
R.C. 3505.183(B)(3)(d).
11
R.C. 3505.183(B)(4)(a)(viii).
12
R.C. 3505.183(B)(3)(g).
13
R.C. 3505.183(B)(4)(a)(vii).
9
Directive 2014-20 Determining the Validity of Provisional Ballots
Step 3:
Page 4 of 6
Determine whether the Board can verify the identity of the voter based on the
information provided on the provisional ballot affirmation or provided by the
voter within the seven (7) day period.

If the Board can verify the identity of the voter based upon the information provided
on the provisional ballot affirmation and/or provided by the voter within seven (7)
days of the election, proceed to Step 4.

If the Board cannot verify the identity of the voter based upon the information
provided on the provisional ballot affirmation and/or the information provided by the
voter within seven (7) days of the election, the Board must reject the provisional
ballot.14
Note: To verify identity, the Board must (1) conduct at least one “wildcard” search of
the county’s local voter registration database, if available, (2) conduct a voter
query of the statewide voter registration database using ‘Search by Driver
License Number’ and (3) conduct at least one voter query of the statewide
voter registration database by entering as much or as little information as is
available using ‘Search by Name.’ Once a Board has successfully identified a
voter with one search, it is not necessary to conduct the additional queries.
Step 4:
Determine whether the voter is a registered voter anywhere in the State of Ohio
at least 30 days before the election.

If the voter was registered to vote anywhere in the State of Ohio at least 30 days
before the election, proceed to Step 5.

If the voter was not registered to vote anywhere in the State of Ohio at least 30 days
before the election, then the Board must reject the provisional ballot.15
Step 5:
14
Determine whether the voter is a resident of the county and precinct in which
the voter offers to vote.16

If the voter is a resident of the county and precinct in which the provisional ballot was
cast, proceed to step 6.

If the voter moved and provided a new address within the precinct on the affirmation
statement, then the voter is considered a resident of the new precinct and the Board
must proceed to step 6.

If the voter cast the provisional ballot in the wrong precinct, but in the correct polling
place, including the board of elections office, and a precinct election official did not
complete and attach SOS Form 12-D to the provisional ballot envelope, the Board
R.C. 3505.183(B)(4)(b)(i); State ex rel. Skaggs v. Brunner (2008), 120 Ohio St. 3d 506.
Ohio Constitution Article V, Section 1; R.C. 3505.183(B)(4)(a)(i).
16
R.C. 3503.01(A).
15
Directive 2014-20 Determining the Validity of Provisional Ballots
Page 5 of 6
must remake and count the provisional ballot for only those contests for which
the voter was otherwise eligible to vote.17

If the voter cast the provisional ballot in the wrong precinct, but in the correct polling
place, including the board of elections office, and a precinct election official did
complete and attach SOS Form 12-D, but the Board verified that the precinct to
which the precinct election official directed the voter was the incorrect precinct, the
Board must remake and count the provisional ballot for only those contests for
which the voter was otherwise eligible to vote.

If the voter cast the provisional ballot in the wrong precinct, but correct polling place,
including the board of elections office, and (1) a precinct election official completed
SOS Form 12-D and (2) the Board verified that the precinct to which the precinct
election official directed the voter was the correct precinct, the Board must reject the
provisional ballot.18

If the voter cast the provisional ballot in the wrong precinct and wrong polling place
the Board must reject the provisional ballot.19
Step 6:
Determine whether the voter already requested and cast a ballot in the election.

If the voter has not cast another ballot, proceed to step 7.

If the voter has requested and cast an absentee ballot but either of the following
exceptions apply, proceed to step 7.
o Exception 1: The board of elections shall count the provisional ballot, instead
of the absentee ballot, if the Board determines that the absentee ballot is
invalid because the elector’s signature on the absent voter’s identification
envelope does not match the signature on file with the board of elections, and
the elector cast the provisional in the voter’s precinct on Election Day.20 If
the ballot meets this exception, proceed to step 7.
o Exception 2: The board of elections does not receive the voter’s absentee
ballot by the 10th day following the election, and the elector cast the
provisional in the voter’s precinct on Election Day.21 If the ballot meets this
exception, proceed to Step 7.

17
If the voter has cast another ballot, or requested and cast an absentee ballot and the
exceptions above do not apply, the Board must reject the provisional ballot.
R.C. 3505.183(D)(1).
R.C. 3505.183(D)(1).
19
R.C. 3505.183(D)(3).
20
R.C. 3509.09(C)(2).
21
R.C. 3509.09(C)(3).
18
Directive 2014-20 Determining the Validity of Provisional Ballots
Step 7:
Page 6 of 6
If you have completed Steps 1 through 6 and determined that the provisional
ballot should be rejected, consider the following:

Under the consent decree issued by the federal court in Northeast Ohio Coalition for
the Homeless v. Brunner, S.D. Ohio No. 2:06-cv-896, ("NEOCH"), boards of
elections may not reject provisional ballots cast by voters who use only the last four
digits of their Social Security number as identification for the following reason:
The poll worker did not complete or properly complete and/or sign the
provisional ballot application witness line and/or the provisional ballot
affirmation form, except for reasons permitted by the governing statutes.
The voter is responsible for completing all parts of the provisional ballot affirmation
statement.22
CONSENT DECREE AS MODIFIED

Boards of elections are instructed to comply with the injunctive relief cited below as
provided in the April 19, 2010 Consent Decree and modified by the Court on October 26,
2012 and November 2, 2012.

Additionally, each board of elections must post a notice that contains the text of the
injunctive relief granted in a conspicuous place in every location in which provisional
ballots are processed after an election.
If you have any questions concerning the this Directive or the examination and evaluation of
provisional ballots, please contact the Secretary of State’s elections counsel assigned to your
county at (614) 466-2585.
Sincerely,
Jon Husted
22
R.C. 3505.181(B)(2), (6), (7) and R.C. 3505.182.
DIRECTIVE 2014-19
July 2, 2014
To:
All County Boards of Elections
Directors, Deputy Directors, and Board Members
Re:
Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)
SUMMARY
The Ohio General Assembly has made several changes to the laws governing the casting and
counting of absentee ballots, including UOCAVA ballots. This Directive provides instructions
specific to UOCAVA ballots consistent with Advisory 2014-04 and explains federal and state
laws requiring each county board of elections to process uniformed services and overseas voter’s
absentee ballot applications and absentee ballots by completing these four steps:
I.
II.
III.
IV.
Prepare two notices of election for voters using the Federal Write-In Absentee Ballot;
Transmit UOCAVA ballots on the 45th day before each election;
Enter UOCAVA voter data into the Centralized Ballot Tracking System (CBTS); and
Process and count valid UOCAVA Ballots.
Failure to complete any of these four steps is ground for removal. To aid in meeting the 45
day requirement, Boards must have personnel onsite to accept UOCAVA applications, review
them for validity, and issue ballots on the 45th day prior to the election.
This Directive replaces Directive 2012-20.
OVERVIEW
Both federal and state laws govern absentee voting by uniformed services and overseas United
States citizens. The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)1 and the
Military and Overseas Voter Empowerment (MOVE) Act2 are federal laws enacted to protect the
rights of United States citizens to vote in federal elections while they are serving in the
uniformed services or residing overseas. The Ohio General Assembly has incorporated those
federal protections into the Ohio Revised Code and has extended them to state and local
elections.3
1
2
3
42 U.S.C.A. 1973ff (1986).
Subtitle H (“Military Voting”) of Title V of the National Defense Authorization Act for Fiscal Year 2010, Public
Law 111-84 (2010).
Amended Substitute House Bill 48 (2010) and Amended Substitute House Bill 224 (2011).
Directive 2014-19 UOCAVA Voting
Page 2 of 8
INSTRUCTIONS
Each county must complete the following tasks:
I. PREPARE TWO NOTICES OF ELECTIONS FOR VOTERS USING THE FEDERAL
WRITE-IN ABSENTEE BALLOT
Each board of elections must prepare two election notices for each precinct for use with the
Federal Write-In Absentee Ballot. 4 A uniformed services or overseas voter may request a
copy of this notice to be sent via mail, fax, or email. If the board of elections maintains an
internet website, the Board must post the initial notice and the updated notice on its website.
A. Initial Notice
The Board must make available an initial notice at least 100 days before each regularly
scheduled election and as soon as possible before an election that is not regularly
scheduled. This initial notice must contain the following:



A list of all federal, state, and local offices the Board expects to be on the ballot;
A list of all questions and issues the Board expects to be on the ballot; and
Specific instructions on how a uniformed services or overseas voter must indicate
his or her choice on the Federal Write-In Absentee Ballot.
B. Updated Notice
After the date on which the ballot form is certified, and no later than 45 days before
each election, the board of elections must make available an updated notice with the
following information:



A list of certified candidates for each office on the ballot;
A list of all certified questions and issues on the ballot; and
Specific instructions on how a uniformed services or overseas voter must indicate
his or her choice on the Federal Write-In Absentee Ballot.
Please refer to SOS Form 120 for an election notice template.
II. TRANSMIT UOCAVA BALLOTS ON THE 45th DAY BEFORE EACH ELECTION
On the 45th day before each election—even if the 45th day falls on a day the Board is not
regularly open for business—each Board must transmit an absentee ballot to every
UOCAVA voter who has filed a valid application with the Board as of January 1st of that
year or 90 days before the election, whichever is earlier, to receive an absentee ballot by
mail, email, or fax. UOCAVA ballots must be transmitted on the 45th day. This is a
4
R.C. 3511.16.
Directive 2014-19 UOCAVA Voting
Page 3 of 8
mandatory deadline. Boards must have the necessary personnel on site to accept UOCAVA
applications, review them for validity, and issue ballots on the 45th day prior to the election.
A. “UOCAVA Voters:”
The following voters are UOCAVA Voters:5
A uniformed services voter:




A member of the active or reserve components of the U.S. Army, Navy, Air
Force, Marine Corps, or Coast Guard;
A member of the National Guard and the organized militia who is on activated
status6;
A member of the merchant marine, the commissioned corps of the Public Health
Service or the National Oceanic and Atmospheric Administration; or
A spouse or dependent of any of the above.
An overseas voter:


A person who is considered by Ohio law to be a resident of the state, but
currently is living outside the U.S. Before leaving the U.S., the voter was last
eligible to vote in Ohio or would have been eligible to vote in Ohio had the
voter been 18 years of age or older; or
A person who was born outside the U.S., but who has a parent or guardian who
last resided and was last eligible to vote in Ohio before leaving the U.S.
B. The Federal Post Card Application (FPCA) and SOS Form 11-E
UOCAVA voters may apply for absentee ballots using the Federal Post Card
Application (FPCA) or by filing a written request with the Board containing all the
following required information:
The voter’s name;
Signature;
Address at which registered to vote in Ohio;
Date of birth;
Acceptable form of identification;
The election(s) for which the voter is requesting ballots;
Statements that the voter is a qualified elector, an absent UOCAVA voter, and
that the voter or the voter’s parent or guardian, if applicable, resided in Ohio for at
least 30 days prior to commencing service or leaving the U.S.;
8. The voter’s party affiliation (primary elections only);
1.
2.
3.
4.
5.
6.
7.
5
6
R.C. 3511.01.
The Ohio organized militia consists of Ohio citizens who are members of the Ohio National Guard, the Ohio naval
militia, and the Ohio military reserve. R.C. 5923.01.
Directive 2014-19 UOCAVA Voting
Page 4 of 8
9. The method by which the voter wishes to receive a ballot (mail, email, or fax);
and
10. The mailing address, email address, or fax number at which the voter wishes to
receive the ballot.7
No Board is permitted to pre-pay return postage for any FPCA.8
The FPCA serves both as a voter registration form if the voter is not already registered
or needs to update his or her registration and a request for absentee ballots. An FPCA
used to register or update the registration of a qualified UOCAVA voter must reach
election officials no later than 30 days before the election in order to be valid.9 If a
voter applies for an absentee ballot using an FPCA, that request is a request for
absentee ballots for every election in that year, unless the voter specifically notes that
he or she is requesting a ballot only for a single election in the year.10 If the Board
receives an absentee ballot application that is not an FPCA, and it is clear that the
applicant is a UOCAVA voter under Ohio law, the Board must provide the voter the
same accommodations as if the voter had applied using an FPCA.11
Relatives of UOCAVA voters may apply for absentee ballots on the UOCAVA voter’s
behalf if the UOCAVA voter is already registered to vote by using SOS Form 11-E or
the FPCA.12 A relative must submit the form on behalf of the registered UOCAVA
voter in person or by mail to the county board of elections office.
UOCAVA voters may submit FPCAs by mail, email, or fax.13 If the UOCAVA voter is
using the FPCA to register to vote or to update his or her registration, an emailed or
faxed copy of a signed form is acceptable under the law to register an eligible voter. In
the event that an FPCA is missing some of the required information or that the board of
elections is unable to open the file in which the voter transmitted the FPCA, the Board
must contact the voter immediately, using the quickest and most effective available
means of communication. Boards must attempt to contact the voter using all the contact
information provided on the form and must ask the voter to resubmit a complete
application containing all required information.
In the required fields of an absentee ballot application, the Board may pre-print only a
voter’s name and address before mailing to a voter who requests it. None of the other
7
R.C. 3511.02(A).
R.C. 3511.02(E) This prohibition does not affect UOCAVA voters’ use of the USPS Official
Absentee Balloting Materials postage-paid envelope if they choose to return their FPCAs through the USPS.
9
42 U.S.C.A. § 1973ff-1.
10
R.C. 3511.02.
11
R.C. 3509.10.
12
R.C. 3511.02(C) Relatives include “spouse, father, mother, father-in-law, mother-in-law, grandfather,
grandmother, brother or sister of the whole blood or half blood, son, daughter, adopting parent, adopted child,
stepparent, stepchild, daughter-in-law, son-in-law, uncle, aunt, nephew, or niece.”
13
R.C. 3503.191(B) and 3511.021(A)(2).
8
Directive 2014-19 UOCAVA Voting
Page 5 of 8
required pieces of information on an absentee identification envelope shall be
completed by election officials on a voter’s behalf.14
The declaration accompanying a Federal Write-In Absentee Ballot, discussed in Section
D below, may be used to register a voter for the next election if the board of elections
receives it by the 30th day before Election Day.15
Applications by mail, email, or fax for absentee ballots must be received by the Board
by twelve noon on the Saturday before the election.16 An application delivered in
person to the office of the board of elections must be received by the close of polls on
Election Day.17
C. Transmitting Ballots
UOCAVA voters may receive absentee ballots by mail, email, or fax. Each UOCAVA
voter should designate on the application form the manner in which the voter prefers to
receive the ballot. If the UOCAVA voter does not express a preference on the
application, the board of elections must deliver the absentee ballot via standard mail.18
All uniformed services and overseas voters may vote a complete ballot—all
federal, state, and local candidate and issue contests—of the Ohio precinct in
which the voter resided immediately before leaving Ohio for military service or to
reside overseas. A person who moves from Ohio to a location outside the United States
without becoming a resident of another state does not lose Ohio residency, and is
therefore eligible to vote on all candidate and issue contests.19
When the Board transmits a ballot to a UOCAVA voter, it must provide the following
items:




14
Ballot with stub attached;
SOS Form 12-A (Identification Envelope with Statement of Voter);
SOS Form 12-K (Instructions to Uniformed Services or Overseas Voters); and
SOS Form 12-J (Ballot Tracking for Military and Overseas Voters-Notification of
PIN).
R.C. 3511.02(F); 3511.10.
R.C. 3511.14(B).
16
R.C. 3511.04(B).
17
R.C. 3511.10. In instances where UOCAVA applications are received on or close to Election Day pursuant to this
section, the board of elections must make best efforts to transmit the ballot to the voter in order for the voter to
complete and return it such that it may be counted.
18
R.C. 3511.021(A)(2).
19
R.C. 3503.02(G) amended in Amended Substitute House Bill 224 (2011). Note: A non-UOCAVA voter who
moves from Ohio to another state within the U.S and resides there for four years or more still is deemed to have
lost his or her residence in Ohio. R.C. 3503.32(F). In the Classification portion of the FPCA, there are six
separate checkboxes. Under Ohio law, all UOCAVA voters are treated similarly and are issued a complete ballot,
regardless of which box they check.
15
Directive 2014-19 UOCAVA Voting
Page 6 of 8
In the five required information fields on an absentee ballot identification envelope, a
Board may pre-print only a voter’s name and address before mailing the absentee ballot
to the voter who requested it. None of the other required pieces of information on the
absentee identification envelope shall be completed by the Board on behalf of a voter.20
No Board is permitted to pre-pay return postage for any absentee ballot.21
If the Board receives more than one absentee ballot request from a UOCAVA voter and
has already issued that voter a ballot, the Board may not transmit another ballot to the
same voter unless the voter’s subsequent request states the voter submitted an initial
request more than 30 days before the election, but has not received a ballot as of the
15th day before the election. The Board must also ensure that it has not received a voted
ballot from that voter. 22
D. FEDERAL WRITE-IN ABSENTEE BALLOT (FWAB)
The Federal Write-In Absentee Ballot (FWAB) may be used by a UOCAVA voter to
vote for all federal, state, and local offices, questions, and issues in every election.23
The voter will download the FWAB from the Federal Voting Assistance Program
website at www.fvap.gov and complete the ballot with the information the Board
provides in the election notices prepared pursuant to Section 1 of this Directive.
If, after mailing the FWAB to the board of elections, the voter receives the requested
absentee ballot, the voter may vote the ballot and return it to the board of elections. If
the Board receives the voter’s valid absentee ballot by the 10th day after the election, it
must count the absentee ballot and not the FWAB.
The declaration accompanying a FWAB may be used simultaneously to register the
person to vote for the next election if it is received no later than 30 days before the
election. If the UOCAVA voter who submits a FWAB to the board of elections after
that point and is not already a registered Ohio voter, the ballot cannot count. However,
the declaration will serve to register an otherwise eligible voter to vote in future
elections.24
20
R.C. 3511.05(E); 3511.10.
R.C. 3511.04. This prohibition does not affect UOCAVA voters’ use of the USPS Official Absentee Balloting
Materials postage-paid envelope to return their ballots through the USPS.
22
R.C. 3511.08.
23
R.C. 3511.14.
24
R.C. 3511.14(B).
21
Directive 2014-19 UOCAVA Voting
Page 7 of 8
III. ENTER UOCAVA VOTER DATA INTO THE CENTRALIZED BALLOT
TRACKING SYSTEM (CBTS)
The Centralized Ballot Tracking System (CBTS) allows UOCAVA voters to track the status
of their absentee ballots.25 When the Board receives a valid FPCA or SOS Form 11-E, it must
enter the voter into the CBTS to create a voter record. The CBTS will automatically generate
a unique, personal identification number (PIN) for the voter. The Board must provide the
voter notification of the assigned PIN, which the voter will use to log in and view ballot
status. SOS Form 12-J may be used to notify a voter of his or her assigned PIN and to inform
the voter how to access the CBTS website and track the ballot.
Once the Board creates a voter record, it is required to update and maintain the accuracy of
that record. Each absentee ballot record must be updated with the following information:





Date the Board received the FPCA or SOS Form 11-E;
Date the Board transmitted the blank absentee ballot to the voter;
Date the Board received the voted absentee ballot;
What errors, if any, the Board detected on the absentee ballot ID envelope; and
Whether the absentee ballot was counted.
All CBTS records must be updated completely before the official canvass is completed.
If you do not have a copy of the CBTS manual, please contact the Secretary of State’s
Elections Division.
IV. PROCESS AND COUNT VALID UOCAVA BALLOTS
All absentee ballots must be returned by mail or in person to the office of the board of
elections. No ballot may be returned by fax or email. Ohio law prohibits the electronic
return of an absentee ballot and the processing or counting of any ballot returned
electronically.26
Upon receiving an absentee ballot from a UOCAVA voter, the Board must take the following
steps:


25
Determine whether the UOCAVA voter signed the ballot and submitted it for mailing
not later than 12:01 a.m. on Election Day.27 If the Board receives the ballot within the
timeframe discussed in the next section, it shall be deemed to have been submitted for
mailing by 12:01 a.m. on Election Day;
Confirm that the Board received the ballot by the close of polls on Election Day at the
office of the board of elections if delivered in person, or by the 10th day after Election
Day if delivered by mail. Please note that a postmark is not required in order for
R.C. 3511.021(B).
R.C. 3511.021(A)(4).
27
R.C. 3511.11(C).
26
Directive 2014-19 UOCAVA Voting

Page 8 of 8
a UOCAVA ballot to be valid. The Board must count an otherwise valid ballot
regardless of whether it contains a timely postmark, a late postmark, or no
postmark28; and
Open the return envelope. If the enclosed ballot is not sealed in the identification
envelope, avoid looking at the markings on the ballot, place the ballot in the
identification envelope, and seal it.29
After completing those steps, the Board must refer to Directive 2014-18 (Absentee Voting) to
consider and count all UOCAVA absentee ballots in the same manner as other, non-UOCAVA
absentee ballots.
If you have questions concerning the Directive, please contact the Secretary of State’s elections
counsel assigned to your county at (614) 466-2585.
Sincerely,
Jon Husted
28
29
R.C. 3511.11(C).
R.C. 3511.11(A).
DIRECTIVE 2014-18
July 2, 2014
To:
All County Boards of Elections
Directors, Deputy Directors, and Board Members
Re:
Absentee Voting
SUMMARY
The Ohio General Assembly has made several changes to the laws governing the casting and
counting of absentee ballots. This Directive provides instructions specific to absentee ballots
consistent with Advisory 2014-04 and replaces 2011-26, 2012-26, 2012-36, 2012-48, and
2012-48-2.
OVERVIEW
Any qualified voter whose registration information is current may request and vote an absentee
ballot at any election without stating a reason.1
A qualified voter who wishes to cast an absentee ballot must submit an application in writing to
the board of elections of the county in which the voter resides. While there is no required form
for an application for an absentee ballot, the Secretary of State’s Office makes available
prescribed forms specific to each type of absentee voter. Generally, a voter’s request in any form
is sufficient if it contains ALL of the following pieces of information:2
1. The voter’s name;
2. The voter’s signature;
3. The address at which the voter is registered to vote;
4. The voter’s date of birth;
5. One of the following:
a) The voter's driver's license number;
b) The last four digits of the voter's social security number; or
1
2
R.C. 3509.02.
R.C. 3509.03.
Directive 2014-18 Absentee Voting
Page 2 of 13
c) A copy of a current and valid photo identification, a military identification, or a
current utility bill, bank statement, government check, paycheck, or other government
document, other than a notice of voter registration mailed by a board of elections, that
shows the voter’s name and address.
6. A statement identifying the election for which the absentee ballot is requested;
7. A statement that the person requesting the ballot is a qualified elector;3
8. If the request is for a primary election ballot, the voter's party affiliation; and
9. If the voter desires a ballot to be mailed to the elector, the address to which that ballot
shall be mailed.
Certain classifications of absentee voters must provide additional information in order to receive
an absentee ballot, as discussed below. All absentee ballot applications, except the Federal Post
Card Application (FPCA) used by absentee voters who are uniformed services or overseas
citizens (UOCAVA)4, are valid for a single election only.5 Non-UOCAVA voters must reapply
for an absentee ballot prior to each election in which the voter desires to vote by absentee ballot.
County boards of elections are prohibited from mailing unsolicited absentee ballot applications
to any voter.6
Boards of elections are not prohibited from placing absentee ballot applications on the Board’s
website or in various public places (e.g., libraries, etc.). An application in writing in any form, a
verbal request in person or by phone, or the completion of some manner of automated form of
application (telephonic or web-based) initiated by an individual voter constitutes a proper request
for an absentee ballot application and is not prohibited.
INSTRUCTIONS
I.
TYPES OF ABSENTEE VOTING
There are different types of absentee voters, each with slightly different requirements. Specific
guidelines for each type of absentee voter are set forth below:
A. Absentee Voting By Mail and In Person
Except for voters with special circumstances (see below), an absentee voter is any
qualified voter who prefers to vote by mail or in person prior to Election Day7 and
who applies using SOS Form 11-A or any written application containing all the
required information mentioned above.
3
4
5
6
7
Under R.C. 3503.01, a voter’s qualifications to vote are determined as of the date of the election.
For more information on absentee voting for voters covered by the Uniformed and Overseas Citizens Absentee
Voting Act, please see Directive 2014-19.
R.C. 3509.02; 3509.03.
R.C. 3501.05.
R.C. 3509.02.
Directive 2014-18 Absentee Voting
Page 3 of 13
1. By Mail
Voters may submit applications to receive an absentee ballot by mail beginning
January 1st of the election year or 90 days before the election, whichever is earlier,
and ending 12:00 p.m. the Saturday before Election Day.8
Boards may begin mailing absentee ballots on the first day after the close of voter
registration before Election Day and may continue mailing absentee ballots as
they receive valid applications up until 12:00 p.m. the Saturday before Election
Day.9
A voter who receives an absentee ballot by mail may return it to the office of the
board of elections through the mail or by personal delivery.

Returned by mail—
o The absentee ballot must be postmarked no later than the day before
Election Day and received at the board of elections office no later than
the 10th day after Election Day OR
o If the absentee ballot does not have a postmark, it must be received at
the board of elections office no later than 7:30 p.m. on Election Day.
o A postmark does not include mail sent using a postage evidencing
system, including a postage meter.10 Postage labels from USPS
Automated Postal Centers and online providers (e.g., Stamps.com) are
postage evidencing systems; the date on which such postage was
purchased, even when printed on the envelope or label, is not a
postmark.

Returned by personal delivery—a voter may deliver the absentee ballot
personally or may have a family member11 deliver the absentee ballot by
the close of polls on Election Day at the office of the board of elections
only. No one may return a voted absentee ballot to a precinct polling
location.
2. In Person
Voters may submit applications in person at the Board office or other designated
location.
In-person absentee voting begins on the first day after the close of voter
registration before Election Day for all types of absentee voters.12
8
R.C. 3509.03.
R.C. 3509.01; 3509.03.
10
R.C. 3509.05(B)(2).
11
R.C. 3509.05(A): spouse, father, mother, father-in-law, mother-in-law, grandfather, grandmother, brother, or sister
of the whole or half blood, or the son, daughter, adopting parent, adopted child, stepparent, stepchild, uncle, aunt,
nephew, or niece.
12
R.C. 3509.01; 3511.10.
9
Directive 2014-18 Absentee Voting
Page 4 of 13
If there are any in person absentee voters waiting in line when voting ends on a
particular day during the in-person absentee voting period, the in person voting
location shall be kept open until those voters who were in line when the location
closed for the day have cast a ballot.13
Boards of elections may accommodate in-person absentee voting at the Board
office, or may designate another location for that purpose.14 If the Board chooses
to designate an alternate location for in-person absentee voting, in-person
absentee voting may occur only at that location, and that designated location must
comply with all applicable requirements and prohibitions for polling locations.15
Boards of elections having designated another location for in-person absentee
voting may not issue absentee ballots to voters, other than by mail, from the
Board office.
Boards of elections operating an alternate site for in-person absentee voting
before the election may accept the return of absentee ballots to such alternate site
in addition to the board of elections office, but may only allow in-person absentee
voting at one location.
A voter who applies for and receives an absentee ballot in person may vote the
ballot immediately in compartments (or on DREs) provided by the Board for this
purpose or may take that ballot home to complete at a later date. If the absentee
voter chooses to take the ballot home, the Board must provide the absentee voter a
return mailing envelope along with the identification envelope. A voter who
receives an absentee ballot in person and takes the ballot home to vote may return
it to the office of the board of elections through the mail or by personal delivery.

13
R.C. 3509.01(B)(3).
R.C. 3501.10(C).
15
R.C. 3501.11(Z).
16
R.C. 3509.05(B)(2).
14
Returned by mail—
o The absentee ballot must be postmarked no later than the day before
Election Day and received at the board of elections office no later than
the 10th day after Election Day OR
o If the absentee ballot does not have a postmark, it must be received at
the board of elections office no later than 7:30 p.m. on Election Day.
o A postmark does not include mail sent using a postage evidencing
system, including a postage meter.16 Postage labels from USPS
Automated Postal Centers and online providers (e.g., Stamps.com) are
postage evidencing systems; the date on which such postage was
purchased, even when printed on the envelope or label, is not a
postmark.
Directive 2014-18 Absentee Voting

Page 5 of 13
Returned by personal delivery—a voter may deliver the absentee ballot
personally or may have a family member17 deliver the absentee ballot by
the close of polls on Election Day at the office of the board of elections
only. No one may return a voted absentee ballot to a precinct polling
location.18
B. Special Circumstances19
1. Disability or Confinement
A voter who has a disability or is confined and cannot vote at a polling location
on Election Day or in person at the Board office due to personal illness, physical
disability, infirmity, or confinement may vote by absentee ballot.20 This includes
voters who are confined to a nursing home, jail, or workhouse. An absentee voter
who has a disability or is confined applies using SOS Form 11-F or any written
application containing all the required information plus the nature of the voter’s
illness, physical disability, infirmity, or confinement.
Voters with a disability or who are confined may submit applications to receive
an absentee ballot beginning January 1st of the year or 90 days before the election,
whichever is earlier, and ending 12:00 p.m. the Saturday before Election Day.
A voter who has a disability or is confined may receive and return an absentee
ballot by mail or in person through two boards of elections employees.

17
Returned by mail—
o The absentee ballot must be postmarked no later than the day before
Election Day and received at the board of elections office no later than
the 10th day after Election Day OR
o If the absentee ballot does not have a postmark, it must be received at
the board of elections office no later than 7:30 p.m. on Election Day.
o A postmark does not include mail sent using a postage evidencing
system, including a postage meter.21 Postage labels from USPS
Automated Postal Centers and online providers (e.g., Stamps.com) are
postage evidencing systems; the date on which such postage was
R.C. 3509.05(A): spouse, father, mother, father-in-law, mother-in-law, grandfather, grandmother, brother, or sister of
the whole or half blood, or the son, daughter, adopting parent, adopted child, stepparent, stepchild, uncle, aunt, nephew,
or niece.
18
R.C. 3509.05(A).
19
In 2012, a federal district court found a violation of the Americans with Disabilities Act (42 U.S.C. 12132) and
the Rehabilitation Act of 1973 (29 U.S.C. 794(a)) and ordered specific relief to an individual absentee voter who
was hospitalized outside of the voter’s county of residence. In the event a voter who is hospitalized out of county
requests reasonable accommodation to facilitate absentee voting, Boards of Elections are advised to consult with
their Prosecuting Attorney. See, Mooneyhan v. Husted, 3:12-CV-379, 2012 WL 5834232 (S.D. Ohio Nov. 16,
2012).
20
R.C. 3509.08(A).
21
R.C. 3509.05(B)(2).
Directive 2014-18 Absentee Voting
Page 6 of 13
purchased, even when printed on the envelope or label, is not a
postmark.

Received and returned by two board of elections employees—
o The two boards of elections employees, each belonging to different
major political parties, may deliver an absentee ballot to a voter who
has a disability or is confined, and return the ballot to the Board office.
o The two board employees must be present during delivery, voting, and
return of the ballot and must subscribe to that fact on the absentee
ballot identification envelope (see SOS Form 12-C). 22
An absentee voter who has a disability or is confined and who also is required to
vote a provisional ballot due to a change of address or change of name may vote a
provisional absentee ballot23 (see SOS Form 11-I). No other type of absentee
voter may vote provisionally by absentee ballot.
2. Unforeseeable Hospitalization
An absentee voter who is confined to a hospital or whose minor child is confined
to a hospital due to an accident or unforeseeable medical emergency occurring
after the absentee voting by mail application deadline of 12:00 p.m. on the
Saturday before Election Day may vote by absentee ballot.24Any such voter
applies using SOS Form 11-B or any written application containing all the
required information plus the hospital at which the applicant or the applicant’s
minor child has been admitted, the date of the applicant’s or the applicant’s
child’s admission to the hospital, and the offices for which the applicant is
qualified to vote.25
Voters with an unforeseeable hospitalization may submit applications beginning
after 12:00 p.m. the Saturday before Election Day and ending at 3:00 p.m. on
Election Day.
An absentee voter with an unforeseeable hospitalization within the county may
receive and return the absentee ballot through a family member, or through two
boards of elections employees.26 If the hospitalization is out of county, the
absentee voter may receive and return the absentee ballot through a family
member or by mail.27
22
R.C. 3509.08(A).
R.C. 3503.16(G).
24
R.C. 3509.08(B)(1).
25
R.C. 3509.08(B)(2).
26
R.C. 3509.08(B)(2).
27
R.C. 3509.08(B)(2).
23
Directive 2014-18 Absentee Voting
Page 7 of 13

Received and returned by a family member—a family member28 of the
voter may deliver the absentee ballot to the voter, and return the voted
absentee ballot to the board of elections office by the close of polls on
Election Day.29 A voter’s family member may not return a voted absentee
ballot to a precinct polling location.

Received and returned by two boards of elections employees—two boards
of elections employees, each belonging to different major political parties,
may deliver a ballot to an absentee voter who is hospitalized or whose
minor child is hospitalized within the county.30 The two board employees
must be present during delivery, voting, and return of the ballot, and must
subscribe to that fact on the absentee ballot identification envelope
(see SOS Form 12-C).

Received and returned by mail—if the hospital is located outside the
county in which the voter is registered to vote, the Board may mail the
absentee ballot.31
o The absentee ballot must be postmarked no later than the day before
Election Day and received at the board of elections office no later than
the 10th day after Election Day OR
o If the absentee ballot does not have a postmark, it must be received at
the board of elections office no later than 7:30 p.m. on Election Day.
o A postmark does not include mail sent using a postage evidencing
system, including a postage meter.32 Postage labels from USPS
Automated Postal Centers and online providers (e.g., Stamps.com) are
postage evidencing systems; the date on which such postage was
purchased, even when printed on the envelope or label, is not a
postmark.
3. Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)
A UOCAVA absentee voter is any active or reserve duty uniformed services voter
or overseas voter.33 UOCAVA voters apply using the Federal Post Card
Application (FPCA). The FPCA may be submitted by mail, email, or fax.
Relatives of UOCAVA voters34 may submit an absentee ballot application on
behalf of the voter using SOS Form 11-E, which may not be submitted by email
28
R.C. 3509.05(A): spouse, father, mother, father-in-law, mother-in-law, grandfather, grandmother, brother, or sister
of the whole or half blood, or the son, daughter, adopting parent, adopted child, stepparent, stepchild, uncle, aunt,
nephew, or niece.
29
R.C. 3509.08(B)(2).
30
R.C. 3509.08(B)(2).
31
R.C. 3509.08(B)(2).
32
R.C. 3509.05(B)(2).
33
R.C. Chapter 3511. See also Directive 2014-19.
34
R.C. 3511.02(C) defines family member as a spouse, father, mother, father-in-law, mother-in-law, grandfather,
grandmother, brother or sister of the whole blood or half blood, son, daughter, adopting parent, adopted child,
stepparent, stepchild, daughter-in-law, son-in-law, uncle, aunt, nephew, or niece of the UOCAVA voter.
Directive 2014-18 Absentee Voting
Page 8 of 13
or fax. A UOCAVA voter’s relative may only submit SOS Form 11-E by mail or
by personally delivering it to the boards of election office.
UOCAVA voters may submit applications beginning January 1st of the election
year or 90 days before the election, whichever is earlier, and ending 12:00 p.m.
the Saturday before Election Day. UOCAVA voters may receive absentee ballots
by mail, email, or fax. To receive and vote an absentee ballot in person,
UOCAVA voters must submit an application at the office of the board of election
by the close of polls on Election Day.
A UOCAVA voter who receives an absentee ballot by mail, email, or fax may
return it to the office of the board of elections through the mail or by personal
delivery.

Returned by mail—the UOCAVA absentee ballot must be submitted for
mailing no later than 12:01 a.m. on Election Day and received at the board of
elections office no later than the 10th day after Election Day. If the Board
receives the ballot by the 10th day after Election Day, it shall be deemed to
have been submitted for mailing by 12:01 a.m. on Election Day. A postmark
is not required in order for a UOCAVA ballot to be valid.

Returned by personal delivery—a voter may deliver the absentee ballot
personally or may have a family member deliver the absentee ballot
personally by the close of polls on Election Day at the office of the board of
elections only. No one may return a voted absentee ballot to a precinct polling
location.
Refer to Directive 2014-19 for a more complete discussion of UOCAVA voting.
II.
PROCESSING ABSENTEE BALLOT APPLICATIONS
In the required fields of an absentee ballot application, the Board may pre-print only a
voter’s name and address before mailing to a voter who requests it. None of the other
required pieces of information on an absentee ballot application shall be completed by
election officials on a voter’s behalf.35
No Board is permitted to pre-pay return postage for any absentee ballot application.36
A Board may not accept or process a non–UOCAVA absentee ballot application received
by fax or email.
If the Board receives an application for an absentee ballot that does not contain all the
required information listed above, it promptly must notify the voter of the missing
35
36
R.C. 3509.03; 3511.02.
R.C. 3509.03; 3511.02.
Directive 2014-18 Absentee Voting
Page 9 of 13
information and ask the voter to supply the missing information.37 The Board may not
return an incomplete application to the voter, as once an application is received at the
Board office, it is a public record. Election officials may not complete an application’s
missing information on behalf of the voter. The voter must personally complete any
missing information on the application, unless the voter has paperwork on file with the
board of elections to receive assistance from a designated attorney-in-fact.38
Absentee voting by mail begins 45 days before each election for UOCAVA voters
only and on the day after the close of registration before each election for all other
types of absentee voters.39 Due to the earlier start date for UOCAVA voting, Boards
must have ballots proofed and ready to mail prior to the 45th day before each election.
Once the Board receives an application that meets the requirements explained above, it
must provide the voter with the correct ballot for the voter’s precinct, based on the voter’s
residence address. Boards of elections may not outsource the mailing of absentee ballots
to vendors or any other third party unless the Board has received prior written
authorization from the Director of Elections, conditioned upon submission of appropriate
quality assurance procedures, including the onsite presence of board personnel during
every phase of the vendor or third party’s possession of ballots, supplies, and/or data.
Ohio law requires boards of elections to provide an identification envelope with the
absentee ballot (see SOS Forms 12-A and 12-C).40 In the five required information fields
on an absentee ballot identification envelope, a Board may pre-print only a voter’s name
and address before mailing the absentee ballot to the voter who requested it. None of the
other required pieces of information on the absentee identification envelope shall be
completed by the Board on behalf of a voter.41
No Board is permitted to pre-pay return postage for any absentee ballot.42
III.
PROCESSING AND COUNTING ABSENTEE BALLOTS
Boards of elections may begin processing, but not tabulating, absentee ballots not earlier
than ten days prior to Election Day. “Processing” includes:



37
Opening absent voter’s ballot envelopes having been examined and accepted as
valid;
Determining whether the stub is still attached;
Preparing the absent voter’s ballot for scanning; and
R.C. 3509.04(A).
R.C. 3501.382; 3509.03; 3511.02.
39
R.C. 3509.01(B).
40
R.C. 3509.04; 3511.05.
41
R.C. 3509.04; 3511.05.
42
R.C. 3509.04; 3511.04.
38
Directive 2014-18 Absentee Voting

Page 10 of 13
Scanning of the absent voter’s ballot using automatic tabulating equipment at a
central counting station43; and identifying absent voter’s ballots that cannot be
“read” or are “rejected” by the ballot scanning device to determine whether the
ballot needs to be remade so that it can be read by the scanner. This includes
remaking of UOCAVA ballots transmitted by email or fax.
The Board must examine each returned absentee ballot envelope for eligibility before the
Board may remove the ballot from the envelope.
In order for an identification envelope to be opened and the absentee ballot to be counted,
the absentee voter must provide the following information on the absentee ballot ID
envelope44:
1. Name45;
2. Residence Address, which must match the address at which the voter is registered.46
Ohio law does not permit an absentee ballot identification envelope to be used as a
voter registration form, change of name form, or change of address form. If the
address on the absentee ballot identification envelope indicates that the voter’s
registration information is out of date and that the voter would be required to vote a
provisional ballot, the absentee ballot cannot be counted;
3. Date of Birth—The birthdate is considered complete if the month and day match the
month and day as reflected in the statewide voter registration database, the birthdate
in the statewide voter registration database is January 1, 1800, or the board of
elections has found by the vote of at least three members that the voter has completed
satisfactorily all of the other required information (name, residence address,
signature, and identification).47;
4. Signature48; and
5. Proper Identification49
 The voter’s driver’s license number;50
 The last four digits of the voter’s Social Security number;51 or
 A copy of a current and valid photo identification, a military identification, or a
current (within the last 12 months) utility bill, bank statement, government check,
paycheck, or other government document (other than a notice of voter registration
mailed by a board of elections) that shows the voter’s name and address.52
43
In no circumstance may any Board initiate the human-readable reporting of election results from absentee ballots
processed prior to 7:30 p.m. on Election Day. R.C. 3505.26.
44
R.C. 3509.06(D).
45
R.C. 3509.06(D)(3)(a)(i)
46
R.C. 3509.06(D)(3)(a)(ii).
47
R.C. 3509.06(D)(3)(a)(iii).
48
R.C. 3509.06(D)(3)(a)(iv).
49
R.C. 3509.06(D)(3)(a)(v).
50
R.C. 3509.06(D)(3)(a)(v)(I).
51
R.C. 3509.06(D)(3)(a)(v)(II).
52
R.C. 3509.06(D)(3)(a)(v)(III).
Directive 2014-18 Absentee Voting
Page 11 of 13
A. Contacting Voters
All county boards of elections must contact any absentee voter who provided insufficient
information on the absentee ballot identification envelope to give the voter an opportunity
to supplement the voter’s identification envelope so the voter’s ballot can be tabulated.
The Board must notify the voter in writing at the voter’s registration address, or at the
address to which the voter had requested the absentee ballot to be mailed when the Board
determines that53:


An absentee voter provided incomplete information on the identification
envelope; or
The information supplied by the absentee voter on the identification envelope
does not match information contained in the statewide voter registration database.
The notice must include a copy of SOS Form 11-S and must inform the voter that in
order for the voter’s absentee ballot to be valid and tabulated, the voter must:

Complete SOS Form 11-S and return it by mail or in person such that the board of
elections receives it on or before the 7th day after Election Day54;
With the exception of reasonable accommodations for voters with disabilities and
UOCAVA voters, no county board of elections may accept supplemental information via
email, or facsimile.
In the case of voters with disabilities or UOCAVA voters, all county boards of elections
must provide reasonable accommodations, as follows:
53

Voters with Disabilities – Regardless of whether the voter requested assistance in
casting the absentee ballot, if a voter requests assistance to supplement the voter’s
identification envelope, the board of elections must send Board employees, not of
the same political party, to the voter to provide assistance.55

UOCAVA Voters – A voter whose ballot was requested56 pursuant to UOCAVA
may supplement his or her identification envelope by completing SOS Form 11-S
and sending it by email, facsimile, or mail to the board of elections. It must be
R.C. 3509.06(D)(3)(b).
Pursuant to a court order, if an absentee voter provides the number above his or her picture and not the driver’s
license number (two alphabet letters followed by six numbers), the Board must notify the voter of such error by
telephone or in writing, within two business days of receiving the application or voted ballot. The voter so notified
must be permitted to appear in person at the office of the Board to provide the correct information. In the case of a
returned absent voter’s ballot, the voter shall have until the 10th day after the election to provide this information
to enable his or her ballot to be counted. NEOCH v. Brunner, Case No. 2:06-cv-00896 (S.D. Ohio) April 19, 2010
Consent Decree; See also, Directive 2008-80.
55
Ray v. Franklin County Board of Elections Case No. 2:08-CV-1086, 2008 WL 4966759 (S.D. Ohio Nov. 17,
2008).
56
R.C. 3511.02; 3509.10.
54
Directive 2014-18 Absentee Voting
Page 12 of 13
received by the close of business on the 7th day after the election. The voter’s
board of elections must provide notice to the voter in the same manner in which
the voter requested transmission of the ballot by the Board to the voter (i.e., by
email, facsimile, or by mail, if application was made by mail or in person).
All county boards of elections must attach (e.g., staple) the completed SOS Form 11-S to
the voter’s identification envelope so that it is kept with the voter’s identification
envelope for the entirety of the statutory retention period.
Ohio law requires all absentee voters to place their ballot in the ID envelope and seal the
envelope. The board of elections must clearly indicate that the ballot must be sealed
within the ID envelope in order to count. If the Board receives an absentee ballot that is
not sealed in its identification envelope, the Board must seal the envelope. If the ballot is
not inside the identification envelope, avoid looking at the markings on the ballot, and
place the ballot in the identification envelope and seal it.
B. Counting Absentee Ballots
All absentee ballots returned by the close of polls on Election Day, whether returned
in person or by mail, must be included in the unofficial results if the ballots meet all
other requirements of law.
Valid absentee ballots received after the close of polls on Election Day through the 10th
day after the election, including ballots whose identification envelopes were insufficient
but were cured by the 7th day following the election, must be included in the official
canvass.
Boards may not count an absentee ballot in the following situations:57
57

The required information provided on the absentee ballot identification envelope
is incomplete (it is incomplete if it does not include the voter’s name, the voter’s
residence address, the voter’s date of birth, the voter’s signature, and a qualifying
form of identification) or insufficient;58

The signature of the voter does not correspond with the voter's registration
signature;59

The voter is not a qualified elector in the precinct as of Election Day;60

The ballot envelope contains more than one ballot of any one kind, or any voted
ballot that the elector is not entitled to vote;61
R.C. 3509.07; 3503.16.
R.C. 3509.07(A).
59
R.C. 3509.07(B).
60
R.C. 3509.07(C).
61
R.C. 3509.07(D).
58
Directive 2014-18 Absentee Voting
Page 13 of 13

Stub A is detached from the absentee ballot62;

The voter has not included any identification with the ballot;63

The voter provides a different address than the address at which the voter is
registered64. Ohio law does not permit an absentee ballot identification envelope
to be used as a voter registration form, change of name form, or change of address
form. If the address on the absentee ballot identification envelope indicates that
the voter’s registration information is out of date and that the voter would be
required to vote a provisional ballot, the absentee ballot cannot be counted; or
A Non-UOCAVA ballot contains no postmark and is received after 7:30 p.m. on
Election Day or is postmarked later than the day before Election Day. Please note
that a postmark is not required in order for a UOCAVA ballot to be valid. The
Board must count an otherwise valid UOCAVA ballot regardless of whether it
contains a timely postmark, a late postmark, or no postmark.65

If an absentee ballot envelope does not meet the requirements to be counted the Board
must not count the ballot. The Board must endorse the back of the envelope "Not
Counted," write on the envelope the reason the ballot was not counted,66 and retain the
rejected ballot pursuant to established retention schedules.
If you have questions concerning this Directive, please contact the Secretary of State’s elections
counsel assigned to your county at (614) 466-2585.
Sincerely,
Jon Husted
62
R.C. 3509.07(E).
R.C. 3509.08(F).
64
R.C. 3509.06(D)(3)(a)(ii).
65
R.C. 3511.11(C).
66
R.C. 3509.07.
63
DIRECTIVE 2012-46
September 14, 2012
To:
All County Boards of Elections
Directors, Deputy Directors, and Board Members
Re:
Security of Board of Elections Office, Security, Proper Storage, and Transport of Voting
Equipment, Ballots, and Election Data Media
SUMMARY
This Directive outlines the measures that each board of elections must implement to ensure the
security of its office and the security, proper storage, and transport of its voting equipment,
ballots, and election data media. Specifically, it addresses the following topics:
•
•
•
•
•
•
•
•
•
Security of the board office;
Secure and proper storage of voting equipment;
Inventory of voting equipment;
Secure and proper storage of ballots and election data media;
Inventory of ballots;
Secure transport and delivery of voting equipment and election day supplies;
Polling place security and emergency response;
Secure return of ballots and election day supplies; and
Security of voting system and tabulation programs and software.
This Directive rescinds and replaces Directives 2008-25, 2008-56, 2008-54 1 , 2008-57, 2008-68,
2008-72, and 2008-73, 2011-19, and Advisory 2008-20.
INSTRUCTIONS
A. Security of the Board Office
Each board of elections is required to adopt a policy regarding the overall security of its office.
This policy already may be contained, in whole or in part, within the board’s Election
Administration Plan (EAP). Boards of election must review their plan to ensure that it is
complete and consistent with this Directive.
1
Please see Directive 2011‐19 for guidance on encoding key cards. Directive 2012-46 Security of Board of Elections Office, Security, Proper Storage, and Transport of
Voting Equipment, Ballots, and Election Data Media
Page 2 of 8
When adopting its security policy, a Board must consider, at minimum, the following:
1. How it can best prevent unauthorized access to the board office;
2. How board staff will register and supervise visitors;
3. How the Board can restrict access to those areas of its office that house voting equipment,
election materials, and its tabulation and voter registration servers;
4. How will the board regularly audit its records and procedures to ensure they are being
followed; and
5. If there is a violation of the security policy, what is the reporting process?
B. Secure and Proper Storage of Voting Equipment
In addition to adopting a policy to address the overall security of the board office, each board of
elections must adhere to the following guidelines in storing voting equipment at its office or
other designated site whenever the equipment is not in use.
•
To prevent damage and maintain the integrity of the equipment, each board of elections
must store its voting equipment properly in a secure, clean, and climate-controlled area.
•
Physical security of voting equipment in the storage area must be maintained at all times.
Access to the equipment should be limited to the least number of board personnel as
possible.
•
All equipment, along with the cases, cabinets, and/or shelving units that house the
equipment, must be locked under a dual-control lock system, such that any access to the
equipment requires a bipartisan team. The Director or Designee of the same political
affiliation must hold one key or lock combination and the deputy director or designee of
the same political affiliation must hold the other key or lock combination.
•
The identification of any visitor, vendor, or maintenance personnel must be verified
before he or she may be granted access to the equipment storage area. The Board must
keep a log of the name of each visitor, vendor, or maintenance person who enters the
area, along with the date and time of his/her entry and exit. Visitors should be monitored
at all times. The best method for access control is one that uniquely identifies the person,
authorizes entry, and logs the date and time of access (i.e., badges, door entry access
devices, and video monitoring system).
•
The storage area must be equipped with a monitored, alarmed smoke detection system
and the proper fire extinguisher(s) or suppression system, so, if a fire occurs, it may be
detected, extinguished, or suppressed as quickly as possible. Board personnel must be
trained on how to respond to a fire in the storage area.
•
All voting equipment must be stored properly. Each Board must contact the manufacturer
of its voting equipment and request and review the voting equipment or system manual
for instruction on the proper storage of the equipment. Please note that improper storage
of the equipment may affect the voting system maintenance agreement and/or the
equipment’s warranty.
Directive 2012-46 Security of Board of Elections Office, Security, Proper Storage, and Transport of
Voting Equipment, Ballots, and Election Data Media
Page 3 of 8
•
The storage area must be clean and free of excess dust, debris, and pests. The Board
should routinely inspect and clean the area. Voting equipment must not be stored on the
ground in an area prone to flooding or in any area where liquid accumulates.
C. Inventory of Voting Equipment
The Board must inventory all of its voting equipment and maintain a list of each item of
equipment and its corresponding serial number. Additionally, for each piece of equipment, the
Board must retain the following:
•
•
•
•
•
Invoice, purchase order, or other documentation of the purchase of the equipment;
Chain of Custody Log for at least 90 days following every election;
Record of the equipment’s usage (i.e., the date and location of use and the individual(s)
using the equipment);
A report of any damage to or unauthorized handling of the equipment; and
Any repair history (when, where, by whom, for what purpose, and the outcome) and
documentation of the repair.
The inventory list must be maintained and reviewed on a regular basis by the board’s Director
and Deputy Director.
D. Secure and Proper Storage of Ballots and Election Data Media
For purposes of this section, ballots and election data media includes, but is not limited to the
following:
•
•
•
•
•
•
•
Optical scan ballots prepared by a vendor or printed in house by the Board for use in an
upcoming or previous election;
Blank ballot stock for a Ballot on Demand (BOD) printer;
All memory cards or PCMCIAs;
CDs or USB drives that house election results;
VVPATs;
Personal Electronic Ballot (PEB) cartridges; and
eCM tokens.
When not in use, all ballots and election data media also must be stored properly in a clean and
climate-controlled environment that is equipped with a monitored, alarmed smoke detection
system, and the proper fire extinguisher(s) or suppression system following the guidance
provided above for the storage voting equipment. These items must not be stored on the ground
in an area prone to flooding or in any area where liquid accumulates. Food and beverages should
never be stored or consumed within the storage area.
Access to ballots and election data media must be restricted to authorized personnel only. These
items should be segregated and stored in a separate, locked room or storage unit (e.g., cabinet)
designated for that purpose. As with voting equipment, ballots and election data media must be
Directive 2012-46 Security of Board of Elections Office, Security, Proper Storage, and Transport of
Voting Equipment, Ballots, and Election Data Media
Page 4 of 8
locked under a dual-control lock system. An explanation of a dual-control lock system is
provided above under “Secure and Proper Storage of Voting Equipment.”
Ballots must be stored as recommended by the printer (or, if storing blank ballot stock, as
recommended by the manufacturer of the blank ballot stock). They must be stored in protective
cases, containers, or if recommended by the printer or manufacturer, in their original packaging.
Election data media should be stored in a sleeve or case and should be marked so that each item
is easily identifiable.
E. Inventory of Ballots
The Board must inventory all ballots by implementing the following procedures:
•
If optical scan ballots are printed by an outside source, the Board must maintain a list of
the ballot styles and the number of ballots for each style that are delivered to the Board
by the printer. The Board must document any discrepancy between what was ordered and
what was received and the steps taken to rectify the discrepancy. The Board must also
maintain a list of the sequence numbers of the ballots received, the number and sequence
number range of the ballots that will be provided to each precinct, and number and
sequence number range of the ballots for absentee and provisional voting. The Board
must document the disposition of each ballot (i.e., voted, unvoted, or spoiled).
•
If optical scan ballots are printed in house via a BOD printer, the Board must document
the use of each sheet of blank ballot stock. 2
A Chain of Custody Log must be used to document the delivery of optical scan ballots to each
precinct.
F. Secure Transport and Delivery of Voting Equipment and Election Day Supplies
Each board of elections must arrange for the delivery of voting equipment to polling locations
prior to or on Election Day. If voting equipment will be delivered to a polling location prior to
Election Day, the Board must arrange for the security of the equipment at the polling location.
The storage of voting equipment at a precinct election official’s home, vehicle, or place of
employment is prohibited, and a precinct election official must never retain custody of voting
equipment overnight.
At a polling location, voting equipment must be stored in the manner recommended by the
voting equipment manufacturer and in a clean and climate-controlled environment. The
equipment must not be stored on the ground in an area prone to flooding or where liquids
accumulate.
2
No board of elections shall use a ballot-on-demand system unless each ballot printed by the system includes a
tracking number. R.C. 3506.20(B).
Directive 2012-46 Security of Board of Elections Office, Security, Proper Storage, and Transport of
Voting Equipment, Ballots, and Election Data Media
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If memory cards are inserted into the voting machines when they are delivered to a polling
location or transferred to a precinct election official, the Board is required to use tamper evident
seals to allow detection if the memory card is tampered with while in the machine. The seal must
be unique to each machine with a documented, unique identifier that corresponds to the
particular voting machine. Documentation of the unique identifier for the tamper evident seal as
it corresponds to a particular voting machine should be maintained on three lists. Two lists must
be retained in a secure location at the board office, with one kept by the Director and the other by
the Deputy Director.
Upon set up and closing, precinct election officials must inspect all pieces of voting equipment
that are assigned to their precinct for any physical damage. Precinct election officials must
document the inspections on a maintenance/event log provided by the board of elections and
must specifically note any signs of damage or tampering discovered on the equipment or cases
used to house the equipment.
Additionally, boards of elections must use a chain of custody log (SOS Form 400 or local
equivalent) to document the exchange of custody of voting equipment, election supplies, and/or
ballots. Boards of Election should train precinct election officials on inspection of tamper evident
seals so they know what to look for when inspecting the equipment.
G. Polling Place Security and Emergency Response
Precinct election officials must maintain control over all voting equipment, keys, memory cards,
ballots, and all other election supplies at all times. Any suspicious activity or damage to the
equipment must be reported to the board immediately. The Board must provide each presiding
judge with a list of persons to contact in the event of an emergency.
Precinct election officials must be instructed that, in the event of an emergency, their first
priority is the safety of the electors and other election officials. Precinct election officials should
remove voting equipment, election supplies, and ballots only if it may be done safely. If any
voting equipment, election supplies, and ballots are removed from a polling location, at least one
(preferably two, one of each major political party) must remain with the equipment and supplies
at all times.
H. Secure Return of Ballots and Election Day Supplies
At the close of polls, all ballots and election supplies (i.e., pollbooks, poll lists, tally sheets,
election reports, and other materials) must be returned by a bipartisan team to the board of
elections office or other location designated and staffed by the Board. The bipartisan team must
consist of the presiding judge and an employee or appointee of the board who is a member of a
different political party than the presiding judge and “has taken an oath to uphold the laws and
constitution of this state, including an oath that the person will promptly and securely perform
the duties [of promptly and securely transporting and delivering ballots and election supplies to
the board of elections].” 3
3
R.C.3505.31. Directive 2012-46 Security of Board of Elections Office, Security, Proper Storage, and Transport of
Voting Equipment, Ballots, and Election Data Media
Page 6 of 8
When transporting ballots and election supplies, the bipartisan team must travel in the same
vehicle. The Board is permitted to have one or more additional persons, such as a law
enforcement official, accompany the bipartisan team. One bipartisan team may transport the
ballots and election supplies for an entire multi-precinct polling location.
I. Security of Voting System and Tabulation Programs/Software
No voting machine 4 or component of a voting system may be connected to the internet. A voting
system includes the total combination of mechanical, electromechanical, and electric equipment,
including software or firmware required to program, control, and support the equipment that is
used to: set up elections, define ballots cast, receive voting data from polling places, count votes,
report or display election results, and maintain and produce any audit trail information. The
board’s voter registration server is not considered a voting machine or component of a voting
system for purposes of this section.
Voting machines or components of a voting system may only be connected via a local computer
network cable to the central tabulating system (a closed local network) for the purpose of
creating or uploading memory cards, ballots definitions, precinct results, and other required
tasks. Additionally, voting machines in a polling location may be connected to a closed local
network.
Election results, ballot definitions, or other similar information must never be transferred to a
voting system via the internet (except that blank ballots may be transmitted to a UOCAVA voter
via the internet or facsimile).
No one may download or install software or firmware on a voting machine or components of a
voting system without prior approval from the Secretary of State’s Office.
J. Passwords
In order to maintain the proper security of the voting equipment and central tabulating system the
following password protocols must be used:
•
•
A BIOS password shall be required for all vote tabulation sever systems, forcing users to
enter a correct BIOS password in order to boot the machine.
All central tabulating systems must be password protected. At a minimum the passwords
must be composed as follows:
o The password must be split with authorized Republican personnel possessing half
of the password and authorized Democratic personnel possessing the other half of
the password;
o The entire password must be at least 12 characters or the minimum number that
the system will accommodate, whichever is greater;
o Each half of the password must have a number included in it;
o Each half of the password must include one non-alphanumeric character;
o Each half of the password must include mixed-case letters; and
4
R.C.3506.22.
Directive 2012-46 Security of Board of Elections Office, Security, Proper Storage, and Transport of
Voting Equipment, Ballots, and Election Data Media
Page 7 of 8
o The entire password must have no more than two consecutively repeating
characters.
•
•
•
•
Both the BIOS and central tabulating system software passwords must be required to be
changed prior to every election.
Both the BIOS and central tabulating system software passwords must require 10 unique
passwords prior to reuse of a prior password.
Both the BIOS and central tabulating system passwords shall be distributed to only
authorized users. This means that the posting of the either half of a password on a
monitor or keyboard is strictly prohibited.
The system shall log out users after five minutes of inactivity.
K. User Account Management
For all IT systems containing voter information and central tabulating systems, boards of election
must require every user to have a single unique user ID and a personal password unique to that
user. This ID and password must be required for multi-user access to computers and networks.
L. Access Log
Directors and Deputy Directors shall regularly monitor the access logs maintained by their
election management systems and voting system servers. When checking these logs, Directors
and Deputy Directors should look for any unusual or suspicious access or activity on the system.
Examples of this kind of activity would be accessing the systems at unusual hours and with
unusual frequency. Electronic logs must not be disabled.
M. Third Party Access to Voting System
Board policies on voting system server security must prohibit individuals who are not
employees, contractors, or consultants of the board of elections or Secretary of State's Office
from being granted a user ID or otherwise be given privileges to access any network or
component of the election system within the board offices or at a satellite location, unless the
written approval of both the Board's Chairman and Director have been obtained.
Before providing to any third party access to any network or component of the election system
within the board's offices or at a satellite location, written documentation defining the following
shall be executed: The scope of work and authorization for access to any network or component
of the election system within the board offices or at a satellite location; relevant terms, including
the name of a responsible manager at the third party organization; and the timeframe, with
starting and ending dates and times, if applicable, for access.
Directive 2012-46 Security of Board of Elections Office, Security, Proper Storage, and Transport of
Voting Equipment, Ballots, and Election Data Media
Page 8 of 8
If you have questions regarding this Directive, please contact Matthew Masterson at (614) 4662585.
Sincerely,
Jon Husted
Jon Husted
Ohio Secretary of State
180 East Broad Street, 16th Floor
Columbus, Ohio 43215
Tel: (877) 767-6446
Fax: (614) 644-0649
www. OhioSecretaryofState.gov
DIRECTIVE 2012-22
June 13, 2012
To:
All County Boards Of Elections
Re:
Remaking Optical Scan Ballots
SUMMARY
This Directive instructs boards of elections on the proper procedure for remaking optical scan
ballots that cannot be accurately read by automatic tabulating equipment. The intent is to ensure
that every validly cast ballot is properly counted. This Directive replaces Directives 2008-110,
2008-69, and 2007-031, which are rescinded.
DETERMINING WHICH BALLOTS MAY BE REMADE
To enable board members to efficiently and effectively confirm which ballots must be remade,
designated teams, consisting of an equal number of board employees from each major political
party, may sort ballots with similar problems into separate categories for board members to
review. For example, one category might include all ballots that were marked correctly, but are
torn or mutilated. Another category might include ballots on which all the ovals were
consistently circled, rather than filled in. The board members must review the categories of ballot
to determine which ballots to remake.
A. Categories of Ballots to be Remade
1.
Folded, Torn, and Mutilated Ballots and/or Ballots with Technical and Printing
Deficiencies
If a designated team determines that a voter marked the ballot in accordance with the
instructions printed on the ballot, but the automatic tabulating equipment is unable read
the ballot because the ballot is folded, torn or mutilated, or the ballot has technical or
printing deficiencies (e.g., timing marks on the ballot are misaligned, improperly cut
ballots causing skew, etc.), the designated team may remake the ballot in anticipation of
the board's determination. The remade ballot must continue to be segregated, along
with the original ballot, and uncounted until the board of elections acts.
2.
Voter Failed to Follow Instructions — Determining Voter Intent
A board of elections has statutory authority to determine the intent of a voter who
marked the entire ballot contrary to the instructions provided and to remake the ballot
Directive 2012-22 Remaking Optical Scan Ballots
Page 2 of 3
to reflect that intent.1 If a voter failed to mark any of the ballot according to the
instructions printed on the ballot, the board of elections, by majority vote in public
session, must determine voter intent before remaking the ballot. Voter intent is
determined by examining the ballot for a mark that was consistently made, contrary to
voting instructions.
If a voter marked the entire ballot contrary to the instructions provided, the board must
follow the guidelines set forth in R.C. 3506.21 (B)(l) to determine voter intent on that
ballot:
(B)(l) *** any of the following marks, if a majority of those marks are
made in a consistent manner throughout an optical scan ballot, shall be
counted as a valid vote:
(a) A candidate, question, or issue choice that has been circled by the voter;
(b) An oval beside the candidate, question, or issue choice that has been
circled by the voter;
(c) An oval beside the candidate, question, or issue choice that has been
marked by the voter with an "x," a check mark, or other recognizable
mark; or
(d) A candidate, question, or issue choice that has been marked with a
writing instrument that cannot be recognized by automatic tabulating
equipment.
After a majority of board members determine voter intent, the board shall follow the
procedures for remaking the optical scan ballot set forth in this Directive. If three of the
board members do not agree as to how any part of the ballot shall be counted, only that
part of the ballot on which three board members do agree shall be counted.2
If a voter's intent for any one contest on a ballot is indeterminate, a board is prohibited
from remaking the ballot when any part of the ballot is correctly marked and is able to
be scanned by automatic tabulating equipment.3 In such a case, the board shall tabulate
the ballot using the automatic tabulating equipment, which will record only the votes
that the voter marked in accordance with the instructions.
B. Procedure for Remaking Ballot
If the board has determined that a ballot needs to be remade because (1) it is folded, torn
and/or mutilated, or the ballot has technical and/or printing deficiencies, or (2) because the
voter marked the entire ballot contrary to the instructions, then a designated team remakes
the ballot as follows:
1.
One team member must read aloud the voter's choice for a particular office or
question/issue.
'RC 3506.21
2 Tie votes on voter intent are not submitted to the Secretary of State. RC 3505.27
3
RC 3506.21(B)(2).
Directive 2012-22 Remaking Optical Scan Ballots
Page 3 of 3
2. Another team member, of the opposite political party, must fill in the corresponding
oval consistent with the voter's choice.
Note: Both members of the team should verify that the remade ballot was marked
consistent with the voter's choice.
3.
The team must mark the original ballot with an identifying mark or code, such as
"OVB1" (Original Voted Ballot 1).
4.
The team shall mark the remade ballot with an identifying mark or code to identify this
remade ballot with the original ballot, such as "RBI" (Remade Ballot 1).
Note:
Place the identifying mark or code in an area on the ballot that will not
interfere with the tabulation process.
5.
After all the eligible ballots have been remade, the ballots shall be tabulated.
No remade ballot shall be tabulated unless and until a majority of board members has
confirmed or determined its eligibility.
RETENTION OF ORIGINAL AND REMADE BALLOTS
All boards of elections remaking any ballots under these procedures shall keep both the original
voted ballot and the remade ballot for the duration of the applicable document retention period.
If you have questions concerning this Directive, please contact the Secretary of State elections
attorney assigned to your county at (614) 466-2585.
Jon Husted
Ohio Secretary of State
180 East Broad Street, 16th Floor
Columbus, Ohio 43215
Tel: (877) 767-6446
Fax: (614) 644-0649
www. OhioSecretaryofState.gov
DIRECTIVE 2012-21
June 13,2012
To:
All County Boards of Elections
Re:
Observers
SUMMARY
The purpose of this Directive is to clarify issues regarding observer activity throughout various
stages of the election process. This Directive replaces Directives 2008-29, 2008-97, and
Advisory 2008-34, which are rescinded.
All boards of elections are instructed to provide one copy of this Directive to each political party,
candidate, group of candidates, or issue committee ("appointing authorities") filing forms
appointing observers for any election.
INSTRUCTIONS
I.
Categories of Observers
There are several points during an election at which the presence of observers is
contemplated. For ease of discussion, these types of observers have been grouped into
separate categories as follows:
•
Observers at an In-Person Absentee Voting Location;
•
Observers at a Board of Elections Office prior to the Official Canvass;
•
Observers at Precincts on Election Day;
•
Official Canvass Observers;
•
Recount Observers; and
•
Election Audit Observers
Directive 2012-21
I.
Observers
Page 2 of 11
General Rules for All Categories of Observers
There are some general principles that apply to all observers, regardless of what category
the observer falls into.
A. Qualifications
All observers (except recount observers) must be qualified electors in the State of Ohio.
However, observers do not need to be registered to vote in the particular county where
they will observe. For qualifications relating to recount observers, see pages 7-8 of this
Directive.
B. Persons Not Eligible to Observe
The following people are not permitted to serve as observers at an in-person absentee
voting location, at a board office prior to the official canvass, or at a precinct on
Election Day1:
•
Uniformed peace officer;
•
Uniformed state highway patrol trooper;
•
Uniformed member of any fire department;
•
Uniformed member of the armed services or the organized militia;
•
No person wearing any other uniform; or
•
No candidate, unless the candidate is also a member of the party controlling
committee.
A candidate is permitted to serve as an observer at an official canvass, recount, or
election audit. An observer may not accept compensation from a county, city, village,
or township for serving as an observer.
C. Oath
Every observer is required to take an oath prior to commencing his or her duties. The
form of the oath is prescribed as follows:
"You do solemnly swear that you will faithfully and impartially discharge the duties
as an official observer, assigned by law; that you will not cause any delay to persons
'R.C. 3505.21, HI
2 R.C. 3505.21,1f4
Directive 2012-21
Observers
Page 3 of 11
offering to vote; and/or that you will not disclose or communicate to any person how
any elector has voted at such election."3
For observers on Election Day, a judge of elections must administer the above oath.
For all other observers, an election official, director, or deputy director may administer
the oath. Additionally, where an observer is observing over the course of multiple days,
that observer does not need to take the oath every day. It is sufficient to have the
observer affirm to an election official each day that the observer understands that he or
she is still under oath.
D. Election Officials' Duties
Several Ohio statutes provide that election officials have a responsibility to allow
observers to be present. That responsibility carries with it a connected right to remove
observers from their posts under very limited circumstances including behavior
inconsistent with Ohio law or Secretary of State Directive, or that interferes with,
impedes, or disrupts an election.4
II.
Observers at In-Person Absentee Voting Locations, Board of Elections Offices, and
Precincts on Election Day
Appointing authorities are permitted to appoint observers at an in-person absentee voting
location, a board of elections office prior to the official canvass, and precincts on Election
Day.
A. Appointing Authority Defined
The following "appointing authorities" are permitted to appoint observers at any
primary, special, or general election:
•
Any political party (county or state) that is supporting candidates to be voted upon
at that election
•
Any group of five or more candidates
•
A ballot issue committee recognized by the board of elections pursuant to law as
supporting or opposing a ballot issue.5
Any committee that in good faith advocates or opposes a ballot question or issue may
file a petition with the county board of elections asking to be recognized as the
3 R.C. 3505.21, H5
4 R.C. 3501.33 and 3505.21,^1
5 R.C. 3505.21,^1,113
Directive 2012-21
Observers
Page 4 of 11
committee entitled to appoint observers for the election. Such petitions must be filed no
later than 4:00 p.m. on the 20th day before election.6 If more than one committee files to
be the recognized committee advocating or opposing a measure, the board must decide
which committee will be recognized as being entitled to appoint observers. The board
must make this decision not less than 12 days prior to the election and send a notice via
registered mail to each committee.7
B. Notice of Appointment
An appointing authority must first notify the board of elections of the names and
addresses of its appointees and the location(s) at which they will serve.8 As discussed
above, potential locations include the board's in-person absentee voting location, the
board office, and specific precincts for Election Day. Keep in mind that one person is
permitted to observe at multiple locations, as the observer may spend parts of the day at
several locations, or observe at different locations depending on the day and point in the
election.
1.
Timing
Written notification must be given to a board of elections not less than 11 days
before the election on forms prescribed by the Secretary of State. Written
amendments for a notification may be filed with the board of elections at any time
until 4:00 p.m. the day before the election.9 An amendment may substitute one
observer for another at a precinct or board of elections identified in the original
filing. However, an amendment cannot add a location that was not identified in the
original filing. An amendment also cannot add additional observers at a location or
serve to expand the number of observers at a location beyond what is permitted.
2.
Forms
The following Secretary of State forms should be used to notify boards of elections
of appointments and any subsequent amendments:
•
A state or county political party committee will use Form 214, signed by the
chairperson and secretary of the controlling committee.
•
6 R.C. 3505.21,^3
7 R.C. 3505.21,13
8 R.C. 3505.21
9 R.C. 3505.21
Groups of candidates will use Form 216, signed by the group of candidates.
Directive 2012-21 Observers
•
Page 5 of 11
A recognized ballot issue committee will use Form 219, signed by committee
members.
Appointing authorities are encouraged to file original documents with a county
board of elections in person. However, filing by facsimile or electronic mail with a
PDF attachment is permissible. An appointing authority bears the risk of improper
or incomplete transmittal of a notice of appointment or amendment for an observer.
C. Certificate of Appointment
After filing a timely notice of appointment with the board of elections, the appointing
authority is responsible for issuing a certificate of appointment to the observer. The
following Secretary of State forms should be used to issue certificates of appointment
to observers:
•
A state or county political party committee will use Form 215, signed by the
chairperson and secretary of the controlling committee.
•
Groups of candidates will use Form 217, signed by the group of candidates.
•
A recognized ballot issue committee will use Form 220, signed by committee
members.
The duly appointed observer will present his or her certificate of appointment to the
appropriate election official at the time that the observer arrives at the location where
he or she will observe.
D. Observers at an In-Person Absentee Voting Location
Observers may be appointed to observe the casting of ballots at an in-person absentee
voting location. Depending on the particular county, this location will either be the
board office or a separate designated site.
An appointing authority is permitted to appoint one observer to the in-person absentee
voting location. Because in-person absentee voting occurs over multiple days, it may be
prudent for a board to permit the substitution of observers on different days. However,
an appointing authority cannot have more than one observer observing the casting of
ballots at an in-person absentee voting location at any one time.
£. Observers at a Board of Elections Office
Observers may be appointed to a board of elections office to observe the casting of
ballots, the examination and opening of absent voters' ballots, the casting and counting
Directive 2012-21
Observers
Page 6 of 11
of ballots at the board of elections office on Election Day, and the processing of
provisional ballots leading up to the official canvass.
A board of elections must notify appointed observers of the times when the board will
be processing and counting absent voters' ballots. Likewise, a board of elections must
notify all duly appointed observers of the times when the board will be determining the
eligibility of provisional ballots to be counted.10
An appointing authority is permitted to appoint one observer to the board of elections
office.11 Under appropriate circumstances, a board of elections may choose to permit
an appointing authority to appoint more than one observer to a board of elections office.
For instance, where the processing of provisional ballots will take place over a number
of days, it would be prudent for the board to permit an appointing authority to appoint
multiple observers and/or permit the substitution of observers.
Please note that an observer appointed to observe at the board office is permitted to
observe at the board office and at any precinct in the county.12 An appointing authority
is only allowed to have one observer who is permitted to observe at both the board
office and at any precinct in the county. Such an observer will file his or her certificate
of appointment with the board of elections, and then shall take a copy of the certificate
with him or her to present to the presiding judge at any of the precincts he or she visits.
F. Observers at Precincts on Election Day
Observers may be appointed to observe the casting and counting of ballots at one or
multiple precincts on Election Day.
An appointing authority for candidates is permitted to appoint one observer to each
precinct in a county. An observer may be appointed to observe at multiple precincts,
but no more than one observer may be appointed to each precinct.13
An appointing authority for a ballot question or issue is permitted to appoint one
observer to each precinct in a county. An observer may be appointed to observe at
multiple precincts, but no more than one observer may be appointed to each precinct.14
However, there are some additional limitations where ballot question or issue observers
are involved. At any election, a precinct cannot have more than six observers total
appointed by separate ballot issue committees. Where the number of observers exceeds
10 R.C. 3505.183(D)
11 R.C. 3505.21
12 R.C. 3505.21^1
13 R.C. 3505.21, HI
14 R.C. 3505.21,1J3
Directive 2012-21
Observers
Page 7 of 11
six, the recognized ballot issue committees may agree upon which observers will
observe. If the committees fail to agree, the judges of election will choose six
observers from the certified appointees in a manner that represents each side of the
several issues.15
Observers appointed to precincts on Election Day are permitted to be present from the
opening until the closing of the polls, as well as after the polls close. Accordingly, an
observer would be permitted to be present from one-half hour before the polling place
opens through the time the poll workers for that precinct finish processing the ballots
cast or collected in that precinct, and have completed all other post-closing
responsibilities and have taken all actions to return the ballots and other supplies to the
board of elections.16
III.
Official Canvass Observers
Certain appointing authorities are permitted to designate a qualified elector to observe the
making of the official canvass. The following "appointing authorities" are permitted to
appoint an observer to the official canvass:
•
The county executive committee of each political party;
•
Each committee designated in a petition nominating an independent or nonpartisan
candidate;
•
Each committee designated in a petition to represent the petitioners for a ballot
question or issue; or
•
Any committee opposing a ballot question or issue that was permitted to have a
qualified elector serve as an observer at the election pursuant to R.C. 3505.21,17
Boards of elections must require the designation of an official canvass observer to be in
writing, signed by a recognized member of the group appointing the observer. Following
the instructions given on pages 3-4, an appointing authority may file this written
appointment in person, via facsimile or electronic mail using a PDF.
IV.
Recount Observers
A. Candidate Recounts
For candidate recounts, each candidate in the contest to be recounted may attend and
observe the recount and may designate one other person in addition to him or herself,
not necessarily an elector, to also observe the recount on his or her behalf. In the event
15 R.C. 3505.21
16 R.C. 3505.21,3506.13
17 R.C. 3505.32
Directive 2012-21 Observers
Page 8 of 11
that a county board of elections performs the recount at more than one station, the
candidate may appoint a sufficient number of observers to have one at each station for
the time during which that station is actively recounting ballots.18
B. Question or Issue Recounts
For question or issue recounts, the designated chairperson of a committee organized in
accordance with R.C. 3505.21 to support or oppose a ballot question or issue may
observe. Additionally, an attorney appointed as legal counsel by the committee may
also observe.19
C. Method of Appointment
The appointment of recount observers must be in writing, signed by the candidate or
ballot issue chairperson, and submitted to the board of elections no later than five days
following board notification of the date and time of the recount.
Following the
instructions given on pages 3-4, an appointing authority may file these documents in
person, via facsimile or electronic mail using a PDF.
V.
Election Audit Observers
Any entity that appointed observers pursuant to R.C. 3505.21, or official canvass observers
pursuant to R.C. 3503.32, may appoint observers to the post-election audit. Appointments
must be made in writing, signed by a recognized member of the group appointing the
observer, no later than five days after the board gives notice of the date and time of the
post-election audit. Substitutes may be appointed if notice of the substitution is made in
writing and filed with the board of elections at least one day before the post-election audit
begins. Following the instructions given on pages 3-4, an appointing authority may file
these documents in person, via facsimile, or electronic mail using a PDF.
VI.
Rights and Limitations of Observers
The provisions of this section apply to observers at all stages of an election. However,
please note that some provisions will relate solely to a certain category of observers or a
particular situation as described below.
18 R.C. 3515.03
19 R.C. 3515.03
20 R.C. 3515.03
Directive 2012-21
Observers
Page 9 of 11
A. Watching and Inspecting
Observers at a precinct are permitted to "watch every proceeding of the judges of
elections from the time of the opening until the closing of the polls."21 Observers are
also permitted to "inspect the counting of all ballots in the polling place or board of
elections from the time of the closing of the polls until the counting is completed and
the final returns are certified and signed."22 The role of observers is limited to
observing the proceedings of an election. Accordingly, while observers are permitted to
watch and inspect, observers are never permitted to handle any election materials.
B. Observer Communication with Election Officials
While observers are permitted to engage precinct election officials in casual
conversation, including gathering information about how the voting location is being
run during down times, their statutorily appointed purpose is to "watch." Observers are
not to serve as enforcers of the laws nor act as advocates for voters before the precinct
election officials. They may, however, leave the voting area to contact the Board of
Elections to raise concerns, which, the Board of Elections may, in turn and as
appropriate, address. Observers may never interfere with election officials completing
their official duties.
C. Movement of Observers within Polling Place
Observers are permitted to move freely about the polling place to the extent that they do
not engage in any prohibited activity (see Limitations, below).
Observers are not permitted to observe at precincts to which they are not duly
appointed.
D. Movement of Observers within Board of Elections
Observers are permitted to observe in any area where ballots are being cast, processed,
counted, or recounted at a board of elections office, and generally, may move about
freely to do so to the extent that they do not engage in any prohibited activity (see
Limitations, below). A board may deny an observer access to parts of its office where
ballots are not being cast, processed, counted, or recounted.
21 R.C. 3505.21
22 R.C. 3505.21
23 R.C. 3505.21
Directive 2012-21 Observers
Page 10 of 11
E. Recount Observer Conduct
A recount observer may freely observe the recount, but cannot interfere with the
recount or touch the ballots. Because such challenges are reserved for a Contest of
Election, observers at a recount may not challenge the board's determination of whether
or not a ballot or vote is counted during a recount.24
F. Limitations
1.
Statutory Prohibitions
Although observers are granted the ability to move about the polling place as they
conduct their duties within the polling place, including the area marked by the flags,
observers must be mindful that certain behavior is prohibited, including:
•
Engaging in any kind of election campaigning;
•
Hindering or delaying an elector in reaching or leaving the polling place;
•
Impeding, interfering with, or disrupting the election in some manner;
•
Intimidating, harassing, or attempting to influence voters or precinct election
officials;
•
Carrying a firearm or other deadly weapon; or
•
Risk violating the secrecy of the ballot or the privacy of voters.
Unless specifically exempted by law, all observers are subject to the statutory
prohibitions in Title 35 of the Revised Code, including, but not limited to, R.C.
3501.35, 3501.90, and any relevant section of Chapter of 3599.
2.
Communication Devices and Audio Video Devices
Observers may not use any electronic or communication device or any audio/visual
recording device in any manner that impedes, interferes with, or disrupts an
election, or in any way intimidates a voter, risks violating the secrecy of the ballot
or voter privacy. Observers using a cellular or digital telephone, walkie-talkie, or
any other wired, wireless, or satellite audio communication device to discuss the
election or a perceived problem with the administration of the election may not do
so within the polling place. Absent a person engaging in harassment,25 nothing in
this section shall be interpreted to prevent an observer from collecting or
24 OAG 1974-103
25 As defined by R.C. 3501.90.
Directive 2012-21
Observers
Pace 11 of 11
transmitting information from the registration lists posted throughout the day in
each precinct pursuant to R.C. 3503.23(C).
G. Removal
Only the presiding judges, directors, deputy directors, and appointing authorities have
the authority to administratively remove observers from their posts. Additionally, law
enforcement officials have the statutory duty to remove observers at the order of one of
the above listed election officials.26
If the observer is removed, the person removing the observer may request his or her
certificate of appointment and return it to the board office with a notation that the
observer was removed from the polling location.
If you have any questions concerning this Directive, please feel free to contact the Secretary of
State's elections attorney assigned to your county at (614) 466-2585.
Sincerely,
Jon Husted
26 R.C. 3501.33
DIRECTIVE 2012-21-2
October 29, 2012
To:
All County Boards of Elections
Directors, Deputy Directors, and Board Members
Re:
Observers
BACKGROUND
Several county boards of elections have asked for more specific guidance on what Observers are
permitted to do inside of the polling place as it relates to the use of communications devices and
audio/video devices.
Directive 2012-21 reads, in part:
Observers may not use any electronic or communication devices or any audio/visual
recording device in any manner that impedes, interferes with, or disrupts an election, or
in any way intimidates a voter, risks violating the secrecy of the ballot or voter privacy.
Observers using a cellular or digital telephone, walkie-talkie, or any other wired,
wireless, or satellite audio communication device to discuss the election or a perceived
problem with the administration of the election may not do so within the polling place.
Absent a person engaging in harassment, nothing in this section shall be interpreted to
prevent an Observer from collecting or transmitting information from the registration lists
posted throughout the day in each precinct pursuant to R.C. 3503.23(C).
The requirements of state law regarding Observers and the instructions contained in Directive
2012-21 remain in full effect, subject to specific guidelines that follow.
INSTRUCTIONS
Observers may use communication devices and audio/video devices in and about the polling
place subject to the following conditions:
1) The devices must be set so as to produce no noise (low volume vibration settings are
permitted);
2) The devices may not be used to take photographs, videos, or to record or transcribe any
conversations inside the polling place (a camera is considered a device for purposes of
these instructions);
Directive 2012-21-2 Observers
Page 2 of 2
3) The Observer may not have an audible conversation inside the polling place using a
communications device or audio/video device;
4) The Observer may send and receive text messages, email communications, instant
messages, and similar other non-verbal, electronic communications using a
communications device or audio/video device;
5) The Observer may not use the communications device or audio/video device in any
manner that creates a disruption or disturbance within the polling place; and
6) The Observer may not use the communications device or audio/video device in any
manner that is intended or perceived to impede, interfere with, or disrupt an election, or
in any way intimidates a voter, or risks violating the secrecy of the ballot or a voter’s
privacy.
If you have any questions about these instructions or Observers generally, please contact the
Secretary of State’s elections attorney assigned to your county at (614) 466-2585.
Sincerely,
Jon Husted
Jon Husted
Ohio Secretary of State
18O East Broad Street, 16th Floor
Columbus. Ohio 43215 USA
Tel: (877) 767-6446
Fax: (614) 644-O649
WWW. SOS. STA TE. OH. US
DIRECTIVE 2011-33
October 14, 2011
TO:
ALL COUNTY BOARDS OF ELECTIONS
MEMBERS, DIRECTORS, AND DEPUTY DIRECTORS
RE:
Directing Voters to the Correct Precinct and Voting Location
At the beginning of this year, I proposed a set of reasonable election reforms that would better
balance voter access with administrative accuracy. Over the last six months, there has been
misinformation and confusion regarding whether or not precinct elections officials are to direct
voters to the correct precinct and voting location and what this will mean for Election Day.
As voters, it is our responsibility to be timely registered to vote at the proper residential address,
to know the correct precinct and voting location assigned, and to bring a valid form of
identification to the polls on Election Day. Precinct and voting location information for
registered voters is available online at
http://www.sos.state.oh.us/SOS/pollinglocation.aspx?page=361.
As good stewards of Ohio's elections, it is our duty to ensure our elections officials make every
reasonable effort to assist voters in getting to the right place, so their ballot can be counted. To
this end, I hereby direct county boards of elections to instruct all precinct elections officials to
direct voters to the correct precinct in which a cast ballot may be counted, with particular care
given to those voters at the wrong precinct within the correct multiple-precinct polling location.
This Directive will continue in effect regardless of the outcome of the referendum petition
campaign against Amended Substitute House Bill No. 194 of the 129th General Assembly.
If you have any questions about this Directive, please contact the elections attorney assigned to
your county.
Sincerely,
Jon Husted