State Codes and Statutes

Statutes > Ohio > Title35 > Chapter3505 > 3505_25

3505.25 Tabulation of optical scan ballots.

(A) As used in this section:

(1) “Designated agents” means a team of two persons who are members of different political parties, including law enforcement officers or employees or agents of a county board of elections who have taken an oath to uphold the laws and Constitution of Ohio, including an oath that they will directly, promptly, and securely collect the voted ballots from the polling places and deliver them to the board of elections.

(2) “Midday” means the period beginning at noon and ending at three p.m. on the day of an election.

(3) “Optical scan ballot” has the same meaning as in section 3506.21 of the Revised Code.

(B) Notwithstanding division (D) of section 3506.21 of the Revised Code or any other provision of the Revised Code to the contrary, a board of elections that voted, prior to February 1, 2008, to tabulate the unofficial results of optical scan ballots voted in a precinct polling place at the March 4, 2008, primary election at a central location may do both of the following:

(1) Tabulate the unofficial results of optical scan ballots voted on election day at a central location;

(2) Arrange to have voted ballots collected and delivered to the office of the board of elections at any time during midday. Voted ballots that have been properly sealed in locked containers shall be collected and delivered to the board by members of the board or by their designated agents.

(C) If a board of elections chooses to conduct a midday ballot collection under this section, the presiding judge of each precinct shall, by proclamation, announce that a midday collection of the ballots for delivery to the board of elections shall be conducted.

Two judges of elections, who shall be members of different political parties, shall do all of the following in the presence of any observers before the designated agents who have been assigned by the board of elections to collect and deliver the voted ballots collect those ballots from the polling location for midday delivery to the board of elections:

(1) Count the number of electors who have voted, as shown in the pollbook or poll list;

(2) Insert the number determined under division (C)(1) of this section on the report forms in the pollbook or poll list;

(3) Count the number of voted ballots. If the number of voted ballots exceeds the number determined under division (C)(1) of this section, the presiding judge shall enter in the pollbook or poll list an explanation of that discrepancy. If the remaining judges agree with the explanation, they shall subscribe their signatures in the pollbook or poll list along with the explanation. Any judge with a different explanation shall enter that explanation in the pollbook or poll list and subscribe the judge’s signature with that explanation.

(4) Separately retain spoiled ballots for reconciliation following the close of the polls.

Once the judges have determined the number of electors who have voted under division (C)(1) of this section and the number of ballots that have been voted under division (C)(3) of this section, the judges shall certify that information to the board of elections as of the time the presiding judge has proclaimed for the midday collection and delivery of ballots. The certification shall be made by a summary statement prepared by the judges in duplicate, on forms provided by the board of elections and prescribed by the secretary of state.

(D) From the time the voted ballots are removed from the ballot box for the purpose of determining the number of voted ballots under division (C)(3) of this section until the number of those ballots is determined and the certification required under division (C) of this section has been completed, signed, and tendered to the designated agents along with the voted ballots for midday collection, no judge in the precinct shall separate or leave the polling place, except from unavoidable necessity. An “unavoidable necessity,” under this division includes illness, death of a family member, or other incapacitation that would prevent the judge from observing or assisting in the midday ballot reconciliation and collection of the voted ballots. At no time shall more than one half of the judges of elections conducting a midday ballot reconciliation under division (C) of this section be members of the same political party.

(E) After the judges have completed the midday reconciliation of the voted ballots and signed the certification required under division (C) of this section, the judges shall, in the presence of the designated agents, place all voted ballots to be collected by the designated agents and delivered to the board of elections in a sealed container that cannot be opened without breaking the seal. The container and its seal shall each bear a number that corresponds to a recorded key or list of such numbers that the board of elections maintains. The number on the container and its seal shall be verified and recorded on the key or list when the voted ballots are delivered midday to the board of elections.

Before leaving the polling location, the designated agents shall sign a receipt, which shall be maintained by the judges of that precinct, acknowledging that the designated agents have received the voted ballots, forms, certifications, and any other materials prescribed the secretary of state for midday delivery to the board of elections. A plain indication that the items are to be delivered midday to the board of elections shall appear in a prominent location on the outside of the items.

The designated agents shall deliver the voted ballots, forms, certifications, and any other materials prescribed by the secretary of state for midday delivery to the director and deputy director of the board of elections, who shall record their delivery as provided in this division and in the manner prescribed by the secretary of state.

(F) The secretary of state, by directive, shall provide requirements for all of the following regarding the midday collection and delivery of voted ballots to a board of elections under this section:

(1) Persons to serve as designated agents;

(2) The manner of handling ballots during collection and delivery;

(3) Maintenance of ballot boxes for each precinct;

(4) Secure delivery of the voted ballots to the board of elections;

(5) Ballot reconciliations with the pollbook or poll lists that are transported to and from a polling location.

Effective Date: 2008 SB286 02-27-2008

State Codes and Statutes

Statutes > Ohio > Title35 > Chapter3505 > 3505_25

3505.25 Tabulation of optical scan ballots.

(A) As used in this section:

(1) “Designated agents” means a team of two persons who are members of different political parties, including law enforcement officers or employees or agents of a county board of elections who have taken an oath to uphold the laws and Constitution of Ohio, including an oath that they will directly, promptly, and securely collect the voted ballots from the polling places and deliver them to the board of elections.

(2) “Midday” means the period beginning at noon and ending at three p.m. on the day of an election.

(3) “Optical scan ballot” has the same meaning as in section 3506.21 of the Revised Code.

(B) Notwithstanding division (D) of section 3506.21 of the Revised Code or any other provision of the Revised Code to the contrary, a board of elections that voted, prior to February 1, 2008, to tabulate the unofficial results of optical scan ballots voted in a precinct polling place at the March 4, 2008, primary election at a central location may do both of the following:

(1) Tabulate the unofficial results of optical scan ballots voted on election day at a central location;

(2) Arrange to have voted ballots collected and delivered to the office of the board of elections at any time during midday. Voted ballots that have been properly sealed in locked containers shall be collected and delivered to the board by members of the board or by their designated agents.

(C) If a board of elections chooses to conduct a midday ballot collection under this section, the presiding judge of each precinct shall, by proclamation, announce that a midday collection of the ballots for delivery to the board of elections shall be conducted.

Two judges of elections, who shall be members of different political parties, shall do all of the following in the presence of any observers before the designated agents who have been assigned by the board of elections to collect and deliver the voted ballots collect those ballots from the polling location for midday delivery to the board of elections:

(1) Count the number of electors who have voted, as shown in the pollbook or poll list;

(2) Insert the number determined under division (C)(1) of this section on the report forms in the pollbook or poll list;

(3) Count the number of voted ballots. If the number of voted ballots exceeds the number determined under division (C)(1) of this section, the presiding judge shall enter in the pollbook or poll list an explanation of that discrepancy. If the remaining judges agree with the explanation, they shall subscribe their signatures in the pollbook or poll list along with the explanation. Any judge with a different explanation shall enter that explanation in the pollbook or poll list and subscribe the judge’s signature with that explanation.

(4) Separately retain spoiled ballots for reconciliation following the close of the polls.

Once the judges have determined the number of electors who have voted under division (C)(1) of this section and the number of ballots that have been voted under division (C)(3) of this section, the judges shall certify that information to the board of elections as of the time the presiding judge has proclaimed for the midday collection and delivery of ballots. The certification shall be made by a summary statement prepared by the judges in duplicate, on forms provided by the board of elections and prescribed by the secretary of state.

(D) From the time the voted ballots are removed from the ballot box for the purpose of determining the number of voted ballots under division (C)(3) of this section until the number of those ballots is determined and the certification required under division (C) of this section has been completed, signed, and tendered to the designated agents along with the voted ballots for midday collection, no judge in the precinct shall separate or leave the polling place, except from unavoidable necessity. An “unavoidable necessity,” under this division includes illness, death of a family member, or other incapacitation that would prevent the judge from observing or assisting in the midday ballot reconciliation and collection of the voted ballots. At no time shall more than one half of the judges of elections conducting a midday ballot reconciliation under division (C) of this section be members of the same political party.

(E) After the judges have completed the midday reconciliation of the voted ballots and signed the certification required under division (C) of this section, the judges shall, in the presence of the designated agents, place all voted ballots to be collected by the designated agents and delivered to the board of elections in a sealed container that cannot be opened without breaking the seal. The container and its seal shall each bear a number that corresponds to a recorded key or list of such numbers that the board of elections maintains. The number on the container and its seal shall be verified and recorded on the key or list when the voted ballots are delivered midday to the board of elections.

Before leaving the polling location, the designated agents shall sign a receipt, which shall be maintained by the judges of that precinct, acknowledging that the designated agents have received the voted ballots, forms, certifications, and any other materials prescribed the secretary of state for midday delivery to the board of elections. A plain indication that the items are to be delivered midday to the board of elections shall appear in a prominent location on the outside of the items.

The designated agents shall deliver the voted ballots, forms, certifications, and any other materials prescribed by the secretary of state for midday delivery to the director and deputy director of the board of elections, who shall record their delivery as provided in this division and in the manner prescribed by the secretary of state.

(F) The secretary of state, by directive, shall provide requirements for all of the following regarding the midday collection and delivery of voted ballots to a board of elections under this section:

(1) Persons to serve as designated agents;

(2) The manner of handling ballots during collection and delivery;

(3) Maintenance of ballot boxes for each precinct;

(4) Secure delivery of the voted ballots to the board of elections;

(5) Ballot reconciliations with the pollbook or poll lists that are transported to and from a polling location.

Effective Date: 2008 SB286 02-27-2008


State Codes and Statutes

State Codes and Statutes

Statutes > Ohio > Title35 > Chapter3505 > 3505_25

3505.25 Tabulation of optical scan ballots.

(A) As used in this section:

(1) “Designated agents” means a team of two persons who are members of different political parties, including law enforcement officers or employees or agents of a county board of elections who have taken an oath to uphold the laws and Constitution of Ohio, including an oath that they will directly, promptly, and securely collect the voted ballots from the polling places and deliver them to the board of elections.

(2) “Midday” means the period beginning at noon and ending at three p.m. on the day of an election.

(3) “Optical scan ballot” has the same meaning as in section 3506.21 of the Revised Code.

(B) Notwithstanding division (D) of section 3506.21 of the Revised Code or any other provision of the Revised Code to the contrary, a board of elections that voted, prior to February 1, 2008, to tabulate the unofficial results of optical scan ballots voted in a precinct polling place at the March 4, 2008, primary election at a central location may do both of the following:

(1) Tabulate the unofficial results of optical scan ballots voted on election day at a central location;

(2) Arrange to have voted ballots collected and delivered to the office of the board of elections at any time during midday. Voted ballots that have been properly sealed in locked containers shall be collected and delivered to the board by members of the board or by their designated agents.

(C) If a board of elections chooses to conduct a midday ballot collection under this section, the presiding judge of each precinct shall, by proclamation, announce that a midday collection of the ballots for delivery to the board of elections shall be conducted.

Two judges of elections, who shall be members of different political parties, shall do all of the following in the presence of any observers before the designated agents who have been assigned by the board of elections to collect and deliver the voted ballots collect those ballots from the polling location for midday delivery to the board of elections:

(1) Count the number of electors who have voted, as shown in the pollbook or poll list;

(2) Insert the number determined under division (C)(1) of this section on the report forms in the pollbook or poll list;

(3) Count the number of voted ballots. If the number of voted ballots exceeds the number determined under division (C)(1) of this section, the presiding judge shall enter in the pollbook or poll list an explanation of that discrepancy. If the remaining judges agree with the explanation, they shall subscribe their signatures in the pollbook or poll list along with the explanation. Any judge with a different explanation shall enter that explanation in the pollbook or poll list and subscribe the judge’s signature with that explanation.

(4) Separately retain spoiled ballots for reconciliation following the close of the polls.

Once the judges have determined the number of electors who have voted under division (C)(1) of this section and the number of ballots that have been voted under division (C)(3) of this section, the judges shall certify that information to the board of elections as of the time the presiding judge has proclaimed for the midday collection and delivery of ballots. The certification shall be made by a summary statement prepared by the judges in duplicate, on forms provided by the board of elections and prescribed by the secretary of state.

(D) From the time the voted ballots are removed from the ballot box for the purpose of determining the number of voted ballots under division (C)(3) of this section until the number of those ballots is determined and the certification required under division (C) of this section has been completed, signed, and tendered to the designated agents along with the voted ballots for midday collection, no judge in the precinct shall separate or leave the polling place, except from unavoidable necessity. An “unavoidable necessity,” under this division includes illness, death of a family member, or other incapacitation that would prevent the judge from observing or assisting in the midday ballot reconciliation and collection of the voted ballots. At no time shall more than one half of the judges of elections conducting a midday ballot reconciliation under division (C) of this section be members of the same political party.

(E) After the judges have completed the midday reconciliation of the voted ballots and signed the certification required under division (C) of this section, the judges shall, in the presence of the designated agents, place all voted ballots to be collected by the designated agents and delivered to the board of elections in a sealed container that cannot be opened without breaking the seal. The container and its seal shall each bear a number that corresponds to a recorded key or list of such numbers that the board of elections maintains. The number on the container and its seal shall be verified and recorded on the key or list when the voted ballots are delivered midday to the board of elections.

Before leaving the polling location, the designated agents shall sign a receipt, which shall be maintained by the judges of that precinct, acknowledging that the designated agents have received the voted ballots, forms, certifications, and any other materials prescribed the secretary of state for midday delivery to the board of elections. A plain indication that the items are to be delivered midday to the board of elections shall appear in a prominent location on the outside of the items.

The designated agents shall deliver the voted ballots, forms, certifications, and any other materials prescribed by the secretary of state for midday delivery to the director and deputy director of the board of elections, who shall record their delivery as provided in this division and in the manner prescribed by the secretary of state.

(F) The secretary of state, by directive, shall provide requirements for all of the following regarding the midday collection and delivery of voted ballots to a board of elections under this section:

(1) Persons to serve as designated agents;

(2) The manner of handling ballots during collection and delivery;

(3) Maintenance of ballot boxes for each precinct;

(4) Secure delivery of the voted ballots to the board of elections;

(5) Ballot reconciliations with the pollbook or poll lists that are transported to and from a polling location.

Effective Date: 2008 SB286 02-27-2008