(A) Upon receipt of any return envelope bearing the designation “Official Election Uniformed Services or Overseas Absent Voter’s Ballot” prior to the eleventh day after the day of any election, the director of the board of elections shall open it but shall not open the identification envelope contained in it. If, upon so opening the return envelope, the director finds ballots in it that are not enclosed in and properly sealed in the identification envelope, the director shall not look at the markings upon the ballots and shall promptly place them in the identification envelope and promptly seal it. If, upon so opening the return envelope, the director finds that ballots are enclosed in the identification envelope but that it is not properly sealed, the director shall not look at the markings upon the ballots and shall promptly seal the identification envelope.
(B) Uniformed services or overseas absent voter’s ballots delivered to the director not later than the close of the polls on election day shall be counted in the manner provided in section 3509.06 of the Revised Code.
(C) A return envelope that indicates that the voter will be outside of the United States on the day of an election is not required to be postmarked in order for a uniformed services or overseas absent voter’s ballot contained in it to be valid. Except as otherwise provided in this division, whether or not the return envelope containing the ballot is postmarked or contains an illegible postmark, a uniformed services or overseas absent voter’s ballot that is received after the close of the polls on election day through the tenth day after the election day and that is delivered in a return envelope that indicates that the voter will be outside the United States on the day of the election shall be counted on the eleventh day after the election day at the office of the board of elections in the manner provided in divisions (C) and (D) of section 3509.06 of the Revised Code. However, if a return envelope containing a uniformed services or overseas absent voter’s ballot is so received and so indicates, but it is postmarked, or the identification envelope in it is signed, after the close of the polls on election day, the uniformed services or overseas absent voter’s ballot shall not be counted.
(D)(1) Except as otherwise provided in division (D)(2) of this section, any return envelope containing a uniformed services or overseas absent voter’s ballot that is postmarked within the United States prior to the day of the election shall be delivered to the director prior to the eleventh day after the election. Uniformed services or overseas absent voter’s ballots delivered in envelopes postmarked prior to the day of the election that are received after the close of the polls on election day through the tenth day thereafter shall be counted on the eleventh day at the board of elections in the manner provided in divisions (C) and (D) of section 3509.06 of the Revised Code. Any such ballots that are received by the director later than the tenth day following the election shall not be counted, but shall be kept by the board in the sealed identification envelopes as provided in division (A) of this section.
(2) Division (D)(1) of this section shall not apply to any mail that is postmarked using a postage evidencing system, including a postage meter, as defined in 39 C.F.R. 501.1.
(E) The following types of uniformed services or overseas absent voter’s ballots shall not be counted:
(1) Uniformed services or overseas absent voter’s ballots contained in return envelopes that bear the designation “Official Election Uniformed Services or Overseas Absent Voter’s Ballots,” that are received by the director after the close of the polls on the day of the election, and that either are postmarked, or contain an identification envelope that is signed, on or after election day;
(2) Uniformed services or overseas absent voter’s ballots contained in return envelopes that bear that designation, that do not indicate they are from voters who will be outside the United States on the day of the election, and that are received after the tenth day following the election ;
(3) Uniformed services or overseas absent voter’s ballots contained in return envelopes that bear that designation, that are received by the director within ten days after the day of the election, and that were postmarked before the day of the election using a postage evidencing system, including a postage meter, as defined in 39 C.F.R. 501.1.
The uncounted ballots shall be preserved in their identification envelopes unopened until the time provided by section 3505.31 of the Revised Code for the destruction of all other ballots used at the election for which ballots were provided, at which time they shall be destroyed.
Amended by 128th General Assembly File No. 29, HB 48, § 1, eff. 7/2/2010.
(A) Upon receipt of any return envelope bearing the designation “Official Election Uniformed Services or Overseas Absent Voter’s Ballot” prior to the eleventh day after the day of any election, the director of the board of elections shall open it but shall not open the identification envelope contained in it. If, upon so opening the return envelope, the director finds ballots in it that are not enclosed in and properly sealed in the identification envelope, the director shall not look at the markings upon the ballots and shall promptly place them in the identification envelope and promptly seal it. If, upon so opening the return envelope, the director finds that ballots are enclosed in the identification envelope but that it is not properly sealed, the director shall not look at the markings upon the ballots and shall promptly seal the identification envelope.
(B) Uniformed services or overseas absent voter’s ballots delivered to the director not later than the close of the polls on election day shall be counted in the manner provided in section 3509.06 of the Revised Code.
(C) A return envelope that indicates that the voter will be outside of the United States on the day of an election is not required to be postmarked in order for a uniformed services or overseas absent voter’s ballot contained in it to be valid. Except as otherwise provided in this division, whether or not the return envelope containing the ballot is postmarked or contains an illegible postmark, a uniformed services or overseas absent voter’s ballot that is received after the close of the polls on election day through the tenth day after the election day and that is delivered in a return envelope that indicates that the voter will be outside the United States on the day of the election shall be counted on the eleventh day after the election day at the office of the board of elections in the manner provided in divisions (C) and (D) of section 3509.06 of the Revised Code. However, if a return envelope containing a uniformed services or overseas absent voter’s ballot is so received and so indicates, but it is postmarked, or the identification envelope in it is signed, after the close of the polls on election day, the uniformed services or overseas absent voter’s ballot shall not be counted.
(D)(1) Except as otherwise provided in division (D)(2) of this section, any return envelope containing a uniformed services or overseas absent voter’s ballot that is postmarked within the United States prior to the day of the election shall be delivered to the director prior to the eleventh day after the election. Uniformed services or overseas absent voter’s ballots delivered in envelopes postmarked prior to the day of the election that are received after the close of the polls on election day through the tenth day thereafter shall be counted on the eleventh day at the board of elections in the manner provided in divisions (C) and (D) of section 3509.06 of the Revised Code. Any such ballots that are received by the director later than the tenth day following the election shall not be counted, but shall be kept by the board in the sealed identification envelopes as provided in division (A) of this section.
(2) Division (D)(1) of this section shall not apply to any mail that is postmarked using a postage evidencing system, including a postage meter, as defined in 39 C.F.R. 501.1.
(E) The following types of uniformed services or overseas absent voter’s ballots shall not be counted:
(1) Uniformed services or overseas absent voter’s ballots contained in return envelopes that bear the designation “Official Election Uniformed Services or Overseas Absent Voter’s Ballots,” that are received by the director after the close of the polls on the day of the election, and that either are postmarked, or contain an identification envelope that is signed, on or after election day;
(2) Uniformed services or overseas absent voter’s ballots contained in return envelopes that bear that designation, that do not indicate they are from voters who will be outside the United States on the day of the election, and that are received after the tenth day following the election ;
(3) Uniformed services or overseas absent voter’s ballots contained in return envelopes that bear that designation, that are received by the director within ten days after the day of the election, and that were postmarked before the day of the election using a postage evidencing system, including a postage meter, as defined in 39 C.F.R. 501.1.
The uncounted ballots shall be preserved in their identification envelopes unopened until the time provided by section 3505.31 of the Revised Code for the destruction of all other ballots used at the election for which ballots were provided, at which time they shall be destroyed.
Amended by 128th General Assembly File No. 29, HB 48, § 1, eff. 7/2/2010.
(A) Upon receipt of any return envelope bearing the designation “Official Election Uniformed Services or Overseas Absent Voter’s Ballot” prior to the eleventh day after the day of any election, the director of the board of elections shall open it but shall not open the identification envelope contained in it. If, upon so opening the return envelope, the director finds ballots in it that are not enclosed in and properly sealed in the identification envelope, the director shall not look at the markings upon the ballots and shall promptly place them in the identification envelope and promptly seal it. If, upon so opening the return envelope, the director finds that ballots are enclosed in the identification envelope but that it is not properly sealed, the director shall not look at the markings upon the ballots and shall promptly seal the identification envelope.
(B) Uniformed services or overseas absent voter’s ballots delivered to the director not later than the close of the polls on election day shall be counted in the manner provided in section 3509.06 of the Revised Code.
(C) A return envelope that indicates that the voter will be outside of the United States on the day of an election is not required to be postmarked in order for a uniformed services or overseas absent voter’s ballot contained in it to be valid. Except as otherwise provided in this division, whether or not the return envelope containing the ballot is postmarked or contains an illegible postmark, a uniformed services or overseas absent voter’s ballot that is received after the close of the polls on election day through the tenth day after the election day and that is delivered in a return envelope that indicates that the voter will be outside the United States on the day of the election shall be counted on the eleventh day after the election day at the office of the board of elections in the manner provided in divisions (C) and (D) of section 3509.06 of the Revised Code. However, if a return envelope containing a uniformed services or overseas absent voter’s ballot is so received and so indicates, but it is postmarked, or the identification envelope in it is signed, after the close of the polls on election day, the uniformed services or overseas absent voter’s ballot shall not be counted.
(D)(1) Except as otherwise provided in division (D)(2) of this section, any return envelope containing a uniformed services or overseas absent voter’s ballot that is postmarked within the United States prior to the day of the election shall be delivered to the director prior to the eleventh day after the election. Uniformed services or overseas absent voter’s ballots delivered in envelopes postmarked prior to the day of the election that are received after the close of the polls on election day through the tenth day thereafter shall be counted on the eleventh day at the board of elections in the manner provided in divisions (C) and (D) of section 3509.06 of the Revised Code. Any such ballots that are received by the director later than the tenth day following the election shall not be counted, but shall be kept by the board in the sealed identification envelopes as provided in division (A) of this section.
(2) Division (D)(1) of this section shall not apply to any mail that is postmarked using a postage evidencing system, including a postage meter, as defined in 39 C.F.R. 501.1.
(E) The following types of uniformed services or overseas absent voter’s ballots shall not be counted:
(1) Uniformed services or overseas absent voter’s ballots contained in return envelopes that bear the designation “Official Election Uniformed Services or Overseas Absent Voter’s Ballots,” that are received by the director after the close of the polls on the day of the election, and that either are postmarked, or contain an identification envelope that is signed, on or after election day;
(2) Uniformed services or overseas absent voter’s ballots contained in return envelopes that bear that designation, that do not indicate they are from voters who will be outside the United States on the day of the election, and that are received after the tenth day following the election ;
(3) Uniformed services or overseas absent voter’s ballots contained in return envelopes that bear that designation, that are received by the director within ten days after the day of the election, and that were postmarked before the day of the election using a postage evidencing system, including a postage meter, as defined in 39 C.F.R. 501.1.
The uncounted ballots shall be preserved in their identification envelopes unopened until the time provided by section 3505.31 of the Revised Code for the destruction of all other ballots used at the election for which ballots were provided, at which time they shall be destroyed.
Amended by 128th General Assembly File No. 29, HB 48, § 1, eff. 7/2/2010.
