If election officials find that any of the following are true concerning an absent voter's ballot or absent voter's presidential ballot and, if applicable, the person did not provide any required additional information to the board of elections not later than the seventh day after the day of the election, as permitted under division (D)(3)(b) or (E)(2) of section 3509.06 of the Revised Code, the ballot shall not be accepted or counted:
(A) The statement accompanying the ballot is incomplete as described in division (D)(3)(a) of section 3509.06 of the Revised Code or is insufficient;
(B) The signatures do not correspond with the person's registration signature;
(C) The applicant is not a qualified elector in the precinct;
(D) The ballot envelope contains more than one ballot of any one kind, or any voted ballot that the elector is not entitled to vote;
(E) Stub A is detached from the absent voter's ballot or absent voter's presidential ballot; or
(F) The elector has not included with the elector's ballot any identification required under section 3509.05 or 3511.09 of the Revised Code.
The vote of any absent voter may be challenged for cause in the same manner as other votes are challenged, and the election officials shall determine the legality of that ballot. Every ballot not counted shall be endorsed on its back "Not Counted" with the reasons the ballot was not counted, and shall be enclosed and returned to or retained by the board of elections along with the contested ballots.
Amended by 131st General Assembly File No. TBD, HB 359, §1, eff. 9/8/2016.
Amended by 130th General Assembly File No. 67, SB 216, §1, eff. 6/1/2014.
Amended by 130th General Assembly File No. 64, SB 205, §1, eff. 6/1/2014.
Amended by 129th General AssemblyFile No.105, SB 295, §1, eff. 8/15/2012.
Amended by 129th General AssemblyFile No.46, HB 224, §1, eff. 10/27/2011.
Amended by 129th General AssemblyFile No.40, HB 194, §1 Made subject to referendum in the Nov. 6, 2012 election. The version of this section thus amended was repealed by 129th General AssemblyFile No.105, SB 295, §1, eff. 8/15/2012.
Effective Date: 08-28-2001; 05-07-2004; 01-27-2006
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