(A) When the ballot boxes are delivered to the board of elections from the precincts, the board shall
separate the provisional ballot envelopes from the rest of the ballots. Teams of employees of the
board consisting of one member of each major political party shall place the sealed provisional ballot
envelopes in a secure location within the office of the board. The sealed provisional ballot envelopes
shall remain in that secure location until the validity of those ballots is determined under division (B)
of this section. While the provisional ballot is stored in that secure location, and prior to the counting
of the provisional ballots, if the board receives information regarding the validity of a specific
provisional ballot under division (B) of this section, the board may note, on the sealed provisional
ballot envelope for that ballot, whether the ballot is valid and entitled to be counted.
(B)(1) To determine whether a provisional ballot is valid and entitled to be counted, the board shall
examine its records and determine whether the individual who cast the provisional ballot is
registered and eligible to vote in the applicable election. The board shall examine the information
contained in the written affirmation executed by the individual who cast the provisional ballot under
division (B)(2) of section 3505.181 of the Revised Code. The following information shall be
included in the written affirmation in order for the provisional ballot to be eligible to be counted:
(a) The individual's printed name, signature, date of birth, and current address;
(b) A statement that the individual is a registered voter in the precinct in which the provisional ballot
is being voted;
(c) A statement that the individual is eligible to vote in the election in which the provisional ballot is
being voted.
(2) In addition to the information required to be included in an affirmation under division (B)(1) of
this section, in determining whether a provisional ballot is valid and entitled to be counted, the board
also shall examine any additional information for determining ballot validity provided by the
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provisional voter on the affirmation, provided by the provisional voter to an election official under
section 3505.182 of the Revised Code, or provided to the board of elections during the four days
after the day of the election under section 3505.181 of the Revised Code, to assist the board in
determining the individual's eligibility to vote.
(3) If, in examining a provisional ballot affirmation and additional information under divisions
(B)(1) and (2) of this section and comparing the information required under division (B)(1) of this
section with the individual's information in the statewide voter registration database, the board
determines that all of the following apply, the provisional ballot envelope shall be opened, and the
ballot shall be placed in a ballot box to be counted:
(a) The individual named on the affirmation is properly registered to vote.
(b) The individual named on the affirmation is eligible to cast a ballot in the precinct and for the
election in which the individual cast the provisional ballot.
(c) The individual provided all of the information required under division (B)(1) of this section in the
affirmation that the individual executed at the time the individual cast the provisional ballot.
(d) One of the following applies:
(i) The individual provided photo identification at the time of casting the provisional ballot or
appeared at the office of the board within four days after the day of the election and provided photo
identification. If the individual provided the individual's Ohio driver's license or state identification
card or an interim identification form, the individual provided the individual's driver's license
number or state identification card number and the number is not different from the individual's
driver's license number or state identification card number contained in the statewide voter
registration database.
(ii) The individual completed an affidavit of religious objection under section 3505.19 of the Revised
Code at the time of casting the provisional ballot or at the office of the board within four days after
the day of the election and the affidavit is valid under that section.
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(e) Except as otherwise provided in this division, the month and day of the individual's date of birth
are not different from the day and month of the individual's date of birth contained in the statewide
voter registration database.
This division does not apply to an individual's provisional ballot if either of the following is true:
(i) The individual's date of birth contained in the statewide voter registration database is January 1,
1800.
(ii) The board of elections has found, by a vote of at least three of its members, that the individual
has met all other requirements of division (B)(3) of this section.
(f) The individual's current address is not different from the individual's address contained in the
statewide voter registration database, unless the individual indicated that the individual is casting a
provisional ballot because the individual has moved and has not submitted a notice of change of
address, as described in division (A)(6) of section 3505.181 of the Revised Code.
(g) If applicable, the individual provided any additional information required under division (B)(8)
of section 3505.181 of the Revised Code within four days after the day of the election.
(h) If applicable, the individual provided the information required under division (D)(2) of section
3503.201 of the Revised Code on the provisional ballot affirmation or within four days after the day
of the election.
(i) If applicable, the individual provided proof of citizenship on the provisional ballot affirmation or
within four days after the day of the election.
(4)(a) Except as otherwise provided in division (D) of this section, if, in examining a provisional
ballot affirmation and additional information under divisions (B)(1) and (2) of this section and
comparing the information required under division (B)(1) of this section with the individual's
information in the statewide voter registration database, the board determines that any of the
following applies, the provisional ballot envelope shall not be opened, and the ballot shall not be
counted:
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(i) The individual named on the affirmation is not qualified or is not properly registered to vote.
(ii) The individual named on the affirmation is not eligible to cast a ballot in the precinct or for the
election in which the individual cast the provisional ballot.
(iii) The individual did not provide all of the information required under division (B)(1) of this
section in the affirmation that the individual executed at the time the individual cast the provisional
ballot.
(iv) The individual has already cast a ballot for the election in which the individual cast the
provisional ballot.
(v) If applicable, the individual did not provide any additional information required under division
(B)(8) of section 3505.181 of the Revised Code within four days after the day of the election.
(vi) The individual failed to provide photo identification, to provide the individual's driver's license
or state identification card number if the individual provided photo identification in the form of an
Ohio driver's license or state identification card or an interim identification form, or to complete an
affidavit of religious objection.
(vii) The individual failed to execute an affirmation under division (B) of section 3505.181 of the
Revised Code.
(viii) The individual provided photo identification in the form of an Ohio driver's license or state
identification card or an interim identification form and the driver's license number or state
identification card number the individual provided is different from the individual's driver's license
number or state identification card number contained in the statewide voter registration database.
(ix) The individual completed an affidavit of religious objection under section 3505.19 of the
Revised Code, but the affidavit is not valid under that section.
(x) Except as otherwise provided in this division, the month and day of the individual's date of birth
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are different from the day and month of the individual's date of birth contained in the statewide voter
registration database.
This division does not apply to an individual's provisional ballot if either of the following is true:
(I) The individual's date of birth contained in the statewide voter registration database is January 1,
1800.
(II) The board of elections has found, by a vote of at least three of its members, that the individual
has met all of the requirements of division (B)(3) of this section, other than the requirements of
division (B)(3)(e) of this section.
(xi) The individual's current address is different from the individual's address contained in the
statewide voter registration database, unless the individual indicated that the individual is casting a
provisional ballot because the individual has moved and has not submitted a notice of change of
address, as described in division (A)(6) of section 3505.181 of the Revised Code.
(xii) If applicable, the individual did not provide the information required under division (D)(2) of
section 3503.201 of the Revised Code on the provisional ballot affirmation or within four days after
the day of the election.
(xiii) If applicable, the individual did not provide proof of citizenship on the provisional ballot
affirmation or within four days after the day of the election.
(b) If, in examining a provisional ballot affirmation and additional information under divisions
(B)(1) and (2) of this section and comparing the information required under division (B)(1) of this
section with the individual's information in the statewide voter registration database, the board is
unable to determine either of the following, the provisional ballot envelope shall not be opened, and
the ballot shall not be counted:
(i) Whether the individual named on the affirmation is qualified or properly registered to vote;
(ii) Whether the individual named on the affirmation is eligible to cast a ballot in the precinct or for
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the election in which the individual cast the provisional ballot.
(C) For each provisional ballot rejected under division (B)(4) of this section, the board shall record
the name of the provisional voter who cast the ballot, the identification number of the provisional
ballot envelope, the names of the election officials who determined the validity of that ballot, the
date and time that the determination was made, and the reason that the ballot was not counted, unless
the board has already recorded that information in another database.
(D)(1) If an individual cast a provisional ballot in a precinct in which the individual is not registered
and eligible to vote, but in the correct polling location for the precinct in which the individual is
registered and eligible to vote, and the election official failed to direct the individual to the correct
precinct, the individual's ballot shall be remade under division (D)(2) of this section. The election
official shall be deemed to have directed the individual to the correct precinct if the election official
correctly completed the form described in division (C)(2) of section 3505.181 of the Revised Code.
(2) A board of elections that remakes a provisional ballot under division (D)(1) of this section shall
remake the provisional ballot on a ballot for the appropriate precinct to reflect the offices, questions,
and issues for which the individual was eligible to cast a ballot and for which the individual
attempted to cast a provisional ballot. The remade ballot shall be counted for each office, question,
and issue for which the individual was eligible to vote.
(3) If an individual cast a provisional ballot in a precinct in which the individual is not registered and
eligible to vote and in the incorrect polling location for the precinct in which the individual is
registered and eligible to vote, the provisional ballot envelope shall not be opened, and the ballot
shall not be counted.
(E) Provisional ballots that are rejected under division (B)(4) of this section shall not be counted but
shall be preserved in their provisional ballot 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.
(F) Provisional ballots that the board determines are eligible to be counted under division (B)(3) or
(D) of this section shall be counted in the same manner as provided for other ballots under section
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3505.27 of the Revised Code. No provisional ballots shall be counted in a particular county until the
board determines the eligibility to be counted of all provisional ballots cast in that county under
division (B) of this section for that election. Observers, as provided in section 3505.21 of the Revised
Code, may be present at all times that the board is determining the eligibility of provisional ballots to
be counted and counting those provisional ballots determined to be eligible. No person shall
recklessly disclose the count or any portion of the count of provisional ballots in such a manner as to
jeopardize the secrecy of any individual ballot.
(G)(1) Except as otherwise provided in division (G)(2) of this section, nothing in this section shall
prevent a board of elections from examining provisional ballot affirmations and additional
information under divisions (B)(1) and (2) of this section to determine the eligibility of provisional
ballots to be counted during the seven days after the day of an election.
(2) A board of elections shall not examine the provisional ballot affirmation and additional
information under divisions (B)(1) and (2) of this section of any provisional ballot cast by an
individual who must provide photo identification, complete an affidavit of religious objection, or
provide additional information to the board of elections under section 3505.181 of the Revised Code
for the board to determine the individual's eligibility until the individual does so or until the eighth
day after the day of the election, whichever is earlier.
Page 7§ 3505.183Testing and counting of provisional ballots - rejection
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