§ 3505.23

in voting - marking ballot.
Effective: April 06, 2023
Legislation: House Bill 281 - 134th General Assembly


 Except as otherwise provided in this section, no voter shall be allowed to occupy a voting
compartment or use a voting machine more than ten minutes when all the voting
compartments or machines are in use and voters are waiting to occupy them. The ten-minute
time limit shall not apply to any person who requires the use of an accessible voting machine
as required under the "Help America Vote Act of 2002," 116 Stat. 1704, 42 U.S.C. 15481.
 Except as otherwise provided by section 3505.24 of the Revised Code, no voter shall occupy
a voting compartment or machine with another person or speak to anyone, nor shall anyone
speak to the voter, while the voter is in a voting compartment or machine.
In precincts that do not use voting machines the following procedure shall be followed:
 If a voter tears, soils, defaces, or erroneously marks a ballot the voter may return it to the
precinct election officials and a second ballot shall be issued to the voter. Before returning a
torn, soiled, defaced, or erroneously marked ballot, the voter shall fold it so as to conceal any
marks the voter made upon it, but the voter shall not remove Stub A therefrom. If the voter
tears, soils, defaces, or erroneously marks such second ballot, the voter may return it to the
precinct election officials, and a third ballot shall be issued to the voter. In no case shall more
than three ballots be issued to a voter. Upon receiving a returned torn, soiled, defaced, or
erroneously marked ballot the precinct election officials shall detach Stub A therefrom, write
"Defaced" on the back of such ballot, and place the stub and the ballot in the separate
containers provided therefor.
 No elector shall leave the polling place until the elector returns to the precinct election
officials every ballot issued to the elector with Stub A on each ballot attached thereto,
regardless of whether the elector has or has not placed any marks upon the ballot.
 Before leaving the voting compartment, the voter shall fold each ballot marked by the voter
so that no part of the face of the ballot is visible, and so that the printing thereon indicating the
kind of ballot it is and the facsimile signatures of the members of the board of elections are
visible. The voter shall then leave the voting compartment, deliver the voter's ballots, and
state the voter's name to the precinct election official having charge of the ballot box, who
shall announce the name, detach Stub A from each ballot, and announce the number on the


                                              Page 1

stubs. The precinct election officials in charge of the poll lists or poll books shall check to
ascertain whether the number so announced is the number on Stub B of the ballots issued to
such voter, and if no discrepancy appears to exist, the precinct election official in charge of
the ballot box shall, in the presence of the voter, deposit each such ballot in the ballot box and
shall place Stub A from each ballot in the container provided therefor. The voter shall then
immediately leave the polling place.
No ballot delivered by a voter to the precinct election official in charge of the ballot box with
Stub A detached therefrom, and only ballots provided in accordance with Title XXXV of the
Revised Code, shall be voted or deposited in the ballot box.
In marking a presidential ballot, the voter shall record the vote in the manner provided on the
ballot next to the names of the candidates for the offices of president and vice-president.
Such ballot shall be considered and counted as a vote for each of the candidates for election
as presidential elector whose names were certified to the secretary of state by the political
party of such nominees for president and vice-president.
 In marking an office type ballot or nonpartisan ballot, the voter shall record the vote in the
manner provided on the ballot next to the name of each candidate for whom the voter desires
to vote.
 In marking a primary election ballot, the voter shall record the vote in the manner provided on
the ballot next to the name of each candidate for whom the voter desires to vote. If the voter
desires to vote for the nomination of a person whose name is not printed on the primary
election ballot, the voter may do so by writing such person's name on the ballot in the proper
place provided for such purpose.
 In marking a questions and issues ballot, the voter shall record the vote in the manner
provided on the ballot at the left or at the right of "YES" or "NO" or other words of similar
import which are printed on the ballot to enable the voter to indicate how the voter votes in
connection with each question or issue upon which the voter desires to vote.
 In marking any ballot on which a blank space has been provided wherein an elector may
write in the name of a person for whom the elector desires to vote, the elector shall write such
person's name in such blank space and on no other place on the ballot. Unless specific
provision is made by statute, no blank space shall be provided on a ballot for write-in votes,
and any names written on a ballot other than in a blank space provided therefor shall not be
counted or recorded.




                                             Page 2