§ 3511.021

absent voter's ballots.
Effective: October 27, 2011
Legislation: House Bill 224


(A)(1) The secretary of state shall establish procedures that allow any person who is eligible to vote
as a uniformed services voter or an overseas voter in accordance with 42 U.S.C. 1973ff-6 to apply
by electronic means to the office of the secretary of state or to the board of elections of the county
in which the person's voting residence is located for a uniformed services or overseas absent voter's
ballot.


(2) The procedures shall allow such a person who requests a uniformed services or overseas absent
voter's ballot application to express a preference for the manner in which the person will receive the
requested application, whether by mail, facsimile transmission, electronic mail, or, if offered by the
board of elections or the secretary of state, through internet delivery. If the person completes and
timely returns the application and the applicant is eligible to receive a ballot, the procedures shall
allow the applicant to express a preference for the manner in which the person will receive the
requested blank, unvoted ballots, whether by mail, facsimile transmission, electronic mail, or, if
offered by the board of elections or the secretary of state, through internet delivery. The requested
items shall be transmitted by the board of elections of the county in which the person's voting
residence is located by the preferred method. If the requestor does not express a preferred method,
the requested items shall be delivered via standard mail.


(3) To the extent practicable, the procedures shall protect the security and integrity of the ballot
request and delivery process, and protect the privacy of the identity and personal data of the person
when such applications and ballots are requested, processed, and sent.


(4) No person shall return by electronic means to the secretary of state, a board of elections, or any
other entity a completed or voted uniformed services or overseas absent voter's ballot. If a ballot is
so returned, the ballot shall not be accepted, processed, or counted.


(B)(1) The secretary of state, in coordination with the boards of elections, shall establish a free



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access system by which an absent uniformed services voter or overseas voter may determine the
following:


(a) Whether that person's request for a uniformed services or overseas absent voter's ballot was
received and processed;


(b) If the person's request was received and processed, when the uniformed services or overseas
absent voter's ballot was sent;


(c) Whether any uniformed services or overseas absent voter's ballot returned by that person has
been received by election officials;


(d) Whether the board of elections found any error on the identification envelope containing the
person's returned uniformed services or overseas absent voter's ballot and, if so, how the person
may correct any error within ten days after the day of an election; and


(e) Whether the person's uniformed services or overseas absent voter's ballot was counted.


(2) The appropriate state or local election official shall establish and maintain reasonable procedures
necessary to protect the security, confidentiality, and integrity of personal information that is
confidential under state or federal law that is collected, stored, or otherwise used by the free access
system established under division (B) of this section. Access to information about the votes cast on
an individual ballot shall be restricted to the person who cast the ballot. To the extent practicable,
the procedures shall protect the security and integrity of the process and protect the privacy of the
identity and personal data of the person.




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