2011 Ohio Revised Code
Title [35] XXXV ELECTIONS
Chapter 3501: ELECTION PROCEDURE; ELECTION OFFICIALS
3501.35 [First of Two Versions] No loitering or congregating near polling places.


OH Rev Code § 3501.35 What's This?

(A) During an election and the counting of the ballots, no person shall do any of the following:

(1) Loiter, congregate, or engage in any kind of election campaigning within the area between the polling place and the small flags of the United States placed on the thoroughfares and walkways leading to the polling place, and if the line of electors waiting to vote extends beyond those small flags, within ten feet of any elector in that line;

(2) In any manner hinder or delay an elector in reaching or leaving the place fixed for casting the elector’s ballot;

(3) Give, tender, or exhibit any ballot or ticket to any person other than the elector’s own ballot to the judge of election within the area between the polling place and the small flags of the United States placed on the thoroughfares and walkways leading to the polling place, and if the line of electors waiting to vote extends beyond those small flags, within ten feet of any elector in that line;

(4) Exhibit any ticket or ballot which the elector intends to cast;

(5) Solicit or in any manner attempt to influence any elector in casting the elector’s vote.

(B) Except as otherwise provided in division (C) of section 3503.23 of the Revised Code, no person who is not an election official, employee, observer, or police officer shall be allowed to enter the polling place during the election, except for the purpose of voting or assisting another person to vote as provided in section 3505.24 of the Revised Code.

(C) No more electors shall be allowed to approach the voting shelves at any time than there are voting shelves provided.

(D) The judges of election and the police officer shall strictly enforce the observance of this section.

Effective Date: 03-23-1981; 05-02-2006

This section is set out twice. See also § 3501.35, as amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment may be subject to referendum in the Nov. 6, 2012 election.

3501.35 [Second of Two Versions] No loitering or congregating near polling places

(A)(1) During an election and the counting of the ballots, no person shall do any of the following:

(a) Loiter, congregate, or engage in any kind of election campaigning within fifty feet of the entrance to a polling place;

(b) In any manner hinder or delay an elector in reaching or leaving the place fixed for casting the elector’s ballot;

(c) Give, tender, or exhibit any ballot or ticket to any person other than the elector’s own ballot to the precinct election officials within the area between the polling place and the small flags of the United States placed on the thoroughfares and walkways leading to the polling place, and if the line of electors waiting to vote extends beyond those small flags, within ten feet of any elector in that line;

(d) Exhibit any ticket or ballot which the elector intends to cast;

(e) Solicit or in any manner attempt to influence any elector in casting the elector’s vote.

(2) Whoever violates division (A)(1)(a) of this section is guilty of a minor misdemeanor; if the person refuses to comply with the judges of election or law enforcement officers who are enforcing that division, the person is guilty of a misdemeanor of the first degree.

(B)(1) Except as otherwise provided in division (B)(2) of this section and division (C) of section 3503.23 of the Revised Code, no person who is not an election official, employee, observer, or police officer shall be allowed to enter the polling place during the election, except for the purpose of voting or assisting another person to vote as provided in section 3505.24 of the Revised Code.

(2) Notwithstanding any provision of this section to the contrary, a journalist shall be allowed reasonable access to a polling place during an election. As used in this division, “journalist” has the same meaning as in division (B)(2) of section 2923.129 of the Revised Code.

(C) No more electors shall be allowed to approach the voting shelves at any time than there are voting shelves provided.

(D) The line of waiting voters and persons loitering, congregating, or campaigning near that line shall not impede the normal flow of traffic or access to the entrance or exit of any business or organization in the vicinity.

(E) The precinct election officials and the police officer shall strictly enforce the observance of this section.

Amended by 129th General Assembly File No. 40, HB 194, § 1. This amendment may be subject to referendum in the Nov. 6, 2012 election.

Effective Date: 03-23-1981; 05-02-2006

This section is set out twice. See also § 3501.35, effective prior to amendment by HB 5 of the 129th Legislature.


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