2006 Ohio Revised Code - 3501.11. Duties of board.

§ 3501.11. Duties of board.

Each board of elections shall exercise by a majority vote all powers granted to the board by Title XXXV [35] of the Revised Code, shall perform all the duties imposed by law, and shall do all of the following: 

(A) Establish, define, provide, rearrange, and combine election precincts; 

(B) Fix and provide the places for registration and for holding primaries and elections; 

(C) Provide for the purchase, preservation, and maintenance of booths, ballot boxes, books, maps, flags, blanks, cards of instructions, and other forms, papers, and equipment used in registration, nominations, and elections; 

(D) Appoint and remove its director, deputy director, and employees and all registrars, judges, and other officers of elections, fill vacancies, and designate the ward or district and precinct in which each shall serve; 

(E) Make and issue rules and instructions, not inconsistent with law or the rules, directives, or advisories issued by the secretary of state, as it considers necessary for the guidance of election officers and voters; 

(F) Advertise and contract for the printing of all ballots and other supplies used in registrations and elections; 

(G) Provide for the issuance of all notices, advertisements, and publications concerning elections, except as otherwise provided in division (G) of section 3501.17 of the Revised Code; 

(H) Provide for the delivery of ballots, pollbooks, and other required papers and material to the polling places; 

(I) Cause the polling places to be suitably provided with voting machines, marking devices, automatic tabulating equipment, stalls, and other required supplies. In fulfilling this duty, each board of a county that uses voting machines, marking devices, or automatic tabulating equipment shall conduct a full vote of the board during a public session of the board on the allocation and distribution of voting machines, marking devices, and automatic tabulating equipment for each precinct in the county. 

(J) Investigate irregularities, nonperformance of duties, or violations of Title XXXV [35] of the Revised Code by election officers and other persons; administer oaths, issue subpoenas, summon witnesses, and compel the production of books, papers, records, and other evidence in connection with any such investigation; and report the facts to the prosecuting attorney; 

(K) Review, examine, and certify the sufficiency and validity of petitions and nomination papers, and, after certification, return to the secretary of state all petitions and nomination papers that the secretary of state forwarded to the board; 

(L) Receive the returns of elections, canvass the returns, make abstracts of them, and transmit those abstracts to the proper authorities; 

(M) Issue certificates of election on forms to be prescribed by the secretary of state; 

(N) Make an annual report to the secretary of state, on the form prescribed by the secretary of state, containing a statement of the number of voters registered, elections held, votes cast, appropriations received, expenditures made, and other data required by the secretary of state; 

(O) Prepare and submit to the proper appropriating officer a budget estimating the cost of elections for the ensuing fiscal year; 

(P) Perform other duties as prescribed by law or the rules, directives, or advisories of the secretary of state; 

(Q) Investigate and determine the residence qualifications of electors; 

(R) Administer oaths in matters pertaining to the administration of the election laws; 

(S) Prepare and submit to the secretary of state, whenever the secretary of state requires, a report containing the names and residence addresses of all incumbent county, municipal, township, and board of education officials serving in their respective counties; 

(T) Establish and maintain a voter registration of all qualified electors in the county who offer to register; 

(U) Maintain voter registration records, make reports concerning voter registration as required by the secretary of state, and remove ineligible electors from voter registration lists in accordance with law and directives of the secretary of state; 

(V) Give approval to ballot language for any local question or issue and transmit the language to the secretary of state for the secretary of state's final approval; 

(W) Prepare and cause the following notice to be displayed in a prominent location in every polling place:   

Ohio law prohibits any person from voting or attempting to vote more than once at the same election. 

Violators are guilty of a felony of the fourth degree and shall be imprisoned and additionally may be fined in accordance with law." 

(X) In all cases of a tie vote or a disagreement in the board, if no decision can be arrived at, the director or chairperson shall submit the matter in controversy, not later than fourteen days after the tie vote or the disagreement, to the secretary of state, who shall summarily decide the question, and the secretary of state's decision shall be final. 

(Y) Assist each designated agency, deputy registrar of motor vehicles, public high school and vocational school, public library, and office of a county treasurer in the implementation of a program for registering voters at all voter registration locations as prescribed by the secretary of state. Under this program, each board of elections shall direct to the appropriate board of elections any voter registration applications for persons residing outside the county where the board is located within five days after receiving the applications. 

(Z) On any day on which an elector may vote in person at the office of the board or at another site designated by the board, consider the board or other designated site a polling place for that day. All requirements or prohibitions of law that apply to a polling place shall apply to the office of the board or other designated site on that day. 

HISTORY: GC § 4785-13; 113 v 307, § 13; Bureau of Code Revision, 10-1-53; 125 v 713 (Eff 1-1-54); 131 v 868 (Eff 9-1-65); 132 v H 1 (Eff 2-21-67); 137 v S 125 (Eff 5-27-77); 138 v H 1062 (Eff 3-23-81); 141 v H 555 (Eff 2-26-86); 145 v S 300 (Eff 1-1-95); 146 v H 99 (Eff 8-22-95); 147 v H 215 (Eff 6-30-97); 149 v H 5. Eff 8-28-2001; 151 v H 3, § 1, eff. 5-2-06.


Effect of Amendments

151 v H 3, effective May 2, 2006, rewrote (I); deleted (V), concerning submission of a list of registered voters to the secretary of state, and redesignated the remaining subsections accordingly; and made minor stylistic changes. 

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