2011 Ohio Revised Code
Title [35] XXXV ELECTIONS
Chapter 3513: PRIMARIES; NOMINATIONS
3513.21 [First of Two Versions] Counting and return of ballots.

At the close of the polls in a primary election, the judges of election shall proceed without delay to canvass the vote, sign and seal it, and make returns thereof to the board of elections forthwith on the forms to be provided by the board. The provisions of Title XXXV of the Revised Code relating to the accounting for and return of all ballots at general elections apply to primary ballots.

If there is any disagreement as to how a ballot should be counted it shall be submitted to all of the judges. If three of the judges do not agree as to how any part of the ballot shall be counted, that part of such ballot which three of the judges do agree shall be counted and a notation made upon the ballot indicating what part has not been counted, and shall be placed in an envelope provided for that purpose, marked “Disputed Ballots” and returned to the board.

The board shall, on the day when the vote is canvassed, open such sealed envelopes, determine what ballots and for whom they should be counted, and proceed to count and tally the votes on such ballots.

Effective Date: 09-28-1961; 2007 HB119 09-29-2007

This section is set out twice. See also § 3513.21, 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.

3513.21 [Second of Two Versions] Counting and return of ballots

At the close of the polls in a primary election, the precinct election officials shall proceed without delay to canvass the vote, sign and seal it, and make returns thereof to the board of elections forthwith on the forms to be provided by the board. The provisions of Title XXXV of the Revised Code relating to the accounting for and return of all ballots at general elections apply to primary ballots.

If there is any disagreement as to how a ballot should be counted it shall be submitted to all of the precinct election officials. If three of the precinct election officials do not agree as to how any part of the ballot shall be counted, that part of such ballot which three of the officials do agree shall be counted and a notation made upon the ballot indicating what part has not been counted, and shall be placed in an envelope provided for that purpose, marked “Disputed Ballots” and returned to the board.

The board shall, on the day when the vote is canvassed, open such sealed envelopes, determine what ballots and for whom they should be counted, and proceed to count and tally the votes on such ballots.

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: 09-28-1961; 2007 HB119 09-29-2007

This section is set out twice. See also § 3513.21, effective prior to amendment by HB 5 of the 129th Legislature.