Ohio Administrative Code 111:3 — Secretary of State | Elections

agency-111-3Ohio Adm.Code 111:3Regulation

Chapter 111:3-1 Notice of Meetings

Ohio Adm.Code 111:3-1-01 Issuance of directives.

(A) Definitions

For the purposes of this rule and section 3501.053 of the Revised Code:

(1) "Permanent directive" means a directive issued to county boards of elections as to the proper method of conducting an election that remains in effect until replaced or rescinded.

(2) "Temporary directive" means a directive issued to the county boards of elections as to the proper method of conducting an election that remains in effect during the period beginning ninety days before the day of an election and ending on the fortieth day after the day of that election.

(B) No permanent directive shall be issued during the period beginning ninety days before the day of a primary or general election and ending on the fortieth day after the date of that election.

(C) Temporary directives providing instructions as to the proper method of conducting the election shall only be issued, and shall only have effect, during the period beginning ninety days before the day of that election and ending on the fortieth day after the date of that election. Temporary directives shall not be subject to public review and public comment under division (A)(1) of section 3501.053 of the Revised Code.

Last updated March 28, 2022 at 8:46 AM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03

Chapter 111:3-2 Examination, Testing and Approval of Equipment

Ohio Adm.Code 111:3-2-01 Definitions.

(A) "Oversight" is a form of corrective action, initiated and administered by the secretary of state's office, to which a board of elections may be subject as a result of a significant condition that exists at the board of elections.

(B) A "significant condition" is a violation or the inadequate administration of the requirements of federal and/or state law or a policy, procedure, or instruction issued by the secretary of state pertaining to the administration of elections or other duties of a board of elections.

(C) "Administrative support" is early, proactive assistance focused on guidance, monitoring, formal check-ins and light corrective support to help address concerns before they escalate.

(D) "Administrative intervention" is increased administrative involvement with structured monitoring, formal check-ins, and accountability measures to ensure progress toward remediation goals.

(E) "Administrative oversight" is the highest level of remediation involving direct administrative action, mandatory compliance steps, formal check-ins, and close supervision to address persistent or significant issues.

Last updated February 17, 2026 at 7:55 AM

History

  • Effective: February 16, 2026
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-2-02 Placing a board of elections under official oversight.

The secretary of state, the assistant secretary of state, or the secretary's designee may notify a board of elections of the level, terms and period of oversight and instructions and recommendations for corrective action or improvement in the board's administration of elections.

Last updated February 17, 2026 at 7:55 AM

History

  • Effective: February 16, 2026
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-2-03 Period of oversight.

The period of oversight shall be determined by the secretary of state, assistant secretary of state, or secretary's designee. A board of elections shall remain on oversight until all of the following occur:

(A) It corrects or resolves the significant condition(s) resulting in being placed on oversight;

(B) It successfully completes and certifies an election, and successfully handles any issues or problems that arise during that election cycle; and

(C) The secretary of state, assistant secretary of state, or secretary's designee determines that there is no longer a need for oversight.

Last updated February 17, 2026 at 7:57 AM

History

  • Effective: February 16, 2026
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-2-04 Terms of oversight.

The secretary of state, assistant secretary of state, or the secretary's designee shall determine the terms of oversight based on the nature of any significant condition discovered. The terms of oversight may range from requiring the director, deputy director, two board members of opposite political parties, and other relevant board of elections staff to participate in regularly scheduled conference calls or in-person meetings with secretary of state's personnel, to implementing regular, on-site supervision by the secretary of state's office of the day-to-day activities of the board of elections or other terms as deemed necessary or appropriate based on the nature of any significant condition discovered. In the event that a board of elections has insufficient board members or employees to administer elections, the secretary of state, assistant secretary of state, or the secretary's designee may appoint designees to ensure continued operation of the board of elections until the board can operate independently. The secretary of state, assistant secretary of state, or the secretary's designee may increase or decrease the level of oversight based upon the board's performance while on oversight.

Last updated February 17, 2026 at 7:56 AM

History

  • Effective: February 16, 2026
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-2-05 Transition from oversight.

(A) If the secretary of state or assistant secretary of state is satisfied that the significant condition(s) that warranted oversight has been resolved, and no other significant conditions exist, the board of elections shall be notified that it is no longer subject to oversight.

(B) If the secretary of state or assistant secretary of state determines that the significant condition(s) that warranted oversight has not been resolved, or that another significant condition exists, the secretary of state, the assistant secretary of state or the secretary's designee may notify the board of elections of the terms and period of continued oversight, if the board is to remain on oversight, and may escalate the level of oversight.

Last updated February 17, 2026 at 7:56 AM

History

  • Effective: February 16, 2026
  • Promulgated Under: 119.03

Chapter 111:3-3 Certification of Equipment

Ohio Adm.Code 111:3-3-01 Certification; mandatory requirements.

As used in this rule:

(A) "Automatic tabulating equipment," "marking device" and "voting machine" have the same meanings as in section 3506.01 of the Revised Code.

(B) "Capital facilities" has the same meaning as in section 111.26, and Chapter 154. of the Revised Code.

(C) "Default" means non-payment of two consecutive monthly payments or non-payment of an annual payment in excess of thirty days beyond the scheduled payment date.

(D) "Emergency" means an unforeseen event, which includes, but is not limited to, equipment failure or budget constraints.

(E) "Equipment" has the same meaning as in section 3506.05 of the Revised Code.

(F) "Loan fund" means the county voting machine revolving lease/loan fund, which is to provide financial assistance to counties to meet current and future needs for voting equipment.

(G) "Secretary" means the Ohio secretary of state.

Last updated October 26, 2023 at 11:11 AM

History

  • Effective: January 25, 2016
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-3-02 Eligibility.

(A) A board of county commissioners, on behalf of its board of elections, which has responsibilities related to the proper conduct of elections under state law, may apply for financial assistance from the loan fund.

(B) Participation by a board of county commissioners is voluntary.

(C) A county shall contribute to the cost of capital facilities. The secretary as the administrator of the loan fund acquisitions shall not authorize the contribution from the loan fund of more than fifty per cent of the estimated total cost of a county's purchase of voting machines, marking devices, and automatic tabulating equipment.

(D) Any costs incurred on or after January 1, 2008, by a county with respect to the purchase of voting machines, marking devices, and automatic tabulating equipment may be considered as the county cost percentage for the purpose of such acquisition.

(E) A loan fund acquisition for any one board of county commissioners shall not exceed five million dollars and shall be made only for new equipment purchased on or after the date applicable obligations have been issued by the treasurer of state, the net proceeds of which have been transferred to the loan fund.

(F) Financial assistance shall be provided only to the extent that moneys are available in the loan fund.

(G) Loan funds shall only be used to finance eligible costs, which include:

(1) Automatic tabulating equipment, marking devices, and voting machines. Any such equipment must be examined and approved by a board of voting systems examiners pursuant to section 3506.05 of the Revised Code.

(2) Capital facilities for which the treasurer of state is authorized to issue obligations pursuant to Chapter 154. of the Revised Code.

Last updated November 4, 2025 at 2:07 PM

History

  • Effective: October 11, 2025
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-3-03 Bond.

(A) Requests by counties in need of assistance from the loan fund shall be considered on a first come, first served basis in consideration of the available resources in the loan fund. Such requests shall be made on application forms prescribed by the secretary.

(B) Application forms shall address all of the following:

(1) Identification of the county and need for assistance;

(2) Identification of the specific types and quantity of equipment to be purchased;

(3) Documentation of local support in the form of a resolution from the board of county commissioners;

(4) Identification of the local or other sources of funding of at least fifty per cent of the total estimated cost necessary to complete the total project;

(5) Any additional information the secretary deems necessary to make a determination of the appropriateness of the funding.

(C) The secretary may approve any acquisition of automatic tabulating equipment, marking devices, and voting machines using money from the loan fund.

(D) Upon receipt of a complete application for a loan, the secretary shall review and approve the application, deny the application, or request additional information within forty-five days. In the case of an emergency, the secretary shall review and approve the application, deny the application, or request additional information within ten days.

(1) Any denial shall include a letter detailing the reason(s) for the denial. A board of county commissioners receiving a denial has thirty days to amend its original application in order to address the reasons for the denial.

(2) If a county requests that the application be reviewed under emergency procedures, then the secretary has sole discretion to determine if the application will be reviewed under emergency procedures. The secretary will base this decision on information that the county provides that outlines the basis for the need. The secretary will notify the county of this decision in writing.

Last updated October 26, 2023 at 11:11 AM

History

  • Effective: January 25, 2016
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-3-04 Repayment of loans.

(A) Counties shall lease from the secretary the equipment financed in part from the loan fund and shall be required to comply with any loan fund agreement or other agreement required under the applicable bond proceedings.

(B) All automatic tabulating equipment, marking devices, and voting machines purchased through the loan fund shall remain the property of the state, and the state shall retain title until all payments under the applicable county lease have been made. After final payment has been made, title shall transfer to the county.

(C) If the final cost of capital facilities is less expensive than the estimated total cost, then the loan fund must be reimbursed for its contributions that exceed the agreed upon percentage from the loan fund. A county has thirty days to reimburse the loan fund if such an event occurs.

(D) Repayment of the loan shall be made by equal monthly, quarterly, semi-annual, or annual payments not to exceed a period of five years. The payment schedule shall be agreed on by the county and the secretary before the funding request is approved. If a county wishes to change the agreed upon payment schedule, then the secretary must approve the new payment schedule before it becomes effective.

(E) Interest shall not accrue on loans made to counties from the loan fund.

(F) Costs associated with the maintenance, repair, and operation of the automatic tabulating equipment, marking devices, and voting machines purchased shall be the responsibility of the participating board of elections and boards of county commissioners.

(G) No board of county commissioners may apply for and receive a loan if that county currently has an outstanding loan from the loan fund that is in default.

Last updated March 28, 2022 at 4:05 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-3-05 Remedies.

(A) If the secretary determines that a county is in default of any agreement, including its financial obligation to the loan fund, then the secretary may do the following:

(1) The secretary may seize any equipment purchased through the loan fund that is still considered property of the state. The secretary may resell the equipment, store the equipment, or redistribute the equipment and enter into a new agreement with another county to mitigate the loss to the loan fund.

(2) The secretary may, by civil action, mandamus, or other judicial or administrative proceeding, compel performance by a county commission of all the terms and conditions of the loan agreement between the two parties.

(B) If the county does not reimburse the loan fund the difference between the estimated cost and the final cost of the equipment within thirty days, then the secretary may, by civil action, mandamus, or other judicial or administrative proceeding, compel performance by a county commission.

Last updated October 26, 2023 at 11:11 AM

History

  • Effective: January 25, 2016
  • Promulgated Under: 119.03

Chapter 111:3-4 Enhancements and Significant Adjustments; Updated Manuals; Re-examination

Ohio Adm.Code 111:3-4-01 Converting voter registration applications into electronic files.

Upon receiving a new voter registration application or an application to change an existing voter registration, a board of elections shall do all of the following:

(A) Date stamp the application to show the date that it was received.

(B) Determine the completeness and validity of the application by reviewing it to verify that the voter supplied all of the information required by state and federal law.

(C) If the board determines that the application is complete and valid, the board shall do all of the following:

(1) Enter the information contained on the application into the correct data fields in the county voter registration system, including phone number and email if provided;

(2) Scan the voter registration application into the county voter registration system to capture, at a minimum, the applicant's signature.

(3) File and retain the voter registration application in accordance with Ohio law and the current public record retention schedule for the board of elections.

(D) After entering the information on the voter registration application into the county voter registration system, the board shall transmit the voter record to the statewide voter registration database. The voter record shall include in the record a unique county voter identification number assigned to the voter by the county voter registration system.

Last updated March 28, 2022 at 2:23 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-4-02 Entering voter registration records into the statewide voter registration database on an expedited basis.

(A) A board of elections that receives a voter registration application at least thirty days before an election and is satisfied as to the truth of the statements made on the voter registration form shall register the applicant no later than the earlier of following:

(1) The twentieth business day after receiving the application; or

(2) The fourteenth day before the day of the next general or primary election to be held in that county, in order to prepare the official precinct registration list in accordance with section 3503.23 of the Revised Code.

(B) If a board receives an otherwise valid voter registration application filed less than thirty days before an election, the board should examine the voter's registration application for completeness and validity as soon as practicable after the official canvass of an election.

Last updated March 28, 2022 at 2:23 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-4-03 Removing canceled voter registration records.

(A) A board of elections shall not cancel a voter registration record except as provided in section 111.44, division (Q) of section 3501.05, division (C)(2) or (C)(3) of section 3503.19, section 3503.21, division (C) of section 3503.24, and section 3503.33 of the Revised Code, and in accordance with any directive issued by the secretary of state.

(B) If a board of elections cancels a voter registration record, the board shall assign to a voter registration record a status that prohibits the voter registration system from printing any information contained in the voter registration record onto pollbooks and that prohibits insertion into the voter record credit for voting in any election.

(C) Upon the cancellation of a voter registration record, the board of elections must change the status of the voter registration record in the county voter registration system to indicate that the voter record was cancelled.

(1) After cancelling the voter registration record in the county voter registration system, the county board of elections shall transmit electronically the update to the status of the voter record to the statewide voter registration database.

(2) Cancelled voter registration records shall be marked accordingly in the statewide voter registration database.

(D) A board of elections shall not eliminate from its county voter registration system a voter registration record that has been cancelled in the county voter registration system or otherwise cause any data from any field of the cancelled voter registration record to become inaccessible.

Last updated March 28, 2022 at 2:23 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-4-04 Persons authorized to update statewide voter registration database.

(A) The secretary of state shall designate no less than two employees of the office of secretary of state to serve as system administrators for the statewide voter registration database.

(B) The board of elections shall designate at least one employee of the board to serve as the system administrator for the county voter registration system.

(C) The director and deputy director of a board of elections are permitted to allow a third party access its county voter registration system only for the amount of time necessary to accomplish tasks predetermined and approved by the board of elections. The board remains responsible for overseeing and logging all activities of any third party that receives access to its system and for complying with related directives from the secretary of state's office.

(D) The director and deputy director of a board of elections must maintain a current and accurate list of any individuals who have been allowed access to any voter registration system whether the system was accessed in person or through a real-time computer connection.

(E) This list described in paragraph (D) of this rule must contain the following information:

(1) The name of the third-party;

(2) The identity of the system and/or applications to which the third-party user had access;

(3) The user identification code or number through which the third-party accessed the system;

(4) The date on which the director or deputy director granted the access;

(5) The date on which the authorized access terminates; and

(6) A description of the activity conducted by the third party.

Last updated March 28, 2022 at 2:23 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-4-05 Conducting annual audits of the statewide voter registration database.

(A) A system administrator for the statewide voter registration database for the office of the secretary of state shall conduct a "Manually Triggered Detailed Audit" for each county at least once each calendar year. The statewide voter registration database shall do the following:

(1) Automatically request all information contained in all "active-active" and "active-confirmation" voter records in all precincts in all of the county voter registration systems;

(2) Attempt to match all information or data in the county voter records in all precincts with the information or data for the same voter records contained in the statewide voter registration database by using the state voter identification numbers;

(B) The statewide voter registration system will generate an email notification to the boards of elections indicating any audit discrepancies. The notification will be sent following the completion of the audit.

Last updated March 28, 2022 at 2:23 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-4-06 Data sharing.

Section 3503.15 of the Revised Code authorizes the secretary of state to enter into agreements with persons or organizations engaging in legitimate governmental purposes to share information or data as necessary for maintenance of the statewide voter registration database. The secretary of state identifies the following persons or organizations that may receive information or data from the Ohio statewide voter registration database:

(A) Other state of Ohio agencies, including but not limited to Ohio bureau of motor vehicles, Ohio department of health, Ohio department of job and family services, Ohio department of medicaid, and Ohio department of rehabilitation and correction, for the purpose of identifying presently registered voters in the state of Ohio whose voter registration address, as it is recorded in the Ohio statewide voter registration database, may not be current.

(B) ERIC, or the electronic registration information center. ERIC is an organization of several states that share voter registration data points to maintain accurate voter registration information.

(C) Election officials of other states, territories, or local political subdivisions of other states or territories who administer elections, for the purpose of comparing voter registration records to assist in identifying duplicate registrations and confirming accurate voter registration information.

Last updated March 28, 2022 at 2:23 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03

Chapter 111:3-5 Withdrawal of Certification

Ohio Adm.Code 111:3-5-01 Scope of rules.

(A) Each designated agency that registers voters shall implement a program for registering voters in accordance with a voter registration assistance plan adopted by the designated agency and filed with and approved by the secretary of state. The administrative rules contained in this chapter establish content and format requirements for designated agencies to follow in preparing a voter registration assistance plan specifying the resources and locations at which each designated agency will provide voter registration opportunities.

(B) As used in this chapter:

(1) "Plan refers to the voter registration assistance plan to be prepared or updated annually by designated agencies specifying the resources and locations at which the designated agency will provide voter registration assistance opportunities.

(2) "Registration Form" refers to the voter registration application prescribed by the secretary of state pursuant to section 3503.14 of the Revised Code.

(3) "Agency Coordinator" refers to the person identified by the designated agency to be responsible for the preparation, filing, coordination and implementation of the plan and the designated agency's voter registration program. Each agency coordinator shall also serve as the contact person for responding to questions or concerns raised by a board of elections or the secretary of state.

(4) "Declination Form" means a voter registration form that has been returned by an agency consumer and indicates that the agency consumer does not want to register or update their registration, regardless of whether the form contains a signature or other identification of the agency consumer.

(5) "Transmittal Form" refers to a form prescribed by the secretary of state to enable each designated agency to forward registration forms to the board of elections that maintain as confidential the identity of the designated agency and enable the board of elections to comply with the requirements of division (F)(4) of section 3503.10 and division (U) of section 3501.11 of the Revised Code.

Last updated March 28, 2022 at 8:49 AM

History

  • Effective: March 28, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 111:3-5-02 Submission of plan.

In order to implement the voter registration program set forth in section 3503.10 of the Revised Code, each designated agency shall submit a plan to the secretary of state in accordance with administrative rules for approval.

On or before January first of each succeeding year, each designated agency shall either submit any change or modifications to its plan to the secretary of state for approval or affirm that the previously submitted plan has not changed.

Last updated March 28, 2022 at 8:49 AM

History

  • Effective: March 28, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 111:3-5-03 Registration opportunities.

Each plan shall specify the procedures and personnel through which each designated agency will provide opportunities for its consumers to register to vote, and shall include:

(A) The name, address, and the telephone number of the person or persons who shall serve as the agency coordinator;

(B) A procedure to be administered as part of the designated agency's intake process that requires that each agency consumer to be offered a registration form and the opportunity for assistance in completing such form;

(C) If the designated agency is an office or agency of the state that provides public assistance or that provides state funded programs primarily engaged in providing services to persons with disabilities, a procedure to be administered as part of the designated agency's intake process which requires that each agency consumer receive a form prescribed by the secretary of state pursuant to division (C) of section 3503.10 of the Revised Code that contains the following:

(1) "Applying or declining to apply, to register to vote will not affect the amount of assistance that you will be provided by this agency;"

(2) Notice of name, address and phone number of the person or office who the applicant can contact if they believe that their right to register or decline to register to vote or their right to privacy in making this decision has been violated.

(D) A method for training each agency coordinator and other personnel who provide voter registration assistance including:

(1) Instructions that each designated agency person who assists with voter registration shall maintain strict neutrality with respect to a prospective registrant's political philosophy, right to register or decline to register, and shall not make any statements or take any action that may influence a person's decision to register or decline to register.

(2) Instructions that each designated agency person who assists with voter registration, shall not display or demonstrate any political preference or party allegiance, or make any statement or take any action, the purpose or effect of which is, to lead a prospective registrant to believe that a decision to register or decline to register will impact the amount or type of services or assistance offered by the designated agency.

(E) The method that each designated agency or its offices shall use to transmit, to the board of elections in the county in which the designated agency office is located, registration forms and report the number of declinations received by the agency for each reporting period;

(F) The address and phone number of each office through which the designated agency shall provide voter registration opportunities.

Last updated March 28, 2022 at 8:50 AM

History

  • Effective: March 28, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 111:3-5-04 Employees.

(A) Wherever possible, the employee who provides registration assistance should be the same as the person who gives assistance in the application process for the regular services that the designated agency provides. Each employee assigned to voter registration activities shall be trained and if requested, shall provide to each such consumer who registers to vote the same degree of assistance as with regard to the completion of its own forms.

(B) Each agency coordinator shall train all employees and other persons assigned by the designated agency to work on voter registration activities, or shall arrange for its employees to receive such training, and shall provide such employees and other persons with instructional materials on voter registration to be supplied to each designated agency by the secretary of state. Each designated agency shall provide ongoing training for its employees involved in the designated agency's voter registration program.

(C) Employees and other persons working on voter assistance activities for a designated agency shall not do any of the following:

(1) Directly or indirectly seek to influence a consumer's political preference or party enrollment.

(2) Make any statement to a consumer or take any action, the purpose or effect of which is, to discourage the consumer from registering to vote; or

(3) Make any statement to a consumer or take any action, the purpose or effect of which is, to lead the consumer to believe that a decision to register or not to register has any bearing on the availability of services or benefits.

(D) Upon receipt of a completed registration form, the employee shall note, in indelible ink, the date such form was received by the designated agency. The date notation or stamp shall be of such nature or placed in a location that maintains as confidential, to any member of the public who may request and receive access to the registration form, the identity of the designated agency through which a person registered.

Last updated March 28, 2022 at 8:50 AM

History

  • Effective: March 28, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 111:3-5-05 Transmittal of forms.

(A)

Each designated agency, through its agency coordinator, shall collect all registration forms and tally the number of registration forms collected. The total number of registration forms collected by each designated agency since the date of the last transmittal shall be recorded on a transmittal form that shall be in a format prescribed by the secretary of state. In addition, each designated agency shall record on the transmittal form the name and address of the designated agency.

(B) Each agency coordinator, or their designee, shall forward the transmittal form and the registration forms to the board of elections in the county in which the designated agency is located. The process for forwarding the forms to the board of elections shall be jointly agreed to by the designated agency and the board of elections. If no such process can be agreed upon, the designated agency shall transmit the registration forms, along with the transmittal form, to the board of elections by regular mail, postage prepaid, no less often than once every five business days.

(C) Each board of elections shall, upon receipt of a transmittal form, note the total number of duplicate registrations received through the transmittal. This number shall be recorded on the transmittal form. Thereafter, each board of elections shall maintain the transmittal forms or the information contained thereon in a format and location so that the information is readily available to the secretary of state and the board of elections can report to the secretary of state any statistical information as the secretary requests.

Last updated March 28, 2022 at 8:50 AM

History

  • Effective: March 28, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 111:3-5-06 Registration and transmittal forms to be prescribed.

The secretary of state shall prescribe all registration, transmittal and other forms required to be used by each designated agency to do all of the following:

(A) Enable each designated agency and the boards of elections to comply with the requirement of sections 3501.11 and 3503.10 of the Revised Code;

(B) Provide a program that allows qualified residents of the state of Ohio to register at designated agencies and that allows the boards of elections and the secretary of state to collect certain registration related statistical data and report that data to the federal election assistance commission.

Last updated March 28, 2022 at 8:50 AM

History

  • Effective: March 28, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 111:3-5-07 Voter registration - bureau of motor vehicles.

(A) The registrar of motor vehicles shall designate an employee for the deputy registrar services section to be in charge of and responsible for voter registration within the bureau of motor vehicles. The designated employee may identify other employees within the section to assist in voter registration. The designated employee shall provide, in cooperation with the secretary of state, a training program and materials for training in voter registration for deputy registrars and their employees.

(B) The office manager appointed by each deputy registrar shall be in charge of and responsible for voter registration within that agency unless the deputy registrar notifies the registrar in writing that another individual is designated to serve in that capacity.

(C) When any person applies for a driver's license, commercial driver's license, a state of Ohio identification card, or motorcycle operator's license or endorsement, or the renewal or duplicate of any license or endorsement under Chapter 4506. or 4507. of the Revised Code, the employee of the registrar or deputy registrar receiving the application shall offer the applicant the opportunity to register to vote or update the applicant's voter registration if the applicant is eligible and wishes to do so, and assistance in completing the voter registration form if so requested.

The applicant shall not be required to fill out any portion of the voter registration form that requests information that duplicates information on the application for a license, identification card or endorsement. Such information shall be printed on the form by the registrar or deputy registrar.

(D) The registrar or deputy registrar shall enter the date each registration application, change of name notice, or change of address form is received. The date may be entered by use of a date stamp or may be typed or printed upon the document. The date stamp or date entry shall not disclose the identity of the office that entered it.

(E) The registrar or deputy registrar shall send any completed registration application, change of residence notice, or change of name notice to the board of elections of the county in which the office of the registrar or deputy registrar is located, within five days after accepting the application or notice.

(F)

(1) Each deputy registrar shall record and report to the registrar all of the following:

(a) The number of applicants for licenses served by the deputy registrar;

(b) The number of voter registrations, change of address notices, and change of name notices completed by the deputy registrar and transmitted to the board of elections;

(c) The number of voter registration applications declined by the deputy registrar;

(d) Upon the request of the registrar, any additional information required by the secretary of state to comply with the National Voter Registration Act of 1993, 52 U.S.C.A. 20501 et seq., as amended on January 6, 1996.

(2) The report shall be filed semi-annually or more frequently as prescribed by the registrar.

(G) The registrar shall collect the reports from each deputy registrar and shall report and transmit to the secretary of state at least once annually information on the number of applicants for licenses and the numbers of voter registrations, change of residence notices, and change of name notices completed, and the number of voter registration applications declined, and any additional information required by the secretary of state to comply with the National Voter Registration Act of 1993, 52 U.S.C.A. 20501 et seq., as amended on January 6, 1996.

(H) No information relating to an applicant's decision to decline to register or update their voter registration at the office of the registrar of deputy registrar may be used for any purpose other than voter registration record keeping required by the secretary of state, and all such information shall be kept confidential.

(I) The bureau of motor vehicles shall supply all of its deputy registrars with a sufficient number of voter registration applications, change of residence notices, and change of name notices as prescribed by the secretary of state.

(J) The decision of any applicant whether to register as an elector shall be given no consideration in the decision whether to issue him a license, a state identification card, an endorsement, a renewal, or a duplicate.

(K) In addition to other provisions set forth in this rule, each deputy registrar shall maintain a supply of voter registration applications, change of address notices, and change of name notices and shall provide them to any individual upon request. Each deputy registrar shall display in a prominent place a notice that voter registration applications and change of address or name notices are available at the agency.

Last updated March 28, 2022 at 8:50 AM

History

  • Effective: March 28, 2022
  • Promulgated Under: 111.15

Chapter 111:3-6 Meetings

Ohio Adm.Code 111:3-6-01 Procedures regarding meetings, notices of meetings, and minutes.

Section 3503.09 of the Revised Code requires the secretary of state to adopt rules for the electronic transmission by designated agencies, offices of deputy registrars of motor vehicles, public high schools and vocational schools, public libraries, and offices of county treasurers, where applicable, of name and residence changes for voter registration records in the statewide voter registration database. The law also requires the secretary of state to adopt rules for the purpose of improving the speed of processing new voter registrations that permit information from a voter registration application received by a designated agency or an office of deputy registrar of motor vehicles to be made available electronically, in addition to requiring the original voter registration application to be transmitted to the applicable board of elections under sections 3503.10 and 3503.11 of the Revised Code. Accordingly, these rules address requirements for transmitting electronically voter registration applications for new and updated voter registrations.

Last updated October 26, 2023 at 11:15 AM

History

  • Effective: January 25, 2016
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-6-02 Definitions.

(A) "Designated agency" means an office or agency in the state that provides public assistance or that provides state-funded programs primarily engaged in providing services to persons with disabilities and that is required by the National Voter Registration Act of 1993 to implement a program designed and administered by the secretary of state for registering voters, or any other public or government office or agency that implements a program designed and administered by the secretary of state for registering voters, including the department of job and family services, the program administered under section 3701.132 of the Revised Code by the department of health and addiction services, the department of mental health, the department of developmental disabilities, the opportunities for Ohioans with disabilities agency, the department of medicaid, and any other agency the secretary of state designates. Designated agency does not include public high schools and vocational schools, public libraries, or the office of a county treasurer.

(B) "Other registration agency" means a public high school or vocational school, a public library or the office of a county treasurer or other office or agency that is permitted or required to conduct voter registration activities pursuant to applicable sections of the Ohio Revised Code.

(C) "Deputy registrar of motor vehicles" has the same meaning as office of deputy registrar of motor vehicles as either may be described in Chapter 4503. of the Revised Code.

(D) "National Voter Registration Act of 1993" also known as NVRA and the Motor Voter Act means Public Law 103-31, 107 Stat. 77, 42 U.S.C. 1973gg.

(E) "Extensible Markup Language" or "XML" is a set of rules for encoding documents in machine-readable form, defined in the XML 1.0 Specification produced by the world wide web consortium (W3C).

(F) "Facsimile" is a copy or reproduction of a document transmitted over a telephone line.

(G) "Portable Document Format" or "PDF" is an open standard for document exchange transmitted, for purposes of these rules, by electronic mail. PDF is an open file format specification developed by adobe systems.

(H) "Voter registration application" includes both new voter registration applications and applications to update an elector's name or residence address, whether by use of a form or data entry by a designated agency, other registration agency or deputy registrar of motor vehicles.

(I) "Voter registration application form" means a paper form used to register to vote or to update an elector's name or residence.

(J) "Elector" has the same meaning as division (N) of section 3501.01 of the Revised Code; that is, a person having the qualifications provided by law to be entitled to vote.

Last updated March 29, 2022 at 12:59 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-6-03 Processing voter registration applications by designated agencies, other registration agencies and deputy registrars of motor vehicles.

(A) Every designated agency, other registration agency, and deputy registrar of motor vehicles shall accept completed voter registration application forms, regardless of whether a form was distributed by the designated agency, other registration agency, or deputy registrar of motor vehicles. Original voter registration application forms shall be transmitted to the board of elections for the county in which the agency or deputy registrar is located. Each designated agency and the appropriate board of elections shall establish a method by which voter registration application forms are transmitted to that board of elections within five business days after being accepted by the agency.

(B) The secretary of state shall supply instructions to the designated agencies, other registration agencies, and deputy registrars of motor vehicles, for the electronic transmission of voter registration applications to the secretary of state. Each designated agency, other registration agency or deputy registrar of motor vehicles shall transmit an identifier for data relating to each new voter registration application form that shall be used by boards of elections to match the electronic data to the original voter registration application form.

(C) The designated agency, other registration agency, or deputy registrar of motor vehicles may place the identifier to be used to match the electronic data with the original voter registration application forms in the upper left corner of the original voter registration application form, but in no instance shall the identifier indicate the identity of the agency transmitting the form, or mask in any way the information supplied by the elector on the original voter registration application form.

(D) Any designated agency, other registration agency, or deputy registrar of motor vehicles that receives a voter registration application shall electronically transmit the application to the secretary of state within two business days after receipt. In the case of an application to update an elector's name or residence, "receipt of a voter registration application" may consist of the entry or creation of electronic data in a format approved by the secretary of state. In that case, the agency or deputy registrar shall include with the record a statement that the elector's identity was verified at the time of the entry or creation of the elector's updated electronic data. Voter registration applications shall be transmitted to the secretary of state by one of the following methods:

(1) Extensible markup language format (XML) according to XML specifications and according to instructions provided by the secretary of state;

(2) Portable document format (PDF) and electronic mail according to instructions that may be provided by the secretary of state; or

(3) Facsimile according to instructions that may be provided by the secretary of state.

(E) Voter registration applications shall be transmitted according to instructions from the secretary of state by the highest degree of electronic capacity possessed by the designated agency, other registration agency, or deputy registrar of motor vehicles, with XML format being the highest degree and facsimile being the lowest degree of electronic capacity.

(F) In the event that the designated agency, other registration agency or deputy registrar of motor vehicles is able to transmit voter registration applications only by facsimile, the secretary of state may instruct the agency or deputy registrar to make its electronic transmissions directly to the appropriate boards of elections, and the boards of elections shall accept the applications by facsimile and compare them with the voter registration application forms received from designated agencies, other registration agencies and deputy registrars of motor vehicles.

Last updated March 29, 2022 at 12:59 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-6-04 Processing voter registration applications received electronically from designated agencies, other registration agencies and deputy registrars of motor vehicles by the secretary of state.

(A) The secretary of state shall, within three business days of receipt of a voter registration application from a designated agency, other registration agency, or deputy registrar of motor vehicles, verify the data for information required by rule 111:3-6-03 of the Administrative Code, and transmit the application by the highest degree of electronic capacity available to the appropriate board of elections with instructions for verifying the data and updating the board's records of registered voters in the county.

(B) When transmitting voter registration applications received from designated agencies, other registration agencies and deputy registrars of motor vehicles to boards of elections, the secretary of state shall include, in addition to the unique identifier supplied by the agency or deputy registrar for each voter registration application, a source identifier of the agency or deputy registrar that supplied the voter registration application. The secretary of state also shall inform boards of elections that the boards must keep confidential the source identifier designating the identity of the agency through which the person registered to vote or updated their registration.

(C) Except as required by the secretary of state for record-keeping purposes, the identity of an agency through which a person registered to vote or updated the person's voter registration records, and information relating to a declination to register to vote shall be confidential.

Last updated March 29, 2022 at 12:59 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-6-05 Training for agencies conducting voter registration activities.

Each designated agency, other registration agency, and deputy registrar of motor vehicles shall require its employees to be trained to administer the voter registration program, including the electronic transmission program prescribed under this chapter. The training program shall be developed in consultation with the secretary of state, in order to provide to each applicant who wishes to register to vote and who accepts assistance, the same degree of assistance with regard to completion of the voter registration application as the agency provides in completing its own forms. Any employee receiving such training shall not be entitled to receive any additional compensation for performing such duties.

Last updated March 29, 2022 at 12:59 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-6-06 Training for boards of elections.

Each board of elections shall require its employees to be trained to administer the electronic transmission program prescribed under this chapter. The secretary of state shall provide training to boards of elections. Any employee receiving such training shall not be entitled to receive additional compensation for performing such duties.

Last updated March 29, 2022 at 12:59 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-6-07 Processing voter registration applications received from the secretary of state electronically and from designated agencies, other registration agencies and deputy registrars of motor vehicles, by boards of elections.

(A) When a board of elections receives by electronic means a new or updated voter registration that has been received by the secretary of state from a designated agency, other registration agency, or deputy registrar of motor vehicles, the board shall maintain the electronic transmission in a separate file or enter it in its database as a pending status until it compares the electronic record with the voter registration application form received from the designated agency, other registration agency, or deputy registrar of the bureau of motor vehicles and verifies the qualifications of a new registrant or an elector who has applied for a change of name or residence. The board of elections shall complete these steps before the voter registration application is added to the statewide voter registration database.

(B) The board of elections shall review and maintain completed voter registration application forms that are transmitted to the board of elections, as required under section 3503.10 or 3503.11 of the Revised Code.

(C) If the board of elections does not receive the original voter registration application for a new registrant within ten days after the board of elections received the electronic transmission from the secretary of state, the board of elections shall contact the designated agency, other registration agency, or deputy registrar of motor vehicles to determine whether the original completed new voter registration application has been transmitted. If no original voter registration application form is received for a new registrant within twenty days after the board of elections received the electronic transmission, the board of elections shall send to the elector a new voter registration application form to complete and return to the board of elections in order to obtain the elector's original signature. If the original signature is received after the deadline to register for a particular election but more than fourteen days before the election, the elector shall be entitled to vote at that election. Nothing in this rule permits an individual to be registered to vote without supplying an original signature to the board of elections.

(D) In the case of voter registration applications where the elector has updated their name or residence address and where no original voter registration application form is required by law, the board shall include an identifier for the voter registration application indicating that no original voter registration application form was required or supplied by the designated agency, other registration agency, or deputy registrar of motor vehicles, and that the agency or deputy registrar and the secretary of state verified the elector's information.

(E) When a board of elections receives an electronic transmission of a voter registration application from the secretary of state that originated from a designated agency, other registration agency, or deputy registrar of motor vehicles, the board of elections shall retain the secretary's source identifier for the voter registration application and the unique identifier supplied by the designated agency, other registration agency, or deputy registrar of motor vehicles for the voter registration application. The board of elections shall use the unique identifier supplied by the designated agency, other registration agency, or deputy registrar of motor vehicles to match the electronic data to original voter registration application forms for purposes of comparison and verification and to qualify the voter registration data to be entered into the statewide voter registration database. The board of elections shall not cause the source identifier to appear on the original voter registration application form and shall redact the unique identifier to be redacted from public view of a voter registration application form.

Last updated March 29, 2022 at 12:59 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-6-08 Prohibitions.

The secretary of state and the boards of elections, their employees and agents, and any third party assisting the secretary of state or boards of elections, shall not permit any direct electronic connection between a designated agency, other registration agency, or deputy registrar of motor vehicles and the statewide voter registration database.

Last updated March 29, 2022 at 12:59 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03

Chapter 111:3-7 Compensation of Precinct Officials; Change in Polling Place Location

Ohio Adm.Code 111:3-7-01 Compensation of precinct election officials.

(A) For purposes of this rule:

(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor Standards Act of 1938," 52 Stat. 1062, 29 U.S.C. 201, as amended.

(2) "Full election day" means the period of time between the opening of the polls and the completion of the procedures contained in section 3501.26 of the Revised Code.

(B)

Upon learning of any amendments to the Fair Labor Standards Act that increases the minimum hourly rate, the secretary of state shall establish a new maximum per diem of compensation that may be paid to precinct election officials. At such time, the secretary of state shall determine the percentage the minimum hourly rate has been increased under the Fair Labor Standards Act. The secretary of state shall use this percentage to set a new maximum amount of per diem compensation, which shall be the amount established under section 3501.28 of the Revised Code, increased by the same percentage that the minimum hourly rate has been increased under the act.

(C)

The secretary of state shall notify the boards of election by directive or advisory of the new maximum amount of per diem compensation.

Last updated March 28, 2022 at 5:30 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-7-02 Changes in locations of precinct polling places and notification to the secretary of state.

(A) A board of elections shall provide the office of the secretary of state with a list of all precinct polling locations at which a voter may cast a ballot within the county at the next general or primary election to be held within that county. A county board of elections must notify the secretary of state of any change to this list within one business day if the change is made within the thirty days preceding a general or primary election.

(B) For purposes of this rule, "general election" and "primary election" have the same meaning as in section 3501.01 of the Revised Code.

(C) The list shall be transmitted to the electronic mail address assigned to an individual specified by the secretary of state for the purpose of receiving lists of precinct polling locations.

(1) The list shall be transmitted as an attached file saved in a comma delimited format either with a TXT or CSV extension.

(a) For purposes of this rule, "TXT" means a text file.

(b) For purposes of this rule, "CSV" means comma separated value file.

(2) The list must contain the following fields with each field containing data for each polling location:

(a) Two digit county number assigned to the county by the office of the secretary of state;

(b) State precinct code as maintained in the statewide voter registration database;

(c) County precinct code used by the county to identify the precinct;

(d) Polling location name;

(e) Polling location description (e.g. name of building, business, school, etc.);

(f) Polling location complete address;

(g) Polling location city;

(h) Polling location zip code;

(i) Polling location zip plus four; and

(j) Polling location load date and time, which is generated automatically and indicates when the list was created.

(D) The notification required by paragraph (A) of this rule shall be transmitted by electronic mail as an updated version of the list of all precinct polling locations within the county in the manner and format(s) specified in paragraph (D) of this rule.

(E) The office of the secretary of state shall, within one business day of receiving an updated list from a county board of elections, update the precinct polling location information on its website consistent with the information supplied by the county board of elections.

Last updated March 28, 2022 at 5:30 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03

Chapter 111:3-8 Notice of Ballot Board Meetings

Ohio Adm.Code 111:3-8-01 Notice of meetings of Ohio ballot board.

(A) Any person may determine the time, place, and purpose of all regular and special meetings of the Ohio ballot board by contacting the elections division of the secretary of state's office.

(B) Any representative of the news media may obtain notice of all meetings by requesting in writing that such notice be provided. Such notice will only be given, however, to one representative of any particular publication or radio or television station. A request for such notification shall be sent to the elections division of the secretary of state's office. The request shall provide the name of the individual media representative to be contacted, that representative's email address, and a maximum of two telephone numbers where that representative can be reached. The secretary of state shall maintain a list of all representatives of the news media who have requested notice of meetings pursuant to this rule. In the event of a special meeting not of an emergency nature, the secretary of state shall give notice of the meeting to all media representatives on the list no later than twenty-four hours prior to the meeting.

(C) In the event of an emergency meeting, the secretary of state shall give notice of such meeting to all media representatives on the list by contacting them directly or by notifying the clerk of the state house press room as soon as possible. In giving the notice required by this rule, the secretary of state may rely on assistance provided by any member of the secretary's staff or of the Ohio ballot board, and any such notice is complete if given by such member in any of the manners provided in this rule.

(D) Any person may receive notice of all meetings of the Ohio ballot board at which specific subject matters designated by such persons are scheduled to be discussed. The secretary of state shall maintain a list of all persons who have requested such notification.

Last updated March 29, 2022 at 5:22 PM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03

Chapter 111:3-9 Voting Machines and Equipment

Ohio Adm.Code 111:3-9-01 Notice of meetings.

(A) Any person may determine the time and place of all regularly scheduled meetings of the board of voting systems examiners and the time, place, and purpose of all special meetings by contacting the elections division of the secretary of state's office.

(B) Any representative of the news media may obtain notice of all special meetings by requesting in writing that such notice be provided. Such notice will only be given, however, to one representative of any particular publication or radio or television station. A request for such notification shall be sent to the elections division of the secretary of state's office. The request shall provide the name of the individual media representative to be contacted, that representative's email address, and a maximum of two telephone numbers where that representative can be reached. The secretary of state shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this rule.

In the event of a special meeting not of an emergency nature, the secretary of state shall give notice of the meeting to all media representatives on the list no later than twenty-four hours prior to the meeting. In the event of a special meeting of an emergency nature, the notice need not be given twenty-four hours prior to the meeting but shall be given as soon as possible.

In giving the notice required by this rule, the secretary of state may rely on assistance provided by any member of the secretary's staff or of the board of voting systems examiners, and any such notice is complete if given by such member in any of the manners provided in this rule.

(C) Any person may receive notice of all meetings of the board of voting systems examiners at which specific subject matters designated by such persons are scheduled to be discussed. The secretary of state shall maintain a list of all persons who have requested such notification.

Last updated November 4, 2025 at 2:07 PM

History

  • Effective: October 11, 2025
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-9-02 Application requirements; generally.

In order to request examination, testing, and approval of equipment, the vendor shall submit the following to the elections division of the secretary of state's office:

(A) All applicable hardware;

(B) All related procedural manuals, including the standard operations manual. The manual shall contain the following information:

(1) A detailed description of the operation system;

(2) An explanation of the method of operation of the equipment;

(3) Tested standards of equipment regarding reliability, ranges, and test conditions;

(4) A sample contractual agreement to be used by the board of elections which is purchasing equipment including service terms;

(5) Specifications of security features to ensure against tampering, manipulation, or fraud;

(6) Cost factors and compatibility with existing systems.

(C) A current description of all related support arrangements for the equipment;

(D) An application fee;

(E) A detailed explanation of the construction and method of operation of the equipment;

(F) A full statement of the advantages of the equipment;

(G) A list of applicable patents and copyrights on the equipment.

(H) Any other documentation necessary to demonstrate that the equipment and system comply with certification standards.

Last updated March 28, 2022 at 8:53 AM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-9-03 Application fee.

(A) The application fee to be submitted to the board for each submission is twenty-four hundred dollars. The fee shall be in the form of a certified check or money order made payable to the treasurer of state. The fee should be delivered to the elections division of the office of the Ohio secretary of state.

(B) All fees collected shall be deposited into the state treasury to the credit of the "board of voting systems examiners fund" established in division (D)(2) of section 3506.05 of the Revised Code and used as provided in that section.

(C) An additional fee in the amount of actual costs incurred may be imposed to cover the costs of alternative testing or testing by persons other than board members, record keeping, and other extraordinary costs incurred in the examination process.

(D) In the event a fee or any part of it remains unused at the conclusion of the board's examination, it shall be refunded to the person who submitted the application fee.

Last updated November 4, 2025 at 2:07 PM

History

  • Effective: October 11, 2025
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-9-04 Escrow procedures.

(A) Consistent with the guidelines and standards of the U.S. election assistance commission, computer software developers must place in escrow with an independent escrow agent a copy of all source code and related documentation, together with periodic updates as they become known or available.

(B) Documentation referred to in paragraph (A) of this rule shall include a system configuration.

(C) Source code documentation referred to in paragraph (A) of this rule Code shall include all relevant program statements in low- or high-level languages.

(D) The independent escrow agent is subject to the approval of the secretary of state and must agree to all requirements of state law.

Last updated October 26, 2023 at 11:15 AM

History

  • Effective: January 25, 2016
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-9-06 Demonstration and approval of equipment; generally.

(A) All equipment and related materials must be submitted to the board of voting systems examiners for examination and testing. Upon receipt of the application fee and copies of the standard operations manual, the board of voting systems examiners shall call a meeting to receive both an oral presentation and a physical demonstration of the output device. The device and other backup machinery shall be available for inspection.

(B) If a majority of the members vote that the equipment meets the mandatory criteria set forth in rule 111:3-9-08 of the Administrative Code, the board of voting systems examiners shall make a recommendation to the secretary of state to certify such equipment for use.

(C) The board of voting systems examiners shall prepare and file a written report with its recommendations to the secretary of state regarding whether the equipment and related materials can be used safely by voters. The statement should indicate one of the following:

(1) Approval or disapproval of the equipment and related materials;

(2) Conditions under which the equipment is approved;

(3) Temporary approval for experimental use of the equipment;

To be approved for experimental use, a voting machine need not comply with the requirements of paragraphs (B)(1) to (B)(4) of rule 111:3-9-08 of the Administrative Code.

(4) Reasons for which testing requires a longer period of time.

(D) The board of voting systems examiners shall meet to conduct such examination within sixty days after the submission of the equipment and payment of the fee, or as soon thereafter as is reasonably practicable, but in any event shall conduct such examination and file the required report with the secretary of state not more than ninety days after the submission and payment.

Last updated November 4, 2025 at 2:07 PM

History

  • Effective: October 11, 2025
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-9-08

(A) In examining equipment and related materials for possible approval, the board of voting systems examiners will generally consider the following:

(1) Whether the equipment can be used safely;

(2) Whether the equipment can be depended upon to record and count accurately and continuously the votes of electors;

(3) Whether the equipment has the capacity to be warranted, maintained, and serviced.

(B) No voting machine shall be approved by the board of voting systems examiners or certified by the secretary of state, or be purchased, rented, or otherwise acquired, or used, except when specifically allowed for experimental use, unless it fulfills the following requirements:

(1) The voting machine meets all requirements specified in section 3506.10 of the Revised Code.

(2) The voting machine is certified by an independent voting system test laboratory as meeting or exceeding the minimum requirements of the voluntary voting system guidelines most recently adopted by the federal election assistance commission for which laboratories are certified to test.

(3) The voting machine shall not connect to the internet. If submitted for testing for certification by the federal election assistance commission on or after June 16, 2021, the equipment does not contain any wireless communication hardware or software components.

(4) The voting machine is configured to operate consistently with security requirements established by the secretary of state.

(C) The board of voting systems examiners will use a matrix rating sheet which provides for ratings of "acceptable" or "unacceptable" on each requirement for certification. The secretary of state may propose changes to the matrix rating sheet within a reasonable time prior to a meeting of the board. The board of voting systems examiners shall approve the changes in a public meeting.

Last updated October 14, 2025 at 2:11 PM

History

  • Effective: October 11, 2025
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-9-07 Demonstration procedure.

(A) During the physical demonstration required under rule 111:3-9-06 of the Administrative Code, the voting machine vendor shall do all of the following:

(1) Display and discuss the standard operations manual.

(2) Demonstrate ballot set up, including provision for:

(a) Rotation among precincts.

(b) Split precincts.

(3) Demonstrate opening of polls.

(4) Demonstrate means of locking out access to set up procedures to any but authorized personnel.

(5) Demonstrate means of locking out access to set up procedures to prevent overvote, or response to an overvote if no lockout exists.

(6) Demonstrate recovery from power failure.

(7) Discuss sensitivity to variations in operating conditions, including:

(a) Temperature;

(b) Humidity;

(c) Dust.

(8) Demonstrate accessibility to disabled voters.

(9) Demonstrate write-in capacity, and protection of voter privacy.

(10) Demonstrate means by which a voter can change vote.

(11) Demonstrate means by which a voter casts a ballot.

(12) Demonstrate how enclosure protects voter privacy.

(13) Demonstrate closing of the polls.

(14) Demonstrate taking the count, based on an actual series of votes cast during the demonstration.

(15) Discuss and demonstrate backup memory features and physical audit trail, if any.

(16) Demonstrate report of results.

(17) Discuss and demonstrate recount procedures.

(18) Demonstrate the question of operation in the following situations:

(a) Overlapping school districts in one precinct;

(b) Primary election with multiple parties and issues only ballots to be counted;

(c) Rotation of names;

(d) Ballots inserted backwards, or upside down in an optical scanner;

(e) Overvotes for an office;

(f) How an individual vote cannot be traced to the individual voter;

(g) Production of abstracts in standard secretary of state's format.

(B) During the physical demonstration required under rule 111:3-9-06 of the Administrative Code, the electronic pollbook vendor shall do all of the following:

(1) Display and discuss the standard operations manual;

(2) Demonstrate set up procedures, including provisions for:

(a) Opening of polls;

(b) Voter's eligibility verification; and

(c) Voter's check-in by scanning the barcode on the voter's Ohio driver's license or state identification card or by entering manually the voter's information.

(3) Demonstrate notification to precinct election officials whether the voter is in the correct precinct and polling location or the incorrect precinct and polling location;

(4) Demonstrate that the electronic pollbook has the capability to generate a locally-configurable notice containing the name and location of the voter's precinct that may be given to the voter if the voter is in the incorrect precinct and polling location;

(5) Demonstrate that a voter has voted correctly, and the electronic pollbook has been correctly shut down;

(6) Demonstrate that the electronic pollbook has the capability to generate a locally-configurable report to be exported at least three times on election day and after the close of polls;

(7) Discuss that the electronic pollbook has the capability to export voter participation data in a machine-readable, common data format for import into the voter registration system;

(8) Discuss that the electronic pollbook has the capability to import voter data in a machine-readable, common data format exported from the voter registration system;

(9) Demonstrate means of locking out access to set up procedures to any but authorized personnel;

(10) Demonstrate recovery from power failure;

(11) Discuss sensitivity to variations in operating conditions, including:

(a) Temperature;

(b) Humidity;

(c) Dust.

(12) Demonstrate closing of the polls.

(C) During the physical demonstration required under rule 111:3-9-06 of the Administrative Code, the remote ballot marking system vendor shall do all of the following:

(1) Demonstrate that the system authenticates administrators and voters before granting access to sensitive functions;

(2) Demonstrate that the remote ballot marking system has the capability to automate the import of any election information extracted from the county's electronic management system (EMS) or voter registration system;

(3) Demonstrate that the remote ballot marking system has the capability for the authenticated voter to download and print an unmarked blank ballot;

(4) Demonstrate that the remote ballot marking system has the capability to transmit a ballot of the appropriate ballot style electronically to the voter upon request;

(5) Demonstrate that the system provides an intuitive and easy-to-navigate user interface;

(6) Discuss that the remote ballot marking system has the capability for the voter to print detailed, complete jurisdiction-specific instructions for the return by U.S. mail of a marked ballot, to include but not limited to:

(a) Cover sheets;

(b) Mailing and security envelope templates;

(c) Instructions;

(d) Postal and email addresses; and

(e) Oath statements.

(7) Discuss that the remote ballot marking system has the capability to copy to county election administration personnel all email messages transmitted to voters, including email deliver and failure notices;

(8) Demonstrate that the system is capable of providing feedback to the voter before the final casting or printing of the ballot that identifies specific contest for which the voter has undervoted;

(9) Demonstrate that the system does not allow for a voter to over-vote a contest;

(10) Demonstrate that the remote ballot marking system has the capability to enable configuration of ballot rotation according to the Ohio Revised Code. Rotation must match the rotation of the voter's home precinct;

(11) Discuss the capability for the voter's name, residential address, and ballot style to be printed on the statement of voter form (secretary of state form 12-A) prescribed by the secretary of state;

(12) Demonstrate system monitoring and notification of system errors;

(13) Discuss data preservation to maintain a printable report of activity;

(14) Discuss disaster recovery capabilities to ensure the availability of the system within an hour of failure; and

(15) Discuss and demonstrate audit reports of the number of ballots requested and styles in a readable format.

(D) During the physical demonstration required under rule 111:3-9-06 of the Administrative Code, the ballots on demand voting system vendor shall do all of the following:

(1) Demonstrate that the ballots on demand voting system authenticates administrators and users before granting access to sensitive functions;

(2) Load files into the ballots on demand voting system and print ballots;

(3) Demonstrate that the ballots on demand voting system accurately maintains whole and separate counts of ballots printed by precinct distinguishable by ballot style, including provisional ballots, if the voting systems used by the local jurisdiction provides the functionality;

(4) Demonstrate that the ballots on demand voting system provides an intuitive and easy-to-navigate user interface;

(5) Perform data and operational integrity tests and demonstrate that the ballots on demand voting system displays an appropriate error message when the system fails to print;

(6) Demonstrate system monitoring and notification of system errors;

(7) Demonstrate data preservation to maintain a printable report of activity;

(8) Discuss and demonstrate audit reports of the number of ballots printed and styles in a readable format;

(9) Demonstrate means of locking out access to set up procedures to any but authorized personnel;

(10) Discuss sensitivity to variations in operating conditions, including:

(a) Temperature;

(b) Humidity; and

(c) Dust.

(E) During the physical demonstration required under rule 111:3-9-06 of the Administrative Code, the voter registration system vendor shall do all of the following:

(1) Demonstrate that the voter registration system adheres to password requirements including but not limited to password length, password aging, and password complexity, based on NIST standards;

(2) Demonstrate that the voter registration system supports the use of multifactor authentication;

(3) Demonstrate and discuss how the voter registration system enforces the concept of least privilege for accounts to restrict both privileged and non-privileged accounts to only permissions required to carry out the role assigned to the account;

(4) Demonstrate that the voter registration system has the capability to look up and research voters by various data points including:

(a) First and last name;

(b) Date of birth;

(c) Address;

(d) Precinct or ballot style; and

(e) Board of elections identification number or secretary of state identification number.

(5) Demonstrate that the voter registration system is configured to perform basic tasks during use throughout election and non-election years, including:

(a) Create, update, and remove voter registration records;

(b) Process absentee requests and returns;

(c) Record and display election and voting history information;

(d) Create and maintain various election and absentee-based reports; and

(e) Record and maintain information about voter-initiated activity.

(6) Demonstrate that the voter registration system is capable of handling the entry, processing, and disbursement of voter registration data and information to all voters, poll workers, and election administrators within the jurisdiction in which it will be utilized, including:

(a) Voter registration applications;

(b) Voter registration records;

(c) Absentee ballot requests;

(d) Voting history information; and

(e) Voter list maintenance data.

(7) Demonstrate and discuss that the voter registration system is capable of producing reports regarding various election and absentee activities that occur within the system, such as daily snapshots, daily absentee reports, and supplemental reports, in a commonly available and well-known format;

(8) Discuss that the voter registration system has the capability to interface with software systems used to complete various voter registration activities deemed necessary by the local jurisdiction in which the system operates;

(9) Discuss that the voter registration system has the capability to export voter data in a machine-readable, common data format for import into electronic pollbooks;

(10) Discuss that the voter registration system has the capability to import voter participation data in a machine-readable, common data format exported from electronic pollbooks;

(11) Discuss that the voter registration system has the capability to securely, accurately, effectively, and efficiently transmit and receive data electronically and communicate with the statewide voter registration database, and authorized government portals and agencies specifically within the jurisdiction in which it operates;

(12) Discuss documentation regarding procedures to resolve a system failure, which is defined as a problem either with hardware or operating system software that causes the system to perform abnormally; and

(13) Discuss information in the voter registration system documentation pertaining to maintenance and troubleshooting procedures for:

(a) Loss of connectivity;

(b) System response time;

(c) System-related errors;

(d) System failure;

(e) Feedback; and

(f) Warnings, alerts, and instructions.

Last updated October 14, 2025 at 2:11 PM

History

  • Effective: October 11, 2025
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-9-09 Certification; notification to boards.

The secretary of state shall notify all boards of elections of any certification of equipment within sixty days of determination. Such equipment may then be adopted for use at any election under the following conditions:

(A) The equipment is the same model and make as the certified equipment;

(B) The equipment provides for recording of voter intent;

(C) The equipment provides for system security;

(D) The equipment provides for voter privacy;

(E) The equipment provides for retention of the vote;

(F) The equipment provides for communication of voting records in an identical manner as the certified equipment.

Last updated October 26, 2023 at 11:15 AM

History

  • Effective: January 25, 2016
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-9-10 Bond.

(A) A surety bond shall be required to cover the cost of any recount or new election resulting from or directly related to the use or malfunction of equipment.

(B) The amount of the bond shall be determined by the secretary of state. Such amount shall be based on the following considerations:

(1) Whether the equipment has been approved for only experimental or conditional usage;

(2) The potential for malfunction and the estimated repair time;

(3) Recommendations of the board of voting machine examiners.

(C) The bond shall be filed with the board of county commissioners.

Last updated March 28, 2022 at 8:55 AM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-9-11 Enhancements and significant adjustments; duties.

The vendor shall notify the secretary of state of enhancements and significant adjustments to equipment as required under division (F) of section 3506.05 of the Revised Code. Notice may be accomplished by contacting the elections division of the office of the secretary of state.

Last updated November 4, 2025 at 2:08 PM

History

  • Effective: October 11, 2025
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-9-13 Re-examination; updated manual.

(A) Upon receipt of an updated manual for equipment certified by the secretary of state and after the vote of a majority of the members, the board of voting systems examiners may require the vendor to submit the equipment to an examination and test in order for the equipment to remain certified.

(B) The board of voting systems examiners shall provide vendor with a written notice of re-examination along with a date by which the equipment must be submitted for re-examination.

(C) The board of voting systems examiners may withdraw certification if the vendor fails to submit the equipment for re-examination within the time set forth by the board.

Last updated November 4, 2025 at 2:08 PM

History

  • Effective: October 11, 2025
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-9-14 Re-examination; periodic.

(A) The board of voting systems examiners or the secretary of state shall periodically examine, test, and inspect certified equipment to determine continued compliance. Such re-examination shall be conducted every five years for all equipment.

(B) The board of voting systems examiners shall provide the vendor with a written notice of re-examination along with a date by which the equipment must be submitted for re-examination.

(C) The board of voting systems examiners may withdraw certification if the vendor fails to submit the equipment for re-examination within the time set forth by the board.

(D) Any examination, test, or inspection for the purpose of continuing certification shall be performed in the same manner as the initial approval and certification.

Last updated November 4, 2025 at 2:08 PM

History

  • Effective: October 11, 2025
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-9-15 Withdrwawal of certification;gounds.

The following shall serve as grounds upon which the secretary of state may withdraw the certification of equipment:

(A) A board of elections notifies the board or secretary of state of a significant problem with the equipment;

(B) The board of voting systems examiners or secretary of state determines that the equipment fails to meet the requirements necessary for approval or continued compliance;

(C) The board of voting systems examiners determines there are significant enhancements or adjustments to the hardware or software;

(D) The vendor fails to notify the secretary of state of significant enhancements or adjustments to the hardware and software;

(E) The vendor fails to submit the equipment for re-examination upon written request by the board of voting systems examiners.

Last updated November 4, 2025 at 2:08 PM

History

  • Effective: October 11, 2025
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-9-16 Withdrawal of certification; procedure.

At any time after the certification of equipment, the secretary of state may withdraw such certification if grounds are established under the following procedures:

(A) Written notice is given to the users and vendor of the grounds for possible withdrawal. Such notice shall include the following;

(1) The reason(s) for possible withdrawal of certification;

(2) The date upon which the certification may be withdrawn.

(B) The vendor has thirty days to respond to the notice of grounds for withdrawing certification. The vendor's response shall contain one or more of the following:

(1) A description of corrective measures taken;

(2) An explanation as to why enhancements or adjustments are not significant;

(3) An explanation as to why there are no problems with the equipment.

(C) No later than fifteen days after receiving the vendor's response, the board of voting systems examiners may determine by a majority vote whether:

(1) The vendor's corrective measures are satisfactory;

(2) The explanations offered are satisfactory;

(3) Withdrawal of the certification is required.

(D) The board of voting systems examiners shall notify the vendor of its determination, and in the case of withdrawal of certification, the effective date as determined by the board. Such notice shall include the basis for the board's determination.

Last updated November 4, 2025 at 2:08 PM

History

  • Effective: October 11, 2025
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-9-17 Reconsideration hearing; procedure.

(A) No later than thirty days after receiving the secretary of state's determination regarding the withdrawal of certification, the vendor may request a reconsideration hearing. A vendor who has failed to respond to the secretary of state's notice of possible withdrawal of certification will be deemed to have waived the right to have the board of voting systems examiners' determination reconsidered.

(B) Upon a timely request for a reconsideration hearing, the board shall schedule a hearing to consider testimony and/or documentation in support of or in opposition to the board of voting systems examiners' recommendation to withdraw certification.

(C) Notice of the reconsideration hearing will be given to the vendor ten days prior to the reconsideration hearing.

(D) Any interested party as determined by the board of voting systems examiners may present testimony or documentation at the reconsideration hearing.

Last updated November 4, 2025 at 2:08 PM

History

  • Effective: October 11, 2025
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-9-18 Standards for voter verified paper audit trail.

(A) These standards govern the use of the voter verified paper audit trail system in direct recording electronic (DRE) voting machines in all elections governed by the Ohio Revised Code. These standards shall only apply to DRE systems for which an electronic record of the vote is created by the DRE. The standards in this document constitute a minimum standard of performance.

(B) "Direct recording electronic voting machine" means a voting machine that records votes by means of a ballot display provided with mechanical or electro-optical components that can be actuated by the voter, that processes the data by means of a computer program, and that records voting data and ballot images in internal or external memory components. Only for the purpose of complying with the accessibility requirements of section 3506.19 of the Revised Code, optical scan marking devices determined by the secretary of state to provide the same or substantially similar levels of accessibility, including non-visual accessibility, shall be considered direct recording electronic voting devices. A direct recording electronic voting machine produces a tabulation of the voting data stored in a removable memory component and a printed copy.

(C) "Voter verified paper audit trail" means a physical paper printout on which the voter's ballot choices, as registered by a direct recording electronic voting machine, are recorded. The voter shall be permitted to visually or audibly inspect the contents of the physical paper printout. The physical paper printout shall be securely retained at the polling place until the close of the polls on the day of the election. After the physical paper printout is produced, but before the voter's ballot is recorded, the voter shall have an opportunity to accept or reject the contents of the printout as matching the voter's ballot choices. If a voter rejects the contents of the physical paper printout, the system that produces the voter verified paper audit trail shall invalidate the printout and permit the voter to recast the voter's ballot.

(D) General description

(1) Components: the voter verified paper audit trail (VVPAT) system shall minimally consist of:

(a) A voter verified paper audit trail writer (VVPAT-W) device that is attached, built into, or used in conjunction with a direct recording electronic (DRE) unit and includes:

(i) A printer that will duplicate a voter's selections on the DRE onto a paper record copy.

(ii) A paper record display unit that allows a voter to view his or her paper record copy while preventing the voter from directly handling the paper record copy.

(iii) Paper to produce the voter verified paper audit trail that is sturdy, clean, and resistant to degradation.

(b) A voter verified paper audit trail record storage unit (VVPAT-S) device that stores cast and spoiled paper record copies.

(c) A VVPAT-W and VVPAT-S may be integrated as appropriate to their operation.

(d) A VVPAT may not be used with any voting equipment beyond the physical confines of the polling place, except when used outside a polling place in a self-contained manner to allow for curbside or functionally similar voting.

(2) Operation:

(a) VVPAT systems may be designed in various configurations. In all such devices, prior to casting the ballot, the voter shall have the ability to verify his or her selections on a paper record copy. Before final verification, the voter shall either accept or reject the choices represented on the paper record copy. Upon the completion of verification and casting the ballot, both the electronic record and the paper record copy shall be stored and retained.

(b) Any system that produces a voter verified paper audit trail shall be accessible to disabled voters, including visually impaired voters, in the same manner as the direct recording electronic voting machine that produces it.

(3) Maintenance: VVPAT system design shall permit routine maintenance in a manner that prevents the risk of undetected tampering or unauthorized altering of certified system components during routine system maintenance.

(E) Design requirements

(1) General

(a) Use of electronic and paper ballot records

(i) Every electronic record must have a corresponding paper ballot record copy.

(a) The paper ballot record copy must be printed and the voter must have the opportunity to verify that record prior to the final electronic record being recorded.

(b) A unique DRE identifier must appear on each individual paper ballot record produced, without revealing the identity of the voter who cast the ballot.

(ii) For any recount of an election in which ballots are cast using a DRE voting machine with a VVPAT, the voter verified paper audit trail shall serve as the official ballot to be recounted.

(iii) In the case of a difference between the electronic record and the paper record copy, the paper record copy shall govern, unless there is clear evidence that the paper record copy is inaccurate, incomplete or unreadable as defined in the system procedures.

(iv) The voter verified paper audit trail shall be preserved in the same manner and for the same time period as paper ballots are preserved under section 3505.31 of the Revised Code.

(b) Privacy: The VVPAT system shall be designed to allow every voter to review, accept or reject his/her paper record copy privately and independently and shall comply with federal and state privacy requirements.

(c) Secrecy: The VVPAT system shall be designed to ensure secrecy of votes so that it is not possible to determine which voter cast which paper record copy and shall comply with federal and state secrecy requirements.

(d) Readability:

(i) The VVPAT system shall be designed to maximize the ease in which the voter may review, accept or reject his/her paper record copy and shall comply with federal and state readability requirements.

(a) The headline should be printed in no smaller than twenty-five point font, however, if the vendor cannot print the headline in at least twenty-five point font then they have the option of using a typeface of not less than nine point font and the VVPAT machine must include magnification capability to read the font as if it were thirty point font.

(b) The ballot language, explanation and arguments must be printed in no smaller than nine point font and no larger than eighteen point font and the machine must include a magnification capability read the font as if it were thirty point font.

(c) The ballot typeface must be times new roman, arial, myriad, or its equivalent.

(ii) The voter verified paper audit trail shall be readable in a manner that makes the voter's ballot choices obvious to the voter without the use of computer or electronic codes.

(e) Accessibility: The VVPAT system shall be designed to allow access for disabled and limited literacy voters to privately and independently use the VVPAT and shall comply with federal and state accessibility requirements.

(f) Language accessibility: The VVPAT system shall be designed to allow each voter to verify their vote on a paper record copy in the same language they voted in on the DRE and shall comply with federal and state requirements.

(g) Security: The VVPAT system shall be designed to prevent tampering with either the VVPAT system or the paper record copy, and shall comply with federal and state security requirements.

(h) Capacity: The VVPAT system shall be designed with a combined capacity to ensure that an adequate amount of all the paper record, ink, toner, ribbon or other like supply units in a precinct will accommodate all voters using the DRE's with VVPAT-W within the precinct.

The VVPAT system shall be designed to ensure that poll workers will not be required to add paper record, ink, toner, ribbon or other like supply units to the VVPAT-W, more than once, during the polling hours.

(i) Integrity:

(i) The VVPAT system must be designed to prohibit the production by any direct recording electronic voting machine of anything that legally could be removed by the voter from the polling place, such as a receipt or voter confirmation.

(ii) The VVPAT system must provide a low supply warning to provide a poll worker the opportunity to add paper, ink, toner, ribbon or other like supply before the supply item runs out.

(a) In the event a supply warning occurs as a voter is casting a ballot, the VVPAT must safeguard the secrecy of the ballot by preventing the poll worker from reading the VVPAT ballot.

(b) After the poll worker has filled the supply, the system shall allow the voter to review their VVPAT ballot without having to recast their ballot.

(j) Capability: The VVPAT device should draw its power from the DRE or the same electrical circuit the DRE draws its power from.

(i) When not plugged into an AC power source, the battery used to power the DRE must also power the VVPAT. However, a separate battery can be used to power the VVPAT as long as the voting process cannot continue if the VVPAT is not operational.

(ii) The battery must provide sufficient power to supply both the DRE and VVPAT device for at least two hours, or federal and state standards, which ever is more stringent.

(2) Paper record copy

(a) Security: Security protections shall be built into the paper record copy and/or VVPAT-S to prevent tampering. This provision shall apply to paper record copies before, during and after printing.

(b) Readability: The paper shall be designed so as to make the paper record copy readable by voters and election officials and shall comply with state readability requirements.

(c) Retention: The voter verified paper record copy shall be retained by the elections official for the same period of time as mandated by state law for the retention of paper ballots for that election.

(3) Printer

(a) Security: The printer shall be physically secure from tampering. The paper record copy and the image created by the VVPAT-W on the paper record copy shall be designed to withstand storage requirements as outlined in these standards and state requirements.

(b) Readability: The image created by the printer shall be designed to allow a voter to review his or her paper record copy privately and independently.

(i) The headline should be printed in no smaller than twenty-five point font, however, if the vendor cannot print the headline in at least twenty-five point font then they have the option of using a typeface of not less then nine point font and the VVPAT machine must include magnification capability to read the font as if it were thirty point font.

(ii) The ballot language, explanation and arguments must be printed in no smaller than nine point type and the machine must include a magnification capability read the font as if it were thirty point.

(iii) The VVPAT must be printed using black ink, toner, or chemical agent on white paper.

(iv) The VVPAT must be printed using typeface/font of times new roman, arial, myriad, or its equivalent.

(v) The VVPAT must be printed using a paper weight of no less than fifteen pounds.

(c) Printed information

(i) Offices/issues: The image created by the VVPAT-W shall include every contest that is displayed to the voter on the DRE review screen including write-ins and undervotes.

(ii) Provisional ballot: The image created by the VVPAT-W shall be clearly identifiable in the case of a provisional ballot.

(iii) Spoiled ballot

(a) The image created by the VVPAT-W shall be clearly identifiable in the case of a spoiled paper record copy. The clearly identifiable spoiled paper record copy shall be shown in the paper record display unit to allow the voter to acknowledge the paper record copy has been spoiled. The VVPAT system shall be designed to prevent a paper record copy from being spoiled after the voter has verified that paper record copy and has cast his/her ballot.

(b) The voter shall have the opportunity to affirmatively spoil their paper record copy no more than two times. An error in recording or printing a paper record copy not caused by the voter shall not be counted as a spoiled paper record copy.

(c) Upon spoiling their paper record copy the voter shall be able to modify and verify selections on the DRE without having to reselect all of their choices.

(d) Before the voter causes a third and final paper record copy to be printed, the voter shall be presented with a warning notice that the selections made on screen will be final and the voter will see and verify a printout of their vote, but will not be given additional opportunities to change their vote.

(d) Language accessibility

(i) The VVPAT-W shall be capable of producing an image in all alternative languages for which the DRE is certified.

(ii) The paper record copy shall be printed in English and in the alternative language when used by a voter to cast their vote on the DRE.

(4) Paper record display unit

(a) Security: The paper record display unit shall allow the voter to inspect the paper record copy without physically handling the paper record copy and shall be physically secure from tampering.

(b) Readability: The paper record display unit shall provide adequate visual space to allow the voter to privately and independently inspect the paper record copy. A paper record copy shall be readable from the same position and posture used for voting on the DRE. The voter shall have the ability to view both the review screen on the DRE and the paper record copy in the display unit simultaneously. If the paper record copy cannot be viewed in its entirety in the paper record display unit at one time, then the voter shall have the opportunity to verify the entire paper record copy prior to either the electronic record or the paper record copy being stored and recorded.

(c) Covering: Any protective covering intended to be transparent shall be in such condition that it can be made transparent by ordinary cleaning of its exposed surface.

(d) Accessibility: The VVPAT components must conform to federal and state accessibility requirements.

This shall include, but is not limited to, an audio component.

The audio component must accurately relay the information printed on the paper record copy to the voter.

(5) Paper record storage unit

(a) Security: The paper record storage unit shall be designed to prevent tampering.

(b) Secrecy: The VVPAT system shall be designed and proper procedures put in place to ensure the printed ballot audit trail is stored in a manner to ensure secrecy of votes so that it is not possible to determine which voter cast which paper record copy.

(c) Capacity: The combined capacity of all the paper record storage units in a precinct must be enough to accommodate all voters using the DREs within the precinct.

(F) Procedure requirements

(1) Update: Testing and certification, pre-election, election and post-election procedures for each DRE voting system shall be updated to reflect the use of the VVPAT. These updates include, but are not limited to:

(a) Testing and certification

(i) Testing: The VVPAT system shall conform to federal and state testing requirements. Required testing shall include, but not be limited to, functionality, security, durability, longevity and accessibility testing.

(ii) Certification: The VVPAT system must be certified for use by the state of Ohio in conjunction with the rest of the voting system with which it is intended to be used.

(iii) Configuration: The VVPAT system shall not, at any time, contain or use undisclosed hardware or software. The only components that may be used in the system are components that have been tested and certified for use in the state of Ohio.

(b) Pre-election procedures: The VVPAT system components must be integrated into existing local logic and accuracy testing requirements.

(c) Election procedures

(i) Malfunctions

(a) The vendor shall provide written recommendations for how to investigate and resolve malfunctions including, but not limited to, misreporting votes, unreadable paper records, paper or ribbon jams, low-ink, low paper, misfeeds and power failures.

(b) The vendor shall include written recommendations for how to recover votes in the case of malfunction to assure a ballot is properly recorded and stored.

(ii) The vendor shall include written recommendations for if the voter does not complete the verification process for their paper record copy.

(iii) The system shall prevent any further attempt to cast a ballot until an election judge has reset the VVPAT/DRE after correcting a malfunction.

(d) Post election procedures

(i) Written procedures shall reflect the use of the paper record copies in the required full manual recount as defined under state requirements.

(ii) The vendor shall include written recommendations for how the secrecy of votes will be ensured.

(iii) The vendor shall include written recommendations for how a discrepancy between an electronic record and its corresponding paper record copy shall be identified, investigated and resolved.

The vendor shall include written recommendations for determining what constitutes clear evidence that a paper record copy is inaccurate, incomplete or unreadable.

(G) In order to provide the secretary information pertinent to the implementation of the voting machines and the security of the voting machines, the individual voting machine vendors must meet the following requirements:

(1) Vendors shall produce all documentation describing materials, equipment, programs, and procedures, including source codes, scripts, and data files, required to develop, install or operate any software, firmware or hardware used in the voting system.

(2) Vendor shall produce the following documents submitted to or resulting from the federal testing and qualification or re-qualification process regarding voting systems:

(a) The technical data package as defined in voting systems standards 2002 (VSS-2002), Volume II, Section 2, or the current voting systems standards.

(b) Vendor shall furnish secretary with all test reports in the vendor's possession, both published final and intermediate statue reports showing discovered deficiencies and resolution steps.

(3) Vendor shall produce the following documents relating to each hardware, software and firmware version for any component of the voting system: detailed change logs, hardware change records or logs, test records relating to the changed components, and documents describing the effects of the changes.

(4) Vendor shall execute and deliver to the secretary of state an authorization in a format reasonably acceptable to vendor and independent testing authorities, to enable the secretary of state to obtain information about the status of federal testing and qualifications of vendors voting systems proposed to be used in Ohio.

(5) Vendor shall notify, within two business days, the secretary of state of problems encountered in Ohio and other jurisdictions, whether upon completion of testing or in an actual election, which vendor concludes would reasonably create an impediment to obtaining certification.

(6) Vendor shall maintain in good working order, provided the following are subjected only to normal wear and tear and proper usage, one working version of vendor's voting system, a server containing election management system and peripherals proposed to be used in any Ohio election.

(7) Vendor shall provide the secretary a statement identifying the voting system supplied and affirming that each voting system is state certified at the time of vendor's statement.

(8) Vendors shall implement the following security measures:

Replace hard-coded supervisor passwords with dynamic passwords, and provide directions and training to enable election officials to change these passwords. There shall not be vendor-controlled security keys, and the encryption code shall be programmable by election officials.

(9) Vendor shall notify secretary of state and the counties, where the vendors system is in use, of any security patches or other software upgrades that vendor recommends to be installed on the server. Vendor shall notify the secretary of any security patches which vendor recommends not be used.

Last updated March 28, 2022 at 8:56 AM

History

  • Effective: March 28, 2022
  • Promulgated Under: 119.03

Chapter 111:3-10 Ballot Print Vendors

Ohio Adm.Code 111:3-10-01 Definitions.

For purposes of Chapter 111:3-10 of the Administrative Code:

(A) "Print vendor" means any company that manufactures, produces, prints, or directly mails ballots and other balloting materials pursuant to section 3505.13 of the Revised Code for use in an election conducted pursuant to Title XXXV of the Revised Code.

(B) "Ballot" has the same meaning as in section 3506.01 of the Revised Code, including absent voter's ballots or uniformed services or overseas absent voter's ballots.

(C) "Board" or "board of elections" means the board of elections appointed in a county pursuant to section 3501.06 of the Revised Code that is contracting with a print vendor.

(D) "Manufacture" means any process used to print ballots for use in an election.

(E) "Attestation form" means a legal document prescribed by the secretary of state that confirms the compliance of a print vendor with applicable Ohio ballot printing laws or rules, including this chapter. The form shall include:

(1) Identifying information of a print vendor;

(2) Contact information, including an emergency contact, for individuals with the managerial responsibility for ballot printing contracts;

(3) The name of the contracting county board of elections;

(4) Documentation detailing how the print vendor intends to comply with the requirements in this chapter;

(5) Information on the equipment and supplies used by the print vendor;

(6) Any other information that the secretary of state determines necessary.

(F) "Equipment and supplies" mean any machinery, paper, ink, and other chemicals used by a print vendor to manufacture and print ballots.

(G) "Ballot style" means the specifications for ballots in section 3505.08 of the Revised Code and the contract between a print vendor and board of elections.

(H) "Mailing materials" includes envelopes, instructions, inserts, stamps, ballots, and postage class used for the purpose of absentee voting.

(I) "Security supplement" means the terms and conditions that boards are required to include in service contracts for the purpose of ensuring cyber- and physical security. Those terms and conditions are prescribed by directives of the secretary of state.

Last updated November 22, 2023 at 6:19 PM

History

  • Effective: November 20, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-10-02 Ballot Printer Approval Required.

No board of elections shall enter into any agreement with a print vendor for the manufacture or distribution of ballots prior to the vendor completing an attestation form that is approved by the secretary of state. A board may enter into an agreement with any print vendor that completed an attestation form approved by the secretary of state. The secretary of state shall maintain a list of approved print vendors on the secretary of state's website.

In selecting a print vendor, a board of elections shall consider any print vendor's action that indicates an appearance of impropriety or overt political bias.

Last updated November 22, 2023 at 6:19 PM

History

  • Effective: November 20, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-10-03 Print Vendor Quality Control.

(A) Any print vendor that enters into an agreement with a board shall have quality controls that prevent any intentional or unintentional changes to the ballot style of printed ballots. The print vendor is solely responsible for implementing and maintaining quality control practices to ensure ballots conform to proper ballot style.

(B) The print vendor shall provide written assurance that the print vendor will follow all ballot style specifications outlined in section 3505.08 of the Revised Code and any contractual agreement with the board.

(C) The print vendor shall provide the board with emergency contact information of individuals with managerial responsibility for execution of the contract.

Last updated November 22, 2023 at 6:19 PM

History

  • Effective: November 20, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-10-04 Print Vendor Equipment.

(A) Print vendors shall utilize current industry standard equipment that is reliable and properly maintained to ensure accuracy and proper performance. This requirement includes industry standards for computer systems, ballot printers, sorting equipment, and inserters.

(B) The vendor shall have sufficient redundancies in place to provide for the timely production of ballots and other printed materials necessary for each election.

Last updated November 22, 2023 at 6:20 PM

History

  • Effective: November 20, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-10-05 Subcontracting.

If a print vendor subcontracts any part of a board order for mailing materials to be used in an election, the following requirements apply:

(A) The print vendor shall notify the board and secretary of state in writing of the subcontract, include the name, and contact information for the subcontractor, and state which parts of the order the subcontractor will complete.

(B) The subcontractor shall be governed under these rules in the same manner as the print vendor.

Last updated November 22, 2023 at 6:20 PM

History

  • Effective: November 20, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-10-06 Ballot Samples.

(A) Prior to printing any ballot to be used in an election conducted pursuant to Title XXXV of the Revised Code, the print vendor shall provide the board with samples of all mailing materials, including ballots, envelopes, and any inserted instructions. The board shall confirm that the samples conform with the following:

(1) The ballots properly tabulate on all voting equipment that the board operates;

(2) The ballots are generated in the same manner as ballots to be used in an election;

(3) The ballot style is accurate;

(4) The ballots and other mailing material are compatible with the board's mail sorting or processing system;

(5) All mailing materials utilized comply with requirements prescribed by the Revised Code, this chapter, and directives of the secretary of state.

(B) No further printing may occur without the confirmation and approval of the board described in paragraph (A) of this rule.

(C) The secretary of state may provide additional instructions and requirements for boards by directive regarding the review of mailing material samples.

Last updated November 22, 2023 at 6:20 PM

History

  • Effective: November 20, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-10-07 Mailing of Absent Voter's Ballots.

(A) The print vendor shall ensure the accuracy and prompt delivery of all mailing materials to the United States postal service or board of elections.

(B) The print vendor shall provide the board of elections with information on all types of permits required for the mailing of absent voter's ballots.

(C) Print vendors shall provide to the board information related to the tracking of absent voter's ballots.

(D) The secretary of state may prescribe additional requirements for mailing and tracking of absent voter's ballots by directive.

Last updated November 22, 2023 at 6:20 PM

History

  • Effective: November 20, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-10-08 Inventory.

(A) Print vendors shall maintain a detailed inventory record containing the following information:

(1) Ballot quantity produced;

(2) Ballot quantity shipped;

(3) Name of the board for which ballots are printed;

(4) Ballot types and their individual quantities;

(5) Quantity in the board purchase order;

(6) Quantity destroyed;

(7) Quantity of misprinted or inaccurate ballots;

(8) Quantity of sample ballots.

(B) This inventory record shall be retained for at least eighty-one days after the election for which the ballots were prepared. The print vendor shall provide the inventory record to the contracting board or the secretary of state upon request.

Last updated November 22, 2023 at 6:21 PM

History

  • Effective: November 20, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-10-09 Cybersecurity.

(A) Print vendors shall comply with all requirements found in the current secretary of state's security supplement to ballot printing contracts.

(B) Print vendor shall establish and enforce internal policies and procedures to secure computer and network systems involved in the storage, use, and transmission of board of elections data to prevent unauthorized access, manipulation, use, or destruction of such data. The print vendor shall provide its policies and procedures to the board of elections or the secretary of state immediately upon request. The secretary of state may require a print vendor to amend its internal policies and procedures described herein and may revoke any approvals granted under this chapter should the print vendor refuse to amend its policies and procedures.

(C) Print vendor shall transmit and store all data associated with the board of elections only through servers and other equipment located in the United States.

Last updated November 22, 2023 at 6:21 PM

History

  • Effective: November 20, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-10-10 Physical Security.

Print vendors shall maintain internal policies and procedures to secure all physical property used by the print vendor to house and store all mailing materials, equipment, and supplies used in the fulfillment of their contracts with boards of elections under this chapter. The policies and procedures shall include the following:

(A) Criminal background checks of employees;

(B) Video cameras with continuous recording capabilities placed both inside and outside of the building. Cameras shall cover any entrance and exit as well as any area in which ballot printing or manufacturing takes place. Any camera prohibited by 2 C.F.R. 200.216 shall not be used in the print vendor's facilities;

(C) Retention schedules for video recordings;

(D) A security system that monitors all doors, windows, and roof areas;

(E) Photo ID badges for all employees and contractors;

(F) Visitor policy;

(G) Specified restricted areas that are accessible only to employees;

(H) Any additional requirement found in the current secretary of state's security supplement to ballot printing contracts.

Last updated November 22, 2023 at 6:21 PM

History

  • Effective: November 20, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-10-11 Enforcement and Revocation of Approval.

(A) As a condition of the secretary of state's approval and to ensure compliance with the rules in this chapter, the print vendor shall agree to permit the secretary of state to conduct inspections, with or without prior notice, of each location where ballots and other mailing materials are created, stored, printed, mailed, or otherwise processed, and shall incorporate such permission into its contract with the board of elections. The secretary of state shall require corrective action as necessary to ensure compliance with the requirements of this chapter.

(B)

(1) The secretary of state may revoke its approval at any time upon determining that a print vendor is no longer capable of manufacturing or printing ballots.

(2) If a print vendor fails to comply with the requirements of this chapter, the secretary of state shall provide notice of non-compliance and an opportunity to remedy the issue within a reasonable amount of time specified by the secretary of state. The secretary of state may revoke its approval if the print vendor does not remedy the issue within that period.

(C) Any contract between a board of elections and a print vendor shall state the board's requirements for the provision of vendor services and products. The contract also shall outline penalties if the print vendor fails to fulfill the contractual requirements. Nothing in this section eliminates or alters any remedies available to a board of elections or the secretary of state, contractual or otherwise, related to any action or non-action in violation of the contract or requirements of this chapter.

Last updated November 22, 2023 at 6:21 PM

History

  • Effective: November 20, 2023
  • Promulgated Under: 119.03

Chapter 111:3-11 Voter Registration Database

Ohio Adm.Code 111:3-11-01 Definitions.

For purposes of Chapter 111:3-11 of the Administrative Code:

(A) "Voter registration Date" shall be determined the same way as defined in division (C)(9)(a) of section 3503.15 of the Revised Code.

(B) "Last Activity Date" means the last date on which voter-initiated activity occurred, which is documented by the boards of elections and the secretary of state. The determination of the last date of voter-initiated activity shall be the latest of the following:

(1) The date of the last election that a voter cast a ballot and that ballot was counted.

(2) The date that a voter submitted a valid absentee request pursuant to Chapter 3509. of the Revised Code.

The date described in paragraph (B)(2) of rule 111:3-11-1 shall be calculated as the date on which a valid application is received by the board of elections of the county in which the elector's voting residence is located.

(3) The date on which a voter successfully registered to vote pursuant to Chapter 3503. of the Revised Code.

(4) The date on which a voter successfully updated their registration pursuant to Chapter 3503. of the Revised Code.

The date described in paragraph (B)(4) of rule 111:3-11-1 shall be determined based on the voter's most recent updated application subject to division (C)(9)(a) of section 3503.15 of the Revised Code.

(5) The date on which a board of election rejected a voter's provisional ballot pursuant to Chapter 3505. of the Revised Code.

(6) The date of an interaction with the bureau of motor vehicles pursuant to the National Voter Registration Act of 1993.

(7) The date on which a petition filing signed by a voter whose signature was validated by a board of elections is filed, pursuant to Chapter 3501. of the Revised Code.

(8) The postmarked date of a voter's response to a confirmation notice sent by a board of elections.

(9) Any additional date as required through directive by the secretary of state.

(C) "Early in-person ballots" means absent voter's ballots cast in-person.

(D) "Election Day ballots" means ballots cast on the date of an election at a polling location.

(E) "Regular absent voter's ballots" means absent voter's ballots that are not early in-person ballots or "Uniformed and Overseas Citizens Absentee" ballots.

Last updated June 24, 2024 at 7:52 AM

History

  • Effective: June 22, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-11-02 Voter Registration Date- Exclusions.

(A) For the purposes of this chapter, any voter whose registration was cancelled pursuant to section 3503.21 of the Revised Code and who successfully reapplied for registration shall have a voter registration date as described in division (C)(9)(a) of section 3503.15 of the Revised Code.

(B) For the purposes of this chapter, the voter registration date of a voter who has updated their name or address pursuant to section 3503.16 of the Revised Code shall remain unchanged unless otherwise expressly stated in applicable statute or rule.

Last updated June 24, 2024 at 7:53 AM

History

  • Effective: June 22, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-11-03 Voting History.

(A) Boards of elections may only provide a voter's voter registration record with "voting history" if the voter cast a ballot that was counted.

(B) The statewide voter registration database shall include the elector's voting history, which must include all of the following for each election in which the elector cast a ballot that was counted:

(1) The date of the election;

(2) If the election was a primary election, the political party whose ballot the elector cast at the primary election or an indication that the elector voted only on the questions and issues appearing on the ballot at a special election held on the day of the primary election; and

(3) The type of ballot the elector cast.

(C) The board of elections and the secretary of state shall maintain a list of all ballots successfully cast that is categorized as follows:

(1) Absent voter's ballots

(a) "Uniformed and Overseas Citizens Absentee" (UOCAVA) ballots

(b) Regular absent voter's ballots

(2) Early in person ballots

(3) Election day ballots

(a) A ballot cast on the date of an election

(b) A "backup optical scan" ballot cast on the date of an election, if canvassed seperately

(4) Provisional ballots

(5) Any additional information required through directive by the secretary of state.

Last updated June 25, 2025 at 6:47 PM

History

  • Effective: June 22, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 111:3-11-04 Secretary of state may require additional information.

Pursuant to Chapters 3501. and 3503. of the Revised Code, the secretary of state may require additional information through directive to be retained and transferred by boards.

Last updated June 25, 2025 at 5:44 PM

History

  • Effective: June 22, 2024
  • Promulgated Under: 119.03

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