Text of OH SB 71 (2024)

As Introduced 135th General Assembly Regular Session S. B. No. 71 2023-2024 Senator Gavarone A B I L L To amend sections 3503.13, 3503.15, and 3505.31 and to enact sections 111.11, 3503.151, 3503.152, and 3503.153 of the Revised Code to enact the Data Analysis Transparency Archive (DATA) Act to establish the Office of Data Analytics and Archives in the Office of the Secretary of State and to modify requirements for the Statewide Voter Registration Database and other election records. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 3503.13, 3503.15, and 3505.31 be amended and sections 111.11, 3503.151, 3503.152, and 3503.153 of the Revised Code be enacted to read as follows: Sec. 111.11. The office of data analytics and archives is created in the office of the secretary of state. Under the direction of the secretary of state, the office shall do both of the following: (A) Retain voter registration and other election related data, analyze those data for purposes of maintaining accurate election data, and publish those data; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 S. B. No. 71 Page 2 As Introduced (B) Retain, analyze, and publish business services data. Sec. 3503.13. (A)(A)(1) Except as otherwise provided in division (A)(2) of this section 111.44 of the Revised Code or by state or federal law, voter registration forms submitted by applicants and the statewide voter registration database established under section 3503.15 of the Revised Code shall be open to are public inspection at all times when the office of the board of elections is open for business, under such regulations as the board adopts, provided that no person shall be permitted to inspect voter registration forms except in the presence of an employee of the board records subject to disclosure under section 149.43 of the Revised Code. (2) None of the following are subject to disclosure under division (A)(1) of this section: (a) An elector's full or partial social security number, driver's license or state identification card number, telephone number, or electronic mail address; (b) A confidential voter registration record, as described in section 111.44 of the Revised Code; (c) The address of a designated public service worker, if the designated public service worker has submitted a redaction request to the board of elections under section 149.45 of the Revised Code; (d) Any other information that is prohibited from being disclosed by state or federal law. (B) A board of elections may use a legible digitized signature list of voter signatures, copied from the signatures on the registration forms in a form and manner prescribed by the secretary of state, provided that the board includes the 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 S. B. No. 71 Page 3 As Introduced required voter registration information in the statewide voter registration database established under section 3503.15 of the Revised Code, and provided that the precinct election officials have computer printouts at the polls prepared in the manner required under section 3503.23 of the Revised Code. Sec. 3503.15. (A)(1)(A) The secretary of state shall establish and maintain a statewide voter registration database that shall be administered by the office of data analytics and archives in the office of the secretary of state and made continuously available to each board of elections and to other agencies as authorized by law. (2)(a) State agencies, including, but not limited to, the department of health, the bureau of motor vehicles, the department of job and family services, the department of medicaid, and the department of rehabilitation and corrections, shall provide any information and data to the secretary of state that is collected in the course of normal business and that is necessary to register to vote, to update an elector's registration, or to maintain the statewide voter registration database established pursuant to this section, except where prohibited by federal law or regulation. The department of health, the bureau of motor vehicles, the department of job and family services, the department of medicaid, and the department of rehabilitation and corrections shall provide that information and data to the secretary of state not later than the last day of each month. The secretary of state shall ensure that any information or data provided to the secretary of state that is confidential in the possession of the entity providing the data remains confidential while in the possession of the secretary of state. No public office, and no public official or employee, shall sell that information or data or use that information or 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 S. B. No. 71 Page 4 As Introduced data for profit. (b) Information provided under this division for maintenance of the statewide voter registration database shall not be used to update the name or address of a registered elector. The name or address of a registered elector shall only be updated as a result of the elector's actions in filing a notice of change of name, change of address, or both. (c) A board of elections shall contact a registered elector pursuant to the rules adopted under division (D)(7) of this section to verify the accuracy of the information in the statewide voter registration database regarding that elector if that information does not conform with information provided under division (A)(2)(a) of this section and the discrepancy would affect the elector's eligibility to cast a regular ballot. (3)(a) The secretary of state shall enter into agreements to share information or data that is in the possession of the secretary of state with other states or groups of states, as the secretary of state considers necessary, in order to maintain the statewide voter registration database established pursuant to this section. Except as otherwise provided in division (A)(3)(b) of this section, the secretary of state shall ensure that any information or data provided to the secretary of state that is confidential in the possession of the state providing the data remains confidential while in the possession of the secretary of state. (b) The secretary of state may provide such otherwise confidential information or data to persons or organizations that are engaging in legitimate governmental purposes related to the maintenance of the statewide voter registration database. The secretary of state shall adopt rules pursuant to Chapter 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 S. B. No. 71 Page 5 As Introduced 119. of the Revised Code identifying the persons or organizations who may receive that information or data. The secretary of state shall not share that information or data with a person or organization not identified in those rules. The secretary of state shall ensure that a person or organization that receives confidential information or data under this division keeps the information or data confidential in the person's or organization's possession by, at a minimum, entering into a confidentiality agreement with the person or organization. Any confidentiality agreement entered into under this division shall include a requirement that the person or organization submit to the jurisdiction of this state in the event that the person or organization breaches the agreement. (4) No person or entity that receives information or data under division (A)(3) of this section shall sell the information or data or use the information or data for profit. (5) The secretary of state shall regularly transmit to the boards of elections, to the extent permitted by state and federal law, the information and data the secretary of state receives under divisions (A)(2) and (3) of this section that is necessary to do the following, in order to ensure that the accuracy of the statewide voter registration database is maintained on a regular basis in accordance with applicable state and federal law: (a) Require the boards of elections to maintain the database in a manner that ensures that the name of each registered elector appears in the database, that only individuals who are not registered or eligible to vote are removed from the database, and that duplicate registrations are eliminated from the database; 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 S. B. No. 71 Page 6 As Introduced (b) Require the boards of elections to make a reasonable effort to remove individuals who are not eligible to vote from the database; (c) Establish safeguards to ensure that eligible electors are not removed in error from the database. (B) The statewide voter registration database established under this section shall be the official list of registered voters electors for all elections conducted in this state. (C) (B) The statewide voter registration database established under this section shall, at a minimum, include all of the following: (1) An electronic network that connects all board of elections offices with the office of the secretary of state and with the offices of all other boards of elections; (2) A computer program that harmonizes the records contained in the database with records maintained by each board of elections; (3) An interactive computer program that allows access to the records contained in the database by each board of elections and by any persons authorized by the secretary of state to add, delete, modify, or print database records, and to conduct updates of the database; (4) A search program capable of verifying registered voters electors and their registration information by name, driver's license or state identification card number, birth date, social security number, or current address; (5) Safeguards and components to ensure that the integrity, security, and confidentiality of the voter 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 S. B. No. 71 Page 7 As Introduced registration information is maintained; (6) Methods to retain canceled voter registration records for not less than five years after they are canceled and to record the reason for their cancellation. (C) For each registered elector, the statewide voter registration database shall include all of the following information: (1) The elector's name; (2) The elector's birth date; (3) The elector's current residence address; (4) The elector's precinct number; (5) The elector's Ohio driver's license or state identification card number, if available; (6) The last four digits of the elector's social security number, if available; (7) The elector's telephone number, if available; (8) The elector's electronic mail address, if available; (9)(a) The elector's voter registration date, which shall be determined based on the elector's most recent application to register to vote in this state, subject to division (C)(9)(b) of this section, as follows: (i) In the case of an application delivered in person to a state or local office of a designated agency, the office of the registrar or any deputy registrar of motor vehicles, a public high school or vocational school, a public library, or the office of a county treasurer, the date stamped on the application upon receipt by the entity that transmits the 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 S. B. No. 71 Page 8 As Introduced application to the board of elections or the secretary of state; (ii) In the case of an application delivered in person to a board of elections or the secretary of state, the date stamped on the application upon receipt by the board of elections or the secretary of state, as applicable; (iii) In the case of an application delivered by mail to a board of elections or the secretary of state, the date the application is postmarked; (iv) In the case of an application submitted through the online voter registration system established under section 3503.20 of the Revised Code, the date of the online submission; (v) In the case of an application submitted to a board of elections by facsimile transmission or electronic mail under Chapter 3511. of the Revised Code, the date of the receipt of the transmission or electronic mail by the board of elections; (vi) In the case of a provisional ballot affirmation that serves as an application to register to vote in future elections because the individual who cast the ballot is not registered to vote, the date the board of elections determines that the provisional ballot is invalid under section 3505.183 of the Revised Code. (b) For purposes of determining an elector's voter registration date under division (C)(9)(a) of this section, all of the following apply: (i) An elector's voter registration date shall not be during the period beginning on the day after the close of voter registration before an election and ending on the day of the election. If the date determined under division (C)(9)(a) of this section would be during that period, the voter registration 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 S. B. No. 71 Page 9 As Introduced date instead shall be the date on which the board of elections processes the application to register to vote after the day of the election. (ii) A change of address or change of name form, including a provisional ballot affirmation that serves as a change of address or change of name form, is not considered an application to register to vote. (iii) An application to register to vote that is submitted by an individual who is already registered to vote in this state is not considered an application to register to vote. (10) The elector's voting history, including all of the following for each election in which the elector cast a ballot that was counted: (a) The date of the election; (b) 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; (c) The type of ballot the elector cast. (11) The elector's last activity date, which shall be determined in accordance with rules adopted by the secretary of state pursuant to Chapter 119. of the Revised Code. (12) Any other information the secretary of state requires to be included by rule adopted pursuant to Chapter 119. of the Revised Code. (D) Every day during the period beginning on the forty- sixth day before an election and ending on the eighty-first day 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 S. B. No. 71 Page 10 As Introduced after the day of the election, a board of elections shall create a daily record of its voter registration database as of four p.m. and shall transmit the daily record to the secretary of state in a secure manner prescribed by the secretary of state. The secretary of state shall archive the daily record and retain it for at least twenty-two months after the day of the election. (E) The secretary of state shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this section and sections 3503.151 to 3503.153 of the Revised Code, including rules doing all of the following: (1) Specifying the manner in which existing any voter registration records maintained by boards of elections in other data formats shall be converted to electronic files for inclusion in the statewide voter registration database; (2) Establishing a uniform method for entering voter registration records into the statewide voter registration database on an expedited basis, but not less than once per day, if new registration information is received, and for transmitting information securely to the secretary of state; (3) Establishing a uniform method for purging canceled voter registration records from the statewide voter registration database in accordance with section 3503.21 of the Revised Code; (4) Specifying the persons authorized to add, delete, modify, or print records contained in the statewide voter registration database and to make updates of that database; (5) Establishing a process for annually auditing the information contained in the statewide voter registration database; (6) Establishing, by mutual agreement with the bureau of 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 S. B. No. 71 Page 11 As Introduced motor vehicles, the content and format of the information and data the bureau of motor vehicles shall provide to the secretary of state under division (A)(2)(a) of this section and the frequency with which the bureau shall provide that information and data; (7) Establishing a uniform method for addressing instances in which records contained in the statewide voter registration database do not conform with records maintained by an agency, state, or group of states described in division (A)(2)(a) or (3) (a) of this section. That method shall prohibit an elector's voter registration from being canceled on the sole basis that the information in the registration record does not conform to records maintained by such an agency. (E) (F) A board of elections promptly shall purge a voter's name and voter registration information from the statewide voter registration database in accordance with the rules adopted by the secretary of state under division (D)(3) (E)(3) of this section after the cancellation of a voter's registration under section 3503.21 of the Revised Code. (F) (G) The secretary of state shall provide training in the operation of the statewide voter registration database to each board of elections and to any persons authorized by the secretary of state to add, delete, modify, or print database records, and to conduct updates of the database. (G)(1) The statewide voter registration database established under this section shall be made available on a web site of the office of the secretary of state as follows: (a) Except as otherwise provided in division (G)(1)(b) of this section, the following information from the statewide voter 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 S. B. No. 71 Page 12 As Introduced registration database regarding a registered voter shall be made available on the web site: (i) The voter's name; (ii) The voter's address; (iii) The voter's precinct number; (iv) The voter's voting history. (b) During the thirty days before the day of a primary or general election, the web site interface of the statewide voter registration database shall permit a voter to search for the polling location at which that voter may cast a ballot. (2) The secretary of state shall establish, by rule adopted under Chapter 119. of the Revised Code, a process for boards of elections to notify the secretary of state of changes in the locations of precinct polling places for the purpose of updating the information made available on the secretary of state's web site under division (G)(1)(b) of this section. Those rules shall require a board of elections, during the thirty days before the day of a primary or general election, to notify the secretary of state within one business day of any change to the location of a precinct polling place within the county. (3) During the thirty days before the day of a primary or general election, not later than one business day after receiving a notification from a county pursuant to division (G) (2) of this section that the location of a precinct polling place has changed, the secretary of state shall update that information on the secretary of state's web site for the purpose of division (G)(1)(b) of this section. (H) The secretary of state shall conduct an annual review 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 S. B. No. 71 Page 13 As Introduced of the statewide voter registration database as follows: (1) The secretary of state shall compare the information in the statewide voter registration database with the information the secretary of state obtains from the bureau of motor vehicles under division (A)(2) of this section to identify any person who does all of the following, in the following order: (a) Submits documentation to the bureau of motor vehicles that indicates that the person is not a United States citizen; (b) Registers to vote, submits a voter registration change of residence or change of name form, or votes in this state; (c) Submits documentation to the bureau of motor vehicles that indicates that the person is not a United States citizen. (2) The secretary of state shall send a written notice to each person identified under division (H)(1) of this section, instructing the person either to confirm that the person is a United States citizen or to submit a completed voter registration cancellation form to the secretary of state. The secretary of state shall include a blank voter registration cancellation form with the notice. If the person fails to respond to the secretary of state in the manner described in division (H)(3) or (4) of this section not later than thirty days after the notice was sent, the secretary of state promptly shall send the person a second notice and form. (3) If, not later than sixty days after the first notice was sent, a person who is sent a notice under division (H)(2) of this section responds to the secretary of state, confirming that the person is a United States citizen, the secretary of state shall take no action concerning the person's voter registration. 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 S. B. No. 71 Page 14 As Introduced (4) If, not later than sixty days after the first notice was sent, a person who receives a notice under division (H)(2) of this section sends a completed voter registration cancellation form to the secretary of state, the secretary of state shall instruct the board of elections of the county in which the person is registered to cancel the person's registration. (5) If a person who was sent a second notice under division (H)(2) of this section fails to respond to the secretary of state in the manner described in division (H)(3) or (4) of this section not later than thirty days after the second notice was sent, the secretary of state shall refer the matter to the attorney general for further investigation and possible prosecution under section 3599.11, 3599.12, 3599.13, or any other applicable section of the Revised Code. If, after the thirtieth day after the second notice was sent, the person sends a completed voter registration cancellation form to the secretary of state, the secretary of state shall instruct the board of elections of the county in which the person is registered to cancel the person's registration and shall notify the attorney general of the cancellation. (6) The secretary of state shall not conduct the review described in division (H) of this section during the ninety days immediately preceding a primary or general election for federal office. A board of elections and any vendor with which it contracts to provide voter registration software or related services shall ensure that the board's voter registration system and practices comply with the requirements of this section and any rules adopted under this section. Sec. 3503.151. (A) The secretary of state, through the 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 S. B. No. 71 Page 15 As Introduced office of data analytics and archives, and the boards of elections shall maintain the accuracy of the statewide voter registration database in accordance with this section. (B)(1) State agencies, including, but not limited to, the department of health, the bureau of motor vehicles, the department of job and family services, the department of medicaid, and the department of rehabilitation and corrections, shall provide any information and data to the secretary of state that is collected in the course of normal business and that is necessary to register to vote, to update an elector's registration, or to maintain the statewide voter registration database, except where prohibited by federal law or regulation. The department of health, the bureau of motor vehicles, the department of job and family services, the department of medicaid, and the department of rehabilitation and corrections shall provide that information and data to the secretary of state not later than the last day of each month. The secretary of state shall ensure that any information or data provided to the secretary of state that is confidential in the possession of the entity providing the data remains confidential while in the possession of the secretary of state. No public office, and no public official or employee, shall sell that information or data or use that information or data for profit. (2) The secretary of state shall adopt rules under Chapter 119. of the Revised Code that establish, by mutual agreement with the bureau of motor vehicles, the content and format of the information and data the bureau of motor vehicles shall provide to the secretary of state under division (B)(1) of this section and the frequency with which the bureau shall provide that information and data. 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 S. B. No. 71 Page 16 As Introduced (C)(1) The secretary of state shall enter into agreements to share information or data that is in the possession of the secretary of state with other states or groups of states, as the secretary of state considers necessary, in order to maintain the statewide voter registration database. Except as otherwise provided in division (C)(2) of this section, the secretary of state shall ensure that any information or data provided to the secretary of state that is confidential in the possession of the state providing the data remains confidential while in the possession of the secretary of state. (2) The secretary of state may provide such otherwise confidential information or data to persons or organizations that are engaging in legitimate governmental purposes related to the maintenance of the statewide voter registration database. The secretary of state shall adopt rules pursuant to Chapter 119. of the Revised Code identifying the persons or organizations who may receive that information or data. The secretary of state shall not share that information or data with a person or organization not identified in those rules. The secretary of state shall ensure that a person or organization that receives confidential information or data under this division keeps the information or data confidential in the person's or organization's possession by, at a minimum, entering into a confidentiality agreement with the person or organization. Any confidentiality agreement entered into under this division shall include a requirement that the person or organization submit to the jurisdiction of this state in the event that the person or organization breaches the agreement. (3) No person or entity that receives information or data under division (C) of this section shall sell the information or data or use the information or data for profit. 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 S. B. No. 71 Page 17 As Introduced (D) The secretary of state shall regularly transmit to the boards of elections, to the extent permitted by state and federal law, the information and data the secretary of state receives under divisions (B) and (C) of this section that is necessary to do the following, in order to ensure that the accuracy of the statewide voter registration database is maintained on a regular basis in accordance with applicable state and federal law: (1) Require the boards of elections to maintain the database in a manner that ensures that the name of each registered elector appears in the database, that only individuals who are not registered or eligible to vote are removed from the database, and that duplicate registrations are eliminated from the database; (2) Require the boards of elections to make a reasonable effort to remove individuals who are not eligible to vote from the database; (3) Establish safeguards to ensure that eligible electors are not removed in error from the database. (E)(1) The secretary of state shall adopt rules under Chapter 119. of the Revised Code to establish a uniform method for addressing instances in which records contained in the statewide voter registration database do not conform with records maintained by an agency, state, or group of states described in division (B) or (C) of this section. That method shall prohibit an elector's voter registration from being canceled on the sole basis that the information in the registration record does not conform to records maintained by such an agency. 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 S. B. No. 71 Page 18 As Introduced (2) Information provided under division (B) or (C) of this section for maintenance of the statewide voter registration database shall not be used to update the name or address of a registered elector. The name or address of a registered elector shall only be updated as a result of the elector's actions in filing a notice of change of name, change of address, or both. (3) A board of elections shall contact a registered elector pursuant to the rules adopted under division (E)(1) of this section to verify the accuracy of the information in the statewide voter registration database regarding that elector if that information does not conform with information provided under division (B) or (C) of this section and the discrepancy would affect the elector's eligibility to cast a regular ballot. Sec. 3503.152. The secretary of state shall conduct an annual review of the statewide voter registration database to identify persons who appear not to be United States citizens, as follows: (A) The secretary of state shall compare the information in the statewide voter registration database with the information the secretary of state obtains from the bureau of motor vehicles under section 3503.151 of the Revised Code to identify any person who does all of the following, in the following order: (1) Submits documentation to the bureau of motor vehicles that indicates that the person is not a United States citizen; (2) Registers to vote, submits a voter registration change of residence or change of name form, or votes in this state; (3) Submits documentation to the bureau of motor vehicles that indicates that the person is not a United States citizen. 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 S. B. No. 71 Page 19 As Introduced (B) The secretary of state shall send a written notice to each person identified under division (A) of this section, instructing the person either to confirm that the person is a United States citizen or to submit a completed voter registration cancellation form to the secretary of state. The secretary of state shall include a blank voter registration cancellation form with the notice. If the person fails to respond to the secretary of state in the manner described in division (C) or (D) of this section not later than thirty days after the notice is sent, the secretary of state promptly shall send the person a second notice and form. (C) If, not later than sixty days after the first notice is sent, a person who is sent a notice under division (B) of this section responds to the secretary of state, confirming that the person is a United States citizen, the secretary of state shall take no action concerning the person's voter registration. (D) If, not later than sixty days after the first notice was sent, a person who receives a notice under division (B) of this section sends a completed voter registration cancellation form to the secretary of state, the secretary of state shall instruct the board of elections of the county in which the person is registered to cancel the person's registration. (E) If a person who is sent a second notice under division (B) of this section fails to respond to the secretary of state in the manner described in division (C) or (D) of this section not later than thirty days after the second notice is sent, the secretary of state shall refer the matter to the attorney general for further investigation and possible prosecution under section 3599.11, 3599.12, 3599.13, or any other applicable section of the Revised Code. If, after the thirtieth day after 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 S. B. No. 71 Page 20 As Introduced the second notice is sent, the person sends a completed voter registration cancellation form to the secretary of state, the secretary of state shall instruct the board of elections of the county in which the person is registered to cancel the person's registration and shall notify the attorney general of the cancellation. (F) The secretary of state shall not conduct the review described in this section during the ninety days immediately preceding a primary or general election for federal office. Sec. 3503.153. (A) The statewide voter registration database shall be made available on a web site of the office of the secretary of state as follows: (1) Except as otherwise provided in division (A)(2) of this section, the following information from the statewide voter registration database regarding a registered elector shall be made available on the web site: (a) The elector's name; (b) The elector's birth date; (c) The elector's current residence address; (d) The elector's precinct number; (e) The elector's voter registration date, as described in division (C)(9) of section 3503.15 of the Revised Code; (f) The elector's voting history, as described in division (C)(10) of section 3503.15 of the Revised Code; (g) The elector's last activity date, as described in division (C)(11) of section 3503.15 of the Revised Code. (2) During the thirty days before the day of a primary or 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 S. B. No. 71 Page 21 As Introduced general election, the web site interface of the statewide voter registration database shall permit an elector to search for the polling location at which that elector may cast a ballot. (3) No information in the statewide voter registration database that is exempt from disclosure under division (A)(2) of section 3503.13 of the Revised Code shall be made available on the web site. (B)(1) The secretary of state shall establish, by rule adopted under Chapter 119. of the Revised Code, a process for boards of elections to notify the secretary of state of changes in the locations of precinct polling places for the purpose of updating the information made available on the secretary of state's web site under division (A)(2) of this section. Those rules shall require a board of elections, during the thirty days before the day of a primary or general election, to notify the secretary of state within one business day of any change to the location of a precinct polling place within the county. (2) During the thirty days before the day of a primary or general election, not later than one business day after receiving a notification from a county pursuant to division (B) (1) of this section that the location of a precinct polling place has changed, the secretary of state shall update that information on the secretary of state's web site for the purpose of division (A)(2) of this section. Sec. 3505.31. When the results of the voting in a polling place on the day of an election have been determined and entered upon the proper forms and the certifications of those results have been signed by the precinct officials, those officials, before leaving the polling place, shall place all ballots that they have counted in containers provided for that purpose by the 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 S. B. No. 71 Page 22 As Introduced board of elections, and shall seal each container in a manner that it cannot be opened without breaking the seal or the material of which the container is made. They shall also seal the pollbook, poll list or signature pollbook, and tally sheet in a manner that the data contained in these items cannot be seen without breaking the seals. On the outside of these items shall be a plain indication that they are to be filed with the board. The voting location manager and an employee or appointee of the board of elections who has taken an oath to uphold the laws and constitution of this state, including an oath that the person will promptly and securely perform the duties required under this section and who is a member of a different political party than the voting location manager, shall then deliver to the board the containers of ballots and the sealed pollbook, poll list, and tally sheet, together with all other election reports, materials, and supplies required to be delivered to the board. The board shall carefully preserve all ballots prepared and provided by it for use in an election, whether used or unused, including any electronic images of ballots, for sixty at least eighty-one days after the day of the election, except that, if an election includes the nomination or election of candidates for any of the offices of president, vice-president, presidential elector, member of the senate of the congress of the United States, or member of the house of representatives of the congress of the United States, the board shall carefully preserve all ballots prepared and provided by it for use in that election, whether used or unused, for twenty-two months after the day of the election. If an election is held within that sixty-day eighty-one-day period, the board shall have authority to transfer those ballots to other containers to preserve them 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 S. B. No. 71 Page 23 As Introduced until the sixty-day eighty-one-day period has expired. After that sixty-day eighty-one-day period, the ballots shall be disposed of by the board in a manner that the board orders, or where voting machines have been used the counters may be turned back to zero; provided that the secretary of state, within that sixty-day eighty-one-day period, may order the board to preserve the ballots or any part of the ballots for a longer period of time, in which event the board shall preserve those ballots for that longer period of time. In counties where voting machines are used, if an election is to be held within the sixty eighty-one days immediately following a primary, general, or special election or within any period of time within which the ballots have been ordered preserved by the secretary of state or a court of competent jurisdiction, the board, after giving notice to all interested parties and affording them an opportunity to have a representative present, shall open the compartments of the machines and, without unlocking the machines, shall recanvass the vote cast in them as if a recount were being held. The results shall be certified by the board, and this certification shall be filed in the board's office and retained for the remainder of the period for which ballots must be kept. After preparation of the certificate, the counters may be turned back to zero, and the machines may be used for the election. The board shall carefully preserve the pollbook, poll list or signature pollbook, and tally sheet delivered to it from each polling place until it has completed the official canvass of the election returns from all precincts in which electors were entitled to vote at an election, and has prepared and certified the abstracts of election returns, as required by law. The board shall not break, or permit anyone to break, the seals upon the 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 S. B. No. 71 Page 24 As Introduced pollbook, poll list or signature pollbook, and tally sheet, or make, or permit any one to make, any changes or notations in these items, while they are in its custody, except as provided by section 3505.32 of the Revised Code. Pollbooks and poll lists or signature pollbooks of a party primary election delivered to the board from polling places shall be carefully preserved by it for two years after the day of election in which they were used, and shall then be disposed of by the board in a manner that the board orders. Pollbooks, poll lists or signature pollbooks, tally sheets, summary statements, and other records and returns of an election delivered to it from polling places shall be carefully preserved by the board for two years after the day of the election in which they were used, and shall then be disposed of by the board in a manner that the board orders. Section 2. That existing sections 3503.13, 3503.15, and 3505.31 of the Revised Code are hereby repealed. Section 3. The General Assembly intends to appropriate funds to the Office of the Secretary of State to pay the costs incurred by the Secretary of State and the boards of elections in meeting the requirements of this act. Section 4. This act shall be known as the Data Analysis Transparency Archive (DATA) Act. 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687