Lead Sponsors: Representative Jeff LaRe and Representative D.J. Swearingen
Status: Introduced (April 15, 2025)
Description: The bill makes a number of changes to Ohio's election system, some of which will impact county boards of elections (BOEs). The changes are discussed by subject area.
Citizenship to Vote
Under existing state and federal law, only US citizens can vote in Ohio elections. The bill takes steps to ensure that voters are citizens before they can cast a ballot.
First, when an individual first registers to vote or when they update their registration, election officials (generally, any employee or member of a BOE, and certain Secretary of State staff members) must verify the individual is a US citizen by confirming at least one valid copy of a "documentary proof of citizenship." These include:
If the name on the proof of citizenship is different than the individual's current name, they must provide proof of change of name. This includes name changes due to marriage.
The bill requires the Secretary of State to monitor the BMV database and the federal Systematic Alien Verification for Entitlements database monthly or daily (if within 46 days of an election) to flag potential noncitizens on voter rolls. If a potential noncitizen is on the voter roll, the county board of election they are registered in must send a confirmation notice to the individual and require that individual to cast a provisional ballot until their citizenship status is confirmed.
If the individual does not respond to two notices within 28 days, the Secretary of State will cancel their registration and refer them to the Attorney General for further investigation.
Election officials may challenge in-person voters on if they are US citizens. If so challenged, the person must provide documentary proof of citizenship other than an Ohio drivers license or state ID.
Processing of Voter Registrations and Updates
The bill requires BOEs, upon processing a valid registration or update form, to mark the individual's registration to indicate the individual must vote provisionally, unless they have already been confirmed to be a US citizen.
If a BOE finds that an applicant is ineligible to vote, the board must reject the form and refer the matter to the county prosecutor for investigation.
Boards are also required to investigate if an acknowledgement notice that the elector is registered is returned as undeliverable and require that elector to vote provisionally.
When an elector moves from one county to another, election officials are required to transfer the elector's registration, voting history, and other information to the new county, rather than cancelling the old registration and creating a new one.
The bill also requires BOEs to send electors notice if the Secretary of State, in comparing information in the voter registration database against the BMV database and the US Social Security Administration's database, identifies any registrations that are missing or have an incorrect driver's license or state ID number or Social Security number.
BOEs are required to send the Secretary of State a "daily snapshot" of its voter registration records every business day. The Secretary of State must maintain these records permanently.
Provisional Voting
The bill generally increases the circumstances under which an individual may have to cast provisional ballots.
Additionally, if an individual casts both a provisional ballot and an in-person absentee ballot, the in-person absentee ballot is counted instead of the provisional ballot.
Absentee Voting
The bill eliminates the authority for BOEs to have drop boxes for the delivery of absentee ballots. Current law allows for one secure receptacle outside of the board's office, provided it is under constant video surveillance and other requirements.
If a person personally returns another person's ballot to the BOE, that person must complete a delivery attestation and generally broadens the list of people who may do so for voters who require assistance due to a disability (codifying a Secretary of State directive after a federal court ruled that Ohio's current law violates the Voting Rights Act).
The bill also updates the requirements concerning returning ballots by mail by requiring BOEs to provide a USPS Intelligent Mail barcode to absentee ballot return envelopes. The barcodes utilize newer technology to provide better origin tracing of mail.
CCAO Position: No position (as of April 2025), but the bill appears likely to impose significant administrative cost to county boards of elections with no increase in state funding for elections.