Chapter 111:3-10 | Ballot Print Vendors

Rule 111:3-10-01 | Definitions.

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

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

Supplemental Information

Authorized By: 3505.13(D)
Amplifies: 3505.13
Five Year Review Date: 11/20/2028

Rule 111:3-10-02 | Ballot Printer Approval Required.

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

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

Supplemental Information

Authorized By: 3505.13(D)
Amplifies: 3505.13
Five Year Review Date: 11/20/2028

Rule 111:3-10-03 | Print Vendor Quality Control.

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

(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

Supplemental Information

Authorized By: 3505.13(D)
Amplifies: 3505.13
Five Year Review Date: 11/20/2028

Rule 111:3-10-04 | Print Vendor Equipment.

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

(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

Supplemental Information

Authorized By: 3505.13(D)
Amplifies: 3505.13
Five Year Review Date: 11/20/2028

Rule 111:3-10-05 | Subcontracting.

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

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

Supplemental Information

Authorized By: 3505.13(D)
Amplifies: 3505.13
Five Year Review Date: 11/20/2028

Rule 111:3-10-06 | Ballot Samples.

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

(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

Supplemental Information

Authorized By: 3505.13(D)
Amplifies: 3505.13
Five Year Review Date: 11/20/2028

Rule 111:3-10-07 | Mailing of Absent Voter's Ballots.

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

(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

Supplemental Information

Authorized By: 3505.13(D)
Amplifies: 3505.13
Five Year Review Date: 11/20/2028

Rule 111:3-10-08 | Inventory.

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

(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

Supplemental Information

Authorized By: 3505.13(D)
Amplifies: 3505.13
Five Year Review Date: 11/20/2028

Rule 111:3-10-09 | Cybersecurity.

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

(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

Supplemental Information

Authorized By: 3505.13(D)
Amplifies: 3505.13
Five Year Review Date: 11/20/2028

Rule 111:3-10-10 | Physical Security.

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

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

Supplemental Information

Authorized By: 3505.13(D)
Amplifies: 3505.13
Five Year Review Date: 11/20/2028

Rule 111:3-10-11 | Enforcement and Revocation of Approval.

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

(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

Supplemental Information

Authorized By: 3505.13(D)
Amplifies: 3505.13
Five Year Review Date: 11/20/2028