Chapter 111:3-5 | Withdrawal of Certification

Rule 111:3-5-01 | Scope of rules.

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

(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

Supplemental Information

Authorized By: 3501.05(U)
Amplifies: 3501.05(R), 3503.10
Five Year Review Date: 3/15/2027
Prior Effective Dates: 1/24/2014

Rule 111:3-5-02 | Submission of plan.

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

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

Supplemental Information

Authorized By: 3501.05(U)
Amplifies: 3501.05(R), 3503.10
Five Year Review Date: 3/15/2027
Prior Effective Dates: 5/27/1995, 1/24/2014

Rule 111:3-5-03 | Registration opportunities.

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

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

Supplemental Information

Authorized By: 3501.05(U)
Amplifies: 3501.05(R), 3503.10
Five Year Review Date: 3/15/2027
Prior Effective Dates: 1/24/2014, 1/25/2016

Rule 111:3-5-04 | Employees.

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

(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

Supplemental Information

Authorized By: 3501.05(U)
Amplifies: 3501.05(R), 3503.10
Five Year Review Date: 3/15/2027
Prior Effective Dates: 1/24/2014

Rule 111:3-5-05 | Transmittal of forms.

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

(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

Supplemental Information

Authorized By: 3501.05(U)
Amplifies: 3501.05(R), 3503.10
Five Year Review Date: 3/15/2027

Rule 111:3-5-06 | Registration and transmittal forms to be prescribed.

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

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

Supplemental Information

Authorized By: 3501.05(U)
Amplifies: 3501.11, 3503.10
Five Year Review Date: 3/15/2027
Prior Effective Dates: 12/22/1994 (Emer.), 1/25/2016

Rule 111:3-5-07 | Voter registration - bureau of motor vehicles.

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

(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

Supplemental Information

Authorized By: 3501.05(U)
Amplifies: 3503.11, 4501.023, 4503.03(J), 4506.07, 4507.06, 4507.51
Five Year Review Date: 3/15/2027
Prior Effective Dates: 12/22/1994 (Emer.)