Chapter 111 | Secretary of State

Section 111.01 | Election - term.

• Effective: January 9, 1961
• Latest Legislation: House Bill 1 - 104th General Assembly

The secretary of state shall be elected quadrennially, and shall hold his office for a term of four years. The term of office of the secretary of state shall commence on the second Monday of January next after his election.

Section 111.02 | Bond.

• Effective: September 29, 2013
• Latest Legislation: House Bill 59 - 130th General Assembly

Before entering upon the discharge of the duties of office, the secretary of state shall give a bond to the state in the sum of one hundred thousand dollars, with a surety authorized to do business in the state, conditioned for the faithful discharge of the duties of the office of secretary of state. The bond and the oath of office shall be deposited with and kept by the director of administrative services in the director's office.

Section 111.03 | Assistant secretary of state.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

The secretary of state may appoint an assistant secretary of state, whose appointment shall be made in writing under the seal of the secretary of state and entered on record in his office.

Section 111.04 | Duties of assistant secretary.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

In case of the absence or disability of the secretary of state, the assistant secretary of state shall have power to perform the duties of the secretary of state. The general duties of the assistant secretary shall be such as the secretary of state assigns him.

Section 111.05 | Bond of assistant secretary.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

Before entering upon the discharge of the duties of his office, the assistant secretary of state shall give bond to the secretary of state in such sum and with such sureties as the secretary of state requires, conditioned for the faithful discharge of the duties of his office. Such bond shall be deposited with the secretary of state and kept in his office.

Section 111.06 | Authenticating officer.

• Effective: July 9, 1976
• Latest Legislation: Senate Bill 273 - 111th General Assembly

The secretary of state may appoint authenticating officers and delegate to such officers power to sign for the secretary of state any document which, to have legal effect, requires the secretary of state's signature and which is of a class which the secretary of state has authorized for signature by his authenticating officers in a writing on file in his office. Authenticating officers shall sign in the following manner: "_______________, Authenticating Officer for the Secretary of State _____"

The secretary of state may also delegate to his authenticating officers power to use the secretary of state's facsimile signature for signing any document which, to have legal effect, requires the secretary of state's signature and is of a class with respect to which the secretary of state has authorized use of his facsimile signature by a writing filed in his office. As used in this section, "facsimile signature" includes, but is not limited to, the reproduction of any authorized signature by a copper plate, a rubber stamp, or by a photographic, photostatic, or mechanical device.

The secretary of state shall effect such appointment and delegation by placing on file in his office in a single document the names of all persons appointed as authenticating officers and each such officer's signature, a list of the classes of documents each such authenticating officer is authorized to sign for the secretary of state, a copy of the secretary of state's facsimile signature, and a list of the classes of documents which each authenticating officer may sign for the secretary of state by affixing the secretary of state's facsimile signature. The secretary of state may revoke such appointment or delegation of powers by placing on file in his office a new single document which expressly revokes the authenticating officers and the powers delegated to them. The secretary of state shall record and index documents filed by him pursuant to this section, and such documents shall be open for public inspection.

The authorized signature of an authenticating officer or an authorized facsimile signature of the secretary of state shall have the same legal effect and validity as the genuine manual signature of the secretary of state.

Section 111.07 | Secretary of state or authenticating officer shall countersign and register commissions.

• Effective: July 9, 1976
• Latest Legislation: Senate Bill 273 - 111th General Assembly

The secretary of state or the authenticating officer for the secretary of state shall countersign all commissions issued by the governor and, except as to those of notaries public, shall keep a register of commissions issued, specifying the name of each person commissioned, the office conferred, and the date and tenure of the commission. The secretary of state shall cause all commissions and official papers to be printed with an engraved impression of the coat of arms of the state.

Section 111.08 | Custody of laws and documents.

• Effective: September 29, 2015
• Latest Legislation: House Bill 141 - 131st General Assembly

The secretary of state shall have charge of and safely keep the laws and resolutions passed by the general assembly and such other papers and documents as are required to be deposited in the secretary of state's office. The Ohio history connection shall have charge of and safely keep the following original documents: Ohio Constitution of 1802; Ohio Constitution of 1851; proposed Ohio Constitution of 1875; design and the letters of patent and assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R. 53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883); S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28 (1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904); S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40 (1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933); petition form (2) (1933); S.J.R. 57 (1936); petition form (1936); H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6 (1947); petition form (1947); H.J.R. 24 (1947); H.J.R. 48 (1947).

Section 111.09 | Chief information officer.

• Effective: January 24, 2020
• Latest Legislation: Senate Bill 52 - 133rd General Assembly

The secretary of state shall appoint a chief information security officer to advise the secretary of state on matters of information security and to perform other duties as assigned by the secretary of state.

Section 111.10 | Publication of court terms.

• Effective: August 6, 1976
• Latest Legislation: House Bill 390 - 111th General Assembly

Each year the secretary of state shall prepare, print, and distribute a table showing the time for holding the terms of the courts of appeals, which table, corrected to show any changes made by the judges or the general assembly, shall be published in his annual report and in the volume of the statutes printed at the close of each second regular session of the general assembly.

Section 111.11 | Office of data analytics and archives.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

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;

(B) Retain, analyze, and publish business services data.

Last updated September 25, 2023 at 12:45 PM

Section 111.12 | Publication of roster and statistics.

• Effective: June 30, 2011
• Latest Legislation: House Bill 153 - 129th General Assembly

The secretary of state shall compile and publish biennially in a paper, book, or electronic format the election statistics of Ohio, the official roster of federal, state, and county officers, and the official roster of township and municipal officers.

Section 111.13 | Officers must answer questions.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

Each state, county, or other officer under the laws of this state shall answer fully, promptly, and without compensation such special and general questions for securing statistical information as the secretary of state may propose. If any officer refuses or neglects to furnish promptly full and accurate answers to any such questions, he shall forfeit not less than five nor more than fifty dollars, to be recovered by civil action in the name of the state. When directed by the secretary of state, the prosecuting attorney of the proper county shall institute and prosecute such action and pay the amount collected into the county treasury.

Section 111.14 | Statistics of all other officers returnable to secretary of state.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

All classes of statistics returnable to the auditor of state, attorney general, or other state officer, shall be transferred by such officer to the secretary of state, subject to the use of such officer so far as necessary in the discharge of his duties.

Section 111.15 | Adoption and filing of agency administrative code rules.

• Effective: September 30, 2024
• Latest Legislation: House Bill 33 - 135th General Assembly

(A) As used in this section:

(1) "Rule" includes any rule, regulation, bylaw, or standard having a general and uniform operation adopted by an agency under the authority of the laws governing the agency; any appendix to a rule; and any internal management rule. "Rule" does not include any guideline adopted pursuant to section 3301.0714 of the Revised Code, any order respecting the duties of employees, any finding, any determination of a question of law or fact in a matter presented to an agency, or any rule promulgated pursuant to Chapter 119. or division (C)(1) or (2) of section 5117.02 of the Revised Code. "Rule" includes any amendment or rescission of a rule.

(2) "Agency" means any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the general assembly, the controlling board, the adjutant general's department, or any court.

(3) "Internal management rule" means any rule, regulation, bylaw, or standard governing the day-to-day staff procedures and operations within an agency.

(B)(1) Any rule, other than a rule of an emergency nature, adopted by any agency pursuant to this section shall be effective on the tenth day after the day on which the rule in final form and in compliance with division (B)(3) of this section is filed as follows:

(a) The rule shall be filed in electronic form with both the secretary of state and the director of the legislative service commission;

(b) The rule shall be filed in electronic form with the joint committee on agency rule review. Division (B)(1)(b) of this section does not apply to any rule to which division (D) of this section does not apply.

An agency that adopts or amends a rule that is subject to division (D) of this section shall assign a review date to the rule that is not later than five years after its effective date. If a review date assigned to a rule exceeds the five-year maximum, the review date for the rule is five years after its effective date. A rule with a review date is subject to review under section 106.03 of the Revised Code. This paragraph does not apply to a rule of a state college or university, community college district, technical college district, or state community college.

If an agency in adopting a rule designates an effective date that is later than the effective date provided for by division (B)(1) of this section, the rule if filed as required by such division shall become effective on the later date designated by the agency.

Any rule that is required to be filed under division (B)(1) of this section is also subject to division (D) of this section if not exempted by that division.

If a rule incorporates a text or other material by reference, the agency shall comply with sections 121.71 to 121.75 of the Revised Code.

(2) A rule of an emergency nature necessary for the immediate preservation of the public peace, health, or safety shall state the reasons for the necessity. The emergency rule, in final form and in compliance with division (B)(3) of this section, shall be filed in electronic form with the secretary of state, the director of the legislative service commission, and the joint committee on agency rule review. The emergency rule is effective immediately upon completion of the latest filing, except that if the agency in adopting the emergency rule designates an effective date, or date and time of day, that is later than the effective date and time provided for by division (B)(2) of this section, the emergency rule if filed as required by such division shall become effective at the later date, or later date and time of day, designated by the agency.

Except as provided in section 107.43 of the Revised Code, an emergency rule becomes invalid at the end of the one hundred twentieth day it is in effect. Prior to that date, the agency may file the emergency rule as a nonemergency rule in compliance with division (B)(1) of this section. The agency may not refile the emergency rule in compliance with division (B)(2) of this section so that, upon the emergency rule becoming invalid under such division, the emergency rule will continue in effect without interruption for another one hundred twenty-day period.

The adoption of an emergency rule under division (B)(2) of this section in response to a state of emergency, as defined under section 107.42 of the Revised Code, may be invalidated by the general assembly, in whole or in part, by adopting a concurrent resolution in accordance with section 107.43 of the Revised Code.

(3) An agency shall file a rule under division (B)(1) or (2) of this section in compliance with the following standards and procedures:

(a) The rule shall be numbered in accordance with the numbering system devised by the director for the Ohio administrative code.

(b) The rule shall be prepared and submitted in compliance with the rules of the legislative service commission.

(c) The rule shall clearly state the date on which it is to be effective and the date on which it will expire, if known.

(d) Each rule that amends or rescinds another rule shall clearly refer to the rule that is amended or rescinded. Each amendment shall fully restate the rule as amended.

If the director of the legislative service commission or the director's designee gives an agency notice pursuant to section 103.05 of the Revised Code that a rule filed by the agency is not in compliance with the rules of the legislative service commission, the agency shall within thirty days after receipt of the notice conform the rule to the rules of the commission as directed in the notice.

(C) All rules filed pursuant to divisions (B)(1)(a) and (2) of this section shall be recorded by the secretary of state and the director under the title of the agency adopting the rule and shall be numbered according to the numbering system devised by the director. The secretary of state and the director shall preserve the rules in an accessible manner. Each such rule shall be a public record open to public inspection and may be transmitted to any law publishing company that wishes to reproduce it.

(D) At least sixty-five days before a board, commission, department, division, or bureau of the government of the state files a rule under division (B)(1) of this section, it shall file the full text of the proposed rule in electronic form with the joint committee on agency rule review, and the proposed rule is subject to legislative review and invalidation under section 106.021 of the Revised Code. If a state board, commission, department, division, or bureau makes a revision in a proposed rule after it is filed with the joint committee, the state board, commission, department, division, or bureau shall promptly file the full text of the proposed rule in its revised form in electronic form with the joint committee. A state board, commission, department, division, or bureau shall also file the rule summary and fiscal analysis prepared under section 106.024 of the Revised Code in electronic form along with a proposed rule, and along with a proposed rule in revised form, that is filed under this division. If a proposed rule has an adverse impact on businesses, the state board, commission, department, division, or bureau also shall file the business impact analysis, any recommendations received from the common sense initiative office, and the associated memorandum of response, if any, in electronic form along with the proposed rule, or the proposed rule in revised form, that is filed under this division.

A proposed rule that is subject to legislative review under this division may not be adopted and filed in final form under division (B)(1) of this section unless the proposed rule has been filed with the joint committee on agency rule review under this division and the time for the joint committee to review the proposed rule has expired without recommendation of a concurrent resolution to invalidate the proposed rule.

If a proposed rule that is subject to legislative review under this division implements a federal law or rule, the agency shall provide to the joint committee a citation to the federal law or rule the proposed rule implements and a statement as to whether the proposed rule implements the federal law or rule in a manner that is more or less stringent or burdensome than the federal law or rule requires.

As used in this division, "commission" includes the public utilities commission when adopting rules under a federal or state statute.

This division does not apply to any of the following:

(1) A proposed rule of an emergency nature;

(2) A rule proposed under section 1121.05, 1121.06, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.345, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised Code;

(3) A rule proposed by an agency other than a board, commission, department, division, or bureau of the government of the state;

(4) A proposed internal management rule of a board, commission, department, division, or bureau of the government of the state;

(5) Any proposed rule that must be adopted verbatim by an agency pursuant to federal law or rule, to become effective within sixty days of adoption, in order to continue the operation of a federally reimbursed program in this state, so long as the proposed rule contains both of the following:

(a) A statement that it is proposed for the purpose of complying with a federal law or rule;

(b) A citation to the federal law or rule that requires verbatim compliance.

(6) An initial rule proposed by the director of health to impose quality standards on a health care facility as defined in section 3702.30 of the Revised Code;

(7) A rule of the state lottery commission pertaining to instant game rules.

If a rule is exempt from legislative review under division (D)(5) of this section, and if the federal law or rule pursuant to which the rule was adopted expires, is repealed or rescinded, or otherwise terminates, the rule is thereafter subject to legislative review under division (D) of this section.

Whenever a state board, commission, department, division, or bureau files a proposed rule or a proposed rule in revised form under division (D) of this section, it shall also file the full text of the same proposed rule or proposed rule in revised form in electronic form with the secretary of state and the director of the legislative service commission. A state board, commission, department, division, or bureau shall file the rule summary and fiscal analysis prepared under section 106.024 of the Revised Code in electronic form along with a proposed rule or proposed rule in revised form that is filed with the secretary of state or the director of the legislative service commission.

Last updated September 30, 2024 at 4:13 AM

Section 111.16 | Fees to be charged and collected by secretary of state.

• Effective: April 7, 2023
• Latest Legislation: House Bill 458 - 134th General Assembly

Except as provided in section 1701.041 of the Revised Code, the secretary of state shall charge and collect, for the benefit of the state, the following fees:

(A) For filing and recording articles of incorporation of a domestic corporation, including designation of agent:

(1) Wherein the corporation shall not be authorized to issue any shares of capital stock, ninety-nine dollars;

(2) Wherein the corporation shall be authorized to issue shares of capital stock, with or without par value:

(a) Ten cents for each share authorized up to and including one thousand shares;

(b) Five cents for each share authorized in excess of one thousand shares up to and including ten thousand shares;

(c) Two cents for each share authorized in excess of ten thousand shares up to and including fifty thousand shares;

(d) One cent for each share authorized in excess of fifty thousand shares up to and including one hundred thousand shares;

(e) One-half cent for each share authorized in excess of one hundred thousand shares up to and including five hundred thousand shares;

(f) One-quarter cent for each share authorized in excess of five hundred thousand shares; provided no fee shall be less than ninety-nine dollars or greater than one hundred thousand dollars.

(B) For filing and recording a certificate of amendment to or amended articles of incorporation of a domestic corporation, or for filing and recording a certificate of reorganization, a certificate of dissolution, or an amendment to a foreign license application:

(1) If the domestic corporation is not authorized to issue any shares of capital stock, fifty dollars;

(2) If the domestic corporation is authorized to issue shares of capital stock, fifty dollars, and in case of any increase in the number of shares authorized to be issued, a further sum computed in accordance with the schedule set forth in division (A)(2) of this section less a credit computed in the same manner for the number of shares previously authorized to be issued by the corporation; provided no fee under division (B)(2) of this section shall be greater than one hundred thousand dollars;

(3) If the foreign corporation is not authorized to issue any shares of capital stock, fifty dollars;

(4) If the foreign corporation is authorized to issue shares of capital stock, fifty dollars.

(C) For filing and recording articles of incorporation of a savings and loan association, ninety-nine dollars; and for filing and recording a certificate of amendment to or amended articles of incorporation of a savings and loan association, fifty dollars;

(D) For filing and recording a certificate of conversion, including a designation of agent, a certificate of merger, or a certificate of consolidation, ninety-nine dollars and, in the case of any new corporation resulting from a consolidation or any surviving corporation that has an increased number of shares authorized to be issued resulting from a merger, an additional sum computed in accordance with the schedule set forth in division (A)(2) of this section less a credit computed in the same manner for the number of shares previously authorized to be issued or represented in this state by each of the corporations for which a consolidation or merger is effected by the certificate;

(E) For filing and recording articles of incorporation of a credit union or the American credit union guaranty association, ninety-nine dollars, and for filing and recording a certificate of increase in capital stock or any other amendment of the articles of incorporation of a credit union or the association, fifty dollars;

(F) For filing and recording articles of organization of a limited liability company, for filing and recording an application to become a registered foreign limited liability company, for filing and recording a registration application to become a domestic limited liability partnership, or for filing and recording an application to become a registered foreign limited liability partnership, ninety-nine dollars;

(G) For filing and recording a certificate of limited partnership or an application for registration as a foreign limited partnership, or for filing an initial statement of partnership authority pursuant to section 1776.33 of the Revised Code, ninety-nine dollars;

(H) For filing a copy of papers evidencing the incorporation of a municipal corporation or of annexation of territory by a municipal corporation, five dollars, to be paid by the municipal corporation, the petitioners therefor, or their agent;

(I) For filing and recording any of the following:

(1) A license to transact business in this state by a foreign corporation for profit pursuant to section 1703.04 of the Revised Code or a foreign nonprofit corporation pursuant to section 1703.27 of the Revised Code, ninety-nine dollars;

(2) A biennial report or biennial statement pursuant to section 1775.63, 1776.83, or 1785.06 of the Revised Code, twenty-five dollars;

(3) Except as otherwise provided in this section or any other section of the Revised Code, any other certificate or paper that is required to be filed and recorded or is permitted to be filed and recorded by any provision of the Revised Code with the secretary of state, twenty-five dollars.

(J) For filing any certificate or paper not required to be recorded, five dollars;

(K)(1) For making copies of any certificate or other paper filed in the office of the secretary of state, a fee not to exceed one dollar per page, except as otherwise provided in the Revised Code, and for creating and affixing the seal of the office of the secretary of state to any good standing or other certificate, five dollars. For copies of certificates or papers required by state officers for official purpose, no charge shall be made.

(2) For creating and affixing the seal of the office of the secretary of state to the certificates described in division (E) of section 1701.81, division (E) of section 1701.811, division (E) of section 1705.38, division (E) of section 1705.381, division (D) of section 1702.43, division (E) of section 1775.47, division (E) of section 1775.55, division (E) of section 1776.70, division (E) of section 1776.74, division (E) of section 1782.433, or division (E) of section 1782.4310 of the Revised Code, twenty-five dollars.

(L) For a minister's license to solemnize marriages, ten dollars;

(M) For examining documents to be filed at a later date for the purpose of advising as to the acceptability of the proposed filing, fifty dollars;

(N) Fifty dollars for filing and recording any of the following:

(1) A certificate of dissolution and accompanying documents, or a certificate of cancellation, under section 1701.86, 1702.47, 1705.43, 1706.471, 1776.65, or 1782.10 of the Revised Code;

(2) A notice of dissolution of a foreign licensed corporation or a certificate of surrender of license by a foreign licensed corporation under section 1703.17 of the Revised Code;

(3) The withdrawal of registration of a foreign or domestic limited liability partnership under section 1775.61, 1775.64, 1776.81, or 1776.86 of the Revised Code, or the certificate of cancellation of registration of a foreign limited liability company under section 1705.57 or 1706.514 of the Revised Code;

(4) The filing of a statement of denial under section 1776.34 of the Revised Code, a statement of dissociation under section 1776.57 of the Revised Code, a statement of disclaimer of general partner status under Chapter 1782. of the Revised Code, or a cancellation of disclaimer of general partner status under Chapter 1782. of the Revised Code.

(O) For filing a statement of continued existence by a nonprofit corporation, twenty-five dollars;

(P) For filing a restatement under section 1705.08, 1706.161, or 1782.09 of the Revised Code, an amendment to a certificate of cancellation under section 1782.10 of the Revised Code, an amendment under section 1705.08, 1706.161, or 1782.09 of the Revised Code, or a correction under section 1705.55, 1706.173, 1706.511, 1706.513, 1775.61, 1775.64, 1776.12, or 1782.52 of the Revised Code, fifty dollars;

(Q) For filing for reinstatement of an entity cancelled by operation of law, by the secretary of state, by order of the department of taxation, or by order of a court, twenty-five dollars;

(R) For filing and recording any of the following:

(1) A change of agent, resignation of agent, or change of agent's address under section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55, 1706.09, 1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, twenty-five dollars;

(2) A multiple change of agent name or address, standardization of agent address, or resignation of agent under section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55, 1706.09, 1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, one hundred twenty-five dollars, plus three dollars per entity record being changed, by the multiple agent update.

(S) For filing and recording any of the following:

(1) An application for the exclusive right to use a name or an application to reserve a name for future use under section 1701.05, 1702.05, 1703.31, 1705.05, 1706.07, or 1746.06 of the Revised Code, thirty-nine dollars;

(2) A trade name or fictitious name registration or report, thirty-nine dollars;

(3) An application to renew any item covered by division (S)(1) or (2) of this section that is permitted to be renewed, twenty-five dollars;

(4) An assignment of rights for use of a name covered by division (S)(1), (2), or (3) of this section, the cancellation of a name registration or name reservation that is so covered, or notice of a change of address of the registrant of a name that is so covered, twenty-five dollars.

(T) For filing and recording a report to operate a business trust or a real estate investment trust, either foreign or domestic, ninety-nine dollars; and for filing and recording an amendment to a report or associated trust instrument, or a surrender of authority, to operate a business trust or real estate investment trust, fifty dollars;

(U)(1) For filing and recording the registration of a trademark, service mark, or mark of ownership, one hundred twenty-five dollars;

(2) For filing and recording the change of address of a registrant, the assignment of rights to a registration, a renewal of a registration, or the cancellation of a registration associated with a trademark, service mark, or mark of ownership, twenty-five dollars.

(V) For filing a service of process with the secretary of state, five dollars per address to be served, except as otherwise provided in any section of the Revised Code.

Fees specified in this section may be paid by cash, check, or money order, by credit card in accordance with section 113.40 of the Revised Code, or by an alternative payment program in accordance with division (B) of section 111.18 of the Revised Code. Any credit card number or the expiration date of any credit card is not subject to disclosure under Chapter 149. of the Revised Code.

Last updated January 24, 2023 at 3:52 PM

Section 111.17 | Fees to be paid before filing or recording.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

The secretary of state shall not file or record articles of incorporation or consolidation, certificates, or other papers referred to in section 111.16 of the Revised Code unless the fee has been paid.

Section 111.18 | Record and deposit of fees - alternative payment programs.

• Effective: June 30, 2011
• Latest Legislation: House Bill 153 - 129th General Assembly

(A) The secretary of state shall keep a record of all fees collected by the secretary of state and, except as otherwise provided in the Revised Code, shall pay them into the state treasury to the credit of the corporate and uniform commercial code filing fund created by section 1309.528 of the Revised Code.

(B) The secretary of state may implement alternative payment programs that permit payment of any fee charged by the secretary of state by means other than cash, check, money order, or credit card; an alternative payment program may include, but is not limited to, one that permits a fee to be paid by electronic means of transmission. Fees paid under an alternative payment program shall be deposited to the credit of the secretary of state alternative payment program fund, which is hereby created in the state treasury. Any investment income of the secretary of state alternative payment program fund shall be credited to that fund and used to operate the alternative payment program. Within two working days following the deposit of funds to the credit of the secretary of state alternative payment program fund, the secretary of state shall pay those funds to the credit of the corporate and uniform commercial code filing fund, subject to division (B) of section 1309.401 of the Revised Code and except as otherwise provided in the Revised Code.

The secretary of state shall adopt rules necessary to carry out the purposes of this division.

Section 111.19 | Recovery of fees paid under protest.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

Fees paid under protest to the secretary of state and deposited by him in the state treasury are recoverable only by a suit against the state and not against the secretary of state. For such purpose permission is hereby given by this section to maintain actions against the state in the cases and to the extent that such actions might be maintained against the secretary of state, if the fees were held by him. Service of process shall be made on the attorney general, who shall represent the state.

Last updated September 3, 2021 at 10:45 AM

Section 111.20 | Certificate of compliance with laws prima-facie evidence of incorporation.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

The certificate of compliance with the laws of this state issued to a corporation not organized under the laws of this state, or a copy of such certificate certified by the state officer issuing same, or his successor in office, shall be prima-facie evidence of the due incorporation and existence of the corporation. All officers authorized to issue certificates of compliance to corporations not organized under the laws of this state shall keep a record of such certificates issued by them.

Section 111.201 | Duplication and destruction of documents.

• Effective: July 29, 1998
• Latest Legislation: House Bill 579 - 122nd General Assembly

The secretary of state may make copies of all documents filed with the secretary of state's office pursuant to any section of the Revised Code, by microfilm or any other authorized photostatic or digitized process, and destroy the original documents after they are copied.

Section 111.202 | Facsimile signature.

• Effective: October 4, 1996
• Latest Legislation: House Bill 495 - 121st General Assembly

Any document filed with the secretary of state that, by statute or by rule or determination of the secretary of state, is required to include a signature of a person may contain, in lieu of the person's original signature, a copy of the person's original signature transmitted by facsimile machine to the secretary of state, or be a photocopy or similar reproduction of the person's original signature.

Section 111.21 | Secretary of state - duties as to political subdivision.

• Effective: December 20, 2005
• Latest Legislation: Senate Bill 107 - 126th General Assembly

The secretary of state shall:

(A) Make and keep a record of all elections and the votes cast at elections in municipal corporations, townships, and counties upon all questions of electing charter commissions, of adopting charters or amendments to charters, of adopting additional laws or alternative forms of government, of transferring powers to counties, and of withdrawing or revoking those powers;

(B) File and preserve all reports, certificates, and copies of agreements transferring powers, whether approved by popular vote or otherwise, and of charters, as permanent public records of the state;

(C) Establish regulations prescribing the forms, times, certifications, details, and other particulars or conditions governing the fiscal officers of townships and the clerks of municipal corporations, boards of elections, and boards of county commissioners in reporting and certifying the papers and information necessary for the records and files of the secretary of state. The regulations shall require the furnishing of one or more duplicates of the text of all charters and amendments, and of all transfer agreements, one of each of which it shall be the duty of the secretary of state to verify and deposit in the library of the supreme court.

Section 111.22 | Copies of resolutions and ordinances to be certified to secretary of state.

• Effective: December 20, 2005
• Latest Legislation: Senate Bill 107 - 126th General Assembly

The fiscal officer of every township and the clerk of every municipal corporation, board of elections, and board of county commissioners shall:

(A) Furnish and certify to the secretary of state all copies of resolutions, ordinances, other instruments, portions of public records, and other information as the secretary of state requires; and

(B) Furnish and certify duplicate copies of so much of each item as the secretary of state prescribes to the clerk of the court of common pleas and the law library of the county affected.

Section 111.23 | Expedited filing - bulk filing - alternative filing procedures.

• Effective: June 6, 2001
• Latest Legislation: House Bill 94 - 124th General Assembly

(A) The secretary of state, by rule, shall establish, and prescribe guidelines and fees for the use of, an expedited filing service that provides, at the option of the person making a filing, expeditious processing of any filing with the secretary of state under Chapter 1309. or 1329. or Title XVII of the Revised Code.

(B) The secretary of state may adopt rules establishing, and prescribing guidelines and fees for the use of, a bulk filing service that provides, at the option of the person making a filing, a method for providing large amounts of information. The secretary of state may charge and collect fees for filings made through a bulk filing service at reduced amounts from those otherwise specified in or authorized by the Revised Code.

(C) The secretary of state may adopt rules establishing, and prescribing guidelines and fees for the use of, alternative filing procedures in making filings with the secretary of state. Under these rules, the secretary of state may accept any filing and payment of associated fees through any electronic, digital, facsimile, or other means of transmission. The filings shall be made on a form prescribed by the secretary of state and shall comply fully with any other requirements of the Revised Code applicable to the type of filing being made.

Section 111.24 | Refusal of documents for filing or recording.

• Effective: November 6, 1996
• Latest Legislation: House Bill 644 - 121st General Assembly

(A) Notwithstanding any other provision of the Revised Code, if a person presents a document to the secretary of state for filing or recording, the secretary of state may refuse to accept the document for filing or recording if the document is not required or authorized to be filed or recorded with the secretary of state or the secretary of state has reasonable cause to believe the document is materially false or fraudulent. This division does not create a duty upon the secretary of state to inspect, evaluate, or investigate a document that is presented for filing or recording.

(B) If the secretary of state, pursuant to division (A) of this section, refuses to accept a document for filing or recording, the person who presented the document to the secretary of state may commence an action in or apply for an order from the court of claims to require the secretary of state to accept the document for filing or recording. If the court determines that the document is appropriate for filing or recording, it shall order the secretary of state to accept the document for that purpose.

(C) If the secretary of state, acting under this section in a manner that does not subject the secretary of state to personal liability under section 9.86 of the Revised Code, improperly refuses to accept a document for filing or recording, the secretary of state shall not be personally liable on account of the improper refusal and the sureties that issued the bond shall not have a right of subrogation against the secretary of state on account of a claim made on the secretary of state's bond as a result of the improper refusal.

Section 111.241 | Documents with social security numbers.

• Effective: September 1, 2008
• Latest Legislation: House Bill 46 - 127th General Assembly

(A) The secretary of state shall not accept a document for filing or recording if the document includes any individual's social security number or federal tax identification number. If a document presented for filing or recording includes any individual's social security number or federal tax identification number and the secretary of state refuses to accept that document for filing or recording, the secretary of state or the person who attempted to file or record the document with the secretary of state may immediately redact the individual's social security number or federal tax identification number from the document.

(B) Division (A) of this section does not apply to either of the following:

(1) Any document that originates with any court or taxing authority;

(2) Any publicly recorded document that is required by federal or state law to include an individual's social security number or federal tax identification number.

(C) This section does not apply to documents that were executed by an individual prior to the effective date of this section.

Section 111.242 | Commercial solicitations of public records.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 98 - 135th General Assembly

(A) As used in this section, "solicit" or "solicitations" means to directly advertise to a person. "Solicit" and "solicitations" do not include either of the following:

(1) Communication initiated by a consumer;

(2) Advertising or marketing to a person with whom the solicitor has a current or former commercial relationship.

(B) Any person other than the federal government, the state, a state agency, or a local government that solicits a fee for filing a document with, or retrieving a copy or certified copy of a certificate or public record from, the solicitor shall do all of the following:

(1)(a) Include a statement in the solicitation, in the same language as the solicitation, that is identical or substantially similar to the following:

"This is an advertisement. This offer is not being made by, or on behalf of, any government agency. You are not required to make any payment or take any other action in response to this offer."

(b) If the solicitation is in writing, the statement shall be in at least twenty-four-point type and located at the top of the physical document or the beginning of the electronic communication.

(2) Include, in the case of mailed solicitation, the words "THIS IS NOT A GOVERNMENT DOCUMENT" in twenty-four-point type and all capital letters on the envelope, outside cover, or wrapper in which the solicitation is mailed;

(3) Include both of the following in the solicitation:

(a) Information on where the person can file a document directly with the secretary of state or retrieve a copy or certified copy of a certificate or public record;

(b) The name of the person making the solicitation and the person's physical address, which shall not be a post office box.

(C) A solicitation described in division (B) of this section shall not be in a form, or use deadline dates or other language, that makes the document appear to be issued by the federal government, the state, a state agency, or a local government, or that appears to impose a legal duty on the person being solicited.

(D) A violation of this section constitutes a deceptive act or practice in connection with a consumer transaction in violation of section 1345.02 of the Revised Code and is subject to any applicable penalties prescribed under Chapter 1345. of the Revised Code.

Last updated September 19, 2024 at 9:50 AM

Section 111.243 | Fraudulent business filings.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 98 - 135th General Assembly

(A) No person shall do any of the following:

(1) Include the name of another person on a document filed with the secretary of state under Title XIII or Title XVII of the Revised Code without that person's consent, if the named person is included in the filing as:

(a) A statutory agent;

(b) The individual causing the document to be delivered for filing;

(c) The person incorporating, forming, registering, or organizing an entity or name registration;

(d) Any other person required to be identified in the document.

(2) Include an address in a document filed with the secretary of state under Title XIII or Title XVII of the Revised Code without the consent of either the owner or occupant of that address;

(3) Deliver a document regarding an entity to the secretary of state under Title XIII or Title XVII of the Revised Code without the necessary consent or authority to do so.

(B) A person named in, or otherwise affected by, the filing of a document in violation of division (A) of this section may submit a complaint to the secretary of state, on a form prescribed by the secretary of state, alleging that the filing was made in violation of division (A) of this section. The complaint shall include at least the following information:

(1) A description of the alleged violation;

(2) The name, street address, telephone number, electronic mail address, if available, and any additional contact information of the person making the complaint;

(3) The name, street address, telephone number, electronic mail address, if available, and any additional contact information of any third party authorized to submit the complaint on behalf of the person that is named in, or affected by, the filing;

(4) The document identification number assigned by the secretary of state to each filed document that is alleged to have been filed in violation of division (A) of this section;

(5) An identification number assigned by the secretary of state for each entity associated with the complaint and the filing, if known to the person making the complaint;

(6) Information, if known to the person making the complaint, identifying each person involved in the filing, including names, street addresses, telephone numbers, web sites, and electronic mail addresses;

(7) Information, if known to the person making the complaint, identifying the nature of any business or personal relationship between the person making the complaint and each person involved in the filing;

(8) A statement by the person making the complaint, under penalty of perjury, that the person believes in good faith that the facts stated in the complaint are true and that the complaint complies with the requirements of this section;

(9) Any additional information that the person making the complaint believes may assist in an investigation of the complaint.

(C)(1) Upon receipt of a complaint submitted pursuant to division (B) of this section, the secretary of state shall review the complaint and evaluate whether the complaint indicates a violation of division (A) of this section and satisfies the requirements of division (B) of this section.

(2) The secretary of state may refer the complaint to the prosecuting attorney of the county in which the person alleged to have committed the violation resides or is believed to reside, based on the best available information, for any potential criminal investigation.

(D) If the secretary of state determines that the information provided in a complaint does not indicate a violation of division (A) of this section or does not satisfy the requirements of division (B) of this section, the secretary of state shall notify the person that submitted the complaint and provide an explanation of any deficiencies in the complaint.

(E) The secretary of state may ask a person who submits a complaint to submit additional information concerning either of the following:

(1) The alleged violation of division (A) of this section;

(2) The person's failure to submit the information required by division (B) of this section.

(F) If the secretary of state rejects a complaint for failure to comply with division (B) of this section, the complaint may be resubmitted.

(G)(1) If the secretary of state determines that a complaint satisfies the requirements of division (B) of this section and alleges a violation of division (A) of this section, the secretary of state shall send notice and demand to the person who submitted the document described in the complaint made under division (B) of this section as follows:

(a) By mail to the person's address if that address is known by, or readily available to, the secretary of state;

(b) Electronically to the person's electronic mail address, if that address is known by, or readily available to, the secretary of state;

(c) By telephone if the person's telephone number is known by, or readily available to, the secretary of state.

(2) The secretary of state may provide written or verbal notice and demand to any other person that the secretary of state determines, through investigation, is a means by which to reach the person who is the subject of the complaint.

(3) The secretary of state's notice and demand shall describe the allegations in the complaint and demand that the person respond to the complaint as required by division (H) of this section.

(H) A person to which the secretary of state sends a notice and demand shall respond within twenty-one days after the written notice and demand is mailed under division (G)(1)(a) of this section. The response shall include all of the following information:

(1) The name, street address, telephone number, and mailing address of the person responding to the notice and demand, and any additional contact information, such as an electronic mail address, that person may wish to provide;

(2) If the responding person is the agent of the person to whom the notice and demand was sent, any supporting documents that establish the agent's authority to act on the person's behalf;

(3) The name of the entity at issue;

(4) Information identifying each person involved in the alleged violation of division (A) of this section, to the extent such information is known by the person responding to the notice and demand, including names, addresses, telephone numbers, web sites, and electronic mail addresses;

(5) Information identifying the nature of any business or personal relationship between the person that submitted the complaint and each person involved in the alleged violation of division (A) of this section, excepting any privileged communications or information;

(6) A statement that affirms or denies having knowledge of or information about the alleged violation of division (A) of this section;

(7) Any material evidence that is reasonably attainable to the person responding to the notice and demand of written consent to use the name or address in the filing at issue in the complaint.

(I) If the person that is the subject of the complaint does not respond to the allegations in the complaint within twenty-one days after the secretary of state mails the notice and demand, the person is deemed to have conceded to those allegations.

(J) Following a prima facie showing that division (A) of this section was violated, the secretary of state shall proceed as follows:

(1) If an entity was created without authorization or for fraudulent purposes, the secretary of state shall do all of the following:

(a) Cancel the business record in question with a notice that the entity is unauthorized or fraudulent;

(b) Redact each address and name that was used without authorization from the entity's filing and from any other relevant filings;

(c) Disable additional filing functionality on the entity's records.

(2) If an unauthorized filing was made for a legitimate entity, the secretary of state shall do both of the following:

(a) Cancel each unauthorized filing for the entity with a notice that the filing is unauthorized;

(b) Redact each address and name that was used without authorization from the entity's filing and from the relevant filings.

(K) Any of the following constitute a prima facie showing that division (A) of this section was violated:

(1) Concession to the allegations in the complaint by the person that is the subject of the complaint or the person's agent either directly or constructively under division (I) of this section, by failing to timely respond to those allegations;

(2) A determination by the secretary of state that the violation occurred, based on the merits of the complaint and any responses to the notice and demand.

(L) The secretary of state shall communicate the outcome of any complaint submitted under this section to all of the following:

(1) The person who submitted the complaint, using the electronic mail address provided on the complaint form or, if an electronic mail address was not provided, using the mailing address provided on the complaint form;

(2) Each person at issue, using the person's or person's agent's electronic mail address or, if an electronic mail address was not provided or is not known, the person's or agent's mailing address.

(M) Any person adversely affected by the outcome of a complaint under this section may appeal the secretary of state's determination in accordance with section 119.12 of the Revised Code.

Last updated September 19, 2024 at 10:06 AM

Section 111.25 | Title 17 filing forms.

• Effective: May 16, 2002
• Latest Legislation: House Bill 278 - 124th General Assembly

The secretary of state shall prescribe the forms for persons to use in complying with the requirements of Title XVII of the Revised Code to the extent that those requirements relate to filings with the office of the secretary of state.

Section 111.26 | Assistance for acquisition of voting devices.

• Effective: July 1, 2014
• Latest Legislation: House Bill 497 - 130th General Assembly

(A) It is hereby declared to be a public purpose and function of the state to facilitate the conduct of elections by assisting boards of elections in acquiring state capital facilities consisting of voting machines, marking devices, and automatic tabulating equipment certified for use in this state under section 3506.05 of the Revised Code. Those voting machines, marking devices, and automatic tabulating equipment are designated as capital facilities under Chapter 154. of the Revised Code. The treasurer of state is authorized to issue revenue obligations under section 154.24 of the Revised Code to pay all or part of the cost of those state capital facilities as are designated by law.

Boards of elections, due to their responsibilities related to the proper conduct of elections under state law, are designated as state agencies having jurisdiction over those state capital facilities financed in part pursuant to this section and Chapter 154. of the Revised Code. It is hereby determined and declared that voting machines, marking devices, and automatic tabulating equipment financed in part under this section are for the purpose of housing agencies of state government, their functions and equipment.

(B) A county shall contribute to the cost of capital facilities authorized under this section as provided below.

(C) Any lease of capital facilities authorized by this section, the rentals of which are payable in whole or in part from appropriations made by the general assembly, is governed by Chapter 154. of the Revised Code. Such rentals constitute available receipts as defined in section 154.24 of the Revised Code and may be pledged for the payment of bond service charges as provided in Chapter 154. of the Revised Code.

(D) The county voting machine revolving lease/loan fund is hereby created in the state treasury. The fund shall consist of the net proceeds of obligations issued under Chapter 154. of the Revised Code to finance a portion of those state capital facilities described in division (A) of this section, as needed to ensure sufficient moneys to support appropriations from the fund. Lease payments from counties made for those capital facilities financed in part from the fund and interest earnings on the balance in the fund shall be credited to the fund. The fund shall also receive any other authorized transfers of cash. Moneys in the fund shall be used for the purpose of acquiring a portion of additional capital facilities described in division (A) of this section at the request of the applicable board of elections.

Participation in the fund by a board of county commissioners shall be voluntary.

The secretary of state shall administer the county voting machine revolving lease/loan fund in accordance with this section and shall enter into any lease or other agreement with the department of administrative services, the Ohio public facilities commission, or any board of elections necessary or appropriate to accomplish the purposes of this section.

(E) Acquisitions made under this section shall provide not more than fifty per cent of the estimated total cost of a board of county commissioners' purchase of voting machines, marking devices, and automatic tabulating equipment.

The secretary of state shall adopt rules for the implementation of the acquisition and revolving lease/loan program established under this section, which rules shall require that the secretary of state approve any acquisition of voting machines, marking devices, and automatic tabulating equipment using money made available under this section. An acquisition for any one board of county commissioners shall not exceed five million dollars and shall be made only for equipment purchased on or after March 31, 2008. Any costs incurred on or after January 1, 2008, may be considered as the county cost percentage for the purpose of an acquisition made under this section.

Counties shall lease from the secretary of state the capital facilities financed in part from the county voting machine revolving lease/loan fund and may enter into any agreements required under the applicable bond proceedings. All voting machines, marking devices, and automatic tabulating equipment purchased through this fund shall remain the property of the state until all payments under the applicable county lease have been made at which time ownership shall transfer to the county. Costs associated with the maintenance, repair, and operation of the voting machines, marking devices, and automatic tabulating equipment purchased under this section shall be the responsibility of the participating boards of elections and boards of county commissioners.

Such lease may obligate the counties, as using state agencies under Chapter 154. of the Revised Code, to operate the capital facilities for such period of time as may be specified by law and to pay such rent as the secretary of state determines to be appropriate. Notwithstanding any other provision of the Revised Code to the contrary, any county may enter into such a lease, and any such lease is legally sufficient to obligate the county for the term stated in the lease. Any such lease constitutes an agreement described in division (D) of section 154.06 of the Revised Code.

(F) As used in this section:

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

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

Section 111.27 | Board of elections reimbursement and education fund.

• Effective: September 30, 2021
• Latest Legislation: House Bill 110 - 134th General Assembly

There is hereby established in the state treasury the board of elections reimbursement and education fund. The fund shall be used by the secretary of state to reimburse boards of elections pursuant to sections 3513.301, 3513.312, 3515.071, and 3521.03 of the Revised Code, and to provide training and educational programs for members and employees of boards of elections. The fund shall receive transfers of cash pursuant to controlling board action.

Last updated July 23, 2021 at 8:12 AM

Section 111.28 | Help America vote act (HAVA) fund; miscellaneous federal grants fund.

• Effective: September 30, 2021
• Latest Legislation: House Bill 110 - 134th General Assembly

(A) There is hereby created in the state treasury the help America vote act (HAVA) fund. All moneys received by the secretary of state from the United States election assistance commission for purposes established under the "Help America Vote Act of 2002," Pub. L. No. 107-252, as amended, shall be credited to the fund. The secretary of state shall use the moneys credited to the fund for activities conducted pursuant to that act. All investment earnings of the fund shall be credited to the fund.

(B) There is hereby created in the state treasury the miscellaneous federal grants fund. Except as otherwise provided in division (A) of this section, all moneys the secretary of state receives as grants from federal sources shall be credited to the fund. The secretary of state shall use the moneys credited to the fund for the purposes and activities required by the applicable federal grant agreements. All investment earnings of the fund shall be credited to the fund.

Last updated August 9, 2021 at 2:54 PM

Section 111.30 | Forms for campaign finance disclosure and independent expenditure statements.

• Effective: September 15, 2004
• Latest Legislation: Senate Bill 133 - 125th General Assembly

The secretary of state shall prescribe forms for campaign finance disclosure statements and independent expenditure statements for the purpose of sections 145.053, 742.042, 3307.072, 3309.072, and 5505.044 of the Revised Code and accept the forms from candidates and persons making independent expenditures filing them with the secretary pursuant to those sections.

Section 111.31 | Mailing unsolicited absent voter's ballots.

• Effective: April 7, 2023
• Latest Legislation: House Bill 458 - 134th General Assembly

(A) Notwithstanding division (E)(2) of section 3509.03 and division (E)(2) of section 3511.02 of the Revised Code, the secretary of state may mail unsolicited applications for absent voter's ballots to electors for a general election if all of the following apply:

(1) The general assembly appropriates funds to the controlling board for that particular mailing;

(2) The secretary of state submits a request to the controlling board to transfer those funds to the absent voter's ballot application mailing fund established under division (B) of this section;

(3) The request is accompanied by a report that includes all of the following concerning the most recent mailing of unsolicited applications for absent voter's ballots conducted by the secretary of state:

(a) The number of applications mailed;

(b) The number of those applications that were returned to the sender as undeliverable or otherwise were determined to be undeliverable;

(c) The number of those applications that were completed and returned to the secretary of state or a board of elections;

(d) The number of absent voter's ballots cast by mail in the election for which the applications were mailed.

(4) The controlling board approves the transfer of funds to the absent voter's ballot application mailing fund.

(B) There is hereby created in the state treasury the absent voter's ballot application mailing fund. The secretary of state shall use the fund to pay the cost of printing and mailing unsolicited applications for absent voter's ballots.

The fund shall consist of moneys transferred to it by the controlling board under division (A) of this section. The controlling board shall transfer any unused moneys in the fund to the proper appropriation item.

Last updated January 31, 2023 at 5:04 PM

Section 111.41 | Definitions for sections 111.41 to 111.99.

• Effective: September 8, 2016
• Latest Legislation: House Bill 359 - 131st General Assembly

As used in sections 111.41 to 111.99 of the Revised Code:

(A) "Application assistant" means an employee or volunteer at an agency or organization that serves victims of domestic violence, menacing by stalking, human trafficking, trafficking in persons, rape, or sexual battery who has received training and certification from the secretary of state to help individuals complete applications to be program participants.

(B) "Confidential address" means the address of a program participant's residence, school, institution of higher education, business, or place of employment, as specified on an application to be a program participant or on a notice of change of address filed under section 111.42 of the Revised Code. A confidential address is not a public record under section 149.43 of the Revised Code, and shall be kept confidential.

(C) "Governmental entity" means the state, a political subdivision of the state, or any department, agency, board, commission, or other instrumentality of the state or a political subdivision of the state.

(D) "Guardian," "incompetent," "parent," and "ward" have the same meanings as in section 2111.01 of the Revised Code.

(E) "Human trafficking" has the same meaning as in section 2929.01 of the Revised Code.

(F) "Process" means judicial process and all orders, demands, notices, or other papers required or permitted by law to be served on a program participant.

(G) "Program participant" means a person who is certified by the secretary of state as a program participant under section 111.42 of the Revised Code.

(H) "Tier I sex offender/child-victim offender," "tier II sex offender/child-victim offender," and "tier III sex offender/child-victim offender" have the same meanings as in section 2950.01 of the Revised Code.

Section 111.42 | Address confidentiality program; application to secretary of state.

• Effective: April 29, 2022
• Latest Legislation: House Bill 93 - 134th General Assembly

(A) A person to whom all of the following applies may apply to the secretary of state with the assistance of an application assistant to become a participant in the address confidentiality program, in which an address designated by the secretary of state serves as the person's address or the address of the minor, incompetent, or ward on whose behalf the person is applying:

(1) The applicant is an adult who is applying on behalf of the person's self or is a parent or guardian applying on behalf of a minor, incompetent, or ward.

(2) The applicant or the minor, incompetent, or ward, as applicable, resides, works, or attends a school or an institution of higher education in this state.

(3) The applicant fears for the safety of the applicant, a member of the applicant's household, or the minor, incompetent, or ward on whose behalf the application is made because the applicant, household member, minor, incompetent, or ward is a victim of domestic violence, menacing by stalking, human trafficking, trafficking in persons, rape, or sexual battery.

(4) The applicant or the minor, incompetent, or ward, as applicable, is not a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender.

(B) An application to become a participant in the address confidentiality program shall be made on a form prescribed by the secretary of state and filed in the office of the secretary of state in the manner prescribed by the secretary of state. The application shall contain all of the following:

(1) A notarized statement by the applicant that the applicant fears for the safety of the applicant, a member of the applicant's household, or the minor, incompetent, or ward on whose behalf the application is made because the applicant, household member, minor, incompetent, or ward is a victim of domestic violence, menacing by stalking, human trafficking, trafficking in persons, rape, or sexual battery;

(2) A statement that the application assistant recommends that the applicant or the minor, incompetent, or ward, as applicable, participate in the address confidentiality program;

(3) A knowing and voluntary designation of the secretary of state as the agent for the purposes of receiving service of process and the receipt of mail;

(4) The mailing address and telephone number or numbers at which the secretary of state may contact the applicant;

(5) The address or addresses of the applicant's residence, school, institution of higher education, business, or place of employment that the applicant requests not be disclosed for the reason that disclosure will increase the risk that the applicant, a member of the applicant's household, or the minor, incompetent, or ward on whose behalf the application is made will be threatened or physically harmed by another person;

(6) The signature of the applicant, the name and signature of the application assistant who assisted the applicant, and the date on which the applicant and the application assistant signed the application;

(7) Except for a claim based on the performance or nonperformance of a public duty that was manifestly outside the scope of the officer's or employee's office or employment or in which the officer or employee acted with malicious purpose, in bad faith, or in a wanton or reckless manner, a voluntary release and waiver of all future claims against the state for any claim that may arise from participation in the address confidentiality program.

(C) Upon receiving a properly completed application under division (B) of this section, the secretary of state shall, within ten business days, do all of the following:

(1) Certify the applicant or the minor, incompetent, or ward on whose behalf the application is filed as a program participant;

(2) Designate each eligible address listed in the application as a confidential address;

(3) Issue the program participant a unique program participant identification number;

(4) Issue the program participant an address confidentiality program authorization card, which shall be valid during the period that the program participant remains certified to participate in the address confidentiality program, and which shall include the address at which the program participant may receive mail through the office of the secretary of state;

(5) Provide information to the program participant concerning all of the following:

(a) The manner in which the program participant may use the secretary of state as the program participant's agent for the purposes of receiving mail and receiving service of process and the types of mail that the secretary of state will forward to the program participant;

(b) The process to register to vote and to vote as a program participant, if the program participant is eligible to vote;

(c) The process to file a real property confidentiality notice with the county recorder concerning any real property in which the program participant acquires an ownership interest after being certified a program participant and after the effective date of this amendment ;

(d) The process to authorize the secretary of state to disclose confidential information concerning the program participant under certain circumstances, as described in division (E) of section 111.43 of the Revised Code.

(D) A program participant shall update the person's application information, within thirty days after any change has occurred, by submitting a notice of change to the office of the secretary of state on a form prescribed by the secretary of state. The secretary of state may, with proper notice, cancel a program participant's certification if the participant is found to be unreachable for a period of sixty days or more.

(E) The certification of a program participant shall be valid for four years after the date of the filing of the application for the program participant unless the certification is withdrawn or invalidated before the end of that four-year period.

(F)(1) A program participant who continues to be eligible to participate in the address confidentiality program may renew the program participant's certification by submitting a renewal application to the secretary of state with the assistance of an application assistant. The renewal application shall be on a form prescribed by the secretary of state and shall contain all of the information described in division (B) of this section.

(2) The secretary of state may prescribe by rule a grace period during which a program participant whose certification has expired may renew the program participant's certification without being considered to have ceased being a program participant during that period.

(3) When a program participant renews the program participant's certification, the program participant shall continue to use the program participant's original program participant identification number.

(G) A tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender is not eligible to participate in the address confidentiality program described in sections 111.41 to 111.99 of the Revised Code.

Last updated February 7, 2022 at 11:27 AM

Section 111.43 | Protection of confidential address.

• Effective: April 29, 2022
• Latest Legislation: House Bill 93 - 134th General Assembly

(A) A program participant may request that a governmental entity, other than a board of elections, use the address designated by the secretary of state as the program participant's address. Except as otherwise provided in division (F) of this section and in section 111.44 of the Revised Code, if the program participant requests that a governmental entity use that address, the governmental entity shall accept that address. The program participant shall provide the program participant's address confidentiality program authorization card as proof of the program participant's status.

(B) A program participant who acquires an ownership interest in real property in this state after being certified as a program participant and after the effective date of this amendment may submit a real property confidentiality notice to the county recorder of the county in which the real property is located, as described in section 111.431 of the Revised Code.

(C) If a program participant's employer, school, or institution of higher education is not a governmental entity, the program participant may request that the employer, school, or institution of higher education use the address designated by the secretary of state as the program participant's address. The program participant may provide the program participant's address confidentiality program authorization card as proof of the program participant's status.

(D)(1) The office of the secretary of state shall, on each day that the secretary of state's office is open for business, place all of the following that the secretary of state receives on behalf of a program participant into an envelope or package and mail that envelope or package to the program participant at the mailing address the program participant provided to the secretary of state for that purpose:

(a) First class letters, flats, packages, or parcels delivered via the United States postal service, including priority, express, and certified mail;

(b) Packages or parcels that are clearly identifiable as containing pharmaceutical agents or medical supplies;

(c) Packages, parcels, periodicals, or catalogs that are clearly identifiable as being sent by a governmental entity;

(d) Periodicals to which the program participant subscribes;

(e) Packages, parcels, or catalogs that have received prior authorization from the office of the secretary of state for forwarding under this section.

(2) Except as provided in divisions (D)(1)(a) to (e) of this section, the office of the secretary of state shall not forward any packages, parcels, periodicals, or catalogs received on behalf of a program participant.

(3) The secretary of state may contract with the United States postal service to establish special postal rates for the envelopes or packages used in forwarding a program participant's mail under this section.

(4)(a) Upon receiving service of process on behalf of a program participant, the office of the secretary of state shall immediately forward the process by certified mail, return receipt requested, to the program participant at the mailing address the program participant provided to the secretary of state for that purpose. Service of process upon the office of the secretary of state on behalf of a program participant constitutes service upon the program participant under rule 4.2 of the Rules of Civil Procedure.

(b) The secretary of state may prescribe by rule the manner in which process may be served on the secretary of state as the agent of a program participant.

(c) Upon request by a person who intends to serve process on an individual, the secretary of state shall confirm whether the individual is a program participant but shall not disclose any other information concerning a program participant.

(E)(1) A program participant may submit to the secretary of state, on a form prescribed by the secretary of state, an authorization for the secretary of state to disclose confidential information concerning the program participant under one or more of the following circumstances, as indicated on the authorization form:

(a) To an official or employee of the United States postal service for the purpose of performing the secretary of state's duties under division (D) of this section;

(b) To any of the following persons for the purpose of confirming the program participant's status as a program participant, for the purpose of verifying the program participant's residence address, or for other similar purposes in order to assist the program participant:

(i) A judge or magistrate;

(ii) An official or employee of the bureau of motor vehicles;

(iii) A school administrator;

(iv) An administrator of a public assistance program;

(v) An administrator of a food pantry.

(c) To another person identified on the authorization form for a purpose indicated on the authorization form.

(2) A person authorized under division (E)(1) of this section to receive a program participant's confidential information may request only the information that the person or the person's office requires under normal circumstances. The person shall not require the disclosure of information as a condition of receiving any services to which the applicant or participant is otherwise entitled.

(3) Upon receiving a request for information concerning a program participant who has submitted a valid authorization form under division (E)(1) of this section, the secretary of state shall determine whether the authorization form permits the secretary of state to disclose the information to the requestor and, if so, within ten business days, shall disclose that information to the requestor along with the following statement: "You are not permitted to redisclose the following information for any reason. Failure to protect the confidentiality of this information is a violation of state law."

(F) Division (A) of this section does not apply to a municipal-owned public utility. The confidential addresses of participants of the address confidentiality program that are maintained by a municipal-owned public utility are not a public record and shall not be released by a municipal-owned public utility or by any employee of a municipal-owned public utility.

Last updated February 10, 2022 at 5:37 PM

Section 111.431 | Real property confidentiality notice.

• Effective: April 29, 2022
• Latest Legislation: House Bill 93 - 134th General Assembly

(A) A program participant who acquires an ownership interest in real property in this state after being certified as a participant in the address confidentiality program may submit a real property confidentiality notice to the county recorder of the county in which the real property is located. The program participant shall provide the program participant's address confidentiality program authorization card as proof of the program participant's status. A real property confidentiality notice shall be on a form prescribed by the secretary of state and shall include all of the following:

(1) The program participant's full name;

(2) The last four digits of the program participant's social security number;

(3) The date the program participant's certification expires;

(4) The program participant's program participant identification number;

(5) The address at which the program participant may receive mail through the office of the secretary of state;

(6) The legal description and street address of the real property in which the program participant has an ownership interest, which shall be the same as the legal description and street address included on any instrument concerning the real property that includes the program participant's name and that has been presented to the county recorder for recording;

(7) A fictitious name, chosen by the secretary of state, that may be used by a county recorder, auditor, treasurer, or engineer or the clerk of the court of common pleas for internal indexing purposes;

(8) The program participant's signature.

(B) When the county recorder receives a properly completed real property confidentiality notice under division (A) of this section, the county recorder promptly shall transmit copies of the notice to the secretary of state, and to the county auditor, treasurer, and engineer.

(C)(1) Except as otherwise provided in divisions (D) and (F) of this section, after a program participant has submitted a properly completed real property confidentiality notice under division (A) of this section, the county recorder, auditor, treasurer, and engineer shall not disclose to any person the program participant's name, telephone number, electronic mail address, or program participant identification number, the address at which the program participant may receive mail through the office of the secretary of state, or any other information that may be used to identify the program participant, in conjunction with the legal description, parcel identification number, or street address of the real property in which the program participant has an ownership interest or any other information that may be used to identify the real property. If the county recorder receives a request for that information for the purpose of performing a title examination, the county recorder shall comply with division (G) of this section, and inform the requestor of the procedure to apply to the secretary of state for authorization under division (E) of this section. If the county recorder, auditor, treasurer, or engineer receives a real property confidentiality notice under this section, the county recorder, auditor, treasurer, or engineer shall bring any existing publicly available records or databases into conformity with this section not later than five business days after receiving the real property confidentiality notice.

(2) If a program participant is a party to a court of common pleas proceeding, the program participant may provide a properly completed real property confidentiality notice to the clerk of the court of common pleas. Upon such notice, the clerk of the court of common pleas shall notify the secretary of state that the program participant has provided a real property confidentiality notice to the clerk of the court of common pleas, and shall not otherwise disclose to any person the information described in division (C)(1) of this section.

(D) The county recorder, auditor, treasurer, or engineer or the clerk of the court of common pleas may disclose the information described in division (C) of this section if any of the following apply:

(1) The information is disclosed to the staff of the county recorder, auditor, treasurer, or engineer or the staff of the clerk of the court of common pleas in order to carry out the duties of the office.

(2) The program participant is the person to whom the information is to be disclosed.

(3) The program participant has provided a notarized statement to the secretary of state, authorizing the disclosure to that person for a specific purpose described in the statement, and the secretary of state has issued a written authorization to the county recorder, auditor, treasurer, or engineer, or to the clerk of the court of common pleas, as applicable, to disclose the information to that person.

(4) The person to whom the information is to be disclosed provides a written authorization issued by the secretary of state under division (E) of this section to disclose the information for the purpose of performing a title examination.

(5) A court of competent jurisdiction orders the disclosure, as described in section 111.46 of the Revised Code.

(E)(1) A person who requires access to the information described in division (C) of this section for the purpose of performing a title examination may apply to the secretary of state for a written authorization.

(2) The person shall submit to the secretary of state, on a form prescribed by the secretary of state, a written application that includes all of the following:

(a) The applicant's name, title, address, and affiliated organization, if any;

(b) The purpose for which the applicant is requesting access to the information;

(c) The applicant's relationship to the program participant, if any;

(d) A legal description of the real property subject to the title examination;

(e) A statement that the applicant will treat the information as confidential and will use the information only for the purpose identified in the application;

(f) The applicant's signature;

(g) Any other information required by the secretary of state.

(3) After the secretary of state receives an application submitted under division (E) of this section, the secretary of state shall, within ten business days, provide the applicant with a written response approving or denying the application. The secretary of state shall approve the application if the secretary of state determines that the application is properly completed; that the information the applicant seeks is subject to division (C) of this section; and that the applicant is seeking the information only for the purpose of performing a bona fide title examination. If the information the applicant seeks is not subject to division (C) of this section, the secretary of state shall, within ten business days, notify the applicant of that fact and, if applicable, shall send a notice to the county recorder, auditor, treasurer, and engineer and to the clerk of the court of common pleas under division (F)(3) of this section.

(F) Upon the occurrence of any of the following, the county recorder, auditor, treasurer, and engineer and the clerk of the court of common pleas shall cease to keep confidential the information described in division (C) of this section and shall make the information available to the public in the same manner as other information concerning real property:

(1) The program participant ceases to hold a recorded ownership interest in the real property that is the subject of the real property confidentiality notice. When the county recorder receives notice that the program participant has ceased to hold that ownership interest, the county recorder promptly shall revoke the real property confidentiality notice and notify the secretary of state, and the county auditor, treasurer, and engineer of that revocation. The secretary of state shall then, if applicable, notify the clerk of the court of common pleas of that revocation.

(2) The program participant submits a notarized revocation of the real property confidentiality notice to the county recorder. Upon receiving the revocation, the county recorder promptly shall transmit copies of the revocation to the secretary of state, and to the county auditor, treasurer, and engineer, and the secretary of state shall, if applicable, transmit a copy of the revocation to the clerk of the court of common pleas.

(3) The county recorder, auditor, treasurer, or engineer or the clerk of the court of common pleas receive a notice from the secretary of state that the program participant's certification has been canceled under section 111.45 of the Revised Code.

(4) Pursuant to the order of a court of competent jurisdiction.

(G) Nothing in this section shall preclude an individual's name from being recorded and indexed for the purpose of giving notice of an ownership interest, lien, or other encumbrance on real property. On such records, if the record contains the information described in division (C) of this section, the county auditor, recorder, treasurer, or engineer, or the clerk of the court of common pleas, if applicable, shall redact the legal description of the property, parcel identification number, or street address of the real property in which the program participant has an ownership interest or any other information that may be used to identify the real property, on any versions of the documents available to the public. The county auditor, recorder, treasurer, or engineer, for the purpose of indexing a program participant's records, may use the program participant's fictitious name listed in the program participant's real property confidentiality notice.

(H) A real estate broker or real estate salesperson as defined in section 4735.01 of the Revised Code, a land professional under section 4735.023 of the Revised Code, a title examiner, an attorney, or a county official shall not be held liable for damages resulting from the failure to discover a defect in title, failure to properly index or record a person's interest in property, or failure to alert a professional to rely on confidential information, when such failure was the proximate result of an individual's participation in the address confidentiality program, unless the real estate broker, real estate salesperson, land professional, title examiner, attorney, or county official was negligent in failing to do so.

Last updated February 10, 2022 at 5:37 PM

Section 111.44 | Voter registration record.

• Effective: September 29, 2017
• Latest Legislation: House Bill 49 - 132nd General Assembly

(A) A program participant who is eligible to vote may apply to the board of elections of the county in which the program participant resides to request that the program participant's voter registration record be kept confidential. The program participant shall submit an application to the director of the board of elections, on a form prescribed by the secretary of state, that includes all of the following:

(1) The information required under section 3503.14 of the Revised Code to register to vote;

(2) The program participant's program participant identification number;

(3) If the program participant is currently registered to vote at another address, the address at which the program participant is registered to vote and a statement that, if the program participant is registered in another county or state, the program participant authorizes the director to instruct the appropriate authority to cancel the program participant's existing voter registration;

(4) A statement that the program participant understands all of the following:

(a) That during the time the program participant chooses to have a confidential voter registration record, the program participant may vote only by absent voter's ballots;

(b) That the program participant may provide the program participant's program participant identification number instead of the program participant's residence address on an application for absent voter's ballots or on an absent voter's ballot identification envelope statement of voter;

(c) That casting any ballot in person will reveal the program participant's precinct and residence address to precinct election officials and employees of the board of elections and may reveal the program participant's precinct or residence address to members of the public;

(d) That if the program participant signs an election petition, the program participant's residence address will be made available to the public.

(B)(1) A program participant who is not currently registered to vote in this state must submit an application under this section not later than the thirtieth day before the day of an election in order to be eligible to vote in that election, as provided in sections 3503.01 and 3503.19 of the Revised Code.

(2) A program participant who is currently registered to vote in this state may submit an application under this section at any time to request that the program participant's voter registration record be kept confidential.

(C) Upon the receipt by the director of the board of elections of a valid application under division (A) of this section, all of the following shall apply:

(1) The director or the deputy director shall contact the secretary of state to confirm that the program participant identification number provided on the application matches the number the secretary of state issued to the program participant.

(2) The application shall be treated as the program participant's voter registration form. The form shall be stored in a secure manner, such that only the members of the board of elections, the director, and the deputy director have access to the form and to the residence address contained in the form.

(3) The director or the deputy director shall record the program participant's program participant identification number in the statewide voter registration database and the official registration list instead of the program participant's residence address and precinct.

(4) If the program participant is currently registered to vote in the county, the director or the deputy director shall do all of the following:

(a) Remove the residence address and precinct information from the program participant's voter registration record, the statewide voter registration database, and the official registration list;

(b) Remove the program participant's name and registration information from any pollbook, poll list, or signature pollbook in which it appears and from any publicly available registration list in which it appears.

(5) If the program participant is currently registered to vote in another county, the director or the deputy director shall notify the board of elections of the county in which the program participant is registered to cancel the program participant's registration.

(6) If the program participant is currently registered to vote in another state, the director or the deputy director shall notify the appropriate authority in that state to cancel the program participant's registration.

(7) The director or the deputy director shall promptly send an acknowledgment notice to the program participant on a form prescribed by the secretary of state.

(D)(1)(a) The residence address or precinct of a program participant who has a confidential voter registration record, as described in this section, shall not appear in the statewide voter registration database or in the official registration list. The program participant's program participant identification number shall appear in place of that information.

(b) No information concerning the program participant, including the program participant's name, shall be included in any pollbook, poll list, or signature pollbook.

(c) No information concerning the program participant, including the program participant's name, shall be included in the version of the statewide voter registration database that is available to the public or in any version of an official registration list that is available to the public.

(2) Notwithstanding any contrary provision of the Revised Code, a program participant who has a confidential voter registration record may vote only by casting absent voter's ballots.

(3) Not later than the forty-fifth day before the day of an election, the secretary of state shall mail a notice to each program participant who has a confidential voter registration record. The notice shall inform the program participant of all of the following:

(a) That if the program participant wishes to vote in the election, the program participant should cast absent voter's ballots by mail;

(b) The procedure for the program participant to cast absent voter's ballots;

(c) That casting any ballot in person will reveal the program participant's precinct and residence address to precinct election officials and employees of the board of elections and may reveal the program participant's precinct or residence address to members of the public.

(E)(1) A program participant who has a confidential voter registration record and who has had a change of name or change of address may submit an application under division (A) of this section that includes the program participant's updated information. The director or the deputy director shall treat that application as a notice of change of name or change of address.

(2) If the program participant currently resides in that county, the director or the deputy director shall replace the program participant's existing registration form with the new registration form.

(3) If the program participant currently resides in another county in this state, the director or the deputy director shall cancel the program participant's existing registration form and shall transmit the program participant's new registration form to the director of the board of elections of the county in which the elector currently resides, and the new registration form shall be processed in accordance with division (C) of this section.

(F) A person who has a confidential voter registration record and who ceases being a program participant or who wishes to cease having a confidential voter registration record shall submit an application, on a form prescribed by the secretary of state, that includes all of the following:

(1) The information required under section 3503.14 of the Revised Code to register to vote;

(2) The person's program participant identification number;

(3) A statement that the person has ceased being a program participant or that the person wishes to cease having a confidential voter registration record;

(4) A statement that the director should do one of the following:

(a) Treat the person's existing voter registration form in the same manner as other voter registration forms;

(b) Cancel the person's voter registration.

(G)(1) Upon receiving a valid application under division (F) of this section from a person who wishes the board of elections to treat the person's existing voter registration form in the same manner as other voter registration forms, or upon receiving a notice from the secretary of state under division (B) of section 111.45 of the Revised Code concerning a person who has a confidential voter registration record, the director or the deputy director shall do all of the following:

(a) Store the person's voter registration form in the same manner as other voter registration forms;

(b) Remove the person's program participant identification number from the person's registration form and from the statewide voter registration database;

(c) Ensure that the statewide voter registration database and any poll list, pollbook, or registration list accurately reflect the person's current name and registration information.

(2) Notwithstanding any contrary provision of section 3503.01 of the Revised Code, if the director receives an application or notice described in division (G)(1) of this section concerning an elector less than thirty days before the day of an election, the elector shall be eligible to vote in that election.

(H) Upon receiving a valid application under division (F) of this section from a person who wishes to have the person's voter registration canceled, the director or the deputy director shall cancel the person's voter registration.

Section 111.45 | Cancellation of certification.

• Effective: April 29, 2022
• Latest Legislation: House Bill 93 - 134th General Assembly

(A) The secretary of state shall cancel the certification of a program participant if any of the following are true:

(1) The program participant's application contained one or more false statements.

(2) The program participant has filed a written, notarized request with the secretary of state, on a form prescribed by the secretary of state, asking to cease being a program participant.

(3) The program participant's certification has expired and the program participant has not renewed the certification in accordance with division (F) of section 111.42 of the Revised Code not later than the deadline specified by the secretary of state by rule to renew the certification.

(B) Upon canceling a certification under division (A) of this section, the secretary of state shall, within ten business days, do both of the following:

(1) Notify the director of the board of elections of the county in which the former program participant resides;

(2) Notify the county recorder, auditor, treasurer, and engineer and the clerk of the court of common pleas of each county in which the former program participant has filed real property confidentiality notices under section 111.431 of the Revised Code that have not been revoked under that section.

Last updated February 2, 2022 at 3:56 PM

Section 111.46 | Disclosure of confidential information.

• Effective: April 29, 2022
• Latest Legislation: House Bill 93 - 134th General Assembly

(A) The secretary of state shall make available to the attorney general, for inclusion in the Ohio law enforcement gateway, the name, telephone number, and confidential address of each program participant. Access to information in the gateway regarding an address confidentiality program participant may only be granted to chiefs of police, village marshals, county sheriffs, county prosecuting attorneys, and a designee of each of these individuals.

(B)(1)(a) A city director of law or similar chief legal officer who requires access to a program participant's confidential address or telephone number for a legitimate governmental purpose may petition the court of common pleas of Franklin county to order the secretary of state to make that confidential address or telephone number available to the petitioner.

(b) A city director of law or similar chief legal officer who requires access to information that is subject to a real property confidentiality notice under section 111.431 of the Revised Code for a legitimate governmental purpose may petition the court of common pleas of the county in which the real property is located or the court of common pleas of Franklin county to make that information available to the petitioner.

(2) Upon the filing of a petition under division (B)(1) of this section, the court shall fix a date for a hearing on it and shall require the clerk of the court to serve a notice of the date, time, place, and purpose of the hearing upon the petitioner. The clerk also shall serve that notice upon the secretary of state so that the secretary of state may send the notice to the program participant in accordance with division (B)(3) of this section, and, if applicable, upon the county recorder, auditor, treasurer, or engineer or the clerk of the court of common pleas of the county in which the real property is located.

(3) Upon receiving a notice under division (B)(2) of this section, the secretary of state immediately shall send a copy of the notice to the program participant by certified mail, return receipt requested.

(4) At a hearing held under this section, the petitioner shall appear, and the program participant or the program participant's attorney may appear and be heard. After the hearing and considering the testimony, the court shall issue the requested order only if it appears to the court by clear and convincing evidence that the disclosure of the confidential information to the petitioner is necessary for a legitimate governmental purpose.

(C) Upon request by a city director of law or similar chief legal officer, who intends to petition a court for access to an individual's confidential information under division (B) of this section, the secretary of state shall, within ten business days, confirm whether the individual is a program participant but shall not disclose any other information concerning a program participant.

(D) If a program participant is a child's parent, guardian, or legal custodian, the program participant is a party to a child custody or child support proceeding concerning the child, and another party to the proceeding requests the court to disclose the program participant's confidential address or telephone number, or if the court seeks to disclose the confidential information sua sponte, the court shall do all of the following:

(1) If a party requests the disclosure, direct the requestor to file a pleading detailing the necessity for the disclosure;

(2) Schedule a hearing on the matter;

(3) Provide the program participant with a copy of the pleading, if filed; and

(4) Provide the parties adequate notice of the hearing.

If a party requests the disclosure of a participant's confidential information, or if the court seeks to release the confidential information sua sponte, the requestor shall have the burden to show, or the court must find, by clear and convincing evidence, that the disclosure is necessary, and that the disclosure does not pose a risk of harm to the program participant or the child. If the requestor does not meet this burden or the court does not make this finding, the court shall deny the request. If the requestor meets this burden or the court makes this finding, the court shall document its findings of fact, and may direct the program participant to release the confidential address or telephone number, or the court may disclose the program participant's confidential address or telephone number.

Last updated February 10, 2022 at 5:38 PM

Section 111.47 | Liability.

• Effective: September 8, 2016
• Latest Legislation: House Bill 359 - 131st General Assembly

(A) Notwithstanding division (A)(3) of section 2743.02 of the Revised Code and except if the performance or nonperformance was manifestly outside the scope of the officer's or employee's office or employment or the officer or employee acted with malicious purpose, in bad faith, or in a wanton or reckless manner, the state is immune from liability in any civil action or proceeding involving the performance or nonperformance of a public duty under the address confidentiality program.

(B) The secretary of state shall adopt rules under Chapter 119. of the Revised Code to facilitate the administration of sections 111.41 to 111.46 of the Revised Code.

Section 111.48 | Address confidentiality program fund.

• Effective: April 29, 2022
• Latest Legislation: House Bill 110, House Bill 93 - 134th General Assembly

There is in the state treasury the address confidentiality program fund. The fund shall consist of money paid into the fund pursuant to division (B)(11) of section 2929.18 and division (D) of section 2929.28 of the Revised Code and any money appropriated to the fund by the general assembly or donated to the fund. The secretary of state shall use the money in the fund for the purpose of administering the address confidentiality program described in sections 111.41 to 111.47 of the Revised Code.

Last updated February 10, 2022 at 2:53 PM

Section 111.99 | Violations; penalty.

• Effective: April 29, 2022
• Latest Legislation: House Bill 93 - 134th General Assembly

(A) No person who submits an application under section 111.42 of the Revised Code shall knowingly make a false attestation in the application that the applicant fears for the applicant's safety, the safety of a member of the applicant's household, or the safety of the minor, incompetent, or ward on whose behalf the application is made because the applicant, household member, minor, incompetent, or ward is a victim of domestic violence, menacing by stalking, human trafficking, trafficking in persons, rape, or sexual battery.

(B)(1) As used in division (B) of this section:

(a) "Public official" means any officer, employee, or duly authorized representative or agent of a public office.

(b) "Public office" means any state agency, public institution, political subdivision, other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any function of government.

(2) No public official who has access to a confidential address or telephone number or to information that is subject to a real property confidentiality notice under section 111.431 of the Revised Code because of the person's status as a public official shall knowingly disclose that confidential information to any person, except as required or permitted by law.

(C) No person who obtains a confidential address or telephone number from the Ohio law enforcement gateway shall knowingly disclose that confidential address or telephone number to any person, except as is necessary for a law enforcement purpose when related to the performance of official duties, or for another legitimate governmental purpose.

(D) No person who obtains a confidential address or telephone number from the secretary of state under division (E) of section 111.43 of the Revised Code shall knowingly disclose that information to any person, except for the purpose for which the disclosure was authorized under that division.

(E) No person who obtains information that is subject to a real property confidentiality notice under section 111.431 of the Revised Code for the purpose of conducting a title examination under division (E) of that section shall knowingly disclose that confidential information to any person, except for the purpose identified in the application submitted under that division.

(F) Whoever violates this section is guilty of a misdemeanor of the first degree.

Last updated February 2, 2022 at 3:58 PM