(A) Upon receiving uniformed services or overseas absent voter’s ballots, the elector shall cause the questions on the face of the identification envelope to be answered, and, by writing the elector’s usual signature in the proper place on the identification envelope, the elector shall declare under penalty of election falsification that the answers to those questions are true and correct to the best of the elector’s knowledge and belief. Then, the elector shall note whether there are any voting marks on the ballot. If there are any voting marks, the ballot shall be returned immediately to the board of elections; otherwise, the elector shall cause the ballot to be marked, folded separately so as to conceal the markings on it, deposited in the identification envelope, and securely sealed in the identification envelope. The elector shall sign the identification envelope not later than the close of the polls on the day of the election. The elector then shall cause the identification envelope to be placed within the return envelope, sealed in the return envelope, and mailed to the board of elections to which it is addressed.

Attorney's Note

Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Felony of the fifth degree6 to 12 monthsup to $2,500
For details, see Ohio Code § 2929.14(A)(5)

Terms Used In Ohio Code 3511.09

  • state: means the state of Ohio. See Ohio Code 1.59
  • Uniformed services: means :

    (1) Active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States;

    (2) The merchant marine, the commissioned corps of the public health service, or the commissioned corps of the national oceanic and atmospheric administration of the United States;

    (3) The national guard and the organized militia. See Ohio Code 3511.01

  • Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02

(B) The elector shall provide one of the following:

(1) The elector’s Ohio driver’s license or state identification card number on the statement of voter on the identification envelope;

(2) The last four digits of the elector’s social security number on the statement of voter on the identification envelope;

(3) A copy of the elector’s photo identification in the return envelope with the identification envelope.

(C) Every uniformed services or overseas absent voter’s ballot identification envelope shall be accompanied by the following statement in boldface capital letters: WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.

(D) The elector shall cause the uniformed services or overseas absent voter’s ballots to be returned to the office of the board of elections in a manner described in division (C) of section 3509.05 of the Revised Code, provided that the elector shall not be required to prepay the postage on the return envelope if, under 39 U.S.C. § 3406, no postage is required.

Last updated January 19, 2023 at 10:34 AM