Case: 2:06-cv ALM-TPK Doc #: Filed: 04/19/10 Page: 1 of 7 PAGEID #: 4976

Transcription

1 Case: 2:06-cv ALM-TPK Dc #: Filed: 04/19/10 Page: 1 f 7 PAGEID #: 4976 JENNIFER BRUNNER OHIO SECRETARY OF STATE 180 EAST BROAD STREET. 16TH FLOOR COLUMBUS. OHIO USA TEL; FAX: DIRECfIVE September 5, 2008 TO: RE: ALL COUNTY BOARDS OF ELECTIONS MEMBERS, DIRECfORS, DEPUTY DIRECfORS Vter Identificatin Requirements This directive is intended t clarify Ohi's vter identificatin requirements as applied by Ohi's bards f electins, Ohi electin fficials and pll wrkers in Ohi. This directive supersedes Sectin I f Directive All bards felectins shall implement the instructins prvided in this directive. The Secretary f State's ffice has incrprated the instructins cntained in this directive in its Pll Wrker Manual finstructins and its Pll Wrker Quick Reference Guide, which is prvided t bards f electins and referenced in Directive Presiding judges must be prvided with a cpy f this directive, and the Secretary f State's ffice ffers further assistance t bards f electins in interpreting r applying this directive thrugh the electins attrneys at the Secretary f State's ffice assigned t cunty bards f electins. Electin Day RcguJarVting ID Requirements R.C requires every vter, upn appearing at the plling place t vte n Electin Day, t annunce his r her full name and current address and prvide prffthe vter's identitlj. The frms f identificatin that may be lised by a vter wh appears at a plling place t vte n an Electin Day include: 1. His r her current and valid Ohi driver's license; r 2. His r her current and valid pht identificatin card issued by the State f Ohi r the United States gvernment; r 3. His r her military identificatin ("military ID"); r 4. An riginal r cpy fa cw'rent utility bill; r 5. An riginal r cpy f a current bani{ statement; r 6. An riginal r cpy fa CUiTent paycheck; r 7. An riginal r cpy fa cul'rent gvermnent check; r 8. An riginal r cpy f a cul'i'ent ther gvernment dcument.. "

2 Case: 2:06-cv ALM-TPK Dc #: Filed: 04/19/10 Page: 2 f 7 PAGEID #: 4977 page 2 f? (NOTE: An Ohi driver's license r Ohi issued pht identificatin card may be used that des nt cntain the vter's address appearing in the recrds f the bard f electins. In such case, a pll wrker must recrd the last 4 digits f the vter's driver's license r Ohi ID card number in plling place recrds as instructed by the bard f electins. Als, beginning with the Nvember 2008 general electin, pursuant t Am. Sub. H.B. 562, military ID's will n lnger have t cntain the name r address f the vter ffering the military ID as identificatin; pll wrkers must, hwever, be able t ascertain that the persn ffering the military ID as identificatin is the persn he r she purprts t be and has the qualificatins t vte in the electin in questin.) Please see the definitins sectin fthis Dil'ectivefr clarificatin n such terms as "current"andfr mre infrmatin abut the abvefl'tns fidentificatin. Ifan electr appearing n an Electin Day t vte in persn des nt have, r fails r refuses t prvide, any f the acceptable frms f prf f identity utlined abve, that electr may cast a prvisinal ballt pursuant t R.C A discussin f instructins fr prvisinal vting appears in Directive Please see addendum NO.1 t this directive. That addendum is aflw chart that pll wrkers may use t assist them in determining whether a particular vter has prvided sufficient identificatin t vte a regular ballt r must vte a prvisinal ballt. Fur cpies f this addendum must be included in the precinct/plling lcatin kitfr Electin Day. Absentee ("Early") Vting ID Requirements Any qualified Ohi electr whse current vting residence address is the address appearing in the recrds f the bard f electins fr that vter may request an absent vter's ballt \vithut stating a reasn. A detailed discussin f absentee vting appears in Directive The Ohi General Assembly has implemented smewhat different and perhaps mre simplified vter ID requirements fr absentee vting (whether by mail r in persn) than fr Electin Day vting. Absentee vters are required t prvide ID at tw distinct pints in the vting prcess. First, all absentee vters must prvide ID at the time they apply fr their absentee ballts. Secnd, all absentee vters must als prvide ID at the time they vte and return their absentee ballts. A vter is nt required t prvide identical frms f required ID at bth pints in time discussed abve as lng as bth frms f ID prvided are acceptable frms f ID as enumerated belw. The frms f ID that may be used by an absentee vter include: 1. His r her Ohi driver's license number; r 2. The last fur digits fhis r her Scial Security number; r 3. A cpy fhis r her current and valid Ohi driver's license; r 4. A cpy fhis r her pht identificatin card issued by the State f Ohi r the United States gvernment; r 5. A cpy fhis r her a military identificatin; r 6. An riginal r cpy fa utility bill; r

3 Case: 2:06-cv ALM-TPK Dc #: Filed: 04/19/10 Page: 3 f 7 PAGEID #: 4978 page 3 f? 7. An riginal r cpy fa bank statement; r 8. An riginal r cpy fa paycheck; r 9. An riginal r cpy f a gvernment check; 01' 10.An riginal r cpy fanther gvernment dcument. (NOTE: Beginning \,~th the Nvember 2008 general electin, pursuant t Am. Sub. H.B. 562, military ID's \\~ll n lnger have t cntain the name r address f the vter ffering the military ID as identificatin; pll wrkers must, hwever, be able t ascertain that the persn ffering the military ID as identificatin is the persn he r she purprts t be and has the qualificatins t vte in the electin in questin.) If an electr r vter wh desires t vte absentee prvides the identificatin infrmatin cntained in numbers 1 r 2. abve, he r she is nt required als t pr~de any f the identificatin dcumentatin described in numbers 3 thrugh 10 abve. Please seethe definitins sectin fthis Directive fr clarificatin n such terms as "current" andfr mre infrmatin abut the abvefrms fidentificatin. Definitins Relating t Vter ID Am. Sub. H.B. 3 did nt define many f the terms used in the vter ID requirements cntained in that law. T ensure unifrm applicatin f thse requirements thrughut Ohi, and under my authrity under R.C , the fllo\~ng terms are defined, as used in relatin t vter ID: Current "Current" means the dcument was issued n a date within ne year immediately preceding the date f the electin at which the vter seeks t vte, r has n it an expiratin date which has nt passed as f the date f the electin in which the vter seeks t vte. Cnfrm Fr the purpses f verifying the identity f the vter by name, "cnfrm" means that the dcument shall cntain the same last name and the same first name r derivative f the first name as the first and last names appearing in the pll list r signature pll bk. When a middle name r initial can be matched, the electin fficial r pll wrker shuld als verify the middle name r initial. Minr misspellings shall nt preclude the use f a prffered ID fr purpses f vting. Fr the purpses f verifying the identity f the vter by address, "cnfrm" des nt mean an exact match, but rather, the frm and cntent f the address can reasnably be determined t match the frm and cntent f the address appearing in the pll list r signature pll bk. Pht identificatin R.C (AA) defines "pht identificatin" and requires ALL f the fllwing:

4 Case: 2:06-cv ALM-TPK Dc #: Filed: 04/19/10 Page: 4 f 7 PAGEID #: 4979 page 4 f? The pht identificatin has been issued by either the gvernment f the United States r the State f Ohi. Drivers' licenses and pht ID cards frm ther states r cuntries are nt acceptable frms f identificatin. The pht identificatin shws a phtgraph f the individual t whm it was issued, and the phtgraph appears t be the persn wh has presented the pht ID. The pht identificatin includes an expiratin date that has nt passed. The pht identificatin shws the name f the individual t whm it was issued, which shall cnfrm t the name in the pll list r signature pll bk fr the persn presenting the pht ID. The pht identificatin shws the current address f the individual t whm it was issued, which shall cnfrm t the address in the pll list r signature pll bk. There are tw exceptins, hwever. N vter shall be denied a regular ballt slely because his r her military ID r his r her Ohi driver's license r ID card des nt prvide his r her current address, r the address n his r her Ohi driver's license r ID card des nt match that in the pll list r signature pll bl{. Nte, in this case, the pll wrker must accept ne fthese frms f pht ID t allw the individual t vte, but must recrd the last fur digits f a driver's license r state ID number if the address n the ID des nt match the address fr the vter appearing in the pll list r signature pll bk. Please nte that there are tw numbers n an Ohi driver's license. The required number is the number lcated n the left hand side f the ID under the phrase "LICENSE NO." The crrect number actually begins with letters. In cntrast, the number lcated abve the picture n an Ohi driver's license number is nt the driver's license number and cannt be used t verify the identity f a vter. If an absentee vter prvides the number abve his r her picture and nt the driver's license number, the bard must ntify the vter f such errr by telephne r in writing, within tw business days f receiving the applicatin r vted ballt. The vter s ntified must be permitted t appear in persn at the ffice f the bard t prvide the crrect infrmatin. In the case f a returned absent vter's ballt, the vter shall have until the tenth day after the electin t prvide this infrmatin t enable his r her ballt t be cunted. MilitaryID The General Assembly has nt defined "Military identificatin." Generally speaking, an acceptable Military ID is an identificatin card issued by the United States Department f Defense t: An active duty member f any branch f the United States Armed Frces (Air Frce, Army, Cast Guard, Natinal Guard, Reserves, Jint Services, Marines, r Navy); A member f a reserve military unit; A retired military persnnel; A dependent f a military persnnel; An ROTC student; r Sme civilian gvernment emplyees and cntractrs. The ID presented must allw the electin fficial t whm it is presented t verify that the persn presenting the ID is the persn whm they purprt t be, and thus, t verify that the

5 Case: 2:06-cv ALM-TPK Dc #: Filed: 04/19/10 Page: 5 f 7 PAGEID #: 4980 page 5 f? persn presenting the ID has the qualificatins t vte In the electin at which the ID IS presented. Specifically, as f August 2008, all Military IDs shuld indicate that they are a versin f: The Cmmn Access Card ("CAC"), including Geneva Cnventin Identificatin Cards, Geneva Cnventin Accmpanying Frces Cards, Identificatin and Privilege Cards, and Identificatin Cards; DD Frm 2 (such as DD Frm 2A); r DD Frm All CACs lk very similar; the slight variatins in the frm f the ID depend n the ID hlder's status in the military and are nt at issue fr the purpse f vting. DD Frm 2 and DD Frm 1173 identificatin cards are very different in appearance frm the CACs, and there are several versins f each card that may lk very different frm ne anther. Examples f the varius frms f CACs, DD Frm 2S, and DD Frm 1173s are included in Addendum N.2 t this directive. Additinal Pints fclarificatin Regal'ding Military IDs It des nt matter what clr a military ID is. The clr f the Military ID simply indicates the status f the individual with the military (Inactive Reserve, ROTC, Reserve, Retired, Dependent, r Active). It als des nt matter what branch f the military the vter is affiliated with, althugh the branch may be indicated n the ID. Expiratin dates: a If the ID presented by a vter des have an expiratin date n it (and mst military IDs d), the electin fficial revie\,~ng the ID shuld apply the definitin f current cntained in this directive, meaning that the ID is valid if the expiratin date has nt passed as f the date f the electin in which the vter seeks t vte when he r she presents his r her ID. a Ifthe expiratin date has passed, the ID may nt be used. a Military IDs fr retired military persnnel and reserve members f the military d nt have an expiratin date n them. Rather, thse ID's indicate that they are valid fr an indefinite perid f time. Fr example, sme military IDs may say "INDEF" where an expiratin date shuld therwise appear. Military ID's f this nature are valid fr purpses f vting whenever presented by a vter. Utility Bill A "utility bill" includes, but is nt limited t, water, sewer, electric, natural gas, heating il, cable r satellite tele\~sin, internet, telephne r digital telephne, and cellular telephne service. A "bill" is a statement f fees wed fr such services. A bill is sufficient even if it shws a zer (0) balance due. The utility bill presented fr the purpses f identificatin must shw that it was issued t the vter wh has presented it. The utility bill must shw the vter's name and current address, which must cnfrm t the vter's name and address in the recrd f the bard f electins, including the pll list r signature pll bk and must be a current statement as defined in this directive. The bill may be an riginal r a cpy f an riginal. Cmputer generated print-uts felectrnically transmitted bills are als valid.

6 Case: 2:06-cv ALM-TPK Dc #: Filed: 04/19/10 Page: 6 f 7 PAGEID #: 4981 page 6 f? Bank Statement A "bank statement" includes, but is nt limited t, a statement frm any financial r brkerage institutin that bears the name and current address f the vter presenting it fr identificatin. The name and address f the vter that appears n the bank statement must cnfrm t the vter's name and address in the recrd f the bard f electins, including the pll list r signature pll bk and must be a current statement as defined in this directive. The statement may be an riginal r a cpy f an riginal. Cmputer generated print-uts f electrnically transmitted statements are als valid. Paycheck A"paycheck" includes, but is nt limited t, a paycheck, check stub r receipt prvided fr direct depsit f wages r earnings frm any public r private emplyer and which bears the name and current address f the vter presenting it fr identificatin. The name and address f the vter that appears n the paycheck must cnfrm t the vter's name and address in the recrd f the bard f electins, including the pll list r signature pll bk and must be current as defined in this directive. The paycheck may be an riginal r a cpy f an riginal. Cmputer generated print-uts felectrnically transmitted check stubs r receipts are als valid. Gvernment Checl{ A "gvernment check" includes, but is nt limited t, a paycheck, check stub r receipt prvided fr direct depsit ffunds issued by any plitical subdivisin f this state, including the State f Ohi, r any plitical subdivisin f r by anther state r by the United States gvernment that bears the name and current address f the vter presenting it fr identificatin. The name and address f the vter that appears n the gvernment check must cnfrm t the vter's name and address in the recrd f the bard f electins, including the pll list r signature pll bk and must be current as defined in this directive. The check may be an riginal r a cpy f an riginal. Cmputer generated print-uts f electrnically transmitted check stubs r receipts are als valid. Other Gvernment Dcument "Other gvernment dcument" includes, but is nt limited, t a dcument that is issued by a gvernment ffice and that bears the name and current address f the vter presenting it fr identificatin. The name and address f the vter that appears On the gvernment dcument must cnfrm t the vter's name and address in the recrd f the bard f electins, including the pll list r signature pll bk and must be current as defined in this directive. "Gvernment ffice" includes any lcal (including cunty, city, twnship, and village gvernments), state, r federal (United States) gvernment ffice, branch, agency, department, divisin, r ther similar cmpnent, including a bard, cmmissin, public cllege r university r public cmmunity cllege, whether r nt in Ohi. By way f example, this may include, but is nt limited t, letters; bills fr taxes and ther similar bligatins; hunting, fishing and marine equipment peratr's licenses; license renewal ntices and ther ntices; filing receipts; curt papers; grade reprts; r transcripts.

7 Case: 2:06-cv ALM-TPK Dc #: Filed: 04/19/10 Page: 7 f 7 PAGEID #: 4982 page 7 f? Please nte that R.C (A) des explicitly prvide that an electr cannt use as prf f identity a ntice that a bard f electins mailed t that vter under R.C r Ifyu have questins abut this directive, please cntact yur assigned electins cunsel at Sincerely, Jennifer Brunner