King Lincoln Bronzeville Neighborhood Association et al v. J. Kenneth Blackwell et al

Filing 14

NOTICE by Defendant J Kenneth Blackwell of Filing (Attachments: # 1 Exhibit Directive 2006-78# 2 Exhibit Summary of Election Laws by State)(Sikora, Damian)

J. KENNETH BLACKWELL Ohio Secretary of State
180 E. Broad Street, 16th Floor, Columbus OH 43215 614.466.2655 / Toll Free: 877.767.6446 / Fax: [phone] e-mail: [e-mail] www.sos.state.oh.us

DIRECTIVE 2006-78 October 26, 2006 To: ALL COUNTY BOARDS OF ELECTIONS Members, Directors and Deputy Directors IMPORTANT ELECTION ISSUES To ensure that the November 7 elections are conducted uniformly throughout the State, I am issuing this directive to instruct the boards on some important election procedures which all election officials must follow and enforce.

Voter Identification on Election Day
On election day, voters must bring identification to the polling place to vote in accordance with R.C. 3505.18(A) in order to verify identity. Identification may include a military identification that shows the voter's name and current address, a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and current address of the voter, except that a notice mailed by a board of elections under R.C. 3501.19 or R.C. 3503.19 cannot be used. If the voter provides either a driver's license or state identification card issued under R.C. 4507.50 that does not contain the voter's current residence address the voter is to provide the last four digits of the voter's driver's license number or state identification number and the precinct election official is to mark the poll list or signature pollbook to indicate that the elector has provided a driver's license number or state identification card number with a former address and record the last four digits of the voter's driver's license number or state identification number. If the voter does not have any of the forms of identification listed above, but the voter has a social security number, the voter may provide the last four digits of the social security number. The voter then will cast a provisional ballot under R.C. 3505.181. The envelope of the ballot shall include the numbers from the social security information. If the voter has but is unable to provide one of the forms of identification above and is unable to provide the last four digits of the social security number but does have a social security number the voter may cast a provisional ballot under R.C. 3505.181. If the voter does not have any of the forms of identification noted above and cannot provide a social security number because the

Directive Important Election Issues October 26, 2006

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voter does not have a social security number, the voter may execute an affirmation under penalty of election falsification that the voter cannot provide the identification required or the last four digits of the voter's social security number for those reasons. Upon signing the affirmation, the voter may cast a provisional ballot under R.C. 3505.181. The affirmation in accordance with R.C. 3505.18(A) (4), must contain spaces for the voter's name, address, current date, date of birth of the voter and signature. If the voter does not have any of the forms of identification required, cannot provide the last four digits of the voter's social security number because the voter does not have a social security number, and if the voter declines to execute an affirmation, the voter may cast a provisional ballot, the envelope of which shall have the voter's name. If an elector has but declines to provide the precinct election officials any of the forms of identification required above or the voter has a social security number but declines to provide the information on the last four digits of the social security number, the voter may cast a provisional ballot.

NO FAULT ABSENTEE IDENTIFICATION AT POLLING LOCATION OR BY MAIL
Pursuant to R.C. 3509.03 and R.C. 3509.05, a voter voting by absent ballot must, on the application for absentee ballot, provide the voter's full driver's license number, rather than the last four digits of the driver's license number as required pursuant to R.C. 3505.18; and If the absent voter's ballot is mailed and the voter does not provide either the drivers' license number of the last four digits of the voter's social security number, then the voter must include in the return envelope a copy of the elector's current valid photo identification, a copy of a military identification that shows the elector's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the name and address of the elector (but not necessarily the name and current address of the elector, as is required pursuant to R.C. 3505.18 for voter's voting on election day). If the absent voter's ballot is cast in person (i.e., it is delivered to an elector at the office of the board and the elector marks the ballot in a voting compartment provided by the board (pursuant to R.C. 3509.05)), the voter must present to the director of the board a current valid photo identification (or a copy of same), a military identification that shows the elector's name and current address (or a copy of same), or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the name and address of the elector (but not necessarily the name and current address of the elector, as is required pursuant to R.C. 3505.18 for voter's voting on election day).

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DEFINITIONS OF CERTAIN TERMS USED IN THE ABOVE CITED STATUTES
"Current" The reference in the statutes to the "current" status for ID documents presented in the statute(s) related to voter identification, including R.C. 3505.18, is a document, which is dated not more than six months from the date that it is presented to the election official. For purposes of those documents that are provided on election day, for instance, the date of the document presented should be no earlier than April 7, 2006. "Government Document" As used in the Statutes, "government document" means any local, state or federal government document that shows the voter's name and current address. CLARIFICATION REGARDING "DRIVER' S LICENSE NUMBER" A driver's license or state identification card that does not contain the current address of the voter is acceptable for use as an ID document. The procedure as stated above is that the voter is to provide the last four digits of the driver's license number or state identification number and the precinct official is to mark the poll list or signature pollbook to indicate that the elector has provided a driver's license or state identification card number with a former address and record the last four digits of the driver's license or state identification card. A driver's license contains a field, which states, "License No." on the document. This number is the driver license number. There is another number, which is on the license located on the photograph of the voter, which is not the driver's license number. Upon the receipt of an absentee ballot, which purports to contain the driver's license number but contains the number above the photograph or some other number which is not the driver license number, acceptable proof of identity has not been provided. If you have any question regarding these instructions, please contact the Elections Division at [phone]. Sincerely,

Monty Lobb Assistant Secretary of State