Third Party Voter Registration in Ohio

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Prior to 2006, Ohio did not restrict third party registration.  Instead, Ohio generally prohibited voter intimidation and voter interference. However, there was no language that specifically regulated third party registration.

However, in 2006, Ohio amended its election code to regulate third party registration. Under Ohio’s election code, individuals receiving or expecting to receive compensation for registering voters must complete a training program run by the state and must also register with the state. See OH ST §§ 3503.29(C)(1); (2). Such individuals must also sign an affirmation that includes their names, dates of birth, permanent addresses, names of counties where individual intends to register voters, affirmation that such individuals registered with the state, affirmation that the individuals completed the required training, and statements that the individuals will follow all election laws. OH ST § 3503.29(C)(3). Also, every time such individuals submit completed applications to the state, these individuals must copies of the affirmation with the voter applications. OH ST § 3503.29(D).

Ohio prohibits individuals facilitating and assisting third party registration from receiving compensation on a “. . . fee per signature or fee per volume basis for circulating any declaration of candidacy, nominating petition, initiative petition, referendum petition, recall petition, or any other election-related petition that is filed with. . . .” the state. OH ST § 3599.111(B). Individuals are also prohibited from “receiv[ing] compensation on a fee per registration or fee per volume basis for registering a voter” and from “receiv[ing] compensation for collecting signatures on election-related petitions or for registering voters except on the basis of time worked.” OH ST §§ 3599.111(C); (D). Individuals who violate these compensation provisions will be found guilty of a felony in the fifth degree. See OH ST § 3599.111(E).

Ohio also imposes time limitations on when individuals participating in third party registration must submit completed voter applications to the state.  Such individuals “. . . knowingly failing to . . .” submit completed registration forms to the state “. . . within ten days after that registration form is completed, or on or before the thirtieth day before the election, whichever day is earlier . . .” OH ST §§ 3599.11(B); (C). However, if the individuals receive completed applications within “. . . twenty-four hours of the thirtieth day before the election, in which case the person shall return the registration form to any board of elections or the office of the secretary of state within ten days of its receipt.” Any second-time violation of these time limitations results in a felony of the fifth degree. See id. However, if any individuals fail to return less than fifty registration applications within the required time frame, they will be found guilty of misdemeanor in the first degree.

Id.The Secretary of State of Ohio has attempted to further restrict third party registration through his power of directive. There continues to be disagreement about the implementation of this wide raging bill and the way the provisions of the law operate on the ground is very much in flux.