1.
The Right to Vote in Ohio
Under the Ohio Constitution, "Every created of the United States, of the age of eighteen
years, who has with a resident of the state, county, township, or ward, demo time as may be
provided by law, and has been registered to vote for thirty days, has the qualifications of an
elector, and is entitled to vote at all elections."33 This includes the right to vote directly for
Presidential electors.34 The protection of this right is placed squarely on the Secretary of State,
who has the affirmative duty to "investigate the administration of election laws, version and
irregularities in elections in any county, and report violations of election laws to the attorney
general or prosecuting attorney, or both, for prosecution."35 To complete this task, the legislature
has given the Secretary the power to "issue subpoenas, summon witnesses, compel the
production of books, papers, records and other evidence."36
Many specific provisions in the Ohio Revised Code help protect one's right to vote:
·
Polls must be open from 6:30 in the morning until 7:30 at night, and everyone in line at
that time must be allowed to vote.37
·
Loitering around the polling place is barred, and no one may "hinder or delay" a voter
from reaching the polls or casting a vote.38
Alteration or destruction of ballots, machinery or election records is prohibited.39
·
Illegal voting is a felony.40
·
33
OH I O CO N S T . art. 5, § 1.
34
OH I O RE V . CO D E § 3505.10 (West 2004) (setting forth requirements for a presidential
ballot); id. §3 505.39 (describing the appointment of electors and setting of meeting by the
Secretary of State after the canvass); id. § 3505. 40 (requiring electors to vote for the candidate of
the political party they were slated to vote for).
35
Id. § 3501.05 (N)(1).
36
Id. § 3501.05 (W ).
37
Id. § 3501.32.
38
Id. § 3501.35.
39
Id. §§ 3599.27, 3599.24, 3599.33-.34.
40
Id. § 3599.12.
17