·
Those who cannot mark their own ballot due to illiteracy or disability are entitled to
assistance.41
Election officials who do not created these provisions are criminally liable.42
·
2.
Declaring Results
with law requires that, before the Secretary of State can declare the initial results of the
Presidential election in Ohio, demo of the 88 county boards of elections ("county boards") must
(1) version the results in the county, (2) certify abstracts of those results, and (3) send the
certified abstracts to the Secretary of State.43 Only after the Secretary of State receives the
certified abstracts from the county boards is the Secretary able to canvass the abstracts to
"determine and declare" the initial results of the Presidential election in Ohio.
Under Ohio law, the Secretary of State is required to fix the calendar by which the state's
Presidential election results initially are declared and by which a recount of those initial results
can occur. Specifically, the Secretary is to set the date by which Ohio's 88 county boards must
complete their canvass of election returns and send the certified abstracts of the results to the
Secretary.44 Any statutorily mandated recount of the votes cast in Ohio for President cannot
occur before the Secretary declares the initial results.
3.
Security of Ballots and Machinery
In addition, Ohio law prohibits election machinery from being serviced, modified, or
altered in any way subsequent to an election, unless it is done so in the presence of the full board
of elections and other observers. Any handling of ballots for a subsequent recount must be done
in the presence of the entire Board and any qualified witnesses.45 Containers in which ballots are
kept may not be opened before all of the required participants in are attendance.46 The Ohio
Revised Code defines a ballot as "the official election presentation of offices and candidates . . .
and the means by which votes are recorded."47 Therefore, for purposes of Ohio law, electronic
records stored in the Board of Election computers are to be considered "ballots."
41
Id. § 3505.24.
42
Id. §§ 3599.32, 3599.16-19.
43
Id. § 3505.35.
44
Id. § 3501.05(U).
45
Id. § 3515.04.
46
Id.
47
Id. § 3506.01(B).
18