them as evidence in a recount or contest of election, shall willfully and with fraudulent

intent make any mark or alteration on any ballot; or inscribe, write, or cause to be

inscribed or written in or upon a registration form or list, pollbook, tally sheet, or list,

lawfully made or kept at an election, or in or upon a book or paper purporting to be such,

or upon an election return, or upon a book or paper containing such return the name of a

person not entitled to vote at such election or not voting thereat, or a fictitious name, or,

within such time, wrongfully change, alter, erase, or tamper with a name, word, or figure

contained in such pollbook, tally sheet, list, book, or paper; or falsify, mark, or write

thereon with intent to defeat, hinder, or prevent a fair expression of the will of the people

at such election."54

All of these are fifth degree felonies.

4.

The Law of Recounts and Contests

The Secretary of State's declaration of the initial results of a Presidential election in Ohio

is not final. Under Ohio law, a recount of the initial results is required where the margin of

victory is one-fourth of one percent or less, or where a candidate who is not declared elected

applies for a recount within five days of the Secretary of State declaring the results of the election

and remits the required bond.55 In either instance, the Secretary of State "shall make an amended

declaration of the results" of the Presidential election after a full and complete recount of the

initial results throughout the state is completed.56 Therefore, the Ohio legislature has determined

that, in certain statutorily-defined circumstances, the Secretary's final declaration of the results of

a Presidential election in Ohio shall not occur prior to a full and complete recount of the initial

Once the recount applications have been filed, all affected county boards must notify the

applicant and all others who received votes in the election of the time, method and place at which

the recount will take place, such notice to be no later than five days prior to the start of the

recount.57 Nothing in Ohio law prohibits the notices from being mailed prior to the certification

of results. The recount must be held no later than ten days after the day the recount application is

filed or after the day the Secretary of State declares the results of the election.58

At the time and place fixed for making a recount, the Board of Elections, in the presence

of all witnesses who may be in attendance, shall open the sealed containers containing the ballots

Id. § 3599.33.

Id. §§ 3515.01-.03.

Id. § 3515.05.

Id. § 3515.03.

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