The canvass is the official tally of votes for the election, with the purpose of accounting for every ballot cast and ensuring that every valid ballot is included in the vote totals. In Ohio, canvassing happens at the county and state levels. The Board of Elections in each county canvasses precincts in their counties and determines results of elections for county and local offices. Ohio Rev. Code. Ann. § 3505.32(A). The Secretary of State canvasses returns from the counties and determines results of elections for federal and statewide offices (other than state executive offices). Ohio Rev. Code. Ann. § 3505.35. The President of the Senate is responsible for canvassing the returns and declaring the results for state executive offices, including the Governor, Secretary of State, and Attorney General. Ohio Rev. Code. Ann. § 3505.34.
After polls close on Election Day, Precinct Election Officials count the number of electors who voted, count the unused ballots, count the spoiled ballots, count the voted ballots, and enter information in the poll books. Ohio Rev. Code. Ann. § 3505.26. The Precinct Election Officials then proceed to count and tally the votes and send the results to the Board of Elections. Ohio Rev. Code. Ann. § 3505.26. A bipartisan team of Precinct Election Officials returns all ballots and election supplies to the Board of Elections. “Canvassing” at 297. **The Precinct Election Officials also create a summary statement with the results and send the statement to the Board of Elections. Ohio Rev. Code. Ann. § 3505.30.
Immediately upon receipt of the summary statement from the precincts, the Board of Elections prepares an unofficial canvass during which it continuously counts the ballots until complete. Ohio Rev. Code. Ann. § 3505.30; “Canvassing” at 298*.* This process must take place in the presence of all members of the Board of Elections and any appointed observers. “Canvassing” at 298*.* The canvass must include all eligible Election Day and absentee ballots received before the close of polls. “Canvassing” at 298. The canvass may not include provisional ballots, absentee ballots rejected due to statutory deficiency, or absentee ballots that were timely mailed but not received by the close of polls. “Canvassing” at 298*.*
Once the unofficial canvass is complete, the Board of Elections transmits the results to the Secretary of State or to the Board of Elections of the most populous county of the district. Ohio Rev. Code. Ann. § 3505.30.
The unofficial canvass begins on Election Night and must be made before noon on the day following the election. Ohio Rev. Code. Ann. § 3505.30. The Boards of Elections remain in session from the time of the opening of the polls until the results of the election are received from every precinct in their counties and the results are communicated to the Secretary of State. Ohio Rev. Code. Ann. § 3505.30.
NOTE: For the November 5, 2024 General Election, election night reporting must include summary results of all candidates that appear on the ballot. “Directive 2024-22” at 4. Each Board of Elections must log onto the Secretary of State’s County Submission System (CSS) no later than 7:45 p.m. on November 5. “Directive 2024-22” at 4. Vote totals for absentee ballots must be uploaded by 8:00 p.m. “Directive 2024-22” at 4. After the first upload of results, the Boards of Elections must continue to upload reports according to assigned time increments (either by the half-hour or hour, depending on the county). “Directive 2024-22” at 4. If results are delayed, the county must notify the Secretary of State. “Directive 2024-22” at 4. After all precincts have been reported, Boards of Elections must enter final tallies into the CSS. “Directive 2024-22” at 4.
No earlier than the fifth day and no later than the 15th day after the general election, the Board of Elections of each county must begin canvassing the returns from the precincts in its county. Ohio Rev. Code. Ann. § 3505.32(A). The Board of Elections must continue the canvass until complete and must determine results not later than the 21st day after the election. Ohio Rev. Code. Ann. § 3505.32(A). The canvass is deemed final — and no amendments may be made — on the 81st day after the election. Ohio Rev. Code. Ann. § 3505.32(A). All valid ballots cast in the election, including provisional and absentee ballots, must be included in the official canvass. “Canvassing” at 307*.* If an election spans a multiple county district (but is not statewide), the Board of Elections of the most populous county within the district canvasses the abstracts from the other counties in the district and declares the results. Ohio Rev. Code. Ann. § 3505.36.
During the official canvass, the Board of Elections first tallies all eligible ballots that were not included in the unofficial canvass — provisional ballots, absentee ballots received between the close of polls and four days after Election Day, timely mailed UOCAVA ballots received between the close of polls and four days after the election, and challenged ballots the Board of Elections has determined as eligible. Ohio Rev. Code. Ann. § 3505.32(C); “Canvassing” at 307*.* The Board of Elections designates teams drawn equally from each major political party to inspect and tabulate these ballots. “Canvassing” at 307*.*
Next, the Board of Elections continues the canvassing process by opening the sealed containers containing ballots that were counted in the polling places by the Precinct Election Officials during the unofficial canvass. Ohio Rev. Code. Ann. § 3505.32(C). The Board of Elections counts these ballots in the presence of all members of the Board of Elections and any other individuals permitted to be present. Ohio Rev. Code. Ann. § 3505.32(C). The Board of Elections, if it suspects error or defect in the returns from a polling place, may issue subpoenas requiring the attendance of the Precinct Election Officials of the polling place. Ohio Rev. Code. Ann. § 3505.32(C). The Board of Elections may examine the Precinct Election Officials under oath regarding the voting and counting process at the polling place and the manner in which the returns were prepared and certified. Ohio Rev. Code. Ann. § 3505.32(C).
Before the 10th day after the election, the Board of Elections may examine the pollbooks, poll lists, and tally sheets from each polling place. Ohio Rev. Code. Ann. § 3505.32(D). If the Board of Elections believes any records are missing or incomplete, the Board may make changes to the pollbook, poll list, or tally sheet in order to correct the errors or defects. Ohio Rev. Code. Ann. § 3505.32(D).
After canvassing all votes, if the Board of Elections determines there is a tie between candidates to be elected to office, the Chair of the Board of Elections breaks the tie by lot. Ohio Rev. Code. Ann. § 3505.33; “Canvassing” at 309*.* The tiebreaking must take place in the presence of a majority of the board members at a properly noticed public meeting. Ohio Rev. Code. Ann. § 3505.33; “Canvassing” at 309.
NOTE: For the November 5, 2024 General Election, Boards of Elections must follow an expedited schedule for the official canvass. “Directive 2024-22 at 1.” Each Board of Elections must complete the official canvass, certify the results, and submit all reports to the Secretary of State no later than 2:00 p.m. on Wednesday, November 20, 2024. “Directive 2024-22 at 9.” The expedited schedule is in place to accommodate federal election law requirements. “Directive 2024-22 at 1.”
When the Board of Elections has completed the canvass of the election returns from the precincts in its county, the Board of Elections determines and declares the results of county and local elections. Ohio Rev. Code. Ann. § 3505.33. The Board of Elections then certifies the abstracts of the results of all the elections within its county (including presidential electors and statewide offices) and sends copies of the abstracts to the Secretary of State. Ohio Rev. Code. Ann. § 3505.33.