Overview

Ohio law provides several provisions related to the administration of elections during an emergency. During an emergency, Boards of Elections are able to move or add polling places. Ohio Rev. Code. Ann. § 3501.18(A). Local police forces must be available upon request by the Secretary of State to be present at polling places. Ohio Rev. Code. Ann. § 3501.34. In addition, if necessary, the Secretary of State can create emergency procedures for military and overseas voters to facilitate their ability to vote. Ohio Rev. Code. Ann. § 3511.15. Notably, Ohio is the only state that does not grant the Governor some type of power to suspend statutes or regulations and issue orders in an emergency. However, the Governor oversees an emergency management agency specifically created to assist the Governor during states of emergency. Ohio Rev. Code. Ann. § 5502.22.

Relocation and Addition of Polling Places

Ohio law allows Boards of Elections to move polling places and add additional polling places to a precinct. Ohio Rev. Code. Ann. § 3501.18(A). Boards of Elections are permitted to change the number and location of polling places at any time in an emergency, including within the 25 days preceding an election (a period during which, under normal circumstances, changes to polling places are not permitted). Ohio Rev. Code. Ann. § 3501.18(A).

Police Duties

Ohio law also requires that the police in each jurisdiction have a special force ready to respond to an emergency as the Secretary of State considers necessary. Ohio Rev. Code. Ann. § 3501.34. At least one police officer must be assigned to each precinct on each day of an election, when requested by the Secretary of State. Ohio Rev. Code. Ann. § 3501.34.

Special Procedures for Uniformed Service Members and Overseas Voters

If an international, national, state, or local emergency or other situation arises that makes “substantial” compliance with the “Uniformed and Overseas Citizens Absentee Voting Act” impossible or impracticable, the Governor or Secretary of State, by delegation of the Governor, may prescribe a special procedure to facilitate absentee voting. Ohio Rev. Code. Ann. § 3511.15. The emergency must be confirmed by the existence of armed conflict involving the U.S. armed forces, including the Ohio national guard and reserve members, or by the occurrence of a natural disaster, state emergency declared by the Governor, civil unrest, war, or other exigency in a foreign county. Ohio Rev. Code. Ann. § 3511.15. In such a case, the Secretary of State must take reasonable steps to provide notice to uniformed service members and overseas voters of the special procedures. Ohio Rev. Code. Ann. § 3511.15.

Emergency Management Agency

In Ohio, there is an emergency management agency that works directly with the Governor during a state of emergency. Ohio Rev. Code. Ann. § 5502.22. The agency coordinates the emergency management activities of all other state agencies and liaises with the federal government. Ohio Rev. Code. Ann. § 5502.22. The agency is also responsible for advising the Governor on emergency management issues on a regular basis. Ohio Rev. Code. Ann. § 5502.22.