In Ohio, observers are permitted to be present at early in-person absentee voting, precinct voting on Election Day, vote counting and canvassing, recounts, and post-election audits. Ohio Rev. Code. Ann. § 3505.21; “Election Day Voting” at 277–80; “Directive 2022-45” at 5. Any political party supporting candidates on the ballot or any group of five or more candidates at any primary, special, or general election may appoint one observer to be present during the casting and counting of ballots. Ohio Rev. Code. Ann. § 3505.21(B). Committees that supports or opposes a measure on the ballot may also appoint observers by request to the Board of Elections. Ohio Rev. Code. Ann. § 3505.21(E).
Whether at a polling place or at the office of the Board of Elections where ballots are being cast, processed, counted, or recounted, observers must be permitted to move freely around to observe the proceedings. “Election Day Voting” at 273*.* Election officials may remove observers under limited circumstances, including behavior that interferes with, impedes, or disrupts an election. “Election Day Voting” at 276*.* Observers may not be compensated for their service. “Election Day Voting” at 273*.*
Observers must be qualified electors [1] but do not need to be registered to vote in the county in which they are appointed to observe. “Election Day Voting” at 272. Observers may not be a candidate, person wearing a uniform (whether police, fire fighter, or armed services), or person carrying a firearm. Ohio Rev. Code. Ann. § 3505.21(B); “Election Day Voting” at 273*.*
A political party or group of candidates seeking to appoint an observer at a precinct must notify the Board of Elections not less than 11 days before the day of the election. Ohio Rev. Code. Ann. § 3505.21(C). A political party or group of candidates seeking to appoint an observer for absent voter in-person voting (early voting) or pre-processing must notify the Board of Elections not less than 11 days before absent voter ballots are required to be ready for use. Ohio Rev. Code. Ann. § 3505.21(C). The Board of Elections of the relevant county must be made aware of the name, address, and location at which the observer is to serve. Ohio Rev. Code. Ann. § 3505.21(F).
A committee that supports or opposes a measure on the ballot may file a petition with the Board of Elections requesting the ability to appoint observers no later than 4 p.m. of the 20th day prior to the election. Ohio Rev. Code. Ann. § 3505.21(E). If there is more than one such committee that requests to appoint an observer, the Board of Elections selects one committee no later than 12 days prior to the election to appoint observers. Ohio Rev. Code. Ann. § 3505.21(E). Committees must notify the Board of Elections of the observers’ names and addresses. Ohio Rev. Code. Ann. § 3505.21(E). No more than six observers may be appointed for any one election in any one precinct. Ohio Rev. Code. Ann. § 3505.21(E).
A political party or group of five or more candidates may appoint to any precinct in the county one person to serve as an observer during the casting of ballots. Ohio Rev. Code. Ann. § 3505.21(B), (C). Once approved, an observer is permitted to be present in the polling place during voting and may observe every proceeding of the Precinct Election Officials from the time the polls open until the time the polls close. Ohio Rev. Code. Ann. § 3505.21(C). An observer is also allowed to inspect the counting of ballots in the polling place from the time the polls close until the counting is completed and the final returns are certified. Ohio Rev. Code. Ann. § 3505.21(C).
A political party or group of five or more candidates may appoint to any precinct in the county one person to serve as an observer during the in-person casting of absentee ballots. Ohio Rev. Code. Ann. § 3505.21(B), (C). Observers are also allowed at the office of the Board of Elections during the time that the Board of Elections pre-processes absent voter ballots. Ohio Rev. Code. Ann. § 3505.21(C).
Observers may be present when the Board of Elections is determining the eligibility of provisional ballots and when the Board of Elections is counting provisional ballots. Ohio Rev. Code. Ann. § 3505.183(F); “Election Day Voting” at 278*.*
Observers may be present “during the counting of the ballots,” which includes any time election officials count and tally ballots, make the official canvass of returns, or conduct an audit of election results. Ohio Rev. Code. Ann. § 3505.21(A), (B). Observers appointed to be present during ballot counting may be the same or different individuals than the observers appointed to be present during voting. Ohio Rev. Code. Ann. § 3505.21(B).
Observers, along with Precinct Election Officials, police officers, Board of Elections representatives, and Secretary of State representatives, are the only persons permitted to be present during the counting and certification of election results. Ohio Rev. Code. Ann. § 3505.21(D).