Overview

In Ohio, a voter’s ballot may be challenged by a Precinct Election Official only. (Observers and other voters may not issue a challenge, unlike in some other states.) A challenge can occur on Election Day at the polling place or during the counting of absentee ballots. The challenge must be made for cause — the Precinct Election Official must believe the voter does not meet an eligibility requirement or, for absentee ballots, that the information on the identification envelope statement is defective or the signature does not match voter records. “Election Day Voting” at 272*; Ohio Rev. Code. Ann. § 3509.06(D)(2)(a).*

Challenges to Ballots Cast on Election Day

On Election Day, any Precinct Election Official can challenge any voter attempting to vote at the polling place. Ohio Rev. Code. Ann. § 3505.20. The challenge may be based on four reasons only: (1) the voter is not a resident of the precinct; (2) the voter is not a resident of the state; (3) the voter is not a U.S. citizen; or (4) the voter is not of legal voting age. “Election Day Voting” at 272*.* If challenged, the voter must answer questions under oath about their eligibility to vote. Ohio Rev. Code. Ann. § 3505.20.

If the voter completes the affidavit and a majority of the Precinct Election Officials is able to determine that the voter is eligible to vote, the voter must be provided a regular ballot. “Election Day Voting” at 272*.* If the voter refuses to complete the affidavit or the Precinct Election Officials are unable to establish the voter’s eligibility to vote, the voter must be allowed to vote a provisional ballot. “Election Day Voting” at 272*.* The provisional ballot is not counted unless and until the Board of Elections determines that the voter is eligible to vote in the election. Ohio Rev. Code. Ann. § 3505.20.

Challenges to Absentee Ballots

During the counting of absentee ballots at each precinct, any Precinct Election Official may challenge the right of a voter named on the identification envelope of an absentee ballot. Ohio Rev. Code. Ann. § 3509.06(D)(2)(a). The challenge may be based on several grounds: (1) the signature on the envelope is not the same as the signature on the registration form; (2) the identification envelope statement of voter is incomplete; or (3) any other grounds upon which the right of a voter to cast a ballot may be lawfully challenged. Ohio Rev. Code. Ann. § 3509.06(D)(2)(a).

If Precinct Election Officials determine that the identification envelope statement of the voter is incomplete or that other information in the statement does not conform with information in the statewide voter database, the Precinct Election Officials must mail a written notice to the voter. Ohio Rev. Code. Ann. § 3509.06(D)(3)(b). The notice must include information about the nature of the defect and information about how to cure the defect to have the ballot be counted. Ohio Rev. Code. Ann. § 3509.06(D)(3)(b). The voter must provide the necessary information to the Board of Elections no later than the fourth day after Election Day. Ohio Rev. Code. Ann. § 3509.06(D)(3)(b).

If no challenge is made, or a challenge is made and not sustained, the Precinct Election Officials open the envelope, remove the ballot, and proceed to count the ballot. Ohio Rev. Code. Ann. § 3509.06(D)(4).

Counting Challenged Ballots

During the official canvass, the Board of Elections tallies all eligible ballots that were not included in the unofficial canvass, including challenged ballots that the Board of Elections has determined are eligible. “Canvassing” at 307.

For absentee ballots, if a voter did not provide the requested additional information by the fourth day after Election Day, the ballot is not counted. Ohio Rev. Code. Ann. § 3509.07. Election officials must note on every absentee ballot not counted the reason the ballot was not counted and must enclose and return the rejected ballots to the Board of Elections to be retained. Ohio Rev. Code. Ann. § 3509.07.