Section 5.1 - Polling Place Rules
This topic is monitored by Moritz Law Professor Terri L. Enns
Election Offenses and Penalties
This chart is a quick summary of Ohio penalties for election-related offenses. Please consult the code for detailed explanations.
| Offense | ORC Section | Penalty |
|---|---|---|
| Bribery | 3599.01 | F4 + forfeit nomination or office |
| Sale of vote by voter | 3599.02 | F4 + disenfranchised & no public office for 5 years |
| A: Corporation or labor organization using money or property for a political purpose B: Corporation or union representative knowingly aiding in violation of A |
3599.03 | A = $500-$5,000 B = not more than $1000 and/or 1 yr |
| Payroll deduction of political contributions without proper written authorization | 3599.031 | $50-500 per disbursement |
| Contribution for illegal purposes | 3599.04 | $25-$500 |
| Employer influencing political action of employee | 3599.05 | $500-$1,000 |
| Employer interfering with employee on election day | 3599.06 | $50-$500 |
| Owners, editors, writers, or employees using columns in newspapers, magazines or other publications to threaten or intimidate candidates or voters | 3599.08 | $500-$1,000 |
| Simultaneously running for conflicting offices | 3599.09 | Not more than $500 |
| Demanding that GA candidates pledge votes on legislation | 3599.10 | $500-$1,000 |
| False registration; improper handling of forms | 3599.11 | Registering or aiding in false registration= F5 Mishandling forms = M1 |
| Illegal voting | 3599.12 | F4 |
| Unqualified person signing petitions | 3599.13 | $50-$500 and/or 3-6 months |
| Prohibitions relating to petitions | 3599.14 | M1 |
| Sale, theft, destruction, mutilation of petitions | 3599.15 | F5 |
| Board of Elections member or employee misconduct | 3599.16 | F4 + dismissal |
| Prohibiting or preventing access to public records filed in office of board of elections | 3599.161 | MM + dismissal |
| Failure to perform duties—registrars, judges, clerks | 3599.17 | M1 |
| Misconduct—registrars, police officers | 3599.18 | M1 |
| Misconduct—judges, clerks at polling place | 3599.19 | M1 |
| General offenses concerning ballots | 3599.20 | F5 |
| Offenses relating to absent voter’s ballots | 3599.21 | F4 |
| Offenses relating to the printing of ballots | 3599.22 | M1 |
| Offenses by custodian of ballots, papers, or marking devices | 3599.23 | Knowingly = M1 Negligence = M2 |
| Interference with conduct of an election --Possession of ballot boxes, destroying property --Intimidation, destroying registration lists --Loitering to hinder or delay, removing supplies |
3599.24 | F5 M1 MM |
| Inducing illegal voting | 3599.25 | F4 |
| Tampering with ballots | 3599.26 | F5 |
| Voting machines—possession, tampering | 3599.27 | F5 |
| False signatures | 3599.28 | F5 |
| Possession of false records | 3599.29 | F5 |
| Failure of officer of law to assist election officers | 3599.31 | M1 |
| Failure of election official to enforce law | 3599.32 | M1 |
| Fraudulent writing on ballots or election records | 3599.33 | F5 |
| Destruction of election records before expiration of time for contest | 3599.34 | F5 |
| Proxies by party representatives, impersonation | 3599.35 | M1 |
| Perjury in matters relating to elections; election falsification | 3599.36 | F5 |
| Refusal to testify re violations of election law | 3599.37 | M1 (unless asserting constitutional rights) |
| Election officials influencing voters | 3599.38 | M1 |
| Second offense under election law | 3599.39 | F4 + disenfranchised |
| General penalty | 3599.40 | M1 |
| Communications purporting to be from Boards of Election | 3599.43 | $100-$1,000 and/or not more than 6 months |
Penalties 1
F1 = mandatory 3-10 years imprisonment + optional fine of not more than $20,000
F2 = mandatory 2-8 years imprisonment + optional fine of not more than $15,000
F3 = mandatory 1-5 years imprisonment + optional fine of not more than $10,000
F4 = mandatory 6-18 month imprisonment + optional fine of not more than $5,000
F5 = mandatory 6-12 month imprisonment + optional fine of not more than $2,000
The court has discretion to determine the "most effective way to achieve the purposes and principles of sentencing set forth in section 2929.21 of the Revised Code" when imposing sentences for misdemeanors. 2 Sentences may include jail terms, community control sanctions, community residential sanctions, nonresidential sanctions, and financial sanctions. 3 If the court imposes jail time or fines, the following guidelines are in effect:
M1 = not more than 180 days in jail and/or fines of not more than $1,000
M2 = not more than 90 days in jail and/or fines of not more than $750
M3 = not more than 60 days in jail and/or fines of not more than $500
M4 = not more than 30 days in jail and/or fines of not more than $200
MM = no jail time, fines of not more than $150
[Posted: September 12, 2004]
Notes
1. U Ohio Revised Code §§ 2929.14, 2929.18, 2929.24, 2929.28 (West Supp. 2004)
2. Ohio Revised Code § 2929.22(A) (West Supp. 2004).
3. Id.
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