May 27, 2026 · General Government Committee · 27,020 words · 14 speakers · 196 segments
General Government Committee to order. Will the clerk please call the roll. Chair Wray? Here. Vice Chair LeRae? Ranking Member Brent? Present. Representative Bryant Bailey? Here. Manning? Here. Matthews? Here. McLean? Here. Miller? Here. Olsager? Here. Plummer? Here. Russo? Here. Sinnenberg? Here. Young? Please review the minutes from the May 20th committee meeting. It should be on your iPad there. Are there any objections? Hearing none, the minutes are approved. To ensure that all committee members have the opportunity to ask their questions, members will initially be limited to one question and one follow-up. Once all members have had the opportunity to ask questions, additional rounds of questioning will be permitted. We ask that all questions from committee members please be direct and concise. We will also be implementing a hard stop at 1.30 today. I will now call up House Joint Resolution 9 for its second hearing. I'd now like to invite Richard Topper for opponent testimony. Mr. Topper.
Thank you very much, Chair Wray. And please say hi to Vice Chair LeRray, please. Ranking Member Brent, members of the General Government Committee. My name is Richard Topper. I am happy to be 45 years retired trial lawyer and have volunteered since 2004 in voter protection. Every year I follow the elections. I am at the Board of Elections or somewhere around what is going on. I'm here to testify in not in opposition of the Votafoto ID, but in opposition of making this a constitutional amendment. Votafoto ID, as we all know, the bill was passed in April of 2023. Since then, we have been through nine elections. We have been through three major elections and one presidential election. And in that presidential election, we know that the law works because in 2024, there were 7,053 voters who didn't either have an ID, had an expired ID, or just didn't bring an ID and didn't go to the board of elections within the four day time period to get their vote to count voting the provisional ballot. I worked as a poll worker, and I urge you all, if you've never worked as a poll worker, maybe some of you can't, but obviously with your position, but at some point in time to work as a poll worker. in the last three elections. And in those last three elections was when the voter photo ID was in effect. I worked in a suburban Columbus location, six precincts, 24 people, 24 hardworking, I call them the pillars of democracy, poll workers working there. Everybody, everybody applied the voter photo ID, from the people that check you in, which is called the roster judge, to the voting location deputy and manager, which I was a deputy, and to the people at the provisional ballot table, which I often worked. And I got to tell you, we all applied the law. I saw at least six people that didn't have, they had a license they were registered voters but they didn it was expired that were sent away voted a provisional ballot So we as election workers applied the law and we didn care whether it was in the Constitution or whether it was in a statute as you passed in 2023 You know, I know that the sponsors have talked about the importance of how many people love this voter photo ID, 80 percent. I agree with those numbers. I have no reason to dispute those. But a constitutional amendment should not be a popularity contest. If it was a popularity contest, then what we should do is bring a constitutional amendment with this for vote by mail and early voting. because the latest poll I found in 2022, 78 of Americans support early voting in one way or another. In fact, in 2024, 2.6 million Ohioans cast their ballot early. That's 45% of all the people that voted. We have had early voting like this for the last 20 years. So if you want to make a popularity contest out of this, put early voting in here in addition. I tell you, I have a fear of a couple things in this law. Number one, it allows the state legislature to make the deadline to cure a provisional ballot without voter photo ID any time, which could be 7.30 p.m. on Election Day, for that matter, which gives the voter absolutely no time to go renew their license and come in and vote and have their vote counted. The other thing is, the way Section C is written, it is a forerunner and could easily lead to the legislature banning vote-by-mail by choice, which apparently the Secretary of State candidate wants, and doing away with early vote. I know that Senator McCauley said we're not going to do that, but you know what? If you're not going to do that, put it in the amendment. The other thing is you're limiting it to documents. A hyper-technical judge could read documents as not an electronic document, like the Ohio Mobile ID, which over 100,000 people have. That's a mobile driver's license on your phone or on your iPhone, which, by the way, will get you through TSA in the airport, but won't get you to vote a ballot in Ohio. The other thing is that we're stuck in 1960s documents provided with this amendment. You know, there are other things like facial recognition, Other things that are much more accurate in telling people and identifying people which are totally out with this amendment. I know that one of the things that everybody has been arguing is the faith in the system. Passing a constitutional amendment will not increase that faith. what will increase that faith is, well first of all I know, you know, if I can see the vote the advertising for this campaign to pass this amendment get rid of voter fraud, voter fraud is rampant, you're just feeding in to people understanding not misunderstanding of this We have to as both sides of the aisle communicate to our constituents communicate to the public communicate to people in general, on TV, radio, whatever, that voter fraud in Ohio is extremely rare, that 27 people out of 5.8 million in 2020 were charged with fraud, but the charges may or may not have gone anywhere. That's .0005%. We need to, as folks involved in election, to make sure the public knows that. When the public knows that, they will have faith in the system. And it's not going to happen with a constitutional amendment which puts us into 1960s technology. I would say that probably the best thing to do is make sure that you let your Board of Elections know in your district and the Board of Elections employee what an amazing job they do to keep Ohio elections fair, secure, safe, and good for voters. And congratulate the 30,000-plus poll workers that take their time, precious time, for very little pay to make sure democracy occurs in Ohio. That's what we should be focusing on. Thank you very much, and I'll be happy to answer any questions.
Thank you very much, Mr. Topper. Do you have any questions?
Representative Sinningberg. Thank you, Chair. Thank you for being here and testifying today and taking the time to be here and for your service as an election watcher, poll worker, et cetera. So my question is, you, in your testimony, said that the polling data is about 80% of Americans believe that we should have voter ID laws. And I know one of my colleagues, Representative Stewart, mentioned the same number, saying 80-20, meaning this should be a no-brainer. My question is, and you've referenced this, while 80% may favor voter IDs, do you know how many people today are here testifying for and against this bill?
Through the chair, Representative Senev. Sorry, this resolution for a constitutional amendment, not bail. Okay. Sorry. No, no. And as far as I know, there are no studies that show that. The only studies that show are the ones that say, without really any reservations, given any options or whatever that, on, like for instance, if you don't have an ID, like many states do, sign in an affidavit that you have an ID. So, yeah. But that's the only data that we have, not as to favoring this constitutional amendment. But I face it, it's only been around for two weeks. And so I don't even know if there's time to get any polling done. Okay.
My question is, do you know how many people, how many proponents and opponents there are written and in person for this bill today? Sorry, for this resolution.
I'm sorry. State that again, Representative. Do you know how many proponents there are here today as well as opponents for this constitutional amendment? I know the sponsors, proponents. They were obviously the sponsors. And I think there are some people that are testifying as opponents but they actually proponents I don want to misrepresent that but the majority of the people here are testifying as opponents Okay Yeah Yeah correct I think it 78 to 2 opponents to proponents Thank you Any other questions? Representative Russo. Thank you, Madam Chairwoman. Thank you, Mr. Topper, for being here. I want to ask specifically about, you know, there are a lot of claims here that this simply reflects current law. But what I asked the sponsors last week was that unlike current law, there are actually some key differences, but unlike current law, this constitutional amendment does not provide for access to quote-unquote free state ID. And I want to be clear, it's not entirely free because you still have to pay for the underlying documents that are necessary to get this state ID that has no fee associated with it. In 2023, when we passed the new, we've always had voter ID, but when we passed these new photo ID requirements, which are much narrower, there was a provision added for the free ID piece because there was concern that it might in fact conflict with the U.S. Constitution's 24th Amendment. And so I'm curious what your thoughts are, you know, not having that key piece in this constitutional amendment language that there is no provision for quote-unquote free, an option to free ID, which essentially opens the door for a poll tax. Through the chair, Representative Russo. So, see, that, what you've just pointed out, is a problem when you make a statute into a constitutional amendment. Because there are things that get left out. There are things that should be in there, such as, you said, providing free state IDs to people, you know, so that they can vote. And so that is one of the major issues. And that is why we should allow the legislature to legislate what is going on and put it into the Title 35 of the revised code as opposed to making it a constitutional amendment. Quick follow-up. Yes. So through the chairwoman, Mr. Tupper, quick follow-up to that. Does that open up the door to additional litigation perhaps in federal court or maybe even state court? I'm not sure you're the attorney. I'm not. If that protection is not added into the state constitutional amendment, I'm sort of curious what your take on that is. Certainly. Through the chair, Representative Russo, the ultimate person that's going to be deciding this, obviously, will be a judge, common pleas court judge. And the common pleas court judge is going to look at the Constitution, all right, and probably not look beyond what is in the Constitution to determine whether or not. That's why I say with document, you have a judge, a common police judge, who could say an electronic, like for instance, the electronic document that veterans have that is presently ID but not set forth in this. And a judge could easily say, no, documents are not electronics. Very similar. If it's not in the Constitution about providing the free ID, it's not going to be, I'm not going to allow out. So that is a major problem. Thank you. Any other questions? Representative Young. Thank you for being here this morning. I do have a question. So you're assuming that there will be a constitutional challenge to this. Is that correct? Through the chair, Representative Young, I am not necessarily assuming anything, you know, constitutional challenge. The constitutional challenge, if there was one, could come from anybody. It could come from the right. It could come from the left. It could come from the center, from Democrats or Republicans. That's something that we don't know right now. And that's something that makes this amendment a little scary for me. Follow up. So it's just an assumption. That's what I ask you, yes or no. Is that an assumption that you have? I, through the chair, Representative Young, it's an assumption, but I think it's a reasonable assumption. Okay. Follow up. So you're saying that a common pleas court judge, probably in Franklin County, has the skill and intelligence to take on this case? Well, through the chair, Representative Young, I have a lot of faith in judiciary, as a lot of my colleagues do. And whether it goes, because if it does, you know, it's going to be decided by a common police judge. It could even be decided by a federal judge. All right. A federal judge, a Trump appointee. It could be, you know, or a Bush appointee. All right. And ultimately, it's going to go to the court of appeals. maybe in Franklin County, maybe in another county, and then to the Supreme Court, because it's going to be the Supreme Court of Ohio or a federal court that decides that. One more follow-up, please. So you've already set the plan, you've already set the path, and so I guess we don't have anything else to talk about as far as your testimony is concerned, as far as I am. Thank you. Thank you very much, Representative Young. Representative Oslake. So perhaps to lighten the mood, good to see you, my friend. We've done a lot of work together over the years. But you did hearken back to the 1960 election. And looking in the room, there might be two or three of us that do remember in person the 1960 election. So thanks for bringing it up. Mr. Topper, thank you very much for being here. Thank you very much. Ms. Representative Russo? Thank you. Thank you, Madam Chairwoman. I want to make sure everyone got their first round of questions. I want to dig in on this document issue, because this was something I also brought up with the sponsors last week. Because the language is very specific in the constitutional amendment and it refers to document, that is my question. As we think about how identification may change with technology, presumably far more accurate than our current cards that get used. and I referenced also the U.S. military now is moving towards getting away from the cart form of ID. You know, I raised this question, and one of my fellow committee members used Google to search the term document. I not sure of many judges that use Google to search the term document But can you just give us a little bit more information on potential interpretation or non and reminding us what would be required to update you know if presumably far more accurate technology becomes available, whether it be biometrics, you know, whatever, things we probably can't even imagine 10 years from now. What would be required to actually update this language if it appears in the Constitution as a quote-unquote document? Through the chair, Representative Russo, to answer the first part of your question about the interpretation of the board document, everything referred to in this constitutional amendment is basically a physical paper. document. So when a judge is looking at the term document and they see everything else as a paper document, an electronic document like the mobile ID would not necessarily be, maybe according to some judge, part of what a person could present. The other thing is, I don't know, and that's the problem with making a constitutional amendment out of what should be a statute and what has been a statute for the last three years and worked very, very successfully. And that is to try to extend to biometrics, extend to electronic documents with this language. And I don't know if it can be done unless you want to put those words and don't only make it a state or a federal document, but a city or municipal document, or a student ID document, which is by a state university. But you're going to have to do a lot more with this amendment, which I don't know if you can without making it an extremely long amendment. And that's why I say keep it a statute. It's worked for three years. Let it continue to work. Thank you. You're very welcome. Representative Sinnenberg. Yes, thank you, Chair Ray. One last question. Sure. In my opinion, we've seen sort of an attack on the judiciary at the state and federal levels. And my interpretation of my colleague's question earlier was in implying that a Franklin County common pleas judge would hear this case that that was an attack because of the way the question was asked, I believe. And your testimony was, you know, he tried to get you to say that the Franklin County common pleas judges aren't qualified. Do you, before you're done here, want to rebut that? And, I mean, because what we're, basically it's a Franklin County judge or however many of the 99 of us here. And, you know, since we're not doing this the normal way in terms of the signature, you know, we're substituting our judgment, the 99 of us, for all 12 million Ohioans about whether this should be on the ballot. So do you just want to comment on whether, who's more qualified, an individual judge or the majority of the 99 of us, or 60, whatever the number is? Through the chair Representative Sinneberg I happen to know a lot of the people who are Franklin County judges They very well qualified I worked with them in court I worked with them when they were trial lawyers And it doesn't necessarily, and so I have ultimate faith in the Franklin County bench and the Franklin County appeals bench, which is amazing, an amazing group of legal scholars. Thank you. Mr. Topper, thank you very much for coming in today. Thank you very much. I appreciate your time. I'd now like to call up to the podium Steve David from All Voting is Local Action for opponent testimony. Welcome. Chair Ray, Vice Chair LeRae, Reagan Member Brent, my name is Steve David. I'm a lifelong Ohioan, and I serve as the state director for All Voting is Local Action Ohio. We're a nonpartisan group advocating for voter access, and I'm testifying today in opposition to HJR 9. A lot of what I'm going to say echoes the comments of Mr. Topper as far as my top lines here. But I want to start with the fact that the rapid movement of HJR 9 is to me an unfortunate example of the legislature's failure to dedicate attention and resources to addressing the most real and pressing problems facing Ohioans today. It is disheartening to see the members of the General Assembly move with such concerted effort to put a policy that is already law into our state constitution. We could use this kind of concerted attention to our rising energy prices, the massive tax giveaways to tech companies for their data center projects in our state, or for the housing costs that are straining our families in real time. We see that this body can align its efforts when the political will exists, and I ask that you apply this concerted attention to the actual problems facing Ohioans. But instead, we have H.J.R. 9. Now, as Mr. Topper said, there are certainly ways the General Assembly could use the constitutional amendment process to preserve and strengthen our elections in Ohio. We could codify no-fault absentee, a method used by millions of Ohioans who are primarily older adults to help guarantee their access to voting and make their voices heard. We could safeguard early in-person voting, a method that is used by working people of both parties to avoid long lines and conflicts with work and care obligations on Election Day. Instead, we are seeing another restriction that will ultimately block Americans from voting and another barrier to the ballot box. And again, why do we not see language in this resolution that ensures the state offers a free ID to citizens to prevent this from turning these requirements into a new poll tax? Instead of a good policy to support robust democracy where all eligible voters can have a say in crafting the solutions to our shared challenges, we have this rushed constitutional amendment process to push solutions to a problem that is fabricated by many of the same lawmakers who are pushing this resolution. Now, I would like to emphasize that the most revealing part of this amendment is indeed in Section C, which appears to reveal lawmakers' future intentions. So rather than installing protections for Ohio voters, the General Assembly is telegraphing its intentions to restrict early in-person voting and eliminate the no-fault absentee system. This committee is already hearing bills that would require older adults to make photocopies of their IDs for vote-by-mail and would ban sending absentee ballot applications that help promote participation. No one should be fooled by statements from the lawmakers behind this proposal that they do not intend to further restrict voting options that Ohioans deserve and rely on. There would be no need to explicitly include this language in the Constitution that now lays the groundwork for these options to be taken away from our neighbors Proponents of this measure talk about the need to build voter confidence even as they are continuing to cast doubt on our elections and the dedicated community members who administer them If we want to increase voter confidence stop casting doubt on our elections and their administration Stop pushing anti-voter policies into public discourse as a mechanism to solve a problem of your own creation. Instead, we urge this committee to use the legislative process to support Ohio voters by passing pro-voter policies. For example, the most common reason that provisional ballots are rejected in Ohio is that people show up to vote on Election Day and are not registered in advance. Policies like automatic voter registration could alleviate one of the biggest pitfalls that voters actually face when trying to participate. Other common sense solutions include online absentee ballot requests, allowing multiple vote centers or ballot return locations per county, extended early vote hours on the weekends, and dedicated funding for our boards of elections through the legislative process. There are many tangible ways that we can build a more efficient and resilient election system, but none of them are addressed in the resolution before us. I urge you to vote no on this amendment, or at the very least, remove Section C, which is plainly the roadmap to block more people from having a say in their government. Thank you very much for your time. I'm happy to answer any questions. Thank you very much. Do we have any questions for Mr. David? Representative Plummer. Thanks for coming in today. Kind of looking you guys up online. Looks like you got a lot of grassroots dollars. Do you guys use ActBlue as your primary funding source? Through the chair to Representative Plummer. I'm not sure of our primary funding source, Representative Plummer. I know the work that I do here in the state of Ohio is through a lot of our coalition partners and dedicated volunteers who are plugged into the election process day in and day out. Just two weeks ago, I helped host a poll worker debrief for poll workers who worked the primary election. And so these were folks that had taken their time, like Mr. Topper and others here, to work the polls on Election Day. And I heard a story in that meeting of someone who had an older adult who was in her 90s show up to vote on Election Day with an expired ID and was eventually turned away. And so it's stories like that that I hear through the work that I do with grassroots groups every single day that informs my testimony here today. Any other questions? Representative Russo? Thank you. Thank you for being here today. I am curious. So I've seen some studies that show that the underlying documentation to obtain photo ID can average anywhere from $75 to, I think, $175. Again, depending on which form of photo ID is being obtained. I guess my first question is, you know, does your organization have any experience with this and how those cost barriers present themselves? And second, the reason I'm asking this question, because again, I'm going to go back to this amendment does not reflect current law, which is to provide for a free state ID, free, quote unquote free, not addressing the underlying documentation. and your thoughts on that particular component. Through the chair to Representative Russo, my organization did a study of the cost of some of these documentary, the cost of obtaining the documents necessary for voter photo ID. I think that the national analysis that we did had pegged that number somewhere around $104. And so that's not an Ohio-specific one. But the thing I think that resonates most with me, as someone who is a licensed social worker in my work, is what you point to of the cost that are not necessarily monetary, but just the administrative burden of having to work this into your life to go and get the documents to do the errands to be able to meet these requirements. And I think that's something I hope is not lost here, is that when we put these restrictions in place, they create real barriers for folks whose lives are like full to the brim already. And so, you know, I'd be happy to provide you or the committee with the analysis that all voting did about the financial costs. But I think that additional administrative burden, I think, is the thing that really concerns me. And this is a sacred and fundamental right, as was said by the sponsors of this legislation, like in the press conference when they announced it. And so I think that this committee should be dedicated to making sure that we are not erecting unnecessary barriers for Ohioans to be able to exercise those rights. A quick follow-up on that note. When that provision was added to state law in 2023 about the free state idea, again, it was because of concern that there may be potential issues with the U.S. Constitution's 24th Amendment. But, you know, I've heard some conflicting information about how readily available or known it is to many of the people who we would want to have access to this no fee state ID. Just in your experiences through your organization, can you comment on, you know, do you think that the I'm going to call it a no fee because it's not really free. The no fee state ID is sufficient, and should that be a protection that is added to this constitutional amendment? So I would certainly advocate for, if we're going to push forward this amendment, which all, through the chair of the representative, if we're going to push forward this amendment, which all signs point to that, I feel like a simple addition would be codifying the fact that folks should not have to pay a monetary fee in order to get this photo ID. I do think that you point to something that is important, though, about this education piece and whether or not folks will be aware of the ability to receive that free ID. And in the work that I do, I see time and time again how big some of those education gaps are with our voters. In work I've done as a nonpartisan poll monitor on Election Day, standing outside trying to help folks at their polling location, I remember I was at New Ohio State University one time and I had three students come up to try and vote between 7.30 and 8 o'clock. So that's a pretty simple cut and dry voting thing, like polls close at 7.30. You hope everyone knows that, but these information gaps are real. And so even to assume that, oh, it's in the Constitution that a free ID can be available to you, we have not historically invested in our boards of elections in order to be able to do that voter education at the scale that is necessary. So I would certainly be concerned that even if it is included, folks would not be aware, just because I see those information gaps with voters, especially low-propensity voters, infrequent voters, like on the regular in my work. Thank you. Any further questions? Representative Sindenburg. Thank you, Chair, and thank you for your time and effort in being here today and testifying. Do you know how many Board of Elections members there are in the state of Ohio? I feel like I should. Through the Chair of Representative Sindenburg, I feel like I should know that total number, what is going to be like 88 times 4, and then not including their staff and everyone like that. So no, I don't have that specific number available to me. Okay. But you know the formula. It would be 88 times 4. The number is 352. And those are equally Republican and Democrat, 176 of each. And if we count the directors of each board of elections we add 88 and that would be 440 correct Yeah sounds great And do you know how many of those people that actually live and breathe these elections equal number of Republicans and Democrats, 440, do you know how many of them are here today as proponents of this bill? Through the chair to Representative Sindenburg, no, I do not know how many of those folks have submitted testimony. It's zero. Can I have a follow-up? Quickly. Okay. Yes. With all due respect, you've taken the time here and effort to be here today to testify. How does it feel knowing that someone who's not here today and hasn't taken the time and effort to be here today to testify his opinion on this issue, this resolution is much more important to this body than your opinion. Through the chair to Representative Sinnenberg, I would point there to the pace at which we learned about this amendment and has moved through the process, the fact that this started a week ago. I feel like something of this amount of importance of talking about what our voting laws are in the Ohio Constitution should certainly be given a longer timeline to provide an on-ramp for those folks who are most directly impacted by the administration of our elections to have an opportunity to weigh in on the measure. Thank you. I do have one question. During your testimony, you referenced the fact the bill that is going to prevent unsolicited or unrequested absentee ballot applications. Didn't we just have a court case where a woman who was not legally qualified to vote had to defend herself in court because she was given, she assumed she was given the right to vote because a government employee at a BMV office had given her a registration form. What are your thoughts on that? Are we setting people up for failure? So to the chair, Representative Ray, I think that that example you give is a good one in the way that we need to make sure that our BMV employees are educated on the things that they are telling voters. I would point to Representative Bird's testimony in HB 586 on the absentee ballot request forms, where he said that he was bringing it forward because of confusion amongst older adults in his district. And the confusion that he cited was not, why am I getting these? But was, in fact, why am I not getting them? And so we know that there are multiple safeguards in place with the absentee ballot system. You have to sign your name multiple times. The board is checking it. But I think that if we're trying to eliminate voter confusion, and we heard from that testimony that these folks like to receive the absentee ballot request form. And so this case of this woman who was able to argue her defense through entrapment is certainly a tragic one. And I hope that the Secretary of State is allocating funds to make sure that our BMV workers know the laws and everything like that so that that kind of situation doesn't happen. But I also think points to this larger pattern we see of folks who make these kind of mistakes are often like is that exact case that they are making mistakes that once again are getting to this information gap where they have not been properly informed about what the laws are rather than some malicious intent about manipulating our election system. Thank you. Representative Brent. Thank you, Chair, from the Chair to the Witness. Thank you so much Steve for providing testimony Just for a clarification for people at home for the grandmas at home the B are privately owned So it not like it was an unsolicited voter registration form that came from a government entity. B&Vs are still privately owned within itself, too. But I specifically wanted to get back to line 28 through 30 that talked about our acceptable IDs within this document, well, this resolution. So when we talk about acceptable identification, they talked about things that were given by the state or the United States. How does this resolution tie the hands of us here as the General Assembly down the road when we talk about identification? So through the chair to the representative, I think what we're hearing here today is a lot of concern from you and your colleagues about what types of options may be available. in a rapidly changing technological landscape, I think that once again, this points to another place where this amendment should be given more time to consider some of these finer points that we don't want to be putting into the Constitution unnecessary restrictions that make it harder for a multitude of IDs to be able to be used in the future. Follow up. Follow up. Thank you, Chair, from the Chair to the witness again. You also talked about in your testimony about how our BOEs are underfunded, and that's how we in the General Assembly should be focusing on funding our BOEs. Since more likely this is going to increase the amount of provisionals with implementing this, what does that look like in implication if we're not fully funding our Board of Elections? Through the chair to the representative, I think this is one of the most critical places where the legislature can intervene to be able to actually strengthen our election system is through allocating additional funds for boards of elections to be able to do their work. And as you point to, this work that is increasingly complex and through these constantly changing regulations and laws that are being passed by the General Assembly, where our boards of elections are then forced to adapt with the same budget as before. And, you know, it makes me think about when the Secretary of State most recently had grants to boards of elections for security upgrades. And I was talking to a board who was not necessarily able to even update all of his computers to the next version of Windows with that amount of money. And so when we've seen this explosion in the number of provisional ballots post-HB 458, where we saw an additional 10,000 provisional ballots being cast in subsequent elections because of that law, we need to make sure that if we are going to be changing things on the front end of our election system, we need to be adequately resourcing them on the back end so that folks can do their jobs. Thank you, Chair. Representative Young? Yes, thank you, Madam Chairwoman. I have a question, and I'd like you to explain the logic of what I'm going to ask you. People celebrated the constitutional amendment of we tried to raise the threshold to 60% voting, to get 60% of the vote in order to amend the Constitution. And now we're trying to amend the Constitution, and you're against that as well. you praised the other part which opens the door for other individuals to put forth legislation like this. What the conflict here I mean what the logic behind From the Chair of the Representative could you clarify what you meant by celebrating the amendment Because I certainly see a disjuncture in the logic of the legislature where in recent years it was 60% was what we needed, and I hear no talk of 60% being needed for this particular amendment. Representative, could you explain a bit more about your question, what you're asking? What I'm saying is that the 60% threshold was defeated to try to protect the Constitution from legislation coming forward that people disagreed with or whatever. But here we have a situation where the threshold, because that threshold is not met, that those issues are now available for anyone to put on the Constitution. So through the chair of the representative, I'm here today talking about H.J.R. 9 and the fact that I think that it is a bad constitutional amendment to put into our Ohio Constitution right now. I'm not going to speculate on other kinds of amendments or things at this point, but my testimony today is concerned with the serious flaws that I see in this amendment and also this unnecessary inclusion of a section that lays the groundwork for future restrictions on ballot access. And my organization and the work that I've been doing for decades here in the state of Ohio is about voters having access to the ballot because I believe it's a fundamental right of theirs to participate. And so that's what I'm trying to focus on today. Thanks. Thank you very much. Thank you very much, Mr. David. Thank you. I'd now like to invite Gary Daniels from the ACLU for opponent testimony. Mr. Daniels, welcome. Thank you, Chairwoman. Chairwoman Ray, Vice Chair LeRae, Ranking Member Brent, and members of the House General Government Thank you for this opportunity to provide opponent testimony on House Joint Resolution 9. My name is Gary Daniels, Legislative Director for the ACLU of Ohio. The ACLU of Ohio's opposition to HJR 9 is much less about the underlying policy issue of photo IDs for voters and much more about taking away valuable policy and legislative time to quickly place an unneeded constitutional amendment on the ballot for purely political reasons. Of course, photo ID for voting is already law in Ohio. That was accomplished because of quote-unquote fraud concerns. Even though here in Ohio voter fraud happens so infrequently, is so extremely uncommon, it can statistically and accurately be framed as happening 0% of the time. However, swear to people over and over, there are bad actors behind every corner spending all their waking hours trying to subvert Ohio's already stringent voter ID laws and throw our elections. And some of these people may, at least temporarily, forget their substandard or complete lack of health care, their falling wages, their struggling schools, and continually climbing prices for essentials, utilities, and everything else, among many other concerns. Meanwhile, voting keeps getting progressively more difficult in Ohio as this body chips away at election laws over the years, always to make it more difficult, but never to facilitate voting and expand the number of qualified voters. Indeed, one wonders what HJR 9 authors and supporters intend with the aforementioned language tucked into the end of the resolution that reads, nothing in this section requires the General Assembly to pass laws allowing electors to vote in any location or manner other than in person at a polling place on the day of an election. Ohioans overwhelmingly passed. an abortion freedom amendment two and a half years ago. Yet today, numerous anti-choice laws remain in the Ohio Revised Code, obviously in violation of the Ohio Constitution, but untouched by the General Assembly. Over ten years ago, the Supreme Court of the United States upheld marriage equality for same-sex couples, including here in Ohio. Yet the prohibition still outlawing, or quasi-outlawing, it remain in our state constitution and the Ohio Revised Code. The ACOE of Ohio respectfully submits those examples. Also involving Ohio's constitution are just two issues, among many others, well overdue for attention from this body. But instead, here we are debating rapidly enshrining something into the state constitution that is already law, that no one anywhere in Ohio is angling to change while so much more goes ignored and unaddressed. Again, for purely electoral reasons, not policy ones. For these reasons and more, the ACOE of Ohio urges this committee's rejection of House Joint Resolution 9.
Thank you, Mr. Chairwoman.
Thank you, Mr. Daniels. Representative Matthews?
Thank you, Chair, and thank you, Mr. Daniels, for coming in. I appreciate your statement saying it's not with the substance. It is rather than timing and process. But I see, like, the ACLU has consistently said that the Constitution, even when there is statutory protections, that having constitutional protection for things that rise to the level of crucial rights is necessary. And I'll quote from the ACLU's website on why we're supporting the Equal Rights Amendment, even after Title VII, Title IX, the Equal Pay Act, Ledbetter. Without the constitutional amendment, those gains are all too subject to the whims of Congress and the courts. Passage of this amendment is the next logical step towards guaranteeing these rights. And I would say that having what we already have here in statutory is great, and it's a similar analogy to these types of equal rights amendments, and would think that if it's going to be a process argument, that this totally aligns with the published statements of the ACLU.
Through the chair to Representative Matthews, I think the example that you use, and you can find many others of our support for constitutional amendments for this issue or that issue, I think the difference between those examples and this example is that when we do this, we are doing it hoping to make things better. We don't see HJR 9 as making things better, as advancing the ball. We do know that Secretary of State LaRose referred to the federal government for prosecution a year ago 1,200 cases of suspected voter fraud and voting allegations. Admitted by that office was that only 167 of those involved illegal voting over the past eight years, when 27.5 million ballots were cast. by my math, that is 0.0006% of the time that we have some level of what we think is demonstrated voter fraud of the type that HJR 9 basically addresses. So we see this, again, as unnecessary with regard to what is going on in context of the world around us But we certainly keep supporting ballot initiatives that we think improve things So through the chair if that the case would you like to change your testimony that says that your opposition is less about the underlying policy issues quoted there from your paragraph and then later that this is enshrining something in a state constitution that is already law,
So then this isn't making anything worse by your statement that this is already the law. So would you like to update your testimony for the committee?
Through the Charity Representative Matthews, the only thing that I think in retrospect where I would like to update or edit my testimony is with some of the wonderful suggestions made from past witnesses and perhaps future witnesses, that there are positive things that could go into this resolution that would help facilitate voting. Otherwise, what I'm hoping not to do is sit here, although I'm willing to do so, but debate about the issue of photo ID itself. That ship has sailed. We're not here trying to argue the merits of photo ID versus not photo ID. What we're saying is that we at the ACLU of Ohio, we see people struggling mightily every day with a variety of things, and those issues are going unaddressed. And we're spending time here with these discussions. We can work with anybody in this room, legislators, on particular issues and would love to be able to do so. We have issues, I think, that at least one that everybody can respond to depending on the person. And so we want to work to make Ohio a better place. We don't see this as doing that. Thank you.
Any other questions? Representative Brian Bailey.
Thank you, through the chair, and thank you for your testimony today. Before you sneak out, Rev. Matthews, thank you for a great question. I thought we were just going to keep getting buzzwords and fill out the bingo card, but I'm glad we're back on track. I do want to ask, for this in particular, you know, the resolution does meticulously limit acceptable photo identification to state issues driver's license, passports, select military IDs, which is fairly narrow as we think of how IDs and things are evolving. But I'd love to kind of hear, as you all have been tracking this at the ACLU, how will permanently kind of lockboxing these IDs from these narrow definitions alter our longer-term voter participation, especially when we're talking about student IDs from our universities, tribal IDs, when we're thinking about mobile workers or even low-income Ohioans who frequently have BMV expired licenses, what are the impacts on our long-term voter participation?
Through the chair to Representative Brian Bailey, it's a good example of what is missing from House Joint Resolution 9. Perhaps we could be talking about additional IDs. Some of these IDs probably don't, at least in some areas, contain the necessary information for voting, but that could change. I'm thinking particularly of college IDs. I'm sure you'd have universities out there and say, look, if we don't have the necessary information and documentation, we can do that for the purposes of voting. Maybe it's hunting and fishing licenses. Maybe it's something, anything, to expand the world of acceptable IDs in a way that does not facilitate or allow for or encourage fraud. I'm confident we can do that just the way we do now. But in any of those instances you going to be leaving some people behind some people who have a whole lot of trouble getting that underlying documentation whether they elderly they in assisted living they in nursing homes they don have a whole lot of money they work two jobs three jobs etc etc These are the types of folks that we see oftentimes get left behind with regard to these types of changes. And so putting something in the Constitution, of course, it makes it very inflexible. You can't, of course, just change it with the General Assembly passing a bill. You have to go back to the ballot box or a constitutional convention, but of course we're not going to do that. So that's always been our overall concern with photo ID, is that there are some people who quite clearly are going to be left behind when you talk about continually making Ohio's photo ID laws more and more stringent.
Any other questions? Representative Brett.
Thank you, Chairwoman. From the chairman to the witness, Chairwoman, excuse me, to the witness, thank you for always coming and providing ACLU's legal analysis of this, particularly when it comes to how elections work. Right now, this resolution is going to basically say that we're only going to be able to vote on Election Day at one location. Where are your thoughts or where is ACLU's legal analysis when it comes to this language specifically, when it comes in reference to how we are able to use like drop boxes, voting by mail, early voting. You know, these are things that are protected by law, but they won't be protected by the Constitution. What is ACL's legal analysis of those things not being protected in the Constitution?
Through the chair to ranking member Brenda, I'm not sure it requires a legal analysis as much as just sort of an analysis. But you can see where this is all going. This is to keep more people from voting, not facilitate voting. The examples that you talk about are ones that facilitate voting, some of them wildly popular on a bipartisan basis when it comes to voters. But we're not here talking about enshrining that into the state constitution. If that was there, we would certainly be here pointing it out and celebrating its inclusion. but I think it reveals much of what's going on here. This is to make voting more difficult, not easier. And so we would love to see changes to everything you mentioned, but not only does it not make those changes, but it has that concerning language that you point out that seems to be greasing the skids for future changes, perhaps future constitutional amendments of this type that will make it more difficult to vote.
I do have a follow-up, Chairwoman. Thank you. Again, to the witness, in reference to lines 39 through 40, particularly when it comes to adding all this to the Constitution, particularly we have our local board of elections, and the previous witness talked about how they're not properly funded. That's just stating that one statement, too. But also particularly our local boards of elections also normally have judicial review when it comes to our provisional ballots and other things, even when it comes to IDs, they get the final say-so. And that becomes our check and balance within the system. What does that look long-term when we don't have that judicial review ability for our local board of elections when it comes to elections?
Through the Charity Ranking Member, Brent, what I do know about that in particular, I think it's a very similar concern, is what Mr. David had brought up earlier about the lack of funding for our boards of elections. And to hear people come up because I hear from the same people that you do that sit back there and listen to people come in and testify on behalf of boards of elections or they individually have served on boards of elections And they talk about how much they call it a crisis of people losing experienced people who have been working the polls over the years for many years that are tired that are burnt out You know, there's people hounding them for this reason and that reason. And they have begun to stop volunteering to be poll workers. And that is a very real problem, especially when every year or two we are here changing election laws. So you have people who are very underpaid serving many hours on election day at a polling location who are then expected to be like sort of quasi-experts on election law at any given time. And so it's just, I think, another example of where action would be welcome from this body to address that particular issue. It would certainly make HJR 9 land at least a little bit softer, knowing that we would have a full team of capable people working the polls on Election Day. And listening to the elections officials themselves talk about this before this body, I don't think that we are there right now. I think we're slipping the other direction. Thank you, Chairwoman.
Representative Young.
Yes. Thank you, Madam Chairwoman, and thank you very much for your testimony. And I like you when you were talking about specific things. You weren't really talking about a broad review of the bill itself, and I appreciate that. But you did talk about unneeded, the amendments unneeded. And so my question is, is it the ACLU's position that election integrity is not deserving of a robust constitutional amendment to protect exactly what you talked about?
Through the chair to Representative Thomas, it's our contention that this particular issue is not something that needs to be enshrined into the Constitution. Because, again, I think it's fair to say that, statistically speaking, this can be framed as happening 0% of the time. And so to say, well, we've absolutely got to rush and put this into the Constitution the very next election and do it, we see it as exactly what happened with gay marriage 20-plus years ago, with the bail and public safety one, with non-citizens voting and making that a constitutional amendment. These are done to attract certain voters to the polls, is our contention. This isn't our first rodeo here. We know what this is about. People don't like to talk about it. People don't like to admit it. They will deny it, but we know exactly what's going on here.
I don't look anything like David Thomas and Jim Thomas. You said represent Tom.
Oh, I'm sorry. I'm sorry. I'm sorry. You gave your name play right in front of me. Sorry, Representative.
I'm actually better looking. Too many bills, too many committees. So I guess my question then, again, if it's infrequent and you just narrowed it down to zero, just about zero, isn't it even more important to protect it by this amendment, by this constitutional amendment?
Through the Chair to Representative Young, we don't think so. We see this just taking up too much oxygen in the space where we could be doing so much more. It's like putting into the Ohio Constitution, you can't strike people with lightning. You're probably, statistically speaking, more likely to be struck by lightning than have somebody engage in voter fraud of this type that HJR 9 seeks to protect. So we don't see this, again, as a policy-type issue. We see this as driven by electropod.
Thank you, Madam Chair Wellman. Representative Sendenberg.
Yes, thank you, Chair Wray. Mr. Daniels, thank you for your testimony today. In your testimony, you say that it's your belief, the ACLU's belief, that we should be tackling the numerous and serious problems facing so many Ohioans. And after we all leave here today, it's expected we will only be back here for two more weeks before being not back here for a five-month period. And so we're limited, obviously, in time in those two weeks with how much we can do. What are some of the numerous and serious problems facing Ohioans that you think we should be discussing instead of this constitutional amendment, which, as you testified, is really not necessary because of the stringent voter ID laws we already have in place. Thank you.
Through the Chair to Representative Sinnenberg, respectfully, I won't rattle off an entire list of things here. We've got a lot of people to testify. I could go on and on. Outside of the civil liberties realm, of course, there are people concerned about AI, and they're concerned about data centers, and they're concerned about a wide variety of things. Within the civil liberties and policy realm that we cover, You can talk about who we put into prison and why the war on drugs rages on unabated here in Ohio. Government surveillance is out of control at the local and state levels. We've got almost no laws regulating it whatsoever in the state of Ohio, but you've got cameras and facial recognition and everything everywhere else. You've got people who can't get drug treatment in their communities almost no matter how long they wait. Many people waiting an extremely long time to be able to do that. There are a lot of even just under the civil liberties. I mentioned, too, in my testimony that are sort of like housekeeping ones. Like, hey, look, we passed a constitutional amendment protecting abortion. Maybe take those out of state law now. Everything that is in violation of that constitutional amendment passed two and a half years ago, but we see no action here in this body with regard to that. But we're going to rush to put this one on the ballot.
Just one follow-up. Yeah. I would add to that list gas prices, affordability issues, et cetera, property tax reform, et cetera, actual property tax reform. But thank you for your testimony. A little outside of my lane, yeah. Thank you for your testimony.
Representative Russo.
Thank you. Thank you, Madam Chairwoman. Thank you, Mr. Daniels, for being here. And I'm so glad you brought up some of the resource concerns because in my conversations with our boards of elections and multiple counties and election workers, everyone agrees that the biggest threat to election security and election integrity is not having the resources or the people to actually conduct those secure elections. Yet that is not what this constitutional amendment is at all addressing is that issue and concern, which will only grow as budget cuts continue at the county level and state level. But my question for you is under Section 3, you know, it provides – it talks in there that anyone who does not have the proper form of ID will be given, as provided in state law, time to correct that or cure the ballot. Yet it doesn't specify even a minimum threshold for that time. Again, I would point out that current law provides for four days to cure those provisional ballots, but we have seen that over the years decrease as recently as I think two years ago of seven days So your thoughts on again there a lot of talk that this just enshrines current law but it in fact does not provide the protections for someone to cure that ballot and your thoughts on not specifying at least a minimum time to cure not having a non-inspired form of ID?
Through the chair to Representative Russo, you're absolutely right. This does enshrine current law, but I think what's crucially important, as you point out, is what it doesn't say. What it leaves out and what it leaves open to interpretation. The issue of a free or no fee voter ID is certainly one of them. I think certainly what that section anticipates is that at some point, perhaps, Ohio will pass something resembling the SAVE Act with regard to photo ID. or Ohio will eliminate free photo ID or no-fee photo ID for everybody. The courts might look at that a little differently or skeptically. But one of the things when we read legislation is what does it say versus what is left out, what doesn't it say. So I think your concerns are well-founded that there's a whole lot of positive stuff that could go in here, but for some reason it is not.
Representative McClain.
Thank you, Chair. Thank you, Mr. Daniels, for coming in. The question I have is, part of your testimony, you talk about voting keeps getting progressively more difficult in Ohio. You talk about that in a paragraph. Is that correlated in the numbers of Ohioans going out to the polls in the election? Because I'm not seeing that. I mean, guess what do you mean by that, getting more progressively difficult, chipping away at election law? We're not seeing that in voter turnout, so can you explain a little bit what you mean by that?
Through the Charter, Representative McLean, I think it's to really get down to who is voting and who is not voting. There's an awful lot that's not revealed just by looking at the number of voters. I think we have to look at who exactly there is that's left out of that process. I don't know that there's some sort of comprehensive study out there regarding this. It's very hard, of course, to track down people, for instance, that might say, oh, I thought I had the proper ID. I showed up to polls. The poll worker informed me I didn't, but that I could vote provisionally, but I need to get back to the boards of elections within X number of days to cure that ballot so that I will be able to vote. For some people, they just see that as an impossibility or an extreme inconvenience because they have many other things going on in their lives. They can't take off work to be able to go and do that. I know there's an awful lot of people who don't come in and provide that ID with regard to provisional voting at a later date. So I suspect that some of the people that we would very much like to see voting that are oftentimes underrepresented in their communities and their government, those are the ones who are suffering the most from these various changes and the changes not made. I think drop boxes are a great example where we'll say, you get one per county, no matter how small the county, no matter how large the county, you only get one. So we're all for, we look at election laws pretty simply. Does it make voting less difficult? Does it make voting more difficult? And if it makes voting less difficult, then generally speaking, again, not trying to encourage fraud or unqualified voters or anything like that, But if it improves voting, we see that as a very worthy, ambitious thing to support, and those are the types of things we support. We don see this as doing that same thing We see this as discouraging voting as putting roadblocks in the way But again we not here really to talk about the underlying policy issue because as I said earlier that ship has sailed It's already state law. Nobody anywhere. It was said in previous testimony, sponsor testimony. There's people out there who, of course, go unnamed, unrevealed, who are trying to change Ohio law in this regard, because that's what we've seen in a couple other states. There's nobody trying to do that here in Ohio. One follow-up.
Yes. Thank you, Chair. One word you use in that paragraph confuses me, and I want maybe a little bit of clarification on it. You mentioned expand the number of qualified voters. You're saying we never facilitate voting and never expand the number of qualified voters. You don't use registered voters or find the people who arguably should be registered, but for whatever reason or not. You use the word qualified. I guess, can you tell me what you mean by expanding the number of qualified voters?
Yeah, through the chair to represent McLean, it's making efforts to make sure that those are qualified to vote, can actually vote. There's a very good and real example there. Thankfully, here in Ohio, if you are, and few people know this or do it or take part in it, relatively speaking, but if you're in jail, you're able to vote in Ohio in your election. You know, that's something that it's difficult to do. I know people that go in there, they register people in jail, they, you know, have them vote absentee, those sorts of things. It's much different for, you know, if you're serving a felony sentence in prison. But, you know, it's an example of, you know, where Ohio could be taking steps and saying, hey, you know, we're looking for more people qualified to vote. You know, we could be doing recruitment efforts about voting rights, what people need to vote. You know, we could be doing it at nursing homes. We could be doing it at homeless shelters. We could be doing it at schools. We could be doing it in a variety of places where voters seem to be, tend to be underrepresented in the voting population. So we would like to see ideally, again, the state taking proactive positive steps, reaching out to people and saying, hey, did you know you can vote? Do you know you need this to vote? You know, please come vote. If you get turned away and you vote provisionally, this is what you need to do. More education on these types of things is always better. But what I wasn't trying to do really is draw a distinction between qualified and registered. Essentially, I'm using that interchangeably. Thank you.
Any other questions? Thank you very much. I would now like to invite Martha Cooper up for opponent testimony. Is Martha Cooper here? Okay. I'd like to invite Eric Watson. Is Eric Watson here? Okay. Welcome.
Hi. Thank you, Chair. Good morning, Chair Wray and General Government Committee. My name is Eric Watson, and I just actually ran for state rep not too long ago in the primary. I've come today with other concerned constituents across District 88 and from across Ohio who are actually with me today. But I just want to make clear that I am actually a proponent for the voter ID, photo voter ID. So let me get to it. The reason that I'm listed as an opponent is because throughout our country, we definitely have been talking about fraud today. And I can definitely assure you that we do have election integrity issues in this nation as well as in Ohio Because any software engineer anybody will tell you that a computer can be hacked It can be manipulated It that simple We don have a gold standard in Ohio by the way With our elections, until we have 100% transparency, we never will. I entirely support a voter ID, but let's not leave loopholes. Let's make sure we do this the right way before enshrining this into our Constitution that could be very difficult to amend in the future. Let us make sure that both the House and the Senate protect the integrity of the future elections by filling in these loopholes. This is why I am a proponent today for House Joint Resolution 9. As a past attendee at the 2020 presidential election integrity hearing, I listened to a full day of testimony before congressional leaders, military officers, professors, and other professionals that agreed that we have a severe election integrity issue in this country. One particular testimony that I remembered was when a military information warfare specialist officer gave testimony to the fact that electronic components inside the electronic voting systems were designed to be manipulated. Pretty powerful. And then these same electronic components in the electronic voting systems for the United States were the same used during Venezuela's election. Now, let's fast forward to this year. A few months ago, the Director of National Intelligence, Tulsi Gabbard, discovered after an investigation that went about 10 years back, the documents discovered inside the CIA proved that the U.S. electronic voting systems were designed with highlighted vulnerabilities within the electronic voting systems.
Mr. Watson, I'm going to stop you right now. We're talking about Ohio's election process and the resolution that is before us today. And I'm going to jump right to that.
Not what you heard when you were in D.C. about other voting systems. It wasn't what I heard. It was on national news. It was from Tulsi Gabbard's mouth, actually.
That's not pertinent to this resolution or what we're talking about today.
I just finished the sentence here, and I'll move on.
Thank you.
You're welcome. which could lead to manipulation. Do you know what the nickname is for electronic voting systems in House District 88? The mystery machines. Because you place your blank paper ballot into the voting machine, select it, and never be seen again. The point is, is that people were more comfortable when there was transparency. And now, of filling out the ballots, verifying the tangible ballots in their hands, and then physically walking it over to the poll worker and handing it to them. So yeah, we have heard a lot about more poll workers. I do agree with that. Knowing that through the whole process, the same ballot cast was the same ballot physically handed to a person and not processed through an electronic voting machine, which excludes that transparent process here in Ohio. So the big question is, why are we continuing to use an electronic voting system with known issues of integrity, lack of transparency, and a huge cost to taxpayers. I can tell you why. Because of money and powerful influence. If you were to actually go back to more of a transparent process that included more poll workers during the ballot verification process, we would actually save millions of tax-paying dollars. I'm here to tell you that I entirely support a government-issued voter ID with a photo. But let's not leave these loopholes in place for digital ID to be used with less transparency and potential manipulation in the future. On page 2, lines 39 and 40, the House Joint Resolution 9 leaves an open door for future legislators to pass legalized digital ID and mobile driver's licenses that would allow them to be used in our elections. This creates more government overreach and the potential constitutional infringements in the future. Exactly the reason why Governor DeSantis banned digital ID in Florida last year. We do not need to allow an open door for big tech to influence our government policy, and any more than it already has with data centers and AI. Furthermore, mail-in ballots should require a photo ID. We talk about having accessibility to voters. Well, if we're going to do mail-in ballots, I think there should be a photo ID. But, as Constitutional Amendment stands, this is not the case. Why not secure our elections further with the required government photo ID for mail-in ballots as well? You need to show a government photo ID for many other things, so it only makes sense that a government photo ID would also be required for mail-in ballots to help protect one of the greatest privileges we have as a citizen. As Vice President J.D. Vance is set to chair the task force to eliminate fraud, it is becoming very clear that we have massive fraud issues within levels of our government. Also, I'd like to point out that Marcel Stjubrich, here today, giving testimony has brought awareness of recent polls showing that 94% of the Social Security numbers are mismatched in the Ohio voter rolls. That's shocking. This is not only why we absolutely need a government photo ID verification for mail-in ballots, but more than likely will tie into the major Medicaid fraud being discovered in Ohio. The current House Joint Resolution 9 would allow future legislators to weaken the current photo ID standards as the constitutional amendment stands right now. Let's truly protect our elections and the voice of the people moving forward. So let us make sure that we close these loopholes with ease and conviction. If we the people were truly represented by the elect, then let these testimonies from Ohioans across the state be heard today. for the very thing that constitutionally gives the people a voice is our secured elections. And I think we can all agree with that. It is the sole purpose that our founders made sure that we would have a government that was truly for the people and of the people. I call on you and other elected state representatives to propose a constitutional amendment that would set a true gold standard for generations to come. President Reagan said, freedom's never more than one generation away from extinction. I'm here to tell you that with all the big tech money and globalist influence, this has never rang more true than it is today. May God guide you all to make an absolute decision that warrants the protection entirely for the people. Thank you very much.
Mr. Representative Young?
Yes, and thank you very much for coming, and you've quoted the Constitution and President's past and their comments about secured elections. So isn't it even more important to secure it based upon what you've just said? No, absolutely, and that's why—
Through the chair, please. Oh, I'm sorry. Through the chair, Representative Young, you're absolutely right. And that why I started out saying that yes I listed as an opponent but I actually a proponent as long as we close these loopholes Follow up So before you leave today give me your driver license I'll keep it for a while and return it to you maybe and store all the data. Is that a good idea?
Chair, Representative Young, can you clarify that exactly? You were saying on a mail-in ballot, I'm going to take a picture of my license and mail it in?
That ain't happening. I'm saying that we need to have a photo of some sort to verify.
How?
Well, that's not my job.
You said it. Thank you.
Representative Brett.
Thank you, Chairwoman. From the Chairwoman to the Witness, thanks for coming to our committee.
You specifically talked about the Social Security numbers were mismatched within your testimony. Now, I don't know, and I don't want to assume what political party you belong to, but I'm assuming you definitely are familiar with President George W. Bush. If you are familiar with George W. Bush, you also probably remember in 2002, and I'm getting to my question, about how he signed into law the Help America Vote Act, Hapa. Okay, because I know you like to be in D.C., so I'm assuming you might have been at that meeting too. So since you probably, maybe you're too young, I don't know how old he is, I don't know. But she said you were too young. She's giving you a compliment, so thank the lady. Thank you, Rep. Bruce. So with the HAVA Act, I actually would address your concerns because it deals with the mismatching of Social Security numbers. And so it kind of addresses that. But so since you are always at DC, why are we weaponizing simple clerical errors that we already have in law, federal law, to address these concerns that you are bringing up about Social Security? Um, Chair, Representative Brent, the whole basis of this is that we've heard even before I was testifying that we have fraud issues. And why is it to think that we don't have fraud issues with our elections when we have these fraud issues coming up with the Medicaid issues that we see now in Ohio, which are definitely going to be linked to overutilization of the same Social Security number, more than likely, for multiple people? So we do know that these things already occur over the years in the medical facilities. Follow up. Yes. I'm not going to address the Medicaid issue because that's actually down the hall, so you're in a different room for that. But I would like to address, because you brought up concerns about wanting to have photo ID, since you love photo ID, I'm going to give you a question. Sure. Now, down the road, our General Assembly could come up with a bipartisan bill to state that we want our state universities' IDs to be a form of voter ID because we want our young folks to vote. They're our future. You are our future. We want folks to vote. But your testimony would actually not – how does that hurt us down the road if we don't allow our bipartisan general assembly down the road to even include state IDs – not state IDs, state university IDs that has a photo on it since you're so pro photo ID? Well, the whole idea is that we need to make sure that we have more transparency. And when we go by simple things like wine or cigarettes or whatever it is you need to show an ID And in a lot of different cases you got to show a photo ID Otherwise you can do it And the point was in my testimony that with one of the most crucial things that elects you guys it gives us a voice is the election process. I think that this is incredibly important to make sure that it's framed in a way not to make it more difficult for anybody to vote. but to make it just common sense. And if we can't get back to just that, and we can't come together on that moving forward, I think we're going to really have problems as a state. Thank you, Chair.
I have a question, Mr. Watson. Have you ever volunteered at the Board of Elections, or are you a Board of Elections member?
Chair, I've been to the Board of Elections meetings. I have not worked at the board or been appointed to the board of elections or anything like that.
I guess my question has to do with absentee ballots and your insistence that somebody put a photo ID of their driver's license in. What exactly are you going to match that photo up with if it's a mail-in ballot?
Well, that was, Chair, the whole reason was is that we need to look at mail-in ballots altogether perhaps.
Okay, that was not your initial contention. Your initial contention in your testimony is we needed a photo ID for a mail-in ballot. If somebody provides their driver's license number but not a photo, you want the photo. To compare it to what?
I think there needs to be some verification process that allows the individual to verify that they are who they say they are. and I don't know why we can't get a copy of that.
What are you going to compare the copy to? Do you see how nonsensical that is? Because if somebody gives you the driver's license number and the alternative is having a copy of the driver's license, what are you going to compare this picture to that you're insisting needs to be submitted?
Chair, the whole idea is that we need to come up with that and figure that out because I'm sure that we can. With all the technology today, I'm sure it's there. But to just have a big open-door policy for big tech to bring legalized digital ID in, I think we're going to have some issues with that.
Thank you. Are there any further questions for the witness? Representative Miller.
Thank you, Madam Chair. Thank you for coming in to testify today. I thought Representative Brent was going to ask my question. but it didn't quite get there, so I'm going to ask it. I'm going to ask you specifically about the sentence that says, according to the Social Security Administration, a poll came back showing that 94% of Ohio's Social Security numbers were mismatched. What was mismatched? Could you explain that to me?
Apparently, when this poll came back, I'm sorry, Chair, Representative Miller, when the poll came back, it was actually showing that the voter rolls were mismatched to the Social Security number for Ohio. So the Social Security number for an individual did not match the individual on the voter roll? From what I understand. This is pretty recent news, and actually Marcel Stribich can definitely talk about that in a bit.
Okay, nothing further. Any further questions for this witness?
Representative Russo Thank you Madam Chairwoman Do you mind providing that study to the committee please if there an actual study or citation
Chair, Representative Russo, are you referring to the Social Security?
Yes.
Okay. And you could just do that through the Chairwoman's office. It was reported as a poll, so I don't know how much of a study it is, but it's a poll.
Whatever you have so that we can take a look at that. Thank you. And I did want to also say that perhaps it relates to earlier on when DHS requested the voter rolls from Ohio, and then they were given over, you know, months ago. So maybe it does relate to that in some way, perhaps.
Yes, thank you.
You're welcome.
Any further questions? Thank you very much, Mr. Watson.
Thank you very much.
I'd like to now invite Christina Camuendo for opponent testimony. Welcome. The podium is yours.
Thank you so much. Chair Ray, Vice Chair Larray, Ranking Member Brent, and members of the House General Government Committee, thank you for the opportunity to provide opponent testimony on House Joint Resolution 9. My name is Christina Camuendo, and I am a resident of Perry Township in Lake County, Ohio. I respectfully urge you to oppose H.R. 9 unless equal voter identification standards are applied consistently to all methods of voting, including absentee and mail-in ballots. If Ohio believes photo ID is necessary to protect election integrity for in-person voting, then similar verification standards should also apply to absentee and mail-in voting. Many Ohioans are concern that HGR 9 would constitutionally strengthen ID requirements for in-person voters while leaving absentee ballot verification standards comparatively weaker or inconsistent. Election integrity requires equal treatment and uniform standards. Voters should have confidence that every lawful ballot is protected and verified fairly, regardless of whether the vote is cast in person or by mail. For this reason, I also respectfully request passage of HB 577 to help strengthen and standardize verification procedures for absentee and mail-in ballots. Applying consistent safeguards across all voting methods would better promote voter confidence, transparency, and accountability throughout Ohio's election system. Additionally, constitutional amendments should be approached carefully. Election procedures are more appropriately addressed through legislation that can be reviewed and adjusted as needed, rather than permanently placed into the Ohio Constitution. This issue is not about discouraging lawful voting. It is about ensuring equal standards, consistency, and public trust across all forms of voting. I respectfully ask this committee to oppose HGR 9 in its current form and instead pursue comprehensive election integrity measures that apply uniformly to all voting methods, including passage of HB 577. Thank you for your time and consideration.
Thank you very much. Are there any questions for the witness? Representative Brent.
Thanks. From the chairwoman to the witness, thank you so much for coming and providing testimony. And as you were looking something up, I am the queen of writing down stuff, so I was trying to take down notes as you were talking. That's why I'm looking down half the time while you guys are talking. But particularly, you said that we need to have photo IDs when people are voting by mail. You wanted to line up to when people are voting at Election Day, just to clarify, not to do anything else. Now, currently, and we have a former Board of Elections person who's also our chair. when people are voting by mail, they have to have a signature, which gets matched up. They have to have an option of a Social Security number, which gets matched up. They also can provide their driver's license or state ID number, which gets matched up to that. What system do we have where somebody's photo, physical photo that's on your ID, which is connected with your state ID number or your driver's license number, What system do we have that's going to match this up, and why is that crucial for that to occur?
Well, I think with a copy of somebody's state ID or their photo, it shows that there is a picture associated with those numbers, not just the numbers being written down. Oh, I'm sorry. I didn't respond correctly. like Chair and Representative Brent. Sorry about that. So it just reinforces everything that's being written down by showing their actual ID. As an election poll worker, a lot of times people have several signatures. So they'll go to write their signature down, and I'll flip it back, and I'll say, this doesn't look at all like your signature. and they'll say, oh, that's my credit card signature, or I don't remember what I used, or sometimes when people get older, like my mother's 92 and her writing is very shaky now. So signatures can change or people might not remember what signature they used. So I think uniformity and consistency is important. I know you don't have the person standing right there, but it's just another measure of, you know, there is a person associated with these numbers that are being written down.
Follow up. Yes, ma'am. Thank you. Well, while we're talking about our parents and people aging in Ohio, we want people to age here in place, particularly in the state of Ohio. I want to shout out the older people because I always like to send stuff out to my senior citizens who are watching at the community center. Most of my senior citizens who watch this committee vote by mail. I don't know how your mom votes. I don't know if she votes by mail or she early votes, but they vote because it might be harder for them to get out of the house, different situations, whatever have you. Your suggestion of us adding the photo requirement for vote by mail will cause a different burden that goes into it. I don't know about you, but I don't have a printer at my home. Like, I don't have a printer at my home. and doing this would actually require people to have to have a photocopy of it. How does that realistically happen when grandma probably doesn't even have a computer? Moms would probably have a scanner or a copy machine at home. How are we going to address these issues without it feeling like a poll tax for our senior citizens, for our military, for people who just want to vote by mail, who got life going on because they can't take the day off of work because they won get paid time off and now you suggesting that we add photo ID requirements and people having to physically have a copy of that Even where I live there one Kinko actually my colleague right here in front in Beachwood
That's the closest Kinko's. I think the other one is way on the west side of Cleveland, so we got maybe like three of them in my proximity. Three places you can physically go make photocopies. I don't know about your neighborhood, but I really doubt they got a Kinko's nearby. So where are people going to be physically going to be making all these copies without having to pay for them? Because then if you bring up the library, that's a whole cost too. Chair and Representative Brent, actually there is a Kinko's nearby. Thank you, Dr. Kinko's. However, aside from that and paying a fee and trying to get out and make a copy, I find it hard to believe that people don't have a family member or somebody that can help them. help them make a copy.
That's considered a poll tax, but thank you, Chairwoman. It's considered a poll tax?
I'm sorry, I'm new at this, so.
Are you aware what a poll tax is?
I mean, like, for, no, no, I'm not. I will say that I don't know what that is. I mean, like, if my mother needs something done and we need to do it for her or help her out, we help her out. I mean, you can't.
Representative Brian Bailey.
Thank you through the chair, and thank you for coming today. Just to clarify, and I hear this a lot in a lot of my committees, for our aging and our senior community, and your mother is so blessed to have you and whoever is still around to help her and care for her. There are thousands, tens of thousands of seniors who do not have that. They're not in a nursing home. They are alone. And so we cannot assume that everyone in our Asian community has a family or a friend or a caretaker. That is simply not true. So I just want to make sure that that is something that we recognize here. We cannot assume that everyone has a loving family or caretaker to help them do these things. So as my colleague was just sharing, at poll tax essentially is I have to pay to exercise my right to vote. And so we talk about free IDs, but there are still some costs to obtaining an ID. If you have to go make a copy of something, there's still a cost to make that copy. How do you get there? You might have to get on the bus to go and make that copy, right? And so essentially, if there is still a fee to be able to exercise your right to vote in any way, then that can be considered a poll tax. So I just wanted to clarify that for you.
Thank you, Chair and Representative Bryant Bailey.
How many people, do we know how many people in Ohio would be affected by that that have absolutely nobody to help them make a copy of their photo ID to get it sent in if they need to for free? I mean, I'm sorry, I'm just trying to.
One is more than enough.
If there's one person, that's more than enough. I'm just curious because, I mean, we can say that, like, I have people that I know, you know, being a petition circulator, I have people that are plenty qualified to vote and they won't vote because of, you know, this reason or the other. Or you know I just feel like you know if we assuming people can do something then you know like it would be nice to have some numbers if that really happening My testimony is about basically that the requirements for voting to ensure integrity and transparency should be consistent between mail absentee or in voting
And that HB 577 passage of that addresses the absentee and mail-in voting.
Excuse me, I'd like to remind the witness again. And we're talking about the House joint resolution before us, not a separate bill. That bill's got lots of other issues that we could talk about endlessly, but they're not before us today. Does anyone have any other questions for the witness? Thank you very much for coming in today.
Thank you.
I'm going to ask one more time. Is Martha Cooper available? Martha Cooper? No? Okay. I'd like to now invite up Marcel Stribich for opponent testimony. Welcome back to the committee.
Thank you. Good to be back with you. Chairman Ray, Vice Chair Larray, and members of the committee. My name is Marcel Sturbich, and for the second time in two months, I appear before this committee requesting equal treatment of voters under the law. Today, I offer opponent testimony of HJR 9 on that basis, that what we're proposing to put in the Constitution is not going to be an equal treatment in the context of verification for a category of voters that our laws created a few years ago, and that is mail-in and absentee ballots, but is applying it in this constitutional amendment against in-person voters. I offer that testimony in that sense. The problem with the resolution is not the goal of requiring voter ID, as it's been discussed today, that's widely understood and unanimously agreed upon, but the unfair and incomplete way that it achieves it. According to the Legislative Services Commission's analysis, passage of HJR 9 would limit the extent to which the current requirements could be changed in the future. That's a key point that I'm going to touch on here. This would constitutionally lock in the existing loophole, or disparity, however you want to refer to it as, preventing future legislators from extending photo ID requirements, should they choose to do that, either with HB 577 or in a future GA, to mail and absentee voting. That outcome would be highly irresponsible of the legislature to close the door on itself for future sessions, especially considering the fact that this is the very same committee that is currently sitting on the enacting statute for this constitutional amendment, HB 577, that would resolve that photo ID loophole and disparate voter treatment under the law. Most Ohioans support universal photo ID, yet many voters will not realize they're being asked to enshrine this clause of unequal treatment. Photo ID for in-person voters only, with no requirement for mail-in absentee ballots. Lines 14 to 16 of HJR 9 explicitly specify the requirement for in-person voting. There's a way when laws or constitution is looked at from a principle of statutory or constitutional interpretation, that when you express one thing, you exclude others. That type of textual interpretation was taken by Justice Antonin Scalia in Intertribal v. Arizona in 2014 when he explicitly ruled against Arizona's attempt to require documentary proof of citizenship because it was not explicit. It had been excluded on the voter registration form at the time. And this is the same premise that this constitutional amendment will fall under. In effect lines 14 to 16 creates a negative implication from the affirmative statement which means a judge who does not see it as some great legal points were brought up earlier when we brought up the common pleas court in Franklin County if it doesn explicitly say it it not going to be something you going to be able to write legislation for. I just want this body, everybody here to understand the restriction piece that that ties to, and I want to frame that in the context of federal legislation, because I think that's informative because we are making a big move. Moving on. In this context, this approach contradicts the fundamental principle of equality under the law. While the U.S. Supreme Court has rejected redistricting based on race, this legislature appears to be willing to embed an unequal treatment of voters in Ohio's constitution. It is especially troubling that this committee, while advancing H.J.R. 9, has taken no action on the enacting statute, H.B. 577. the bill assigned to it that you would actually close the photo ID loophole and restore equal voter treatment under the law. Asking voters to unknowingly approve a two-tiered system, one that has been assessed in the past in a bipartisan way with a higher fraud risk rather than simply passing the ready statute suggests misplaced priorities and risks deceiving voters. We have seen this tactic before. In 2022, voters passed a constitutional amendment requiring citizenship to vote. Yet the legislature never enacted an enforceable law. Ohio still has no upfront proof of citizenship requirement and is relying on federal support to provide that type of information today, which could go away with the next administration. Asking voters to approve constitutional amendments that could be passed by statute is not leadership, it's diversion. Constitutional changes should correct efficiencies, treat all voters equally, and be accompanied by implementing legislation. The committee has a clear choice. Revise HJR9 to require photo ID for all voters or continue protecting an unequal system. I strongly urge you to change line 12 to read all electors shall provide photo identification in order to vote. That is the standard, a very broad standard that would imply all voter categories. Strike lines through 14, which limit the requirement to in-person voting and that's the part that the LSC itself acknowledges that that could form an expression of one thing and an exclusion of the other, limiting your future options after this GA. Strike lines through 39 to 40, which create an escape hatch for weakening that standard later. That's the discussion that occurred around digital ID. And of course, I'll say it one last time because I won't have an opportunity, and I am a constituent now, and this body does work for constituents, pass HB 577 as the companion statute at the same time. With these modest changes, HJR9 could deliver a fair, equal, and honest photo ID requirement for all Ohio voters. Thank you for your time and consideration. I'm happy to answer your questions.
Thank you, do we have any questions for the witness? Representative Brent?
Is that Brent? Yes. Okay, thank you. So from the chairwoman to the witness, we meet again, as I like to say, in committee. And even though we're here to talk about the resolution, it seems like the previous person, you, and the person after you is really fixated on House Bill 577. I wish they would have gave the same type of energy and testimony for that bill instead of right now. But since you are bringing it up, I'm going to talk about it. So there's two current states that currently implement what you are referencing to with the photo IDs for vote by mail. That's Kentucky and Alabama, two states that I don't think Ohio tends to want to be connected to. We tend to, hold on. I let you talk, let me talk. Thank you. So one thing that actually happened with Alabama when they implemented the photo ID requirement that you physically having to turn in that with your vote by mail, their voter turnout for vote by mail has drastically decreased. And that's become, those are just based off the numbers. That's not my opinion. Those are based off the numbers. from before it to after it. One of the things that came up with the voting rights groups in Alabama is people just not having access to have a physical copy of their photo ID. How can we make sure that voting is accessible to everyone when we are, like we talked about earlier, adding a poll tax where people are going to have to figure out how they can get this done? How is this going to make voting more accessible? and keep allegedly security without having to deal with, what's it called, identity theft. How are we gonna prevent identity theft and make sure that voting is accessible?
Okay, through the chair to Rep. Wright, you covered quite a bit there, and I guess I'm being sanctioned from talking about 577, so I'm not sure I'm gonna be answering.
You're not getting sanctioned, I can't sanction you.
No, no, I mean the chair has repeatedly told me we can't talk about an enacting statute when we're actually talking about something that's totally tied and comparable,
because one should come before the other. But again, I'm just a witness giving opponent testimony today, and I'd like to share that perspective. In regards to your point about Alabama, there's a lot more context to that that I'm not sure I'm aware of, and if you would provide that, I would be able to maybe answer it better. But when you talk about needing to provide an equal standard, that's under the Equal Amendments Clause of the Constitution. We're having a conversation today about changing the Constitution. Not talking so much about how the Secretary of State's going to implement it. I mean, if you want that question, the Secretary of State would be the prime person to ask. I believe Kentucky's uploaded that information. We could certainly work with, let's just say, populations that would have more of a challenge in doing that. I do know that this state, besides offering a no fee, let's refer to it as what Representative Russo said, a no fee ID, we offer homebound services. That means a Republican and a Democrat go out to a location and they provide not just the potential there for an ID, but a photocopy in and of itself. I can't think of a more accommodative state in Ohio that's already servicing people with 28 days of in-person voting, no fault, which was brought up, I believe, by Steve earlier. I mean, we truly go out of our way. Now, all I'm saying is, as a legislature, let's go out of our way to give everybody equal treatment under the law because we're not gonna be back here ever again in all likelihood once this Constitution amendment is. And if this legislature does that, a wide group of people are gonna say, you know what, I'm a proponent of HDR9. And that's gonna be so much more important for us down the road. Aloua?
Yes, Chairwoman. So, to the Chairwoman, to the witness, it was stated earlier from a previous witness, and also just factual information, so it wasn't just coming from the witness, that we don't fully fund our Board of Elections totally like we should. So if we start using photo IDs, and this is what your suggestion gets added on to this resolution, how are we going to deal with the overwhelming amount of administrative work that our overworked and underpaid board of elections are going to have to address now that they're going to have to make sure that identity theft is not a thing, because now you going to have everybody driver license and everything loaded up and sent to boards of elections in little pieces of paper So how are we going to deal with the overwhelming amount of administrative work that going to go with that Through the chair to Rep Brent you have a valid point there
What I would say is you're looking at a situation where this body can or can choose not to change the law, how they want to do it in terms of how they want to fund for this and accommodate it. What I think would be important is for an assessment from the Secretary of State's office in terms of what their current resources are. Now, I would suggest that if you guys want to have that conversation overall as a body, then bring people back for HB 577, and we'll talk about that at the time, because your questions pertain to that bill. But I understand the chair doesn't want to have that conversation today.
Thank you, Mr. Srivich. Are there any further questions for the witness? Representative Young. Yes, thanks, Madam Chairwoman, and thanks for coming, Marcel. And I know that you're very schooled in this, and I really appreciate that. I appreciate you. I'm getting back to the process again. One is, don't you feel, do you feel that protecting the Constitution and voter ID is paramount and very important?
To the chair, to Rep Young, 100%.
Follow up? I do want to reference a few things. One is the, and since someone else brought up polls, and we have 90, someone said 94% of errors. Can you elaborate on that comment? Because I saw your reaction over there. So if you could elaborate on that, and I do have another follow-up after that.
Through the chair, to rep you on. Yes, so every year the Social Security Administration tracks, and by law, Help America Vote Act is a federal law. It tracks the compliance by the states with that law, and one of those compliance measures is by a group called HAV. And HAV pulls all of the states' 50 different submissions for Social Security numbers. Now in Ohio, there's only several states who were originally brought in, grandfathered, that you have to provide your full social security number when you send it in to a board of elections when it comes to something like that on the driver's license side and the social security. In Ohio, it's the last four. Well, that report came back, the annual 2026 report came back in Ohio from the Social Security Administration. And Ohio is the number one offender thus far in terms of mismatched last four social security numbers. And so there were 39,000 that they did a poll on and 37,000 of them came back with a mismatch. Now, you might be asking a bigger question, which is what I ask when I see a data point, right, as a former intel officer. Why does that matter? Well, it matters because an entire category of voters is going to be casting a no-fault ballot using the last four of their Social Security number. And I say, okay, that's not necessarily end-all, be-all, but here it becomes a problem, which is what the chair was alluding to when she brought it up, on how are we going to match that information at the Board of Elections if it's invalid and it's a mismatch. And the answer, and the answer I've been giving for the last three years as I've come before this board, is that the process has to be changed so that qualified eligibility is up front. And the Social Security numbers and the driver's license numbers must be something that the Board of Elections can qualify alongside the BMV, which Rep. Brent brought up earlier, is a private franchise organization. If we don't build system interoperability between information systems, we will not be able to catch mismatched and invalid Social Security numbers. And what that will lead to based on the current election officials manual is people will be able to cast a no fault ballot knowing the system knowing that they have a mismatched social security number So that hopefully an answer to your question, sir. Yes, and I really appreciate that. Could I have a follow-up,
please? Thank you, Madam Chairwoman. So we've defined that we have zero fraud, ACLU's comments. We've defined that there's an issue with security numbers mismatch. And we've also discussed confidence in voting, how many people come out to vote, so on and so forth. My question is this, but I want to make a comment. We know that voters in Ohio across all segments, and this is about 80% for a constitutional amendment for voter ID. When you add another provision of like 577, I believe, is that the legislation? The curve. Yeah, yes. It falls down significantly. And tagging off of Ranking Member Brent's many questions, and I really appreciate those, it support drops. And then when you say that we're going to store the data, and even in the most perfect world, and I will tag off comments that Representative Russo has brought up in another committee on encryption and security, it falls to almost 5% that say we don't trust anyone to keep our data. So isn't it important to focus on something that we know that the voters want in Ohio across all segments of the population?
Through the chair to Rep Young, I agree with you in principle on that. You're talking about a few different things kind of conjoined together about data control, management, protections, all that stuff. You're going to find 90-some percent of people also agree on that. I just think one of the differences in the testimony I'm giving to you all today is you're about to cross a Rubicon, right, whether you're for this or you're not for this. And ultimately, when you're deciding to do that, right, equal application of the law will be how this legislature will be determined on it. We passed a voter ID bill in 2022, and we took into account people who are in population subsets that would be more challenging. Technology has changed. Our data storage has changed. Our interoperability and our information systems have improved. The legislation and the constitutional amendment have to apply equality. And that is the most important thing here. I'm not talking today about security, even though that's my background. I'm talking about equality. If you close the door on this now by not changing this resolution, which it's a very simple change. It's very simple. then it will effectively limit in a number of ways, as I explained from a constitutional interpretation and judging, that this could be a real challenge. We could end up fighting it out. And as it was brought up earlier, anybody can bring a challenge. I could bring a challenge. They could bring a challenge. And why would we want that in a court system when we can just apply equal and fair treatment to all categories? We should not be creating voter categories that can do it this way or do it that way. What we should be doing is we should be adjusting the process, the resources, the people in organizing ourselves around the equal treatment. And I fear that we are getting ourselves down a rabbit hole when we talking about what about this group and what about that group and what about this process or that process We are talking about a constitutional resolution today It has to be simple It doesn need ORC code information in there about another document You already have that authority Legislature already has the authority to create a law and redefine what's a photo ID. Why add this kind of extraneous language? I'm not a constitutional expert, but I'm informed enough to know that we make this thing simple. I think it's a win-win for everybody. Thank you for your question.
I have a question, Mr. Shrivich. There are a lot of people that argue mail-in absentee ballot is the most secure, because not only are you getting either less for the Social Security and driver's license number, but that random signature has to match up with the signature file that's on file at the Board of Elections and is reviewed by a bipartisan team. Why do you think a photo ID is more secure than somebody's handwriting signature when you're not going to see them next to the photo?
Yeah, through the chair. Thank you for your question. The reality is I or anybody in this day and age of high privacy, personal identifiable theft, can go out and acquire or purchase anybody's driver's license, anybody's social security number, or they can just make up one, two, three, four. And as we can tell from the Social Security Administration, they're having a difficult time making Ohio compatible with the law. They can't buy their signature. Their signature can also be re-registered, and we have seen evidence in different counties where people who did not register in Ohio had their re-registration and re-baselining of the signature. And as I'm sure you're aware, as a Board of Election official, appointed official, if a baseline signature provided at somebody's application matches the application form for an absentee ballot, there is no further inquiry required, no further investigation required in Ohio law for Board of Election officials. In other words, this was discussed two sessions, two bills ago with Rep. Wiggum and Voter Verification Act. The Board of Elections can be literally validating two false signatures and then allowing that absentee ballot form to go forward. So if I was an unscrupulous third-party person, and again, I see the world through threat assessment because of my military training and background, I would be going at that exploitative capability. So the way we stop that is we equip the Board of Elections with qualified information like driver's license, like social security numbers, so when that piece of paper comes in front and back, copy, that that professional who's administering that and reviewing it can actually check that for one minute and make sure that the information is actually correct, that it's not just a form filled out in a field, which is unfortunately the current standard that I would like to see corrected at the Board of Elections.
Well just one follow up, you seem to fall back on a security concern when it benefits your argument, but not when it doesn't. And you're saying that these signatures can be falsified, but then so can a driver's license and Social Security. What suggestions do you have to make elections totally secure that would soothe your anxiety over them?
Well, Chairman, I wouldn't call it anxiety. I would call it an equal standard, and that's why I came here today to apply that. I think if you were to equip the Board of Elections with the information like citizenship, driver's license, and again, I ran on this, but again, I was only 30%. So driver's license and social security number, then if they had that information, they should be validating that up front, right? Instead, they create a voter ID number before they even confirm the information is correct. So you're still gonna, even if you apply this equal treatment under the law for absentee ballots, you're still gonna have to equip the Board of Elections to do what they have to do.
Any other questions for the witness? Representative Russo. Thank you. Thank you, Chairwoman. Thank you to the witness for being here. I think you bring up some very interesting points of opposition to this constitutional amendment. I guess my question for you, and you can speculate or not, what do you think is the motivation of this particular constitutional resolution without the pieces that you and a few others have recommended? What do you think is the motivation here?
Yeah, Chair Ray to Rep Russo, I appreciate the question. I think we are in an unfortunate place in our life, in our society, where we have these two sides that are trying to one-up each other when it comes to elections. One side is putting forward legislation or rules that they're thinking are advantaging in the moment. The other side is posturing to do the same thing when they get into a position. And we just kind of go round and round in circles with these arguments. Part of that calculus, I think, has to do with this idea that one day will a group of legislators, perhaps let's say the other party, come in and will they go back to a student ID? Will they go back to utility bill statements, which is what the law was before we had a voter ID passed? And so the idea of enshrining it in the Constitution, I agree with in principle, if it's not to create a loose standard, but it's also equally applied. So in all honesty, the assessment that I have is it comes down to wanting to preempt something in the future that the other side would change back if they were in those shoes. I think that's the most honest assessment I can give you.
A quick follow-up. But the timing of it now, the rush to do it in this way, do you think it's motivated by the upcoming election?
Well, Representative Russo, every election motivates election and legislation, legislatures, I should say, from looking at laws and seeing what they'd want to change. I haven't been privy to any of these conversations. As you can see, I'm a proponent of voter ID. I just want it to be equal across the board, but I have to give opponent testimony today, which just baffles my mind, right? In a week, I've had to do what you and everybody else has had to do. I just don't think we need to do it in the way that it's being done, but I understand that this is also a political world. And if it was just based about policy or administration, I think most people would appreciate it to be based on that, because we all just want people to have their votes and rights secured and free, fair, and honest. Thank you for your question.
Just one more quick. So if I'm understanding your opposition, and I understand your theory about the unequal treatment across the voting methods, But as the amendment currently stands, you would prefer, because you brought up another piece of legislation, you would prefer at this point through changes to legislation, Ohio revised code, as opposed to this approach with the constitutional amendment.
Would that be correct for me to say that? Yeah, through the chair, through Rep. Broussa. I prefer that they go through simultaneously that this amendment be revised. Thank you for the question. that it be revised to account for striking lines 14 to 16 because I don't think we need to create an exclusionary category, as I said. And I prefer that unlike the constitutional amendment for citizens vote that went through in 2022, that we actually pass this as well because it gives us time to enact it within the 90 days, at least until you all are outside of summer session. And then we don't have to do this again. We don't have to come back and present other legislation and take more of y'all's time the next session. I think this is the one way we do it.
equally fairly and we have the enacting statute Thank you Any further questions Thank you very much for coming in today I would like now to invite Gail Needlehenner I'm so sorry. I'm sure I butchered that. It's better than last time. Welcome to committee. The floor is yours. Chair Ray, Vice Chair Larray, and members of the committee,
Thank you for the opportunity to provide opponent testimony for HJR 9. My name is Gail Niederlander, and I am from Butler County. The proposed constitutional amendment is presented as a broad photo ID voting requirement. A sponsor testified that Ohio already generally requires a photo ID to vote, even though both current law and HJR 9 imposes photo ID requirements to only in-person voting. Mail ballots, which account for around 90 percent, or I'm sorry, account for around 20 percent of all votes cast in recent elections, are not subject to a comparable standard. Since Ohio's 2023 photo ID law took effect, more than two million ballots have been cast by mail without photo ID, rendering the law ineffective. Ohioans have some confidence that an in-person voter is confirmed is eligible to vote and is who they say they are because the voter presents an unexpired photo ID. Election officials can physically compare the voter to the ID. ID information is checked against registration records. ID may also confirm citizenship, name, age, and address, and voter signatures are witnessed live and compared with registration records. The amendment's fatal flaw is that it fails to provide comparable safeguards to the 20% who vote by mail. Mail voters are not required to submit a photo ID with their ballot. Election officials cannot see the voter in person, witness their signature, or confirm citizenship, name, age, and address. Expired or unverifiable ID numbers may be difficult to detect without a photo ID copy. Election officials cannot confirm the person returning the ballot is who they say they are. I previously testified before this committee in support of HB 577, which would require a photo ID copy for mail voting. It is contradictory to advance a constitutional amendment promoted as requiring photo ID to vote without advancing HB 577. During testimony, committee members presented arguments that appeared...
I'm going to stop you right there and remind you, we're here to talk about the House Joint Resolution, not House Bill 577, please.
They're related. They're totally intertwined.
That is not what the HB is on the board today.
During testimony, committee members presented arguments that appeared inconsistent with the rationale supporting HJR 9. In one instance, a lawmaker stated that signature and registration records are sufficient safeguards for mail voting, despite the fact that ineligible individuals, as Marcel Sturbitch just said, may register with an unverifiable information, then vote by mail using the same unverifiable information, diluting legal votes and potentially altering election outcomes. The position also conflicts with sponsor testimony, citing a Pew Research poll that found 81% of voters supported requiring all voters to show government-issued photo ID to vote, not just in-person voters, but all voters The committee and sponsor cannot logically claim photo ID is essential for election integrity in one context but unnecessary in another HB 577 which is stalled in this very committee would fix this unequal treatment So why do Republican legislators refuse to advance one bill that would actually help? If the amendment is put forth to voters, will they even rely...
Point of order. State committees. You're done.
Can I testify?
Just to clarify, you'll be testifying about the House joint resolution or you're testifying about a separate bill?
I'm doing the House joint resolution and I hope to answer some questions that you have all had today that other people may or may not have added clarity to.
Okay, thank you very much. Welcome to committee. The floor is yours. And good afternoon, everybody. It is after 12. Chair Ray, Vice Chair LeRae, Ranking Member Brent, and members of this fine committee. Thank you for the opportunity to speak in opposition to House Joint Resolution 9 as it's currently written. My name is Allison Nicolai. I'm a data analyst and Miami County resident. While I strongly support
voter ID and the principle that only U.S. citizens should vote, this resolution risks enshrining a double standard into the Ohio Constitution. Strong photo ID requirements for in-person voters, but continued weak verification for mail-in absentee ballots. Ohioans deserve one uniform standard that applies to every ballot, not a constitutional loophole that undermines the confidence that this very resolution seeks to protect. And I would direct you to my written testimony where I do have exhibits that I'm unable to share with you in this particular setting, but it is part of my written testimony. Ohio often claims to be the gold standard for election integrity, yet five other states already kind of do better by requiring equal treatment across all voting methods. Arkansas and North Carolina require a photocopy of valid photo ID with their mail-in ballot. What those two states don't have is a non-citizen designation or citizenship designation on their photocopies. Ohio has that. Alabama, Kentucky, and New Hampshire also require it with the mail-in absentee or the mail ballot application. Not with the ballot, but with the application. Chair Ray, thank you for your more than 20 years of service with Medina County. It's appreciated. But when you left in 2020, we hadn't passed the resolution requiring only U.S. citizens can vote, and the Bureau of Motor Vehicles had not changed the format and the physical appearance of the driver's license that now contains designations or official things you have to look at when you're evaluating a driver's license for whether or not that voter's eligible. that wasn't available to you. I wish it was. But if we were back then, we wouldn't even be having this discussion because you couldn't tell anyway. The mail-in security envelope problem, and you have referenced many times the fact that what's wrong with the mail-in ballot? They have to put either their driver's license number, and this is coming from Ohio Revised Code 3509.05. They have to put either their driver's license number or state ID number. They have to put the last four digits of their social security number, or they can, option C is to include a photocopy of the voter ID. So it already in our constitution or it already in our revised code The photo ID is an option on the mail ballots Only the photocopy reliably confirms eligibility And when I'm talking about eligibility, I'm discussing that they are a U.S. citizen, that they are over the age of 18, that they are not a felon, and they are, in fact, a resident of the state of Ohio. Those are the elements of eligibility. Since HB 458 took effect, over 2.18 million absentee ballots have been cast by mail without citizenship or expiration verification. If I tell you what my driver's license is on a piece of paper on a security envelope, can you tell if that license has expired? Can you tell if that license has been surrendered to another state? and that's one of the flaws that we have right now with the current system with verifying after the fact, not when we register. Our boards of elections don't have the resources necessary to even get with the Bureau of Motor Vehicles. That all happens through the Secretary of State's office, but they can't independently verify, and I don't think that's fair to any of our boards of elections. Again, there were more than 304,000 valid non-citizen creditors that are in circulation, and that's as of 2025. That was as of March 31st of 2025. The election officials had to receive special training, and that was actually via a court-ordered mandamus that required training for all board election workers to recognize the non-citizen markings, including non-renewable, non-transferable, which is on the front of the license, and then on the back, the non-citizen that's underneath that stripe. But we had to actually require the Board of Election members to even train the poll workers to identify that for in-person voting. And the trouble with the Social Security number four. In my written testimony, I supplied a copy of what is considered a Social Security number that's been issued by Social Security, but it's with DHS approval, and it's for work only. Okay? That Social Security Administration check does not reference citizenship. So if I give you the last four of my social on that absentee ballot security envelope, you can't tell if I'm a citizen or not. Nobody can. Only that driver's license provides that level of verification. A photocopy of the driver's license will say non-citizen if they're a non-citizen or will have non-transferable, non-renewable. That's pretty much the only option they have. SSN4, unless you've got access to the Social Security Administration database and the full nine, or we can get our boards of elections to sign up for the SAVE database, where they can, in fact, run the SOCH4s, you guys are pretty much blind when it comes to whether or not they can verify the SOCH. the SOCH4 option is primarily unreliable but even that DHS issued social security administration number it will pass verification through the HAV system it's only the last four they're not checking for citizenship they're only checking that it matches the name and potential age that's it they do not check citizenship through social security and the The actual HAV stands for Help America Voter Verification System.
And it was established under HAVA in 2002. It was implemented, I believe, in 2006. It does not prove citizenship as seen in the example that I submitted with my written. And Social Security numbers were issued with DHS approval. The SSN-4 checks for Ohio today. And this is, there is an indication, the website, everybody can go there. These are updated weekly or biweekly through our Secretary of State. When they can't verify through the driver's license presented on an application, that, in fact, goes directly to the Social Security Administration, and they kick back whether it's a match, a non-match, a double match, matched deceased, matched alive. That's pretty much how that runs. We're at 94.4 rejection. Over 39,000 have been submitted just since January 1st. And up until February 28th, I believe, we were only submitting 100 a week, 100 every submission. All of a sudden, that February 26th or February 28th submission, Secretary of State submitted over 25,000. I don't know why I have submitted this information to the Secretary of State for more clarification. I don't have an answer back on that yet. they are looking into it. But of course, this information comes out right when we enter an election season. So I understand. Their hands are tied. They're busy. When the rolls were frozen, the last update that was done through the Social Security Administration was actually April 11th. So that 94.4% failure rate is based on April 11th run. And again, the website is included there. I would encourage everybody to go in there. Do your own snooping. because it's not good. Back in 2024, Ohio was at 62% failure rate, but we had a bunch of states that were way worse than us. I don't know what changed. I don't know how to explain it, but it's unacceptable if we're going to be taking that SOCH4 on an absentee mail-in ballot. And right now, 293 did allow us to put, we are able to now mark more registrations as provisional, which is great, because then we can prevent somebody who shouldn't be voting from voting, if we mark them provisional and we require that they can't have their absentee, but we do want them to vote, we'll vote on provisional, we'll deal with it afterwards, whether it be by an attestation statement for eligibility. Whatever we need to do, we'll do to make sure every eligible vote's counted. And again, this is not theoretical. Ohio, the image that I submitted, I just put one column in and I said, Tell me the percent rejection. And I sorted that based on percent rejection. Ohio's number one. Maryland's right behind us at 90% rejection. Nevada is, their third was 73%. Utah is 63%. New York and Nebraska both are in the 50% to 55%. And everybody else is under 50% rejection rate. Now, Texas does run many more than Ohio does. but at the end of the day, is 94% rejection on SOCH 4s acceptable to you? I don't think it's acceptable to me. We've got to figure out what's going on to cause the problem. Again, we allow three things on the absentee ballot, on the security envelope when we send in a ballot. We allow you to write a driver's license number. We allow you to write the last four of your SOCH or we allow a photocopy of the ID so it already there I say we need before this joint resolution goes forward we need to make it equal playing field across, we can't have unequal treatment of the ballot. We really need it to be equal for every voter that wishes to vote in Ohio elections. And again, I would be stink eye if my vote is deluded by somebody who maybe, and somebody did bring it up earlier that somebody's being prosecuted right now and they didn't know they couldn't vote, they were registered without their full consent and full understanding. That's not fair. That is not fair. So we need to do a better job of educating the agencies and the entities that are responsible for assisting our Secretary of State with voter registration. We need to be vigilant with that because nobody needs them to be set up. Nobody needs anybody to be set up as an ineligible elector on a voter roll. Then again, you don't want me to say it, but the practical solution to me is clear. Take care of what we have now. Fix this to encompass all methods of voting. And then let's revisit this after everybody's vote is accounted for in any constitutional amendment. Thank you for your time, and I'll answer any questions.
Any questions for the witness? Representative Russo?
Thank you, Chairwoman. Thank you for being here. So I'm trying to fully understand. So one of your premises of the unequal treatment in the constitutional, as you perceive in the constitutional amendment, is you want stronger verification on mail-in ballots to essentially prove citizenship is what you were trying to get, if I understand that correctly. I guess my question for you is, you know, in current law and in the resolution as it is written, it provides, in addition to the use of a driver's license or a state ID, it actually provides for the use of a military ID, a veteran's ID. Well, I'm specifically talking about a military ID, a veteran's ID, and I just want to be very specific here. Tribal ID, military ID. Actually, it does not say tribal ID, but it provides for a U.S. military identification card and a National Guard identification card. That's the one I was missing. and identification card issued by the U.S. Department of Veterans Affairs or its successor agency. Now, do you know if those forms of ID specifically inherently indicate if someone is a citizen or non-citizen?
Through the chair to Representative Russo, they do not. That's correct. And that is another problem. That is correct.
So my question for you is, you know, if the premise here is ultimately, as I understand your testimony, you were concerned about non-citizens potentially voting. How do you feel about that language in Section B3 that specifies those forms of identification that don't, in fact, indicate whether or not someone is a citizen? In fact, there are many members of the U.S. military or veterans or National Guard who are not citizens.
Through the chair to Representative Russo many okay for the overwhelming majority of ballots cast in person showing a photo ID whether it early or whether it on Election Day those forms of ID are very very very low The majority of our poll workers are given the manual. They have the information that they need. But no, it does not provide citizenship, in which case do we now involve the precinct voting location manager to come over to have them fill out an attestation for citizenship. That would be the other option. Have them sign it, and they cast their ballot, show their ID, and off they go.
but with a mail-in ballot, first of all, there's no option to put that ID on a mail-in ballot envelope, so it wouldn't be a factor for mail-in balloting. Thank you. But it is to follow up to the chair. But, you know, essentially we are providing for forms of identification in current state law and in this Constitution that don't, in fact, actually prove citizenship, correct?
Through the chair to Representative Russo. We don't take a Social Security card at a voting location. We do take a military ID. We do take that veterans card and the one that you mentioned, the National Guard. We do take those. They are required as government issued. But until those entities do what Ohio Bureau of Motor Vehicles did and upgrade them, where citizenship's included, I think somebody at some point in time may revisit those for eligibility in Ohio.
Okay, thank you.
Any other questions for the witness? Representative Miller.
Thank you, Madam Chair. Thank you for your testimony. I'm still trying to wrap my head around this non-match data here. So I'm going to explain the way I see it, and then you correct me if I'm wrong. So most times when you're a very young child, your parents go and they get you a Social Security number, The Social Security number is me. Kevin Miller has a Social Security number. It happens typically when they're young. Then I get ready to vote. I go and I register to vote. And when I do that, I give them my Social Security number. So those are the two systems, if you will, that both include my Social Security number. How are we getting a mismatch? Are we saying one of those is not correct? Typically, when I go and register to vote, I gave them the wrong Social Security number, and then there was a check, and it was mismatched. Where does this mismatch come up with? What's the process?
I'm just trying to get this straight in my mind. Through the chair, through Representative Miller, you're assuming as a young child you got your Social Security number. That means you are already a U.S. citizen. Okay? The ones that are impacted, first, okay, there's also been a purging of the Social Security Administration roster where they have removed over 14.8 million registrations or numbers from that. And I do have a call in to Social Security Administration to try and determine, did you remove them? Are they being investigated? What's going on with this purge of the Social Security Administration data? is that's what's causing Ohio to be where we're at. Don't have an answer yet. Happy to follow up when I get one. Now let's fast forward to, we have somebody who's come into Ohio, a guest in Ohio, and they are not a U citizen They either here for school for work for whatever Now they go and in order to get a job they need to have the I So they apply, and they are issued a Social Security number. And it looks exactly like ours. It can also be mistaken for the I-10 number. And that is another thing. The I-10 number starts with a 9. Social Security numbers do not start with a 9. but they are both nine digits long. So you could technically take the last four of an I-10, pop it on a voter registration form, and nobody would know. It would show up in your registered, but you would be a BMV SSA non-match. But you're still on the voter roll, okay? Now, back to what you were saying about how does that happen and what is happening now to cause this. when you put your SOCH 4 on a voter registration form, say you've never registered to vote before, you put your SOCH 4 on a voter registration form, you do not put your driver's license number. Well, that goes to Social Security, or that goes actually to the Board of Elections. The Board of Elections does what they do, and they put whatever you put on that form goes into their computer system. I don't think they give you the option to put both. It says one or, and there's a checkbox on the registration form, or you used to be able to write none in box 10, now the new form has a checkbox. I don't have either a driver's license or a SOC. I don't have either one. So basically what happens at that point, it's out of our Board of Elections hands. It goes to the Secretary of State's office. Secretary of State goes, well, I don't have any driver's license information, so I'm going to kick it over to SSA. SSA is going to come back to me with the name that they've got, And if it's a match to a record they've got with the same name in the same state, because that Social Security number, they know where you're at statewide. Now, if it comes back through the BMV, and the BMV says, oh, yeah, it's John Jones. He lives at such and such. And if they have a driver's license number that can be attached to that SOCH4 that was provided, they'll send it back to the Board of Elections. And the Board of Elections, voila, has a complete voter record for that John Jones. Am I making sense or have I lost you?
Follow-up? Where does the total transaction number come from?
Through the chair to Representative Miller. That total transaction number comes from all those applications that came into the Board of Elections that only used the last four of a SOCH and can't do anything else with it. They went to the BMV. The BMV says, I can't do anything. or I'm sorry, they went to the Secretary of State. Secretary of State sends it to the BMV. BMV says we can't do anything. They kick it to SSA for verification.
I think I'm up to speed. Thank you, Madam Chair.
Any other questions? Representative Brent.
Thank you, Chairwoman, and thank you for coming here again. Last time you were here was for House Bill 577, which tends to be the rolling theme of our past couple witnesses, and you were here before because you want to add photo ID for vote by mail. You mentioned that again in this, even though we're talking about this resolution, but I see you're mentioning House Bill 57. It seems like you guys are a huge supporter of the representative from House District 98. But my question to you, because you brought up concerns about vote by mail and people not knowing citizenship based off of social security information. So, you're coming to us Or as the expert, when it comes to all of this particularly, when we, anybody who gets there, does voter registration, the Secretary of State automatically has to send that information to go through the SAVE, which is the systemic alien verification for entitlement. Because I want to say the whole thing because it's a grandma sitting at home right now who does not know what the SAVE database is. Since we talk about the SAVE Act, this is the SAVE database, which is managed by the U.S. Citizen and Immigration Services. So I just want to, for those at home, this is different than the SAVE Act. So my question is, after we've given all this preface, your concerns to me, and please correct me if I'm wrong, your concerns seems to be on a federal level because our systems of how we check stuff is based off of a federal system, not so much just here within our state. So if we're using the federal tools that are mandated by all of us to utilize, why haven't you gone to Congress and say, I don't like the effectiveness of this system that we have to use to verify people's voter registration within the state of Ohio, since we are mandated to have to use that to verify if somebody is a citizen or not?
Through the chair to Representative Brent, thank you for your question. I was hoping somebody would ask me this. First of all, our Secretary of State did not have access to the SAVE database until August of 2024. That mandate, that mandated training on non-citizen verification came out in, I believe, June of 2024. So all poll workers were to be trained on non-citizen ID. We had already been through three elections without it. So we don't know. Do we know the accuracy of the ballots in the other three? I'm just going to say, no, we don't. But we sure made one heck of an effort for 2024. But we did not have that tool. The SAVE database prior to June of 2025 was not able to process the last four of a SOCH. Three important things happened with that save database that our Secretary of State has access to, and I would really love it if every Board of Elections would pick one member and sign up for their own account, because 50% of all of our applications for registration come in outside of the Bureau of Motor Vehicles. We don't have ABR. So the Board of Elections gets handed 50%, but their hands are tied. They have no way to verify what they're looking at. They can't run a driver's license. They can't run a last four of a SOC. They can just put it in the system and send it up to the SOS to do that for you. Now, back to what you were saying, the fact that the SAVE database is so new, and we literally, it used to be $2, it was over $2 per transaction. You could only run one at a time. Medina County, refresh my memory Roughly 156,000 registered voters Almost 180 now Okay, but I'm close, right? Alright, let's do the math If I had to run my entire Medina County voter roll Of 180,000 registered voters Through save at $2.10 You want to talk about blowing a county's budget? They wouldn't do it But it's free They can batch upload They don't have to do onesies, onesie twosies They can batch upload those registrations. Okay? And they can be run all at one time, and you would get the accurate information on citizenship for those that did only give you the last four of a SOCH The Social Security Administration and the HAVV can do that That not part of what they do The SAVE database that we're referring to is a function of USCIS, which is Customs and Immigration. I said that.
Any other questions? I thank you so much for coming today, but I'm just going to point out a lot of what you've put in here, at least regarding me, was totally incorrect. So I guess when you start out giving some incorrect information, and I'm looking at this, I guess I'm not sure where you got a lot of it. Have you ever worked as a pool worker?
Yes. Okay, where did you work as a pool worker? I've worked in, it's Miami County. Miami County? Miami County, Board of Elections person is Laura Bruns. Janelle, I don't remember Janelle's last name, is the trainer. And I was stationed at two different polling locations over the course of five elections, four elections.
So principally in Miami County?
Yeah, you have to work where you live. You can't.
Well, I was just curious because you've presented some information, like I said, that at least in regards to myself is incorrect. So I'm looking at this wondering where you're getting any of this.
I apologize.
I looked up how long you have been involved with elections, and I know that you were a Board of Elections member, but it did also state that you did provide service as a Board of Elections employee prior to being a Board of Elections member.
Okay, then I 100% apologize for the incorrect information.
Any other questions for the witness? Thank you very much for coming today.
Thank you.
Are there any other witnesses who would like to testify on the bill? Thank you. I know it's been a long day. Thank you so much, Vice Chair Leray, Ranking Member Juanita Bryant, all of you. Thank you.
Before I get into my testimony, I did look up this study about the mismatch, because I do agree that data analysis really matters, and especially when we talk about elections. So the source appears to be called Ohio Political News. They released a video a couple days ago on Facebook and YouTube, maybe some other sites. I cannot find, and I spent a lot of time looking, in writing how they got their data and how they made their analysis. And that is not something we can find. So I do encourage us to take that with a grain of salt, just because I want us to understand that our absentee voting is secure. I know that's not what this is about. But in talking about equality is also difficult because a voter needs to prove their identity twice to vote absentee, which is never going to be the case in person. Right. But thank you again for letting me testify. The League of Women Voters has long championed issues of election security and integrity. We were one of the first in the state to look at things like close runoffs, fairness for candidates. We were one of the first to champion the bipartisan system of election planning and administration. We were the first to secure post-election audits, actually, that are now codified. We have supported many times this General Assembly and recent General Assemblies on all kinds of protocols like this Senate Bill 52 or the required testing of on ballot printers and voter registration systems And so security matters so much to us So does the Ohio Constitution We have regularly opposed amendments to the Constitution when we didn't think it was the proper vehicle. This is one of those moments. There's no need to rush this process. When it actually isn't improving elections, it's not actually changing the law. If you want to make elections both more secure and more accessible, there are things that could be done. And it could be done through a constitutional amendment if you so choose. But the first would be to add free state IDs and driver's license so that no citizen is left out because of an ID process. The second would be to clarify and improve access for Ohio voters. This amendment should make it explicitly clear that the digital IDs from the U.S. Veteran Administration are acceptable. The U.S. Veteran Administration at this time only has digital IDs, but the language in this proposal talks about cards and documents. I'm worried about that. Improving access for veterans could also include fixing something that 458 did, which is it made it illegal to use county-issued veteran IDs. A lot of our senior veterans who don't drive anymore, they use their county-issued ID for everything they do. I don't understand why we took that out, but something this body could do if it wanted was basically allow county government IDs to count as long as they fit certain criteria, expiration date, photo, those things that you could consider. Also, in terms of a digital ID, I think it's very clear that very soon the BMV could have digital IDs, right? And so having that flexibility should be in here. But the good news is we don't have to rush this process. We already have some of the strongest voter ID laws in the country. We have time. I get to travel the state being nonpartisan, not talking about candidates and not talking about parties. And what I love about that is I hear what Ohioans want. And I've never once heard an Ohioan say that they were worried that the Constitution didn't have voter ID in it. But I am constantly hearing about gas prices, data centers, grocery and utility bills. And I'm just asking you to not rush this, but to use your political capital over the next few weeks to really make a difference for Ohioans. I'm asking you to table this. We could talk about ways to make our ID law better. If you want to put it in the Constitution, we can do that. It doesn't need to happen today. And with that, I thank you for your time.
Thank you very much, Jen. Are there any questions for the witness? Representative Brett?
Thank you, Chairwoman to the witness. Thank you so much for coming and patiently waiting to testify. I know you specifically talked about the need for free state IDs. Since you're a person, you're in a community. Could you explain this for the grandmas that are sitting at the community center? How is this? What does this look like? Is this a barrier? Is this a help? Is this a hurt? Right. Since this is not included with the current resolution with that.
Thank you, Representative. Thank you, Chair. So it is actually, so there's a couple things. One is you can easily argue that it is unconstitutional at the federal level to not have free ID, that if you require something that costs money, that that is a poll tax. So it is a protection, if nothing else, to get this into the if you going to put the rest in the Constitution put that in there too But secondly there is a lot of cost that goes into getting a state ID You might not have your birth certificate You might not have your Social Security card. There's time and cost that goes with that. And so if we're going to require folks to have to potentially spend money and time that way, we could provide that for free.
And I would encourage driver's licenses as well. Because one of the things we have right now is we have out-of-state college students who don't realize that if they get a free state ID to vote in Ohio, that their out-of-state driver's license is now no longer valid. It scares me. I don't want to drive on the streets with them. Just a follow-up, Chairwoman. Thank you so much, Chairwoman. Just a follow-up to the witness. since we are talking about adding things to the Constitution, we're doing a lot over here in our state, if we had to have a perfect world where voting rights was accessible to everybody who's a citizen, who's legally, by age, able to vote here in the state of Ohio, what would a perfect world of accessible voting look like if we had to put it in our Constitution?
Wow. Lay it out. Wow. I mean, first off, I would have the ideas be more flexible and broader, definitely including county issued IDs as long as they had certain criteria met. But I would include making sure that we have more drop boxes per county, which I know is gonna shut a whole bunch of people down. But I would love to see more drop boxes per county. I would love to see more accessible early voting. I'd love to see pre-registration for high school students. High school students often, I graduated high school at 17, right? So I learned about civics, but that was the moment that I could have registered to vote, but I couldn't. We could pre-register our high school students. There's so many things that we could do together if we so chose. Any other questions? Thank you.
What about citizenship?
It's already out there.
Thank you, Rep. Young and Rep. Ray.
I don't know what you mean by what about citizenship. I'll be clear. It's already collected through Social Security Administration and several other entities, why not require that on the driver's license or any other identification other than a passport and so on and so forth?
Thank you, Chair. I'm still not quite sure I understand because citizenship is required on the driver's license now. You have, there is a demarcation. It was part of 458. There is an indication, but it's not tied to anything. as far as I understand it, and I was just looking that up, that it's not verifiable. But I'll check it out again. Thank you, Rep Young. Thank you, Chair.
When 458 passed, they put in there what the requirements for the BMV would be to prove citizenship. And so that's where that, when someone does not do that, that's where that demarcation comes about. Thank you.
You have a follow-up? Go ahead.
Thank you. Thank you so much, Madam Chairwoman. Thank you, Ms. Miller, for being here. So, you know, one of the concerns I have about this constitutional amendment, beyond that it doesn't, in fact, include some of the protections that are in current law, I say protections that are in current law for our photo ID law. Both our current law and this constitutional amendment are based on this premise that a photo ID card... It's a driver's license, state ID, military ID, veterans ID, whatever the case may be, that a photo ID card is in fact some sort of gold standard to identification. I would argue if you spend any time close to Ohio State's campus on a Friday or Saturday night, you might question that premise. But, you know, as it's laid out in the language, which the document, that language specifically about a document doesn't in fact afford, you know, where we are likely going to be going into the future with what are in fact more accurate identification methods. And you noted, you know, the Veterans Administration now only does a digital identification. The card no longer exists, essentially, unless you get it through your county, but that's not accepted. either in current law or in this constitutional amendment. So can you just speak to that? I mean, we are, in fact, going to cut people off in terms of getting acceptable ideas as we move forward with technology and specific groups of people potentially in the future.
Thank you, Rep. Russo. Thank you, Chair. You know, we all know that election law is hard, right? All of us, there's one thing we can agree on is that that chapter in Ohio Revised Code is kind of messy. when you mess with one thing, you might mess with multiple other things. This is why I don't think this should be in the Constitution whatsoever, that we should be affording ourselves the flexibility of continuing to modernize We always talk about modernizing elections That hard to do through a constitutional amendment when we talking about something as specific as an ID And so I would encourage us not to pass this at all. If we did, I would encourage us to take more time and be more deliberate so we could build in flexibility, make sure it's actually accurate for the kinds of IDs people have now, and we could build that flexibility in. I agree with you. Thank you.
Representative Young.
Yes, I wasn't clear. We basically depend on an attestation that says that I am a U.S. citizen and so on and so forth. There's really truly no verification other than perjury probably. And we also know that any non-citizen can get a Social Security number. So when you're checking those numbers against voter rolls or driver's licenses at BMV, we know that based upon testimony that came before that was verified, apparently, that 94% of them don't match. So that was really my point. Thank you, Chair.
Thank you, Rep Young.
What I would say is I don't think we really can confirm that data and that analysis at this time. I think we really need to see the numbers. the numbers matter, what data they used, and how they made those calculations matter. So I do fully agree with you that we only want citizens voting, and we can work together to figure out ways that that makes sense.
Thank you Any other questions Representative Sinema Yes Thank you Chair Thank you for your testimony today This is a pretty important meeting because after today I am assuming the timeline will be voting on this next week in this committee and potentially on the House floor
And then, of course, it has to pass the Senate, signed by the governor. But if those things all happen, which could happen in the next two weeks, we're talking about a matter that as many as 4 or 5 million, however many people end up voting in this November's election, will be asked on. And a small group of us here today are the ones that are forwarding this process along. And so I think you're the last witness we have today as far as I know. So I just want to ask you a question here. We've been here since 10 a.m., so it's 1254 p.m. that's two hours and 54 minutes. Have you been here the whole time?
Yes.
Okay. To my recollection, not one, not one person has testified today that this resolution, as written currently, should go on the ballot and should be part of a constitutional amendment that we're asking all our voters. Is that my right? Is my recollection of the last two hours and 54 minutes correct? Chair, Ray, and Rep Sendenberg,
That is my understanding. Again, H.J.R. 9 to me is the worst of two worlds in terms of the legislative processes. One is that it's hastily drafted and we haven't had time to really deliberate. And the second is it's actually not fixing any problems for Ohioans today.
Okay, and follow up please. I had already asked an earlier witness but that was in the beginning and now this is the end so I just going to have you confirm We have with the executive directors of the 88 boards as well as the four board members which are bipartisan that 440 board of elections directors or members And we have a secretary of state who's the chief elections officer of the state of Ohio. And I have not. Can you confirm that the secretary of state or his office didn't testify today for this, as well as none of the 440 top elections officials throughout the state?
Thank you, Rep. Sindenburg. And thank you, Chair. I would just say this when when we don't have time to hear from elections officials about elections, we should be we should be concerned. They are community servants. They work together in bipartisan fashion in a way that I think Ohioans want all of us to work. And they are the experts. We consider ourselves experts on how Ohioans interact with electoral systems, but they are the experts on how these systems run. And the fact that we have not heard from them today concerns me. Thank you very much.
Any other questions for the witness?
Thank you very much for coming in.
Thank you. Is there anyone else here who would like to testify today? All right. Well, this concludes the second hearing on House Joint Resolution 9. Seeing no further business before the committee, the House General Government Committee stands adjourned.