FROM THE OFFICE OF WILLIAM C. HAYES PROSECUTING ATTORNEY or LICKING CouNTY ‘sions ‘axroneciosunes (ou eroa255 (oxeer05004 VION asresee ougeroszea November 26, 2018 MEMORANDUM TO: BRIAN MEAD, DEPUTY DIRECTOR LICKING COUNTY BOARD OF ELECTIONS f FROM: WILLIAM C. HAYES, LICKING COUNTY PROSECUTOR\ CAROLYN J. CARNES, APA (yf RE ELIGIBILITY OF COLLEGE STUDENTS TO VOTE ATTORNEY-CLIENT PRIVILEGED Brian: Per your email of November 19, 2018, you requested a legal opinion on two issues: 1. If a utility bill issued by Denison University is a proper and acceptable form of identification? And 2. Ifthe board can refrain from certifying the election for the Granville Exempted Village School Income Tax issue? In order to answer your first question, we must first look at the eligibility of college students to vote in the precinct in which his/her school is located. The Ohio Supreme Court addressed this issue in State ex rel. Colvin et al,, v. Brunner (2008), 120 Ohio St.34 110. The Court specifically held that “[njeither college students nor homeless people are per se ineligible to vote based on residency requirements.” The Court relied upon Section 3503.02(I) of the Ohio Revised Code, which states as follows: “Ifa person does not have a fixed place of habitation, but has a shelter or other location at which the person has been a consistent or regular inhabitant and to which the person has the intention of returning, that shelter or other location shall be deemed the person’s residence for the purpose of registering to vote.”Since college students are eligible to vote, in order to vote at the local precinct, the Ohio Secretary of State sets forth the forms of identification a voter may show at the polling location. One such form of identification that is deemed to be valid is a current utility bill. The Secretary of State defines a utility bill as “a statement of fees owed and/or paid for services. It may be a printout of an electronically transmitted statement for services owed, paid, or a regular paper copy. A utility bill includes, but is not limited to, water, sewer, electric, heating, cable, internet, telephone and cellular telephone services.” Ohio Election Official Manual, page 323. Reviewing the statements issued by Denison University, while no balances are shown as due or payable, it does state that utilities such as electricity and telephone services are provided to students. The Secretary of State has not limited the definition of “utility bill” to state that it must be issued by the provider of the utility. Therefore, itis the opinion of this Office that, until the same is challenged and modified by the Ohio Secretary of State, the statements from Denison University do qualify as a utility bill. With that being said, there is no legal basis for the Board to refrain from certifying the election for the Granville Exempted Village School Income Tax issue, Should you have any questions or concems about this Opinion, please contact our office.