Bill Text: IN HB1069 | 2011 | Regular Session | Introduced
Bill Title: Straight ticket voting.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-01-12 - Representative Noe added as coauthor [HB1069 Detail]
Download: Indiana-2011-HB1069-Introduced.html
Citations Affected: IC 3-10-7-32; IC 3-11; IC 3-12-1.
Synopsis: Straight ticket voting. Removes a voter's option to vote for
all candidates of a political party or an independent ticket at one time
(straight ticket voting) in a general or municipal election, except for
candidates for presidential electors.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Elections and
Apportionment.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(b) The town election board and its precinct election officers shall perform the duties of the county election board and its precinct election officers under IC 3-11 for each voting method used.
(c) The town election board shall prepare the ballots in the form prescribed by IC 3-11 and distribute them to the precincts in the town.
(d) This subsection applies only to paper ballots. Notwithstanding subsection (c), the town election board, by unanimous consent of the board's entire membership, may authorize the printing or reproduction of ballots on equipment under the control of the town clerk-treasurer. If the town election board acts under this subsection, the ballots are not required to conform to the precise dimensions concerning the size of political party devices under IC 3-11-2-9 or the placement of a candidate's name under IC
the ballots must otherwise substantially conform with IC 3-11-2.
the order of arrangement provided for ballots under this section.
(b) Each county election board shall have the names of all
candidates for all elected offices, political party offices, and public
questions printed on a ballot card as provided in this chapter. The
county may:
(1) print all offices and questions on a single ballot card; and
(2) include a ballot variation code to ensure that the proper
version of a ballot is used within a precinct.
(c) Each type of ballot card must be of uniform size and of the same
quality and color of paper (except as permitted under IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate
or independent ticket (described in IC 3-11-2-6) nominated by
petitioners shall be listed on the ballot with the name and device set
forth on the certification or petition. The circle containing the device
may be of any size that permits a voter to readily identify the device.
IC 3-11-2-5 applies if the certification or petition does not include a
name or device, or if the same device is selected by two (2) or more
parties or petitioners.
(e) The offices on the general election ballot must be placed on the
ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.2,
IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-13(a)
through IC 3-11-2-13(c), IC 3-11-2-14(a), and IC 3-11-2-14(d). The
offices and public questions may be listed in a continuous column
either vertically or horizontally and on a number of separate pages.
However, school board offices, public questions concerning the
retention of a justice or judge, local nonpartisan judicial offices, and
local public questions must be placed at the beginning of separate
columns.
(f) The name of each office must be printed in a uniform size in bold
type. A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the highest
number of votes in the county for secretary of state at the last
election is listed first.
(2) The major political party whose candidate received the second
highest number of votes in the county for secretary of state is
listed second.
(3) All other political parties listed in the order that the parties' candidates for secretary of state finished in the last election are listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of state in the last election or a nominee is an independent candidate or independent ticket (described in IC 3-11-2-6), the party or candidate is listed after the parties described in subdivisions (1), (2), and (3).
(5) If more than one (1) political party or independent candidate or ticket described in subdivision (4) qualifies to be on the ballot, the parties, candidates, or tickets are listed in the order in which the party filed its petition of nomination under IC 3-8-6-12.
(6) A space for write-in voting is placed after the candidates listed in subdivisions (1) through (5), if required by law.
(7) The name of a write-in candidate may not be listed on the ballot.
(h) The names of the candidates grouped in the order established by subsection (g) must be printed in type with uniform capital letters and have a uniform space between each name. The name of the candidate's political party, or the word "Independent" if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name of the candidate and must be printed in a uniform size and type.
(i) All the candidates of the same political party for election to at-large seats on the fiscal or legislative body of a political subdivision must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the order established by subsection (g); and
(3) within the political party, in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of the office and above the name of the first candidate: "Vote for not more than (insert the number of candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body of a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking; and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of the office and above the name of the first candidate: "Vote for not more than (insert the number of candidates to be elected) candidate(s) for this office.".
(k) The following information must be placed at the top of the ballot before the first office is listed:
(1) The cautionary statement described in IC 3-11-2-7.
(2) The instructions described in IC 3-11-2-8
(l)
(m) A public question must be in the form described in IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable arrow, a circle, or an oval may be used instead of a square. Except as expressly authorized or required by statute, a county election board may not print a ballot card that contains language concerning the public question other than the language authorized by a statute.
(n) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to optical scan ballots.
(o) The procedure described in IC 3-11-2-16 must be used when a ballot does not comply with the requirements imposed by this title or contains another error or omission that might result in confusion or mistakes by voters.
(p) This subsection applies to an optical scan ballot that does not list:
(1) the names of political parties or candidates; or
(2) the text of public questions;
on the face of the ballot. The ballot must be prepared in accordance with this section, except that the ballot must include a numbered circle or oval to refer to each political party, candidate, or public question.
(b) After receiving ballot cards, a voter shall, without leaving the room, go alone into one (1) of the booths or compartments that is unoccupied and indicate:
(1) the candidates for whom the voter desires to vote by marking the connectable arrows, circles, ovals, or squares immediately beside:
(A) the candidates' names; or
(B) the numbers referring to the candidates; and
(2) the voter's preference on each public question by marking the connectable arrow, oval, or square beside:
(A) the word "yes" or "no" under the question; or
(B) the number referring to the word "yes" or "no" on the ballot.
names of all candidates for all elected offices, political party offices,
and public questions printed on ballot labels for use in an electronic
voting system as provided in this chapter.
(b) The county may:
(1) print all offices and public questions on a single ballot label;
and
(2) include a ballot variation code to ensure that the proper
version of a ballot label is used within a precinct.
(c) Each type of ballot label or paster must be of uniform size and
of the same quality and color of paper (except as permitted under
IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate
or independent ticket (described in IC 3-11-2-6) nominated by
petitioners must be listed on the ballot label with the name and device
set forth on the certification or petition. The circle containing the
device may be of any size that permits a voter to readily identify the
device. IC 3-11-2-5 applies if the certification or petition does not
include a name or device, or if the same device is selected by two (2)
or more parties or petitioners.
(e) The ballot labels must list the offices on the general election
ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.2,
IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-13(a)
through IC 3-11-2-13(c), IC 3-11-2-14(a), and IC 3-11-2-14(d). Each
office and public question may have a separate screen, or the offices
and public questions may be listed in a continuous column either
vertically or horizontally. However, school board offices, public
questions concerning the retention of a justice or judge, local
nonpartisan judicial offices, and local public questions shall be placed
at the beginning of separate columns or pages.
(f) The name of each office must be printed in a uniform size in bold
type. A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the highest
number of votes in the county for secretary of state at the last
election is listed first.
(2) The major political party whose candidate received the second
highest number of votes in the county for secretary of state is
listed second.
(3) All other political parties listed in the order that the parties'
candidates for secretary of state finished in the last election are
listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of
state in the last election or a nominee is an independent candidate
or independent ticket (described in IC 3-11-2-6), the party or
candidate is listed after the parties described in subdivisions (1),
(2), and (3).
(5) If more than one (1) political party or independent candidate
or ticket described in subdivision (4) qualifies to be on the ballot,
the parties, candidates, or tickets are listed in the order in which
the party filed its petition of nomination under IC 3-8-6-12.
(6) A space for write-in voting is placed after the candidates listed
in subdivisions (1) through (5), if required by law.
(7) The name of a write-in candidate may not be listed on the
ballot.
(h) The names of the candidates grouped in the order established by
subsection (g) must be printed in type with uniform capital letters and
have a uniform space between each name. The name of the candidate's
political party, or the word "Independent", if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name
of the candidate and must be printed in uniform size and type.
(i) All the candidates of the same political party for election to
at-large seats on the fiscal or legislative body of a political subdivision
must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the party order established by subsection (g); and
(3) within the political party, in alphabetical order according to
surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body
of a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking;
and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of the office and above the name of the first candidate: "Vote for not more than (insert the number of candidates to be elected) candidate(s) for this office.".
(k) The cautionary statement described in IC 3-11-2-7 must be placed at the top or beginning of the ballot label before the first office is listed.
(l) The instructions described in IC 3-11-2-8
(1) placed on the ballot label; or
(2) posted in a location within the voting booth that permits the voter to easily read the instructions.
(m)
(n) A public question must be in the form described in IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive point or button must be used instead of a square. Except as expressly authorized or required by statute, a county election board may not print a ballot label that contains language concerning the public question other than the language authorized by a statute.
(o) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to ballots for electronic voting systems.
(p) The procedure described in IC 3-11-2-16 must be used when a ballot label does not comply with the requirements imposed by this title or contains another error or omission that might result in confusion or
mistakes by voters.
(b) If a voter is not challenged by a member of the precinct election board, the voter may pass the railing to the side where an electronic voting system is and into the voting booth. There the voter shall register the voter's vote in secret by indicating:
(1) the candidates for whom the voter desires to vote by touching a device on or in the squares immediately above the candidates' names;
(2) if the voter intends to cast a write-in vote, a write-in vote by touching a device on or in the square immediately below the candidates' names and printing the name of the candidate in the window provided for write-in voting; and
(3) the voter's preference on each public question by touching a device above the word "yes" or "no" under the question.
(1) permitted to verify in a private and independent manner the votes selected by the voter before the ballot is cast and counted;
(2) provided the opportunity to change the ballot or correct any error in a private and independent manner before the ballot is cast and counted, including the opportunity to receive a replacement ballot if the voter is otherwise unable to change or correct the ballot; and
(3) notified before the ballot is cast regarding the effect of casting multiple votes for the office and provided an opportunity to correct the ballot before the ballot is cast and counted.
[EFFECTIVE JULY 1, 2011]: Sec. 7. (a) This subsection applies
whenever a voter:
(1) votes a straight party ticket; and
(2) votes only for one (1) or more individual candidates who are
all of the same political party as the straight ticket vote.
The straight ticket vote shall be counted and the individual candidate
votes may not be counted.
(b) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party;
(2) only one (1) person may be elected to an office; and
(3) the voter has voted for one (1) individual candidate for the
office described in subdivision (2) who is:
(A) a candidate of a political party other than the party for
which the voter voted a straight ticket; or
(B) an independent candidate for the office.
If the voter has voted for one (1) individual candidate for the office
described in subdivision (2), the individual candidate vote for that
office shall be counted, the straight party ticket vote for that office may
not be counted, and the straight party ticket votes for other offices on
the ballot shall be counted.
(c) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party; and
(2) the voter has voted for more individual candidates for the
office than the number of persons to be elected to that office.
The individual candidate votes for that office may not be counted, the
straight party ticket vote for that office may not be counted, and the
straight party ticket votes for other offices on the ballot shall be
counted.
(d) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the office
described in subdivision (2) who are:
(A) independent candidates;
(B) candidates of a political party other than the political party
for which the voter cast a straight party ticket under
subdivision (1); or
(C) a combination of candidates described in clauses (A) and
(B).
on a public question shall be counted if otherwise valid under this
chapter.
(g) (a) If a voter does not vote a straight party ticket and the number
of votes cast by that a voter for the candidates for an office are less
than or equal to the number of openings for that office, the individual
candidates votes shall be counted.
(h) (b) If a voter does not vote a straight party ticket and the number
of votes cast by that a voter for an office exceeds the number of
openings for that office, none of the votes concerning that office may
be counted.
does not apply to a vote
(1) cast for president or vice president of the United States under
IC 3-10-4-6. or
(2) described by section 15 of this chapter.
(b) A vote cast for a candidate who ceases to be a candidate may not
be counted as a vote for a successor candidate selected under IC 3-13-1
or IC 3-13-2.
SECTION 10. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2011]: IC 3-11-7-4; IC 3-11-7-6; IC 3-11-11-10;
IC 3-11-13-14; IC 3-12-1-15.
