Bill Text: IN HB1105 | 2011 | Regular Session | Introduced
Bill Title: Vote centers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-06 - First reading: referred to Committee on Elections and Apportionment [HB1105 Detail]
Download: Indiana-2011-HB1105-Introduced.html
Citations Affected: IC 3-5-2-49.8; IC 3-11-8-10.3; IC 3-11-18.1.
Synopsis: Vote centers. Establishes the use of vote centers as an
option for all counties. Requires the county election board (board) to
adopt an order designating a county a vote center county, adopt a plan
to administer the vote centers, and file the order and the plan with the
election division. Requires the board to accept and consider public
comment before adopting an order designating the county as a vote
center county. Provides that designation of a county as a vote center
county remains in effect until the board rescinds the order designating
the county as a vote center county and files a copy of the rescission
with the election division. Redesignates automatically as a vote center
county a county previously designated a vote center pilot county. (The
law concerning the use of vote centers in vote center pilot counties has
expired.)
Effective: December 31, 2010 (retroactive).
January 6, 2011, read first time and referred to Committee on Elections and
Apportionment.
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A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(b) An electronic poll list must satisfy all of the following:
(1) An electronic poll list must be programmed so that the coordinated action of two (2) precinct election officers who are not members of the same political party is necessary to record the fact that a voter has voted.
(2) An electronic poll list may not be connected to a voting
system.
(3) An electronic poll list may not permit access to voter
information other than information provided on the certified
list of voters prepared under IC 3-7-29-1.
Chapter 18.1. Vote Centers
Sec. 1. (a) This chapter applies to a county designated as a vote center county under this chapter.
(b) On January 1, 2011, a county designated as a vote center pilot county under:
(1) IC 3-11-18 (before its expiration);
(2) P.L.164-2006, SECTION 148 (before its expiration); or
(3) P.L.108-2008, SECTION 4 (before its expiration);
is automatically redesignated as a vote center county under this chapter.
Sec. 2. As used in this chapter, "board" refers to any of the following:
(1) The county election board.
(2) The board of elections and registration established under IC 3-6-5.2 or IC 3-6-5.4.
Sec. 3. (a) A county must comply with this section to become a vote center county.
(b) The board must hold a public hearing to present a draft plan for administration of vote centers in the county.
(c) After presentation of the draft plan under subsection (b), the board shall accept written public comments on the draft plan.
(d) Not sooner than thirty (30) days after the hearing held under subsection (b), the board shall hold a public hearing to consider the following:
(1) The draft plan.
(2) The written public comments.
(3) Any other public comment that the board may permit on the draft plan.
(e) After consideration of the draft plan and the public comments, the board may do the following:
(1) Adopt an order approving the draft plan.
(2) Amend the draft plan and adopt an order approving the amended draft plan.
The board may adopt the order to approve a plan only by unanimous vote of the entire membership of the board.
(f) All members of the board must sign the order adopting the plan.
(g) The order and the adopted plan must be filed with the election division and must include a copy of:
(1) a resolution adopted by the county executive; and
(2) a resolution adopted by the county fiscal body;
approving the designation of the county as a vote center county.
Sec. 4. The plan required by section 3 of this chapter must include at least the following:
(1) The total number of vote centers to be established.
(2) The location of each vote center.
(3) The effective date of the order.
(4) The following information according to the computerized list (as defined in IC 3-7-26.3-2) as of the date of the order:
(A) The total number of voters within the county.
(B) The number of active voters within the county.
(C) The number of inactive voter within the county.
(5) For each vote center designated under subdivision (2), a list of the precincts whose polls will be located at the vote center.
(6) For each vote center designated under subdivision (2), the number of precinct election boards that will be appointed to administer an election at the vote center.
(7) For each precinct election board designated under subdivision (6), the number and name of each precinct the precinct election board will administer.
(8) For each vote center designated under subdivision (2), the number and title of the precinct election officers who will be appointed to serve at the vote center.
(9) For each vote center designated under subdivision (2):
(A) the number and type of ballot variations that will be provided at the vote center; and
(B) whether these ballots will be:
(i) delivered to the vote center before the opening of the polls; or
(ii) printed on demand for a voter's use.
(10) A detailed description of any hardware, firmware, or software used:
(A) to create an electronic poll list for each precinct whose polls are to be located at a vote center; or
(B) to establish a secure electronic connection between the board and the precinct election officials administering a
vote center.
(11) A description of the equipment and procedures to be used
to ensure that information concerning a voter entered into
any electronic poll list used by precinct election officers at a
vote center is immediately accessible to:
(A) the board; and
(B) the electronic poll lists used by precinct election
officers at all other vote centers in the county.
(12) For each precinct designated under subdivision (5), the
number of electronic poll lists to be provided for the precinct.
(13) The security and contingency plans to be implemented by
the county to do all of the following:
(A) Prevent a disruption of the vote center process.
(B) Ensure that the election is properly conducted if a
disruption occurs.
(C) Prevent recording the fact that a voter has voted
without the coordinated action of two (2) precinct election
officer who are not members of the same political party.
(14) A certification that the vote center complies with the
accessibility requirements applicable to polling places under
IC 3-11-8.
(15) A sketch depicting the planned layout of the vote center,
indicating the location of:
(A) equipment; and
(B) precinct election officers;
within the vote center.
(16) The total number of vote centers to be established at
satellite offices that are established under IC 3-11-10-26.3 to
allow voters to cast absentee ballots in accordance with
IC 3-11.
(17) The method and timing of providing voter data to
persons who are entitled to receive the data under this title.
Data shall be provided to all persons entitled to the data
without unreasonable delay.
Sec. 5. A plan must provide a vote center for use by voters
residing within the county for use in a primary election, general
election, special election, municipal primary, or municipal election
conducted on or after the effective date of the board's order.
Sec. 6. When the total number of active voters in the county
equals at least twenty-five thousand (25,000), the following apply:
(1) The plan must provide for at least one (1) vote center for
each ten thousand (10,000) active voters.
(2) In addition to the vote centers designated in subdivision
(1), the plan must provide for a vote center for any fraction of
ten thousand (10,000) voters.
Sec. 7. Before adopting an order designating a county as a vote
center county under this chapter, the board must determine the
following:
(1) That the secure electronic connection as described under
section 4(10)(B) of this chapter is sufficient to prevent:
(A) any voter from voting more than once; and
(B) unauthorized access by any person to:
(i) the electronic poll lists for a precinct whose polls are
to be located at the vote center; or
(ii) the computerized list of voters of the county.
(2) That the planned design and location of the equipment and
precinct officers will provide the most efficient access for:
(A) voters to enter the polls, cast their ballots, and leave
the vote center; and
(B) precinct election officials, watchers, challengers, and
pollbook holders to exercise their rights and perform their
duties within the vote center.
Sec. 8. (a) The designation of a county as a vote center county
takes effect immediately upon the filing of the order with the
election division, unless otherwise specified by the board.
(b) The designation of a county as a vote center county remains
in effect until the board, by unanimous vote of its entire
membership:
(1) rescinds the order designating the county as a vote center
county; and
(2) files a copy of the document rescinding the order with the
election division.
Sec. 9. The county executive shall publish notice of the location
of each vote center in accordance with IC 3-11-8-3.2.
Sec. 10. (a) An order issued by a county to:
(1) designate the polls for a precinct or to locate the polls for
a precinct at the polls for an adjoining precinct under IC 3-10
or IC 3-11; or
(2) omit precinct election officers under IC 3-6-6-38 at a
specified precinct;
is suspended during the period that the voters of that precinct are
entitled to cast a ballot at a vote center.
(b) An order suspended under subsection (a) is revived and in
full force and effect without further action by a county when the
voters of that precinct are no longer entitled to cast a ballot at a
vote center under this chapter.
Sec. 11. Except as otherwise provided by this chapter, the
county shall administer an election conducted at a vote center in
accordance with federal law, this title, and the plan approved by
the board's order under section 3(e) of this chapter.
Sec. 12. Notwithstanding any other law, a voter who resides in
a vote center county is entitled to cast an absentee ballot at a vote
center located at a satellite office of the board established under
IC 3-11-10-26.3 in the same manner and subject to the same
restrictions applicable to a voter wishing to cast an absentee ballot
before an absentee board located in the office of the circuit court
clerk or board of elections and registration.
Sec. 13. Notwithstanding any other law, the electronic poll list
used at each vote center:
(1) must comply with IC 3-11-8-10.3;
(2) must be capable of capturing an electronic image of the
signature of a voter on the list; and
(3) may be in a format approved by the secretary of state.
Sec. 14. Notwithstanding any other law, including IC 3-11-8-2
and IC 3-14-2-11, a voter who resides in a vote center county is
entitled to cast a ballot at any vote center established in the county
without regard to the precinct in which the voter resides.
Sec. 15. (a) In addition to the precinct election officers appointed
under IC 3-6-6, a board by the unanimous vote of the entire
membership may appoint one (1) or more greeters to:
(1) direct voters entering the vote center to the appropriate
location for the voters to sign the electronic poll list; and
(2) provide other instructions to facilitate the efficient
movement of individuals within the vote center.
(b) An individual appointed as a greeter under this section must
bear credentials issued by the board stating the name of the
individual and the individual's status as a greeter.
Sec. 16. The precinct election board administering an election
at a vote center shall keep the ballots cast in each precinct separate
from the ballots cast in any other precinct whose election is
administered at the vote center, so that the votes cast for each
candidate and on each public question in each of the precincts
administered by the precinct election board may be determined.
Sec. 17. (a) A county may amend a plan approved by a board's
order under section 3(e) of this chapter.
(b) For a county to amend its plan:
(1) the board, by unanimous vote of the entire membership of
the board, must approve the plan amendment;
(2) all members of the board must sign the amendment; and
(3) the amendment must be filed with the election division.
(c) A plan amendment takes effect immediately upon filing with
the election division, unless otherwise specified by the board.
