Introduced Version
HOUSE BILL No. 1106
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-10-1-31.1; IC 3-11; IC 3-11.7; IC 3-14-4-3.
Synopsis: Provisional ballots; vote centers; satellite offices. Requires
that election material related to provisional ballots (excluding the
provisional ballots themselves) be made available for copying and
inspection under the access to public records law in the same manner
as other election material, except in the case of a recount or contest,
when material related to provisional ballots remains confidential for six
months after the completion of the recount or contest. Provides that
information in material related to provisional ballots that identifies an
individual, except for the individual's name, address, and birth date,
remains confidential. Permits a voter who is qualified to vote in person
to vote by absentee ballot. Removes all other qualifications for a voter
to vote by absentee ballot except for a voter with disabilities who is
unable to make a voting mark on the ballot or sign the absentee ballot
secrecy envelope. (Such a disabled voter is currently required to vote
before an absentee voter board.) Requires a precinct election officer,
in the case of a voter who casts a provisional ballot, or an absentee
voter board, in the case of a voter who casts an absentee ballot that is
treated as a provisional ballot, to provide both orally and in writing an
explanation of the steps the voter must take in order to have the voter's
ballot counted. Requires the election commission to prescribe the form
of the explanation. Requires the circuit court clerk of a county that
conducts an election in which a voter casts a provisional ballot or an
absentee ballot that is treated as a provisional ballot to notify the voter
not later than three days after election day concerning: (1) the reasons
that the voter's ballot is being treated as a provisional ballot; (2) what
actions, if any, that the voter must take in order to have the voter's
(Continued next page)
Effective: July 1, 2010; January 1, 2011.
Battles
January 5, 2010, read first time and referred to Committee on Elections and
Apportionment.
Digest Continued
ballot
counted; (3) the deadline by which the voter must act to have the
voter's ballot counted; and (4) certain contact information that the
provisional voter may use to find out about the provisional voter's
ballot. Requires that the notice be sent by first class United States mail
or given by another method that the circuit court clerk determines will
provide actual notice to the voter. Requires that the notice must be in
a form prescribed by the election commission. Provides that a person
required to give notice to a voter relating to the voter's provisional
ballot who knowingly or intentionally fails to do so commits a Class C
infraction. Requires the county election board to provide a list of the
name and addresses of all voters who cast a provisional ballot at an
election to a candidate whose name was on the ballot or the county
chairman of a political party in the county not later than 72 hours after
the request. Requires the circuit court clerk and the secretary of state
to compile and make public certain information about provisional
voting. Removes the requirement that a county election board may
establish satellite offices only by the unanimous vote of the board's
members. Extends the expiration date of the vote center pilot project to
December 31, 2013. Requires the county election board of a vote center
county to provide preliminary election results, broken down by
precinct, not later than noon the day after election day. Requires a vote
center pilot county to establish at least one satellite office for absentee
voting. Requires that a county's vote center plan must incorporate
certain elements.
Introduced
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
this style type reconciles conflicts
between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
HOUSE BILL No. 1106
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-10-1-31.1; (10)IN1106.1.1. -->
SECTION 1. IC 3-10-1-31.1, AS AMENDED BY P.L.230-2005,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 31.1. (a) This section applies only to election
materials for elections held after December 31, 2003.
(b) The inspector of each precinct shall deliver the bags required by
section 30(a) and 30(c) of this chapter in good condition, together with
poll lists, tally sheets, and other forms, to the circuit court clerk when
making returns.
(c) Except for unused ballots disposed of under IC 3-11-3-31 or
affidavits received by the county election board under IC 3-14-5-2 for
delivery to the foreman of a grand jury, the circuit court clerk shall seal
the ballots and other material during the time allowed to file a verified
petition or cross-petition for a recount of votes or to contest the
election. Except as provided in subsection (d)
and notwithstanding
any other provision of Indiana law, after the recount or contest filing
period, the election material, including election material related to
provisional ballots (except for ballots and provisional ballots, which
remain confidential), shall be made available for copying and
inspection under IC 5-14-3. The circuit court clerk shall carefully
preserve the sealed ballots and other material for twenty-two (22)
months, as required by 42 U.S.C. 1974, after which the sealed ballots
and other material are subject to IC 5-15-6 unless an order issued
under:
(1) IC 3-12-6-19 or IC 3-12-11-16; or
(2) 42 U.S.C. 1973;
requires the continued preservation of the ballots or other material.
(d) If a petition for a recount or contest is filed, the following apply:
(1) The material for that election remains confidential until
completion of the recount or contest.
(2) Notwithstanding subdivision (1), material related to the
provisional ballots cast in that election remains confidential
for six (6) months after the completion of the recount or
contest.
(e) Upon delivery of the poll lists, the county voter registration
office may unseal the envelopes containing the poll lists. For the
purposes of:
(1) a cancellation of registration conducted under IC 3-7-43
through IC 3-7-46;
(2) a transfer of registration conducted under IC 3-7-39,
IC 3-7-40, or IC 3-7-42;
(3) a change of name made under IC 3-7-41;
(4) adding the registration of a voter under IC 3-7-48-8; or
(5) recording that a voter subject to IC 3-7-33-4.5 submitted the
documentation required under 42 U.S.C. 15483 and IC 3-11-8 or
IC 3-11-10;
the county voter registration office may inspect the poll lists and update
the registration record of the county. The county voter registration
office shall use the poll lists to update the registration record to include
the voter's voter identification number if the voter's voter identification
number is not already included in the registration record. Upon
completion of the inspection, the poll list shall be preserved with the
ballots and other materials in the manner prescribed by subsection (c)
for the period prescribed by subsections (c) and (d).
(f) This subsection does not apply to ballots, including provisional
ballots. Notwithstanding subsection (c), if a county voter registration
office determines that the inspection and copying of precinct election
material would reveal the political parties, candidates, and public
questions for which an individual cast an absentee ballot, the county
voter registration office shall keep confidential only that part of the
election material necessary to protect the secrecy of the voter's ballot.
In addition, the county voter registration office shall keep
confidential information contained in material related to
provisional ballots that identifies an individual, except for the
individual's name, address, and birth date.
(g) After the expiration of the period described in subsection (c) or
(d), the ballots may be destroyed in the manner provided by
IC 3-11-3-31 or transferred to a state educational institution as
provided by IC 3-12-2-12.
SOURCE: IC 3-11-3-11; (10)IN1106.1.2. -->
SECTION 2. IC 3-11-3-11, AS AMENDED BY P.L.230-2005,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 11. The county election board shall deliver
the following to each inspector or the inspector's representative:
(1) The supplies provided for the inspector's precinct by the
election division.
(2) The local sample ballots, the ballot labels, if any, and all poll
lists, registration lists, and other supplies considered necessary to
conduct the election in the inspector's precinct.
(3) The local ballots printed under the direction of the county
election board as follows:
(A) In those precincts where ballot card voting systems are to
be used, the number of ballots at least equal to one hundred
percent (100%) of the number of voters in the inspector's
precinct, according to the poll list.
(B) In those precincts where electronic voting systems are to
be used, the number of ballots that will be required to be
printed and furnished to the precincts for emergency purposes
only.
(C) Provisional ballots in the number considered necessary by
the county election board.
(4) Twenty (20) ink pens suitable for printing the names of
write-in candidates on the ballot or ballot envelope.
(5) Copies of the voter's bill of rights for posting as required by 42
U.S.C. 15482.
(6) Copies of the instructions for a provisional voter required by
42 U.S.C. 15482 and IC 3-11.7-2-2. The county election board
shall provide at least the number of copies of the instructions as
the number of provisional ballots provided under subdivision (3).
SOURCE: IC 3-11-4-1; (10)IN1106.1.3. -->
SECTION 3. IC 3-11-4-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2011]: Sec. 1. (a) A voter who is
otherwise qualified to vote in person is entitled to vote by absentee
ballot: Except
(1) by mail;
(2) before an absentee voter board as otherwise provided in this
article; a voter voting by absentee ballot must vote
(3) in the office of the circuit court clerk (or board of elections
and registration in a county subject to IC 3-6-5.2); or
(4) at a satellite office established under IC 3-11-10-26.3.
(b) A county election board, by unanimous vote of its entire
membership, may authorize a person who is otherwise qualified to vote
in person to vote by absentee ballot if the board determines that the
person has been hospitalized or suffered an injury following the final
date and hour for applying for an absentee ballot that would prevent the
person from voting in person at the polls.
(c) The commission, by unanimous vote of its entire membership,
may authorize a person who is otherwise qualified to vote in person to
vote by absentee ballot if the commission determines that an
emergency prevents the person from voting in person at a polling place.
(d) The absentee ballots used in subsection (b) or (c) must be the
same official absentee ballots as described in section sections 12 and
13 of this chapter. Taking into consideration the amount of time
remaining before the election, the commission shall determine whether
the absentee ballots are transmitted to and from the voter by mail or
personally delivered. An absentee ballot that is personally delivered
shall comply with the requirements in sections 19, 20, and 21 of this
chapter.
SOURCE: IC 3-11-4-2; (10)IN1106.1.4. -->
SECTION 4. IC 3-11-4-2, AS AMENDED BY P.L.103-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 2. (a) A voter who wants to vote by absentee
ballot must apply to the county election board for an official absentee
ballot. Except as provided in subsection (b), the voter must sign the
absentee ballot application.
(b) If a voter with disabilities is unable to sign the absentee ballot
application and the voter has not designated an individual to serve as
attorney in fact for the voter, the county election board may designate
an individual to sign the application on behalf of the voter. If an
individual applies for an absentee ballot as the properly authorized
attorney in fact for a voter, the attorney in fact must attach a copy of the
power of attorney to the application.
(c) A person may provide an individual with an application for an
absentee ballot with the following information already printed or
otherwise set forth on the application when provided to the individual:
(1) The name of the individual.
(2) The voter registration address of the individual.
(3) The mailing address of the individual.
(4) The date of birth of the individual.
(5) The voter identification number of the individual.
(d) A person may not provide an individual with an application for
an absentee ballot with the following information already printed or
otherwise set forth on the application when provided to the individual:
(1) The address to which the absentee ballot would be mailed, if
different from the voter registration address of the individual.
(2) In a primary election, the major political party ballot requested
by the individual.
(3) In a primary or general election, the types of absentee ballots
requested by the individual.
(4) The reason why the individual is entitled to vote an absentee
ballot:
(A) by mail; or
(B) before an absentee voter board (other than an absentee
voter board located in the office of the circuit court clerk or a
satellite office);
in accordance with IC 3-11-4-18, IC 3-11-10-24, or
IC 3-11-10-25.
(e) If the county election board determines that an absentee ballot
application does not comply with subsection (d), the board shall deny
the application under section 17.5 of this chapter.
(f) A person who assists an individual in completing any
information described in subsection (d) on an absentee ballot
application shall state under the penalties for perjury the following
information on the application:
(1) The full name, residence and mailing address, and daytime
and evening telephone numbers (if any) of the person providing
the assistance.
(2) The date this assistance was provided.
(3) That the person providing the assistance has complied with
Indiana laws governing the submission of absentee ballot
applications.
(4) That the person has no knowledge or reason to believe that the
individual submitting the application:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(g) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal Service
or a bonded courier company. A person who receives a completed
absentee ballot application from the individual who has applied for the
absentee ballot shall file the application with the appropriate county
election board not later than:
(1) noon seven (7) days after the person receives the application;
or
(2) the deadline set by Indiana law for filing the application with
the board;
whichever occurs first.
(h) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal Service
or a bonded courier company. A person filing an absentee ballot
application, other than the person's own absentee ballot application,
must sign an affidavit at the time of filing the application. The affidavit
must be in a form prescribed by the commission. The form must
include the following:
(1) A statement of the full name, residence and mailing address,
and daytime and evening telephone numbers (if any) of the person
submitting the application.
(2) A statement that the person filing the affidavit has complied
with Indiana laws governing the submission of absentee ballot
applications.
(3) A statement that the person has no knowledge or reason to
believe that the individual whose application is to be filed:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(4) A statement that the person is executing the affidavit under the
penalties of perjury.
(5) A statement setting forth the penalties for perjury.
(i) The county election board shall record the date and time of the
filing of the affidavit.
SOURCE: IC 3-11-4-18; (10)IN1106.1.5. -->
SECTION 5. IC 3-11-4-18, AS AMENDED BY P.L.164-2006,
SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 18. (a)
If a voter satisfies any of the
qualifications described in IC 3-11-10-24 that entitle a voter to cast an
absentee ballot by mail, The county election board shall, at the request
of the voter, mail
the an official ballot, postage fully prepaid, to the
voter at the address stated in the application.
(b) If the county election board mails an absentee ballot to a voter
required to file additional documentation with the county voter
registration office before voting by absentee ballot under this chapter,
the board shall include a notice to the voter in the envelope mailed to
the voter under section 20 of this chapter. The notice must inform the
voter that the voter must file the additional documentation required
under IC 3-7-33-4.5 with the county voter registration office not later
than noon on election day for the absentee ballot to be counted as an
absentee ballot, and that, if the documentation required under
IC 3-7-33-4.5 is filed after noon and before 6 p.m. on election day, the
ballot will be processed as a provisional ballot. The commission shall
prescribe the form of this notice under IC 3-5-4-8.
(c) Except as provided in section 18.5 of this chapter, the ballot
shall be mailed:
(1) on the day of the receipt of the voter's application; or
(2) not more than five (5) days after the date of delivery of the
ballots under section 15 of this chapter;
whichever is later.
(d) In addition to the ballot mailed under subsection (c), the county
election board shall mail a special absentee ballot for overseas voters.
(e) Except as provided in section 18.5 of this chapter, the ballot
described in subsection (d):
(1) must be mailed:
(A) on the day of the receipt of the voter's application; or
(B) not more than five (5) days after the latest date for delivery
of the ballots under section 13(b) of this chapter applicable to
that election;
whichever is later; and
(2) may not be mailed after the absentee ballots described by
section 13(a) of this chapter have been delivered to the circuit
court clerk or the clerk's authorized deputy.
(f) As required by 42 U.S.C. 15481, an election board shall establish
a voter education program (specific to a paper ballot or optical scan
ballot card provided as an absentee ballot under this chapter) to notify
a voter of the effect of casting multiple votes for a single office.
(g) As provided by 42 U.S.C. 15481, when an absentee ballot is
mailed under this section, the mailing must include:
(1) information concerning the effect of casting multiple votes for
an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots.
SOURCE: IC 3-11-8-25.2; (10)IN1106.1.6. -->
SECTION 6. IC 3-11-8-25.2, AS AMENDED BY P.L.164-2006,
SECTION 101, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2011]: Sec. 25.2. (a) The poll clerk or
assistant poll clerk shall examine the list provided under IC 3-7-29-1
to determine if the county election board has indicated that the voter is
required to provide additional personal identification under 42 U.S.C.
15483 and IC 3-7-33-4.5 before voting in person. If the list (or a
certification concerning absentee voters under IC 3-11-10-12) indicates
that the voter is required to present this identification before voting in
person, the poll clerk shall advise the voter that the voter must present,
in addition to the proof of identification required by section 25.1(a) of
this chapter, a piece of identification described in subsection (b) to the
poll clerk.
(b) As required by 42 U.S.C. 15483, and in addition to the proof of
identification required by section 25.1(a) of this chapter, a voter
described by IC 3-7-33-4.5 who has not complied with IC 3-7-33-4.5
before appearing at the polls on election day must present one (1) of the
following documents to the poll clerk:
(1) A current and valid photo identification.
(2) A current utility bill, bank statement, government check,
paycheck, or government document that shows the name and
address of the voter.
(c) If a voter presents a document under subsection (b), the poll
clerk shall add a notation to the list indicating the type of document
presented by the voter. The election division shall prescribe a
standardized coding system to classify documents presented under this
subsection for entry into the county voter registration system.
(d) If a voter required to present documentation under subsection (b)
is unable to present the documentation to the poll clerk while present
in the polls, the poll clerk shall notify the precinct election board. The
board shall provide a provisional ballot to the voter under IC 3-11.7-2.
(e) The precinct election board shall advise the voter, both orally
and in writing, that the voter may file a copy of the documentation
with the county voter registration office to permit the provisional ballot
to be counted under IC 3-11.7. The commission shall prescribe the
form of the explanation required by this subsection.
(f) The circuit court clerk shall provide the notice required by
IC 3-11.7-6-4 to a voter who casts a provisional ballot under this
section.
SOURCE: IC 3-11-10-24; (10)IN1106.1.7. -->
SECTION 7. IC 3-11-10-24, AS AMENDED BY P.L.120-2009,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 24. (a) Except as provided in subsection (b),
a voter
who satisfies any of the following is entitled to vote by mail.
(1) The voter has a specific, reasonable expectation of being
absent from the county on election day during the entire twelve
(12) hours that the polls are open.
(2) The voter will be absent from the precinct of the voter's
residence on election day because of service as:
(A) a precinct election officer under IC 3-6-6;
(B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
(C) a challenger or pollbook holder under IC 3-6-7; or
(D) a person employed by an election board to administer the
election for which the absentee ballot is requested.
(3) The voter will be confined on election day to the voter's
residence, to a health care facility, or to a hospital because of an
illness or injury during the entire twelve (12) hours that the polls
are open.
(4) The voter is a voter with disabilities.
(5) The voter is an elderly voter.
(6) The voter is prevented from voting due to the voter's care of
an individual confined to a private residence because of illness or
injury during the entire twelve (12) hours that the polls are open.
(7) The voter is scheduled to work at the person's regular place of
employment during the entire twelve (12) hours that the polls are
open.
(8) The voter is eligible to vote under IC 3-10-11 or IC 3-10-12.
(9) The voter is prevented from voting due to observance of a
religious discipline or religious holiday during the entire twelve
(12) hours that the polls are open.
(10) The voter is an address confidentiality program participant
(as defined in IC 5-26.5-1-6).
(11) The voter is a member of the military or public safety officer.
(b) A voter with disabilities who:
(1) is unable to make a voting mark on the ballot or sign the
absentee ballot secrecy envelope; and
(2) requests that the absentee ballot be delivered to an address
within Indiana;
must vote before an absentee voter board under section 25(b) of this
chapter.
(c) If a voter receives an absentee ballot by mail, the voter shall
personally mark the ballot in secret and seal the marked ballot inside
the envelope provided by the county election board for that purpose.
The voter shall:
(1) deposit the sealed envelope in the United States mail for
delivery to the county election board; or
(2) authorize a member of the voter's household or the individual
designated as the voter's attorney in fact to:
(A) deposit the sealed envelope in the United States mail; or
(B) deliver the sealed envelope in person to the county
election board.
(d) If a member of the voter's household or the voter's attorney in
fact delivers the sealed envelope containing a voter's absentee ballot to
the county election board, the individual delivering the ballot shall
complete an affidavit in a form prescribed by the commission. The
affidavit must contain the following information:
(1) The name and residence address of the voter whose absentee
ballot is being delivered.
(2) A statement of the full name, residence and mailing address,
and daytime and evening telephone numbers (if any) of the
individual delivering the absentee ballot.
(3) A statement indicating whether the individual delivering the
absentee ballot is a member of the voter's household or is the
attorney in fact for the voter. If the individual is the attorney in
fact for the voter, the individual must attach a copy of the power
of attorney for the voter, unless a copy of this document has
already been filed with the county election board.
(4) The date and location at which the absentee ballot was
delivered by the voter to the individual delivering the ballot to the
county election board.
(5) A statement that the individual delivering the absentee ballot
has complied with Indiana laws governing absentee ballots.
(6) A statement that the individual delivering the absentee ballot
is executing the affidavit under the penalties of perjury.
(7) A statement setting forth the penalties for perjury.
(e) The county election board shall record the date and time that the
affidavit under subsection (d) was filed with the board.
(f) After a voter has mailed or delivered an absentee ballot to the
office of the circuit court clerk, the voter may not recast a ballot, except
as provided in:
(1) section 1.5 of this chapter; or
(2) section 33 of this chapter.
SOURCE: IC 3-11-10-26; (10)IN1106.1.8. -->
SECTION 8. IC 3-11-10-26, AS AMENDED BY P.L.164-2006,
SECTION 109, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2011]: Sec. 26. (a) As an alternative to
voting by mail, a voter is entitled to cast an absentee ballot before an
absentee voter board:
(1) in the office of the circuit court clerk (or board of elections
and registration in a county subject to IC 3-6-5.2); or
(2) at a satellite office established under section 26.3 of this
chapter.
(b) The voter must:
(1) sign an application on the form prescribed by the commission
under IC 3-11-4-5.1; and
(2) provide proof of identification;
before being permitted to vote. The application must be received by the
circuit court clerk not later than the time prescribed by IC 3-11-4-3.
(c) The voter may vote before the board not more than twenty-nine
(29) days nor later than noon on the day before election day.
(d) An absent uniformed services voter who is eligible to vote by
absentee ballot in the circuit court clerk's office under IC 3-7-36-14
may vote before the board not earlier than twenty-nine (29) days before
the election and not later than noon on election day. If a voter described
by this subsection wishes to cast an absentee ballot during the period
beginning at noon on the day before election day and ending at noon on
election day, the county election board or absentee voter board may
receive and process the ballot at a location designated by resolution of
the county election board.
(e) The absentee voter board in the office of the circuit court clerk
must permit voters to cast absentee ballots under this section for at
least seven (7) hours on each of the two (2) Saturdays preceding
election day.
(f) Notwithstanding subsection (e), in a county with a population of
less than twenty thousand (20,000), the absentee voter board in the
office of the circuit court clerk, with the approval of the county election
board, may reduce the number of hours available to cast absentee
ballots under this section to a minimum of four (4) hours on each of the
two (2) Saturdays preceding election day.
(g) As provided by 42 U.S.C. 15481, a voter casting an absentee
ballot under this section must be:
(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 with 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.
(h) As provided by 42 U.S.C. 15481, when an absentee ballot is
provided under this section, the board must also provide the voter with:
(1) information concerning the effect of casting multiple votes for
an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots.
(i) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the board determines that the proof of
identification provided by the voter does not qualify as proof of
identification under IC 3-5-2-40.5;
the voter shall be permitted to cast an absentee ballot and the voter's
absentee ballot shall be treated as a provisional ballot.
(j) This subsection applies to a voter who casts an absentee
ballot that is treated as a provisional ballot under subsection (i).
The board shall provide the voter, both orally and in writing, an
explanation of what actions, if any, the voter must take in order to
have the voter's ballot counted. The commission shall prescribe the
form of the explanation required by this subsection. The circuit
court clerk shall also provide the notice required by IC 3-11.7-6-4
to the voter.
SOURCE: IC 3-11-10-26.3; (10)IN1106.1.9. -->
SECTION 9. IC 3-11-10-26.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 26.3. (a) A county
election board may adopt a resolution to authorize the circuit court
clerk to establish satellite offices in the county where voters may cast
absentee ballots before an absentee voter board.
(b) To be adopted under this section, a resolution must be adopted
by the unanimous vote of the board's entire membership.
(c) (b) A resolution adopted under this section must do the
following:
(1) State the locations of the satellite offices.
(2) State the hours at which absentee voting may occur at the
satellite offices.
(d) (c) The resolution may contain other provisions the board
considers useful.
(e) (d) If a resolution is adopted under this section, the procedure for
casting an absentee ballot at a satellite office must, except as provided
in this section, be substantially the same as the procedure for casting an
absentee ballot in the office of the circuit court clerk.
SOURCE: IC 3-11-18-1.5; (10)IN1106.1.10. -->
SECTION 10. IC 3-11-18-1.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2011]:
Sec. 1.5. A county designated as
a vote center pilot county shall establish at least one (1) satellite
office under IC 3-11-10-26.3.
SOURCE: IC 3-11-18-11; (10)IN1106.1.11. -->
SECTION 11. IC 3-11-18-11, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2011]: Sec. 11. (a) 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 submitted with the application under section 4 of this chapter.
(b) In accordance with Indiana and federal law, each vote center
county shall adopt a plan that provides for voters to vote using the
following provisions:
(1) Voting after a change of residence within the same
precinct as provided in IC 3-7-39-7.
(2) Voting after a change of name as provided in IC 3-7-41-3.
(3) Certificates of error issued under IC 3-7-48.
(4) Voting after affirming residency as provided in
IC 3-7-48-5.
(5) Voting with a registration receipt as provided in
IC 3-7-48-7.
(6) Voting after signing an affidavit as provided in IC 3-10-10.
(7) Voting with a transfer affidavit as provided in IC 3-10-11
or IC 3-10-12.
SOURCE: IC 3-11-18-16; (10)IN1106.1.12. -->
SECTION 12. IC 3-11-18-16, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2011]: 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 board may be determined. The county election
board shall provide preliminary election results, broken down by
precinct, not later than noon the day after election day.
SOURCE: IC 3-11-18-20; (10)IN1106.1.13. -->
SECTION 13. IC 3-11-18-20, AS AMENDED BY P.L.108-2008,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 20. This chapter expires December 31, 2010.
2013.
SOURCE: IC 3-11.7-2-2; (10)IN1106.1.14. -->
SECTION 14. IC 3-11.7-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 2. (a) A
provisional voter shall do the following:
(1) Mark the ballot in the presence of no other person, unless the
voter requests help in marking a ballot under IC 3-11-9.
(2) Fold each ballot separately.
(3) Fold each ballot so as to conceal the marking.
(4) Enclose each ballot, with the seal and signature of the circuit
court clerk on the outside, together with any unused ballot, in the
envelope provided by the county election board under
IC 3-11.7-1-8.
(5) Securely seal the envelope.
(b) A provisional voter may mark a ballot with a pen or a lead
pencil.
(c) This subsection applies to a provisional voter described in
section 1(a)(1), 1(a)(2), or 1(a)(3) of this chapter. As provided by 42
U.S.C. 15482, a precinct election officer shall give the provisional
voter a copy of the written instructions prescribed by the county
election board under IC 3-11.7-6-3 after the voter returns the envelope
containing the provisional voter's ballots.
(d) This subsection applies to a provisional voter described in
section 1(a) or 1(b) of this chapter. In addition to the written
instructions required by subsection (c), a precinct election officer
shall provide the provisional voter, both orally and in writing, an
explanation of what actions, if any, the provisional voter must take
in order to have the provisional voter's ballot counted. The
commission shall prescribe the form of the explanation required by
this subsection. The circuit court clerk shall also provide the notice
required by IC 3-11.7-6-4 to the provisional voter.
SOURCE: IC 3-11.7-6-3; (10)IN1106.1.15. -->
SECTION 15. IC 3-11.7-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 3. (a) As required
by 42 U.S.C. 15482, a county election board shall establish a free
access system such as a toll-free telephone number or an Internet web
site that enables a provisional voter to determine:
(1) whether the individual's provisional ballot was counted; and
(2) if the provisional ballot was not counted, the reason the
provisional ballot was not counted.
(b) As required by 42 U.S.C. 15482, the county election board shall
establish and maintain reasonable procedures to protect the security,
confidentiality, and integrity of personal information collected, stored,
or otherwise used on the free access system established by the board
under subsection (a).
(c) As required by 42 U.S.C. 15482, the county election board shall
restrict access to the
information available free access system
established under subsection (a)
about a provisional voter's ballot to
the individual
voter who cast the
provisional ballot.
This subsection
does not restrict access to election materials available under
IC 3-10-1-31.1.
(d) The county election board shall prescribe written instructions to
inform a provisional voter how the provisional voter can determine
whether the provisional voter's ballot has been counted.
(e) Notwithstanding subsections (b) and (c), the county election
board shall provide to the following, upon request, a list of the
name and address of all voters who have cast a provisional ballot
in an election held in the county:
(1) A candidate whose name was on the ballot in the county at
the election.
(2) The county chairman of a political party of the county in
which the election was held.
The county election board shall provide a list requested under this
subsection not later than seventy-two (72) hours after the time the
list is requested.
SOURCE: IC 3-11.7-6-4; (10)IN1106.1.16. -->
SECTION 16. IC 3-11.7-6-4 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]:
Sec. 4. (a) This section applies to a county that
conducts an election in which a voter casts a provisional ballot.
(b) Not later than three (3) calendar days after election day, the
circuit court clerk shall provide a notice containing the following
information to each voter who casts a provisional ballot:
(1) The reason or reasons that the voter's ballot is being
treated as a provisional ballot.
(2) A description of what actions, if any, the provisional voter
must take in order to have the provisional voter's ballot
counted under this article.
(3) The deadlines by which the provisional voter is required
to take any actions described in subdivision (2) in order to
have the provisional voter's ballot counted under this article.
(4) The following information that will enable the provisional
voter to inquire about the provisional voter's ballot:
(A) The name of the office that the provisional voter may
contact.
(B) The address of the office described in clause (A).
(C) The telephone number at the office described in clause
(A) that the voter may use to contact the office about the
voter's provisional ballot.
(D) Any other information the circuit court clerk considers
useful to provide assistance to the provisional voter in
inquiring about the provisional ballot.
(c) The notice required by subsection (b) must be:
(1) sent by first class United States mail; or
(2) given by another method the circuit court clerk determines
will provide actual notice to the voter.
(d) The notice required by subsection (b) must be in a form
prescribed by the commission.
SOURCE: IC 3-11.7-6-5; (10)IN1106.1.17. -->
SECTION 17. IC 3-11.7-6-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 5. (a) Not later than thirty (30) days after
an election, the circuit court clerk shall compile a report that
includes the following information:
(1) The number of provisional ballots cast at the election in
the county.
(2) The following information relating to the provisional
ballots cast:
(A) A list of the reasons that provisional ballots were cast.
(B) For each reason listed, the number of provisional
ballots cast for that reason.
(3) The number of provisional ballots counted for that
election.
(4) The following information relating to the provisional
ballots that were not counted:
(A) A list of reasons that provisional ballots were not
counted.
(B) For each reason listed, the number of provisional
ballots not counted for that reason.
(b) The circuit court clerk shall:
(1) make the report available for public inspection and
copying under IC 5-14-3; and
(2) send a copy of the report to the secretary of state.
(c) The secretary of state shall compile the reports sent by the
circuit court clerks under subsection (b). Not later than December
31 of each year, the secretary of state shall issue a statewide
compilation of all the reports sent to the secretary of state under
subsection (b). The statewide compilation must include the
following information:
(1) All the information contained in the county reports, by
county.
(2) Statewide totals for each item of information required to
be contained in the county reports under subsection (a).
(d) The secretary of state shall make the statewide compilation
available for public inspection and copying under IC 5-14-3.
(e) The secretary of state shall develop uniform descriptions of
the following information required to be compiled under
subsection (a):
(1) The reasons that a provisional ballot is cast.
(2) The reasons that a provisional ballot is not counted.
SOURCE: IC 3-14-4-3; (10)IN1106.1.18. -->
SECTION 18. IC 3-14-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 3.
(a) Except as
provided in subsection (b), a precinct election officer or public
official upon whom a duty is imposed by this title who knowingly omits
to perform the duty commits a Class D felony.
(b) A person who has a duty to give a voter notice under:
(1) IC 3-11-8-25.2(f);
(2) IC 3-11-10-26(j);
(3) IC 3-11.7-2-2(d); or
(4) IC 3-11.7-6-4;
who knowingly or intentionally fails to provide the notice required
by that statute commits a Class C infraction.