Bill Text: IN HB1139 | 2011 | Regular Session | Introduced
Bill Title: Declaration of party affiliation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-06 - First reading: referred to Committee on Elections and Apportionment [HB1139 Detail]
Download: Indiana-2011-HB1139-Introduced.html
Citations Affected: IC 3-5-4.5-3; IC 3-7-26.3; IC 3-10-1; IC 3-11-10;
IC 3-11.5-4.
Synopsis: Declaration of party affiliation. Removes the requirement
that a voter declare a political party affiliation before voting in a
primary election. Requires that a voter be allowed to privately select
the political party ballot that the voter intends to vote in a primary
election. Requires that the Indiana election commission approve
standards and procedures for voting methods to ensure that a voter may
select privately the political party ballot that the voter intends to vote
in a primary election. Repeals provisions concerning voter challenges
because of political party affiliation and the handling of party
identification cards used with electronic voting systems.
Effective: July 1, 2011.
January 6, 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.
(1) The voter's voting history for at least the previous ten (10) years, if available.
(2) The source of the voter's registration application.
(3) A listing of all previous addresses at which the voter was registered to vote during at least the previous ten (10) years, if
available.
(4) Information concerning the documentation submitted by the
voter to comply with the requirements of HAVA.
(5) Documentation of all changes to the registration made by the
voter.
(6) Documentation concerning all notices sent to the voter by the
county voter registration office.
(1) Automatically assign voter identification numbers in accordance with this title.
(2) Calculate the number of registered voters by precinct or any election district.
(3) Permit expedited web based inquiries concerning polling place locations.
(4) Track and report all voter list maintenance transactions performed within the system.
[EFFECTIVE JULY 1, 2011]: Sec. 6. A voter may vote at a primary
election
(1) if the voter, at the last general election, voted for a majority of
the regular nominees of the political party holding the primary
election; or
(2) if the voter did not vote at the last general election, but intends
to vote at the next general election for a majority of the regular
nominees of the political party holding the primary election;
as long as if the voter was registered as a voter at the last general
election or has registered since then.
(1) is registered; and
(2) makes:
(A) an oral or a written affirmation under IC 3-10-12; or
(B) an affidavit:
(i) that the challenged person is a voter of the precinct; or
(ii) required under IC 3-10-11 if the voter declares that the voter is entitled to vote under IC 3-10-11.
voter's name and political party to the poll clerks of the precinct on
primary election day. The poll clerks shall require the voter to write the
following on the poll list:
(1) The voter's name.
(2) Except as provided in subsection (d), the voter's current
residence address.
(3) The name of the voter's party.
(b) The poll clerks shall:
(1) ask the voter to provide or update the voter's voter
identification number;
(2) tell the voter the number the voter may use as a voter
identification number; and
(3) explain to the voter that the voter is not required to provide a
voter identification number at the polls.
(c) If the voter is unable to sign the voter's name, the voter must sign
the poll list by mark, which must be witnessed by one (1) of the poll
clerks or assistant poll clerks acting under IC 3-6-6, who shall place the
poll clerk's or assistant poll clerk's initials after or under the mark.
(d) Each line on a poll list sheet provided to take a voter's current
residence address must include a box under the heading "Address
Unchanged" so that a voter whose residence address shown on the poll
list is the voter's current residence address may check the box instead
of writing the voter's current residence address on the poll list.
(b) The commission shall approve standards and procedures for voting methods to ensure that a voter may privately select the political party ballot that the voter intends to vote in the primary election.
(b) If a ballot card voting system is used in a precinct, one (1) of the
poll clerks or assistant poll clerks shall deliver to a instruct the voter
one (1) of the voter's political party ballot cards and instructions on
how to operate the ballot card system as described in IC 3-11-13-29
and IC 3-11-13-30. The voter shall take the ballot card into the voting
booth privately select the political party ballot card that the voter
intends to vote in the primary election and mark the ballot within the
time provided under IC 3-11-13-32.5.
(1) the affidavit is properly executed;
(2) the signatures correspond;
(3) the absentee voter is a qualified voter of the precinct;
(4) the absentee voter is registered and is not required to file additional information with the county voter registration office under IC 3-7-33-4.5;
(5) the absentee voter has not voted in person at the election; and
(6) in case of a primary election, if the absentee voter has not previously voted, the absentee voter has executed the proper declaration relative to age and qualifications;
then the inspector shall open the envelope containing the absentee ballots so as not to deface or destroy the affidavit and take out each ballot enclosed without unfolding or permitting a ballot to be unfolded or examined.
(b) The inspector shall then hand the ballots to the judges who shall deposit the ballots in the proper ballot box and enter the absentee
voter's name on the poll list, as if the absentee voter had been present
and voted in person. The judges shall mark the poll list to indicate that
the voter has voted by absentee ballot. If the voter has registered and
voted under IC 3-7-36-14, the inspector shall attach to the poll list the
circuit court clerk's certification that the voter has registered.
(1) The affidavit is insufficient or the ballot has not been endorsed with the initials of:
(A) the two (2) members of the absentee voter board in the office of the circuit court clerk under IC 3-11-4-19 or section 27 of this chapter;
(B) the two (2) members of the absentee voter board visiting the voter under section 25(b) of the chapter; or
(C) the two (2) appointed members of the county election board or their designated representatives under IC 3-11-4-19.
(2) A copy of the voter's signature has been furnished to the precinct election board and that the signatures do not correspond or there is no signature.
(3) The absentee voter is not a qualified voter in the precinct.
(4) The absentee voter has voted in person at the election.
(5) The absentee voter has not registered.
(6) The ballot is open or has been opened and resealed. This subdivision does not permit an absentee ballot transmitted by fax or electronic mail under IC 3-11-4-6 to be rejected because the ballot was sealed in the absentee ballot envelope by the individual designated by the circuit court to receive absentee ballots transmitted by fax or electronic mail.
(7) The ballot envelope contains more than one (1) ballot of any kind for the same office or public question.
(8) In case of a primary election, if the absentee voter has not previously voted, the voter failed to execute the proper declaration relative to age and qualifications.
(9) The ballot has been challenged and not supported.
(b) Subsection (c) applies whenever a voter with a disability is unable to make a signature:
(1) on an absentee ballot application that corresponds to the voter's signature in the records of the county voter registration
office; or
(2) on an absentee ballot secrecy envelope that corresponds with
the voter's signature:
(A) in the records of the county voter registration office; or
(B) on the absentee ballot application.
(c) The voter may request that the voter's signature or mark be
attested to by:
(1) the absentee voter board under section 25(b) of this chapter;
(2) a member of the voter's household; or
(3) an individual serving as attorney in fact for the voter.
(d) An attestation under subsection (c) provides an adequate basis
for an inspector to determine that a signature or mark complies with
subsection (a)(2).
(1) the affidavit is properly executed;
(2) the signatures correspond;
(3) the absentee voter is a qualified voter of the precinct;
(4) the absentee voter is registered and is not required to file additional information with the county voter registration office under IC 3-7-33-4.5;
(5) the absentee voter has not voted in person at the election; and
(6) in case of a primary election, if the absentee voter has not previously voted, the absentee voter has executed the proper declaration relative to age and qualifications;
the absentee ballot counters shall open the envelope containing the absentee ballots so as not to deface or destroy the affidavit and take out each ballot enclosed without unfolding or permitting a ballot to be unfolded or examined.
(b) If the absentee ballot counters find under subsection (a) that the voter has not filed the additional information required to be filed with the county voter registration office under IC 3-7-33-4.5, but that all of the other findings listed under subsection (a) apply, the absentee ballot shall be processed as a provisional ballot under IC 3-11.7.
(c) The absentee ballot counters shall then deposit the ballots in a secure envelope with the name of the precinct set forth on the outside of the envelope. After the absentee ballot counters or the county election board has made the findings described in subsection (a) or section 13 of this chapter for all absentee ballots of the precinct, the
absentee ballot counters shall remove all the ballots deposited in the
envelope under this section for counting under IC 3-11.5-5 or
IC 3-11.5-6.
(1) The affidavit is insufficient or that the ballot has not been endorsed with the initials of:
(A) the two (2) members of the absentee voter board in the office of the clerk of the circuit court under IC 3-11-4-19 or IC 3-11-10-27;
(B) the two (2) members of the absentee voter board visiting the voter under IC 3-11-10-25; or
(C) the two (2) appointed members of the county election board or their designated representatives under IC 3-11-4-19.
(2) The signatures do not correspond or there is no signature.
(3) The absentee voter is not a qualified voter in the precinct.
(4) The absentee voter has voted in person at the election.
(5) The absentee voter has not registered.
(6) The ballot is open or has been opened and resealed. This subdivision does not permit an absentee ballot transmitted by fax or electronic mail under IC 3-11-4-6 to be rejected because the ballot was sealed in the absentee ballot envelope by the individual designated by the circuit court to receive absentee ballots transmitted by fax or electronic mail.
(7) The ballot envelope contains more than one (1) ballot of any kind for the same office or public question.
(8) In case of a primary election, if the absentee voter has not previously voted, the voter failed to execute the proper declaration relative to age and qualifications.
(9) The ballot has been challenged and not supported.
(b) Subsection (c) applies whenever a voter with a disability is unable to make a signature:
(1) on an absentee ballot application that corresponds to the voter's signature in the records of the county voter registration office; or
(2) on an absentee ballot security envelope that corresponds with the voter's signature:
(A) in the records of the county voter registration office; or
(B) on the absentee ballot application.
(c) The voter may request that the voter's signature or mark be attested to by any of the following:
(1) The absentee voter board under section 22 of this chapter.
(2) A member of the voter's household.
(3) An individual serving as attorney in fact for the voter.
(d) An attestation under subsection (c) provides an adequate basis for the absentee ballot counters to determine that a signature or mark complies with subsection (a)(2).
(e) If the absentee ballot counters are unable to agree on a finding described under this section or section 12 of this chapter, the county election board shall make the finding.
(f) The absentee ballot counters or county election board shall issue a certificate to a voter whose ballot has been rejected under this section if the voter appears in person before the board not later than 5 p.m. on election day. The certificate must state that the voter's absentee ballot has been rejected and that the voter may vote in person under section 21 of this chapter if otherwise qualified to vote.
SECTION 15. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 3-10-1-10; IC 3-10-1-28.