Bill Text: IN HB1190 | 2011 | Regular Session | Enrolled
Bill Title: Ballots and voting systems.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1190 Detail]
Download: Indiana-2011-HB1190-Enrolled.html
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
AN ACT to amend the Indiana Code concerning elections.
For paper ballots, print: To vote for a person, make a voting mark (X or .) on or in the box before the person's name in the proper column. For optical scan ballots, print: To vote for a person, darken or shade in the circle, oval, or square (or draw a line to connect the arrow) that precedes the person's name in the proper column. For optical scan ballots that do not contain a candidate's name, print: To vote for a person, darken or shade in the oval that precedes the number assigned to the person's name in the proper column. For electronic voting systems, print: To vote for a person, touch the screen (or press the button) in the location indicated.
Vote for one (1) only
Representative in Congress
[] (1) AB __________
[] (2) CD __________
[] (3) EF __________
[] (4) GH __________
(b) Local public questions shall be placed on the primary election ballot after the voting instructions described in subsection (a) and before the offices described in subsection (e).
(c) The local public questions described in subsection (b) shall be placed:
(1) in a separate column on the ballot if voting is by paper ballot;
(2) after the voting instructions described in subsection (a) and before the offices described in subsection (e), in the form specified in IC 3-11-13-11 if voting is by ballot card; or
(3) either of the following if voting is by an electronic voting system:
(A) On a separate screen for a public question.
(B) After the voting instructions described in subsection (a) and before the offices described in subsection (e), in the form specified in IC 3-11-14-3.5.
(d) A public question shall be placed on the primary election ballot in the following form:
[] YES
[] NO
(1) Federal and state offices:
(A) President of the United States.
(B) United States Senator.
(C) Governor.
(D) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate, as required by IC 33-30-3-3.
(E) Prosecuting attorney.
(F) Circuit court clerk.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(1) Precinct committeeman.
(2) State convention delegate.
(1) School board offices to be elected at the primary election.
(2) Other local offices to be elected at the primary election.
(g) shall be placed:
(1) in a separate column on the ballot if voting is by paper ballot;
(2) after the offices described in subsection (c) (f) in the form
specified in IC 3-11-13-11 if voting is by ballot card; or
(3) either:
(A) on a separate screen for each office or public question; or
(B) after the offices described in subsection (c) (f) in the form
specified in IC 3-11-14-3.5;
if voting is by an electronic voting system.
(f) A public question shall be placed on the primary election ballot
in the following form:
(1) Prosecuting attorney.
(2) Clerk of the circuit court.
(3) The county offices listed in section
(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 3-11-2-10(e). IC 3-11-2-10(f). However, the
ballots must otherwise substantially conform with IC 3-11-2.
(1) Ratification of a state constitutional amendment.
(2) Local public questions.
Each public question shall be placed in a separate column on the ballot.
The names of the candidates shall be placed three-fourths (3/4) of an
inch apart from center to center of the name. The name of each
candidate must have, immediately on its left, a square three-eighths
(3/8) of an inch on each side.
(f) (g) The election division or the circuit court clerk may authorize
the printing of ballots containing a ballot variation code to ensure that
the proper version of a ballot is used within a precinct.
(1) Federal and state offices:
(A) President and Vice President of the United States.
(B) United States Senator.
(C) Governor and lieutenant governor.
(D) Secretary of state.
(E) Auditor of state.
(F) Treasurer of state.
(G) Attorney general.
(H) Superintendent of public instruction.
(I) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate, as required by IC 33-30-3-3.
(E) Prosecuting attorney.
(F) Clerk of the circuit court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(1) Retention of a justice of the supreme court.
(2) Retention of a judge of the court of appeals.
(3) Retention of the judge of the tax court.
(b) Whenever more than one (1) justice of the supreme court is subject to retention, the name of each justice must appear on the ballot in alphabetical order. However, if the justice serving as chief justice is subject to retention, the chief justice's name must appear first.
(c) Whenever more than one (1) judge of the court of appeals is subject to retention, the name of each judge must appear on the ballot in alphabetical order. However, if the judge serving as chief judge is subject to retention, the chief judge's name must appear first.
(d) These offices
(1) Retention of a local judge.
(2) Local nonpartisan judicial offices.
(b) These offices
(c) If the ballot contains a candidate for a local nonpartisan judicial office, the ballot must also contain a statement that reads substantially as follows: "To vote for a candidate for this office, make a voting mark on or in the square to the left of the candidate's name.".
(d) If more than one (1)
(1) in alphabetical order according to the surname of the local judge; and
(2) identifying the court (including division or room) in which the judge serves.
(1)
(2) arranged in the form of a diagram showing the front of the marking device as it will appear
(3) altered so marks on the sample ballot cannot be counted as votes.
(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 and public questions 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.
(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 public question is listed:
(1) The cautionary statement described in IC 3-11-2-7.
(2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(c),
and IC 3-11-2-10(d), and IC 3-11-2-10(e).
(l) The ballot must include a single connectable arrow, circle, oval,
or square, or a voting position for voting a straight party or an
independent ticket (described in IC 3-11-2-6) by one (1) mark as
required by section 14 of this chapter, and the single connectable
arrow, circle, oval, or square, or the voting position for casting a
straight party or an independent ticket ballot must be identified by:
(1) the name of the political party or independent ticket
(described in IC 3-11-2-6); and
(2) immediately below or beside the political party's or
independent ticket's name, the device of that party or ticket
(described in IC 3-11-2-5).
The name and device of each political party or independent ticket must
be of uniform size and type and arranged in the order established by
subsection (g) for listing candidates under each office. The instructions
described in IC 3-11-2-10(b) IC 3-11-2-10(c) for voting a straight party
ticket and the statement concerning presidential electors required under
IC 3-10-4-3 may be placed on the ballot beside or above the names and
devices within the voting booth in a location that permits the voter to
easily read the instructions.
(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) 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 and public questions 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.
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
public question is listed.
(l) The instructions described in IC 3-11-2-8, IC 3-11-2-10(c), and
IC 3-11-2-10(d), and IC 3-11-2-10(e) may be:
(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) The ballot label must include a touch sensitive point or button
for voting a straight political party or independent ticket (described in
IC 3-11-2-6) by one (1) touch, and the touch sensitive point or button
must be identified by:
(1) the name of the political party or independent ticket; and
(2) immediately below or beside the political party's or
independent ticket's name, the device of that party or ticket
(described in IC 3-11-2-5).
The name and device of each party or ticket must be of uniform size
and type, and arranged in the order established by subsection (g) for
listing candidates under each office. The instructions described in
IC 3-11-2-10(b) IC 3-11-2-10(c) for voting a straight party ticket and
the statement concerning presidential electors required under
IC 3-10-4-3 may be placed on the ballot label or in a location within the
voting booth that permits the voter to easily read the instructions.
(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.
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