Bill Text: IN HB1284 | 2012 | Regular Session | Introduced
Bill Title: Various election law matters.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-11 - First reading: referred to Committee on Elections and Apportionment [HB1284 Detail]
Download: Indiana-2012-HB1284-Introduced.html
Citations Affected: IC 3-5-4-1.7; IC 3-6; IC 3-7; IC 3-8-1-1.7;
IC 3-10; IC 3-11; IC 3-11.5; IC 3-11.7-2-1; IC 3-12; IC 3-13-1;
IC 3-14-2; IC 12-14; IC 12-15-1.5; IC 16-35-1.6; IC 36-5-1-10.1.
Effective: Upon passage; July 1, 2012.
January 10, 2012, read first time and referred to Committee on Elections and
Apportionment.
Digest Continued
comparison of voter lists from certain neighboring states and others
with the Indiana voter registration list to identify duplicate
registrations. Establishes procedures for county processing of voter
registration record cancellations. Specifies how primary vote history is
to be recorded when a voter does not mark the poll list to indicate a
political party choice. Amends ballot instructions concerning write-in
candidates. Removes obsolete references to ballots formerly printed by
the election division. Amends absentee ballot application procedures.
Specifies that in-office absentee voting begins 28 days (rather than 29
days) before an election. Provides that a resolution to establish a
satellite voting office expires January 1 of the year immediately after
the year in which the resolution is adopted. Updates certain ballot
counting rules to refer to ballot card and direct record electronic voting
systems. Specifies the voting mark detection standards that must be met
for certification of a ballot card voting system. Revises state recount
commission contest and local recount procedures. Amends
requirements for an individual seeking to be selected by a political
party caucus to fill a vacant office. Specifies a penalty for forging a
person's name on a petition of nomination or declaration of candidacy.
Permits the family and social services administration and the
department of health to transmit voter registration applications by
regular first class mail. (Current law requires the use of certified mail,
when mail is used.) Repeals superseded procedures relating to: (1)
designation of voter registration agencies; (2) absent overseas and
military voters; (3) administration of elections located in more than one
county; and (4) sending orders of the state recount commission. Makes
a technical correction.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(b) A petition of nomination filed with a county voter registration office under IC 3-8-2, IC 3-8-3, or IC 3-8-6 must contain the original signatures of voters. A county voter registration office may not accept a photocopy or other reproduction of the original signatures for processing.
in IC 36-1-2-13 and other than a county) that contains territory in more
than one (1) county.
(b) This section does not apply to an election:
(1) conducted at the same time as a primary or general
election during an even-numbered year; or
(2) in a town conducted by a town election board under
IC 3-10-7.
(c) To the extent authorized by this section, the county election
board of the county that contains the greatest percentage of population
of the political subdivision shall conduct all elections for the political
subdivision. This section does not apply to countywide elections. The
board may designate polling places for the election, which may be
located in any county in which the political subdivision is located,
and shall appoint precinct election officers to conduct the election.
However, each county election board shall provide poll lists for
voters, receive and approve absentee ballot applications, and issue
certificates of error or other documents for the voters of that
county.
(b) The county vote center plan:
(1) may use other titles to designate precinct election officers; and
(2) must specify which precinct election officer is to perform a duty required under this title to be performed by a precinct election officer.
(c) A precinct election officer in a vote center county must comply with the requirements of section 7 of this chapter.
(b) Except as provided in IC 3-7-36 for absent uniformed services voters and overseas voters, the registration period continues through the twenty-ninth day before the date a primary election is scheduled under this title.
(c) Except as provided in IC 3-7-36 for absent uniformed services voters and overseas voters, the registration period resumes fourteen (14) days after primary election day and continues through the
twenty-ninth day before the date a general or municipal election is
scheduled under this article.
(d) This subsection applies in each precinct in which a special
election is to be conducted. Except as provided in IC 3-7-36 for
absent uniformed services voters and overseas voters, the
registration period ceases in that precinct on the twenty-ninth day
before a special election is conducted and resumes fourteen (14) days
after the special election occurs.
agreement under this subsection is subject to review and approval by
the commission.
(b) A county election board, by unanimous vote of its entire membership, may enter into an agreement to designate an office located within the county as a voter registration agency.
(b) Notwithstanding IC 5-14-3-8, the election division shall charge each person described by section 6 of this chapter an annual subscription fee of five thousand dollars ($5,000) to receive the following:
(1) A complete compilation of the voter registration information contained in the computerized list.
(2) Updates of the voter registration information made during the year covered by the fee.
(c) A subscription to the statewide voter registration system information expires on the first January 1 following the payment of the subscription fee.
(1) The county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee participating in a primary, general, or municipal election.
(b) A request filed under this section may state that the list is to include only cancellations made by the county voter registration office within a period specified in the request.
(1) that has adopted an order under section 6 of this chapter; or
(2) in which vote centers are used under IC 3-11-18.1.
(b) Not later than ten (10) days before the election at which the registration record is to be used, the county voter registration office shall prepare certified copies of the list of registered voters for each precinct in the county.
(1) The full name of the voter.
(2) The address of the voter.
(3) The assigned
(4) Whether the voter is required to provide additional identification before voting either in person or by absentee ballot.
(5) The voter's date of birth.
(1) that has adopted an order under section 6 of this chapter; or
(2) in which vote centers are used under IC 3-11-18.1.
(b) Not later than ten (10) days before an election, the county voter registration office shall mail a notice of the election to each active voter (as defined in IC 3-11-18.1-2) of the county. The notice under this subsection must provide the following:
(1) Information regarding the locations of vote centers in the county.
(2) A space for the voter to sign the notice.
(3) Instructions for the voter to return the signed notice to a vote center location to cast a ballot.
(1) that has adopted an order under section 6 of this chapter; or
(2) in which vote centers are used under IC 3-11-18.1.
(b) After the county election board receives a request from the county chairman of a major political party, not more than two (2) copies of the list required by this chapter shall be prepared and furnished to the inspector of the precinct for use at the polls on election day. The inspector may provide a list furnished under this section to any other precinct officer.
(1) that has adopted an order under section 6 of this chapter; or
(2) in which:
(A) vote centers are used under IC 3-11-18.1; and
(B) an electronic poll list containing available scanned images of the signatures of voters is provided at the vote centers.
(b) The county voter registration office may also provide the inspector of each precinct in the county with a certified photocopy of the signature on the affidavit of registration of each voter of the precinct for the comparison of signatures under IC 3-10-1-24.6 or IC 3-11-8-25.1.
UPON PASSAGE]: Sec. 6. If a county election board adopts an
order to provide an electronic poll list to the inspector for use at a
polling place or at a satellite office established under
IC 3-11-10-26.3, electronic poll lists may be used at the election
(rather than certified poll lists prepared under this chapter).
(1) The name of the applicant.
(2) The residence address of the applicant (other than the ZIP code).
(3) The mailing address of the applicant (other than the ZIP code).
(4) The date of birth of the applicant.
(5) The voter identification number of the applicant or a statement that the applicant has no voter identification number.
(6) The applicant's response to the question, "Are you a citizen of the United States of America?".
(7) The applicant's response to the question, "Will you be at least eighteen (18) years of age on or before election day?".
(8) A map or diagram of the voter's residence (if the applicant has no residence address with a street number or name included on this application).
(9) The signature of the applicant to the statement swearing or affirming that:
(A) the applicant meets the requirements for approval of the application;
(B) the information and all other statements on the application are true; and
(C) the applicant understands if the applicant signs the statement knowing that the statement is not true, the applicant is committing perjury, and understands the penalties for committing perjury.
(1) administer voter registration and other parts of the
election process (as provided by 42 U.S.C. 1973gg-7); or
(2) determine if the applicant is eligible to register under this
article, or including when the applicant fails to answer either of
the questions set forth in IC 3-7-22-5(3) or IC 3-7-22-5(4).
(b) As required by 42 U.S.C. 15483, the county voter registration
office shall promptly make:
(1) one (1) effort to contact the voter by mail if possible; and
(2) one (1) effort to contact the voter by telephone if a telephone
number is listed.
(1) beginning on the
(2) ending at noon election day.
(b) An absent uniformed services voter who is absent from Indiana during the registration period
(1) Showing either of the following to the county voter registration office:
(A) A discharge from service, dated not earlier than the beginning of the registration period that ended on the
(i) the voter;
(ii) the voter's spouse; or
(iii) the individual of whom the voter is a dependent.
(B) A copy of the government movement orders, with a reporting date not earlier than the beginning of the registration period that ended on the
(i) the voter;
(ii) the voter's spouse; or
(iii) the individual of whom the voter is a dependent.
(2) Completing a registration affidavit.
(c) A voter who registers under this section may vote at the upcoming election only by absentee ballot at the office of the circuit court clerk at the time the voter registers under this section or at any time after the voter registers under this section and before noon on election day. A voter who wants to vote under this subsection must do both of the following:
(1) Complete an application for an absentee ballot.
(2) Sign an affidavit that the voter has not voted at any other precinct in the election.
The voter may vote at subsequent elections as otherwise provided in this title.
(d) If the voter votes by absentee ballot under this section, the circuit court clerk shall do the following:
(1) Certify in writing that the voter registered under this section.
(2) Attach the certification to the voter's absentee ballot envelope.
(e) If the county has a board of registration, the board of registration shall promptly deliver the voter's registration affidavit to the circuit
court clerk to permit the voter to vote under subsection (c).
(f) If the voter chooses not to vote under subsection (c), the county
voter registration office shall register the voter on the first day of the
next registration period.
(1) be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 (42 U.S.C. 1973);
(2) not result in the removal of the name of a person from the official list of voters solely due to the person's failure to vote; and
(3) be completed not later than ninety (90) days before a primary, general, or municipal election.
(b) A county voter registration office may conduct a voter list maintenance program that complies with subsection (a). In conducting a voter list maintenance program, the county voter registration office shall mail a notice described in subsection (d) to each registered voter at the residence address:
(1) listed in the voter's registration record; and
(2) determined by the county voter registration office not to be the voter's current residence address.
(c) A county voter registration office may use information only from the following sources to make the determination under subsection (b)(2):
(1) The United States Postal Service National Change of Address Service.
(2) A court regarding jury duty notices.
(3) The return of a mailing sent by the county voter registration office to all voters in the county.
(4) The bureau of motor vehicles concerning the surrender of a voter's Indiana license for the operation of a motor vehicle to another jurisdiction.
(d) The notice described in subsection (b) must:
(1) be sent by first class United States mail, postage prepaid, by a method that requires the notice to be forwarded to the voter; and
(2) include a postage prepaid return card that:
(A) is addressed to the county voter registration office;
(B) states a date (which must be at least thirty (30) days after the date the notice is mailed) by which the card must be returned or the voter's registration will become inactive until the information is provided to the county voter registration
office; and
(C) permits the voter to provide the voter's current residence
address.
(e) If a voter returns the card described in subsection (d)(2) and
provides a current residence address that establishes that the voter
resides:
(1) in the county, the county voter registration office shall update
the voter's registration record; or
(2) outside the county, the county voter registration office shall
cancel the voter's registration.
(f) If a voter returns the card described in subsection (d)(2) after
the date specified in the notice, the county voter registration office
shall, when registration reopens after the next primary, general, or
municipal election following the date specified in the notice,
process any update or cancellation of the voter registration record
indicated on the card by the voter under subsection (e). If a card is
returned as undeliverable by the United States Postal Service after
the date specified in subsection (d)(2)(B), the county voter
registration office shall, when registration reopens after the next
primary, general, or municipal election, designate the voter as
inactive.
(f) (g) If a voter does not return the card described in subsection
(d)(2) by the date specified in subsection (d)(2)(B), the county voter
registration office shall indicate in the voter's registration record that
the voter's registration is inactive.
(g) (h) A voter's registration that becomes inactive under subsection
(f) or (g) remains in inactive status from the date described in
subsection (d)(2)(B) until the earlier of the following:
(1) The date the county voter registration office updates or
cancels the voter's registration under subsection (e) after the voter
provides a current residence address.
(2) The day after the second general election in which the voter
has not voted or appeared to vote.
(h) (i) After the date described in subsection (g)(2), (h)(2), the
county voter registration office shall remove the voter's registration
from the voter registration records.
this chapter shall be compiled from the county voter registration
information submitted to the election division under IC 3-7-26.3.
(b) To assist in performing voter list maintenance under this
chapter, not later than December 31 of each calendar year the
NVRA official shall request that the chief state election official who
is responsible for the coordination of state responsibilities under
NVRA in each of the following states provide a list of the registered
voters in that state:
(1) Florida.
(2) Illinois.
(3) Kentucky.
(4) Michigan.
(5) Ohio.
(c) The NVRA official shall request a list of registered voters
from any other state in which the NVRA official determines there
is a reasonable possibility that a significant number of individuals
who have registered to vote in Indiana may also be registered to
vote in that state.
(1) Compare the lists of voters described in section 5(b) and 5(c) of this chapter with the list of registered voters in Indiana to identify any individuals who are registered to vote in more than one (1) state.
(2) Provide each county voter registration office with a list of potential duplicate registrations not later than thirty (30) days after receipt of a list of voters of a state.
(b) The county voter registration office of the county in which a voter registers shall send the authorization of cancellation to the county voter registration office using the computerized list, on an expedited basis, as required by IC 3-7-26.3. A county voter registration office is not required to forward a paper copy of the request for cancellation of registration to another county voter registration office if the authorization of cancellation has been transmitted to the other county voter registration office using the computerized list. The county voter registration office shall retain the paper copy
of the request for cancellation for the two (2) year period required
under 42 U.S.C. 1974.
(b) This subsection applies to a candidate for selection for an appointment pro tempore to an office. For purposes of section 5.7 of this chapter, "before the election" refers to the date:
(1) the caucus is required to fill the vacant office; or
(2) that the county political chairman appoints an individual to fill the vacant office.
(b) This subsection does not apply to a county in which electronic poll lists with the ability to display signatures of voters are used under IC 3-7-29-6 or IC 3-11-18.1. The county voter registration office may also provide the inspector of each precinct in the county a certified photocopy of the signature on the affidavit or form of registration of each voter of the precinct for the comparison of signatures under section 24.6 of this chapter.
(c) If the name of a person offering to vote at the primary is in the registration record or listed in the certified copy prepared for the precinct or the electronic poll list, it is sufficient evidence of the person's right to vote unless the person is challenged.
(1) vote if the county voter registration office provides a signed certificate of error; or
(2) cast a provisional ballot under IC 3-11.7, as provided by 42 U.S.C. 15482.
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 24. (a) A voter who desires to vote must give
the 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.
(e) For purposes of this section and section 7.2 of this chapter,
in a county using vote centers under IC 3-11-18.1, a voter is
considered to have written on the poll list or signed the poll list
when the voter executes the notice mailed to the voter under
IC 3-7-29-1.5(b).
(f) If a voter fails to bring the notice mailed to the voter under
IC 3-7-29-1.5(b), the precinct election board shall provide a
replacement notice to the voter at the vote center. The voter is
considered to have written on the poll list or signed the poll list
when the voter executes the replacement notice.
the voter may then vote.
(b) If either poll clerk doubts the voter's identity following the
comparison of the signatures, the poll clerk shall challenge the voter in
the manner prescribed by IC 3-11-8. If the poll clerk does not execute
a challenger's affidavit under IC 3-11-8-21 or if the voter executes a
challenged voter's affidavit under IC 3-11-8-22.1, the voter may then
vote.
(b) This subsection applies to a primary election in which only one (1) political party chooses its nominees and a nonpartisan ballot is not available. A voter whose political party is not recorded on the poll list as required under section 24 of this chapter shall be shown on the voter's registration record as having cast a ballot for the political party choosing that political party's nominees in that primary election.
use IC 36-1-7 for contractual agreements concerning the costs of
services, supplies, and equipment required.
(b) A special election conducted under this section shall be governed by other provisions of this title as far as applicable.
(c) A political party entitled to fill a candidate vacancy under IC 3-13-2 may nominate a candidate for election to the office under IC 3-13-2-3.
(d) If a candidate does not intend to affiliate with a political party described by subsection (c), the candidate may:
(1) be nominated as an independent or a candidate of a political party by petition in accordance with IC 3-8-6; or
(2) file a declaration of intent to be a write-in candidate under IC 3-8-2-4(b).
(e) A certificate of candidate selection under IC 3-13-2-8, a petition of nomination, or a declaration of intent to be a write-in candidate must be filed with the election division not later than noon thirty-five (35) days before the special election is to be conducted.
(f) A candidate may file a notice of withdrawal with the election division not later than noon thirty-three (33) days before the special election is to be conducted.
(g) As required under 2 U.S.C. 8(b)(5)(B), and notwithstanding IC 3-11-10-14, an absentee ballot cast by an absent uniformed services voter or an overseas voter may be received by a county election board up to forty-five (45) days after the absentee ballot was transmitted to the voter.
(h) Notwithstanding IC 3-12-5-8(a), if the ballot is determined by the county election board to be otherwise valid, the circuit court clerk shall file an amendment to the certified statement previously filed under IC 3-12-5-6 with the election division not later than noon seven (7) days following the determination of the validity of the ballot. Notwithstanding IC 3-12-5-9, the election division, the secretary of state, and the governor shall prepare, execute, and transmit a replacement certificate of election if the amendment filed under this subsection results in a different candidate receiving the highest number of votes for the office.
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. If the person
executes the affidavit under this chapter before the inspector of the
precinct of the person's former residence on the day of the election, the
inspector shall do both of the following:
(1) Provide the person with a voter registration application,
if the person's current address is located within the same
county as the precinct of the person's former residence, and
request that the person complete and sign the application.
(2) Return the original affidavit and any completed voter
registration application to the circuit court clerk or board of
county voter registration office after the closing of the polls.
(1) changes residence from a precinct in a county to another precinct:
(A) in the same county; and
(B) in the same congressional district;
as the former precinct; and
(2) does not notify the county voter registration office of the change of address before election day.
(b) A voter described by subsection (a) may:
(1) correct the voter registration record; and
(2) vote in the precinct where the voter formerly resided;
if the voter makes an oral affirmation as described in subsection (e) or a written affirmation as described in section 4 of this chapter of the voter's current residence address.
(c) A voter who moved outside of a municipality may not return to the precinct where the voter formerly resided to vote in a municipal election.
(d) A voter who moved from a location outside a municipality to a location within a municipality
(1) municipal primary election;
(2) municipal election; or
(3) special election held only within the municipality;
may not vote in the election in the precinct of the person's former residence.
(e) A voter entitled to make a written affirmation under subsection (b) may make an oral affirmation. The voter must make the oral affirmation before the poll clerks of the precinct. After the voter makes an oral affirmation under this subsection, the poll clerks shall:
(1) reduce the substance of the affirmation to writing at an
appropriate location on the poll list; and
(2) initial the affirmation.
(1) At the county voter registration office for the county of the precinct of the person's former residence, not later than 4 p.m. on the day before the election.
(2) Before the inspector of the precinct of the person's former residence, if the application and statement are executed on the day of the election.
(3) When the application for an absentee ballot is filed with the county election board of the county of the precinct of the person's former residence.
(b) If the person executes the affidavit under this section at the county voter registration office before the day of the election, the office shall furnish a copy of the affirmation to the person. The person shall present the copy to the inspector of the precinct of the person's former residence when the person offers to vote in that precinct under IC 3-11-8.
(c) If the person executes the affirmation under this section when filing an application for an absentee ballot, the county election board shall attach the original or a copy of the affirmation to the person's application for an absentee ballot before the application and ballot are delivered to the inspector of the precinct of the person's former residence.
(d) If the person executes the affirmation under this section before the inspector of the precinct of the person's former residence on the day of the election, the inspector shall do both of the following:
(1) Provide the person with a voter registration application, if the person's current address is located within the same county as the precinct of the person's former residence, and request that the person complete and sign the application.
(2) Return the original affirmation to the county election board.
The county election board shall forward the affidavit and any completed voter registration application to the county voter registration office after the closing of the polls.
receive the ballots for their precincts, a suitable number of voter
registration lists certified under IC 3-7-29 (or an electronic poll list in
a county described by IC 3-7-29-6 or IC 3-11-18.1) and any other
forms, papers, certificates, and oaths that are required to be furnished
to precinct election boards. The forms and papers must be prepared in
compliance with IC 3-5-4-8. The county voter registration office shall
cooperate with the county election board in the preparation of the lists
certified under IC 3-7-29 (or in the use of the electronic poll lists).
(1) Noon on election day if the voter registers to vote under IC 3-7-36-14.
(2) Noon on the day before election day if the voter:
(A) completes the application in the office of the circuit court clerk and votes an absentee ballot under IC 3-11-10-26; or
(B) is an absent uniformed services voter or overseas voter who requests that the ballot be transmitted by electronic mail or fax under section 6(h) of this chapter.
(3) Noon on the day before election day if:
(A) the application is a mailed, transmitted by fax, or hand delivered application from a confined voter or voter caring for a confined person; and
(B) the applicant requests that the absentee ballots be delivered to the applicant by an absentee voter board under IC 3-11-10-25.
(4) 11:59 p.m. on the eighth day before election day if the application:
(A) is a mailed application;
(B) was transmitted by fax; or
(C) was hand delivered;
from other voters who request to vote by mail under IC 3-11-10-24.
(b) An application for an absentee ballot received by the election division by the time and date specified by subsection (a)(2)(B), (a)(3), or (a)(4) is considered to have been timely received for purposes of processing by the county. The election division shall immediately
transmit the application to the circuit court clerk, or the director of the
board of elections and registration, of the county where the applicant
resides. The election division is not required to complete or file the
affidavit required under section 2(h) of this chapter whenever the
election division transmits an application under this subsection.
(b) This subsection does not apply to the form for an absentee ballot application to be submitted by an absent uniformed services voter or overseas voter that contains a standardized oath for those voters. The form of the application for an absentee ballot must do all of the following:
(1) Require the applicant to swear to or affirm under the penalties of perjury that all of the information set forth on the application is true to the best of the applicant's knowledge and belief.
(2) Require a person who assisted with the completion of the application to swear to or affirm under the penalties of perjury the statements set forth in section 2(f) of this chapter.
(3) Set forth the penalties for perjury.
(c) The form prescribed by the commission shall require that a voter who:
(1) requests an absentee ballot; and
(2) is eligible to vote in the precinct under IC 3-10-11 or IC 3-10-12;
must include the affidavit required by IC 3-10-11 or a written affirmation described in IC 3-10-12.
(d) This subsection applies after December 31, 2012. The form prescribed by the commission must include a statement that permits an applicant to indicate whether:
(1) the applicant has been certified and is currently a participant in the address confidentiality program under IC 5-26.5-2; and
(2) the applicant's legal residence is at the address set forth in the applicant's voter registration.
If the applicant confirms these statements, the applicant may indicate the address of the office of the attorney general as the address at which the applicant resides and to which the absentee ballot is to be mailed.
UPON PASSAGE]: Sec. 6. (a) This section applies, notwithstanding
any other provision of this title, to absentee ballot applications for the
following:
(1) An absent uniformed services voter.
(2) An address confidentiality program participant (as defined in
IC 5-26.5-1-6).
(3) An overseas voter.
(b) A county election board shall make blank absentee ballot
applications available for persons covered by this section. A person
may apply for an absentee ballot at any time after the registration
period resumes under IC 3-7-13-10.
(c) A person covered by this section may apply for an absentee
ballot for the next scheduled primary, general, or special election at any
time by filing either of the following:
(1) A combined absentee registration form and absentee ballot
request approved under 42 U.S.C. 1973ff(b)(2).
(2) A form prescribed under IC 3-5-4-8 that identifies the
applicant as an absent uniformed services voter or an overseas
voter. A form prescribed under this subdivision must permit the
applicant to designate whether the applicant wishes to receive the
absentee ballot by electronic mail, fax, or United States mail.
(d) If the county election board receives an absentee ballot
application from a person described by subsection (c), the circuit court
clerk shall mail to the person, free of postage as provided by 39 U.S.C.
3406, all ballots for the election immediately upon receipt of the ballots
under section 15 of this chapter, unless the person has indicated under
subsection (c) that the person wishes to receive the absentee ballot by
electronic mail or fax.
(e) Whenever a voter files an application for an absentee ballot and
indicates on the application that the voter is an absent uniformed
services voter or an overseas voter, the application is an adequate
application for an absentee ballot for an election conducted during the
period that ends on December 31 following the date the application is
filed, unless an absentee ballot mailed to the voter at the address set
forth in the application is returned to the county election board during
that period as undeliverable. The circuit court clerk and county election
board shall process this application and send general election absentee
ballots to the voter in the same manner as other general election and
special election absentee ballot applications and ballots are processed
and sent under this chapter.
(f) Whenever a voter described in subsection (a)(2) files an
application for a primary election absentee ballot and indicates on the
application that the voter is an address confidentiality program
participant, the application is an adequate application for a general
election absentee ballot under this chapter and an absentee ballot for a
special election conducted during the period that ends on December 31
following the date the application is filed. The circuit court clerk and
county election board shall process this application and send general
election and special election absentee ballots to the voter in the same
manner as other general election and special election absentee ballot
applications and ballots are processed and sent under this chapter.
(g) The name, address, telephone number, and any other identifying
information relating to a program participant (as defined in
IC 5-26.5-1-6) in the address confidentiality program, as contained in
a voting registration record, is declared confidential for purposes of
IC 5-14-3-4(a)(1). The county voter registration office may not disclose
for public inspection or copying a name, an address, a telephone
number, or any other information described in this subsection, as
contained in a voting registration record, except as follows:
(1) To a law enforcement agency, upon request.
(2) As directed by a court order.
(h) The county election board shall by fax or electronic mail
transmit an absentee ballot to and receive an absentee ballot from an
absent uniformed services voter or an overseas voter by electronic mail
or fax at the request of the voter indicated in the application filed under
this section. If the voter wants to submit absentee ballots by fax or
electronic mail, the voter must separately sign and date a statement
submitted with the electronic mail or the fax transmission that states
substantively the following: "I understand that by faxing or e-mailing
my voted ballot I am voluntarily waiving my right to a secret ballot.".
(i) The county election board shall send confirmation to a voter
described in subsection (h) that the voter's absentee ballot has been
received as follows:
(1) If the voter provides a fax number to which a confirmation
may be sent, the county election board shall send the confirmation
to the voter at the fax number provided by the voter.
(2) If the voter provides an electronic mail address to which a
confirmation may be sent, the county election board shall send the
confirmation to the voter at the electronic mail address provided
by the voter.
(3) If:
(A) the voter does not provide a fax number or an electronic
mail address; or
(B) the number or address provided does not permit the board
to send the confirmation not later than the end of the first
business day after the board receives the voter's absentee
ballot;
the county election board shall send the confirmation by United
States mail.
The county election board shall send the confirmation required by this
subsection not later than the end of the first business day after the
county election board receives the voter's absentee ballot.
(j) Upon approval of the absentee ballot application, a county
election board may shall transmit an absentee ballot to an absent
uniformed services voter or an overseas voter by electronic mail under
a program authorized and administered by the Federal Voting
Assistance Program of the United States Department of Defense or
directly to the voter at the voter's electronic mail address, if requested
to do so by the voter. A voter described by this section may transmit the
voted absentee ballot to a county election board by electronic mail. If
a voter described in this section transmits the voted absentee ballot
through the United States Department of Defense program, the ballot
must be transmitted in accordance with the procedures established
under that program. An electronic mail message transmitting a voted
absentee ballot under this subsection must include an optically scanned
image of the voter's signature on the statement required under
subsection (h).
(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. If the election board determines that the county voter registration office has received an application from the applicant for registration at an address within the precinct indicated on the application, and that this application is pending under IC 3-7-33, the ballot shall be mailed in accordance with the applicable deadline set forth in subdivision (1) or (2) after the registration application is approved.
(d) 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.
(e) 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.
(b) Before each election each county executive shall secure for each precinct of the county an accessible facility in which to hold the election.
(1) either:
(A) not more than five (5) miles from the closest boundary of the precinct for which it is the polls; or
(B) located in the same township as the precinct that does not have an accessible facility available; and
(2) located in an accessible facility.
convenient available accessible facility in the county.
(d) (e) If the county election board, by unanimous vote of its entire
membership, determines that:
(1) an accessible facility is not available under subsection (b) (c)
or (c); (d); and
(2) the most convenient accessible facility is located in an
adjoining county;
the board may locate the polls in the facility described in subdivision
(2) with the unanimous consent of the entire membership of the county
election board of the county in which the facility is located.
(b) The polls for each precinct may be located in only one (1) place.
(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) election officers who are not members of the same political party is necessary to access the electronic poll list.
(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.
(4) The information contained on an electronic poll list must be encrypted and placed on a dedicated, private server to secure connectivity between a precinct polling place or satellite absentee office and the county election board.
(5) The electronic poll list must permit a poll clerk to enter information regarding an individual who has appeared to vote to verify whether the individual is eligible to vote, and if so, whether the voter has already cast a ballot at the election.
(6) After the voter has been provided with a ballot, the electronic poll list must permit a poll clerk to enter information indicating that the voter has voted at the election.
(7) The electronic poll list must transmit the information in subdivision (6) to the county election board so that the board
may transmit the information immediately to every other
polling place or satellite absentee office in the county in which
an electronic poll list is being used.
(8) The electronic poll list must permit reports to be generated
for a watcher appointed under IC 3-6-8 at any time during
election day and must permit reports to be electronically
transmitted by the county election board to a political party
or independent candidate who has appointed a watcher under
IC 3-6-8.
(9) After election day, the electronic poll list must permit
voter history to be quickly and accurately uploaded into the
computerized list.
(b) If requested to do so by a challenger, a voter shall provide proof of identification for the purpose of executing a challenge under section 20 of this chapter.
(c) If the voter declines or is unable to produce proof of identification to the challenger, the challenger shall execute the prescribed affidavit under section 21 of this chapter and provide the affidavit to the voter to permit the voter to execute the affidavit of a challenged voter under section 23 of this chapter.
(b) The affidavit of a challenged voter required by section 22.1 of this chapter must be sworn and affirmed and must contain the following:
(1) A statement that the voter is a citizen of the United States.
(2) The voter's date of birth to the best of the voter's information and belief.
(3) A statement that the voter has been a resident of the precinct for thirty (30) days immediately before this election or is qualified to vote in the precinct under IC 3-10-10, IC 3-10-11, or IC 3-10-12.
(4) The voter's name and a statement that the voter is generally
known by that name.
(5) A statement that the voter has not voted and will not vote in
any other precinct in this election.
(6) The voter's occupation.
(7) The voter's current residential address, including the street or
number, and if applicable, the voter's residential address thirty
(30) days before the election, and the date the voter moved.
(8) A statement that the voter understands that making a false
statement on the affidavit is punishable under the penalties of
perjury.
(9) If the individual's name does not appear on the registration
list, a statement that the individual registered to vote and where
the individual believes the individual registered to vote during the
registration period described by
(A) IC 3-7-13-10. or
(B) IC 3-7-36-11, if the voter registered under that section.
(b) Except as provided in subsection (e), before the voter proceeds to vote in the election, a precinct election officer shall ask the voter to provide proof of identification. One (1) of each of the precinct election officers nominated by each county chairman of a major political party of the county under IC 3-6-6-9 is entitled to ask the voter to provide proof of identification. The voter shall produce the proof of identification to each precinct officer requesting the proof of identification before being permitted to sign the poll list.
(c) If:
(1) the voter is unable or declines to present the proof of identification; or
(2) a member of the precinct election 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;
a member of the precinct election board shall challenge the voter as prescribed by this chapter.
(d) If the voter executes a challenged voter's affidavit under section 22.1 of this chapter, the voter may:
(1) sign the poll list; and
(2) receive a provisional ballot.
(e) A voter who votes in person at a precinct polling place that is
located at a state licensed care facility where the voter resides is not
required to provide proof of identification before voting in an election.
(f) After a voter has passed the challengers or has been sworn in, the
voter shall be instructed by a member of the precinct election board to
proceed to the location where the poll clerks are stationed. The voter
shall announce the voter's name to the poll clerks or assistant poll
clerks. A poll clerk, an assistant poll clerk, or a member of the precinct
election board shall require the voter to write the following on the poll
list or to provide the following information for entry into the
electronic poll list:
(1) The voter's name.
(2) Except as provided in subsection (k), the voter's current
residence address.
(g) The poll clerk, an assistant poll clerk, or a member of the
precinct election board 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 or
update a voter identification number at the polls.
(h) The poll clerk, an assistant poll clerk, or a member of the
precinct election board shall ask the voter to provide proof of
identification.
(i) In case of doubt concerning a voter's identity, the precinct
election board shall compare the voter's signature with the signature on
the affidavit of registration or any certified copy of the signature
provided under IC 3-7-29 or enter the information into the
electronic poll list. If the board determines that the voter's signature is
authentic, the voter may then vote. If either poll clerk doubts the voter's
identity following comparison of the signatures, the poll clerk shall
challenge the voter in the manner prescribed by section 21 of this
chapter.
(j) If, in a precinct governed by subsection (g):
(1) the poll clerk does not execute a challenger's affidavit; or
(2) the voter executes a challenged voter's affidavit under section
22.1 of this chapter or executed the affidavit before signing the
poll list;
the voter may then vote.
(k) Each line on a poll list sheet provided to take a voter's current
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.
(1) cannot sign; or
(2) is a voter with a disability that makes it difficult for the voter to sign;
the voter's name and address, the poll clerks shall, by proper interrogation, satisfy themselves that the voter is the person the voter represents the voter to be.
(b) If satisfied as to the voter's identity under subsection (a), one (1) of the poll clerks shall then place the following on the poll list or enter the information into the electronic poll list:
(1) The voter's name.
(2) Except as provided in subsection (e), the voter's current residence address.
(c) 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 or update a voter identification number at the polls.
(d) The poll clerk shall then add the clerk's initials in parentheses, after or under the signature. The voter then may vote.
(e) The electronic poll list (or 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 the poll clerk may check the box to indicate that the residence address shown on the poll list is the voter's current residence address instead of writing the voter's current residence address on the poll list or reentering the address in the electronic poll list.
precinct.
(b) The envelope shall be securely sealed and endorsed with the
name and official title of the circuit court clerk and the following
words: "This envelope contains an absentee ballot and must be opened
only at the polls on election day while the polls are open.".
(1) One (1) location of the office of the circuit court clerk designated by the circuit court clerk.
(2) A satellite office established under section 26.3 of this chapter.
(b) This subsection applies to a county to which IC 3-6-5.2 applies. As an alternative to voting by mail, a voter is entitled to cast an absentee ballot before an absentee voter board at any of the following:
(1) The office of the board of elections and registration.
(2) A satellite office established under section 26.3 of this chapter.
(c) Except for a location designated under subsection (a)(1), a location of the office of the circuit court clerk must be established as a satellite office under section 26.3 of this chapter in order to be used as a location at which a voter is entitled to cast an absentee ballot before an absentee voter board under this section.
(d) 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.
(e) The voter may vote before the board not more than
(f) 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
board or absentee voter board may receive and process the ballot at a
location designated by resolution of the county election board.
(g) 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.
(h) Notwithstanding subsection (g), 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.
(i) 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.
(j) 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.
(k) 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.
(l) A voter casting an absentee ballot under this section is entitled
to cast the voter's ballot in accordance with IC 3-11-9.
UPON PASSAGE]: 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) 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) The resolution may contain other provisions the board considers
useful.
(e) If a resolution is adopted under this section for a primary
election, the locations of the satellite offices and the hours at which
absentee voting may occur at the satellite offices established for the
primary election must be used for the subsequent general or municipal
election.
(f) 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.
(g) A voter casting an absentee ballot under this section is entitled
to cast the voter's ballot in accordance with IC 3-11-9.
(h) A satellite office established by a circuit court clerk under this
section must comply with the polling place accessibility requirements
of IC 3-11-8.
(i) A resolution adopted under this section expires January 1 of
the year immediately after the year in which the resolution is
adopted.
(1) IC 3-11-4-22.
(2) IC 3-11-10-1.5.
(3) IC 3-11-10-3.
(4) IC 3-11-10-5.
(5) IC 3-11-10-6.
(6) IC 3-11-10-7.
(7) IC 3-11-10-8.
(8) IC 3-11-10-9.
(9) IC 3-11-10-11.
(10) IC 3-11-10-12.
(11) IC 3-11-10-12.5.
(12) IC 3-11-10-13.
(13) IC 3-11-10-14.
(14) IC 3-11-10-15.
(15) IC 3-11-10-16.
(16) IC 3-11-10-17.
(17) IC 3-11-10-18.
(18) IC 3-11-10-20.
(19) IC 3-11-10-21.
(20) IC 3-11-10-22.
(21) IC 3-11-10-23.
(22) IC 3-11-10-31.
(23) IC 3-11-10-32.
(24) IC 3-11-10-34.
(25) IC 3-11-10-35.
(26) IC 3-11-10-36.
(27) IC 3-11-10-37.
(28) IC 3-12-2.
(29) IC 3-12-3-12.
(b) If a voter writes an abbreviation, a misspelling, or other minor variation instead of the correct name of a candidate or political party, that vote shall be counted if the intent of the voter can be determined.
(c) If a voter casts a ballot under this section for President or Vice President and writes in the name of a candidate or political party that has not:
(1) certified a list of electors under IC 3-10-4-5; or
(2) included a list of electors on the declaration of intent to be a write-in candidate filed by a write-in candidate under IC 3-8-2-2.5;
the vote for President or Vice President is void. The remaining votes on the ballot may be counted.
(d) As required by 42 U.S.C. 1973ff-2(b), and except as provided in this section, an absentee ballot subject to this section shall be submitted and processed in the same manner provided by this title for a regular absentee ballot.
(1) the ballot was submitted:
(A) by an overseas voter who is not an absent uniformed services voter; and
(B) from within the United States;
(2) the overseas voter's application for a regular absentee ballot was received by the
(3) the voter's completed regular state absentee ballot was received by the
(4) the ballot subject to this section was not received by the
(1) An individual:
(A) whose name does not appear on the registration list; and
(B) who is challenged under IC 3-10-1 or IC 3-11-8 after the voter makes an oral or a written affirmation under IC 3-7-48-5 or IC 3-7-48-7 or after the voter produces a certificate of error under IC 3-7-48-1.
(2) An individual described by IC 3-10-1-10.5, IC 3-11-8-23.5, or IC 3-11-8-27.5 who is challenged as not eligible to vote.
(3) An individual who seeks to vote in an election as a result of a court order (or any other order) extending the time established for closing the polls under IC 3-11-8-8.
(b) As required by 42 U.S.C. 15483, a voter who has registered to vote but has not:
(1) presented identification required under 42 U.S.C. 15483 to the poll clerk before voting in person under IC 3-11-8-25.1; or
(2) filed a copy of the identification required under 42 U.S.C. 15483 to the county voter registration office before the voter's absentee ballot is cast;
is entitled to vote a provisional ballot under this article.
(c) A precinct election officer shall inform an individual described by subsection (a)(1) or (a)(2) that the individual may cast a provisional
ballot if the individual:
(1) is eligible to vote under IC 3-7-13-1;
(2) submitted a voter registration application during the
registration period described by IC 3-7-13-10; (or IC 3-7-36-11,
if the voter registered under that section); and
(3) executes an affidavit described in IC 3-10-1-9 or IC 3-11-8-23.
(d) A precinct election officer shall inform an individual described
by subsection (a)(3) that the individual may cast a provisional ballot.
(b) This subsection applies to a ballot card voting system. A voting mark made by a voter:
(1) on or in a circle, oval, or square; or
(2) to connect a connectable arrow;
immediately below or beside a candidate's name or political party's name shall be counted as a vote for the candidate or the candidates of the political party.
(c) This subsection applies to a direct record electronic voting system. A voting mark made by a voter touching a touch sensitive point or button below or beside a candidate's name or political party's name shall be counted as a vote for the candidate or the candidates of the political party.
(b) A voting mark that:
(1) does not touch a circle, oval, or square; and
(2) is not on or in the circle, oval, or square;
may not be counted.
(c) For purposes of the certification of voting systems under IC 3-11, a ballot card voting system complies with this section if the system can detect a voting mark within the circle, oval, or square, even if manual inspection of the ballot is required to detect a voting mark that only touches the outside edge of the circle, oval, or
square.
(b) This subsection applies if, on the face of the election returns, the difference between the number of votes cast for the candidate nominated or elected and the petitioner is not more than one percent (1%) of the total votes cast for all candidates for the nomination or office. If the number of precincts to be recounted exceeds ten (10), the amount of the deposit or bond shall be increased by ten dollars ($10) for each precinct in excess of ten (10).
(c) This subsection applies if, on the face of the election returns, the difference between the number of votes cast for the candidate nominated or elected and the petitioner is more than one percent (1%) of the total votes cast for all candidates for the nomination or office. If the number of precincts to be recounted exceeds ten (10), the amount of the deposit or bond shall be increased by one hundred dollars ($100) for each precinct in excess of ten (10).
(d) If a petition is joint, a joint bond may be furnished.
(e) The costs of a recount may include the following:
(1) Compensation of recount commissioners.
(2) Compensation of additional employees required to conduct the recount, including overtime payments to regular employees who are eligible to receive such payments.
(3) Postage and telephone charges directly related to the recount.
(f) The costs of a recount may not include the following:
(1) General administrative costs.
(2) Security.
(3) Allowances for meals or lodging.
(g) If the recount results in a reduction of at least fifty percent (50%) but less than one hundred percent (100%) of the margin of the total certified votes, the petitioner shall receive a refund of that percentage of the unexpended balance. If after a recount, it is determined that a petitioner has been nominated or elected, the deposit or the bond furnished by that petitioner shall be returned to that petitioner in full.
(h) Any unexpended balance remaining in a deposit after payment of all costs of the recount and the refund, if a refund is made, shall be deposited in the county general fund.
(b) Two (2) members of the commission must be voters who:
(1) are members of different major political parties of the state; and
(2) were qualified to vote at the election in a county in which the election district for the office is located.
(c) This subsection applies to a recount commission conducting a recount of an election in which only paper ballots were used. The third member of the commission must be a person who:
(1) is a member of a major political party of the state; and
(2) was qualified to vote at the election
(d) This subsection applies to a recount of an election in which a voting method other than only paper ballots was used. The third member of the commission must be a competent mechanic who is familiar with the ballot card voting systems or electronic voting systems used in that election. The mechanic is not required to be qualified to vote at the election in a county in which the election district for the office is located.
(1) serve any notices, subpoenas, impoundment orders, discovery orders, protective orders, or other papers;
(2) secure or transport any election records or equipment; and
(3) perform any other law enforcement duties;
ordered by the state recount commission.
(b) Notwithstanding IC 3-5-4-1.7, the state recount commission may receive filings by electronic mail from attorneys representing an individual or party in a recount or contest proceeding following the filing of the original recount petition, contest petition, or cross-petition.
(b) This subsection applies if an attorney has filed an appearance with the election division as the representative of a candidate. The state police shall serve the notice on the attorney for the candidate.
(c) If subsection (b) does not apply, the state police department shall
(d) The state police department shall make immediate return of the service under this section.
(1) the filing of a petition and cash deposit or bond under this chapter;
(2) the expiration of the period under section 4 of this chapter for filing a cross-petition; and
(3) proof of service of all notices.
(b) Except as provided in subsection (d), whenever a petition filed under section 2 of this chapter requests a recount in all precincts in the election district, the state recount commission may order a recount in the precincts upon:
(1) the filing of a cash deposit or bond under this chapter; and
(2) proof of service of all notices.
(c) Except as provided in subsection (d), the state recount commission shall
(1) the filing of a petition under this chapter; and
(2) proof of service of all notices.
(d) Whenever a motion to dismiss a petition or cross-petition for a recount or a petition for a contest is filed with the state recount commission or is made by a member of the commission, the commission shall rule on the motion to dismiss before ordering or continuing with a recount or a contest. The motion to dismiss must:
(1) state that the petitioner or cross-petitioner has failed to comply with this chapter; and
(2) specifically identify the requirement that the petitioner or cross-petitioner has failed to comply with.
(e) Whenever the petitioner and each cross-petitioner or respondent file a joint motion to dismiss a recount or contest, the commission shall rule on the motion to dismiss before ordering or continuing with a recount or contest.
(f) If the state recount commission orders a recount proceeding or contest proceeding, the commission shall send notice of the order to each candidate or party chair named in the petition. However, if an attorney has filed an appearance with the commission on behalf of a candidate or party chair, the notice shall be sent to the attorney. A notice under this subsection shall be sent by:
(1) electronic mail if the candidate, party chair, or attorney has provided an electronic mail address to the commission; or
(2) certified mail, in all other cases.
mail to each opposing candidate named in the petition at the address
stated in the petition, if a petition was filed, at the candidate's last
known address. The commission shall charge the cost of mailing the
order to the petitioner.
(b)
(c) The proceedings of the state recount commission under this section shall be performed in public under IC 5-14-1.5. However, the commission may restrict access to parts of a room where the recount or contest proceeding is being conducted to safeguard the election material or other evidence and to permit the material to be handled or transported by the commission.
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 21. (a) This section applies to a certificate
of candidate selection filed under section 15 or 20 of this chapter.
(b) To enforce the requirements of IC 3-5-4-1.9, the election
division, a circuit court clerk, or any other official responsible for
receiving a certificate of candidate selection may not receive a
filing of a certificate of candidate selection if:
(1) a notice of a caucus or meeting;
(2) a declaration of candidacy filed by the individual selected
as the candidate; or
(3) the certificate of candidate selection;
is or was offered to be filed after the deadline for the filing
provided by this chapter.
(1) subscribes the name of another person to an affidavit of registration, a petition of nomination, a declaration of candidacy, or application for an absentee ballot knowing that the affidavit, petition, declaration, or application contains a false statement; or
(2) subscribes the name of another person to an affidavit of registration, a petition of nomination, a declaration of candidacy, or application for an absentee ballot without writing on it the person's own name and address as an attesting witness;
commits a Class D felony.
(1) the adoption of an order under IC 3-12-4-18 to conduct the inspection; or
(2) the filing of an order adopted under IC 3-12-4-18 with the secretary of state;
commits a Class D felony.
(1) to the circuit court clerk or board of registration of the county
in which the individual's residential address (as indicated on the
application) is located; and
(2) not later than five (5) days after the application is accepted at
the office.
(b) The county director or designated employee shall transmit a
copy of the voter registration application (or a separate declination
form) on which the individual declined to register to vote by
specifically declining to register or by failing to complete the voter
registration portion of the application.
(c) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the county
in which the individual's residential address (as indicated on the
application) is located; and
(2) not later than five (5) days after the application is accepted at
the office.
(1) Hand delivery to the circuit court clerk or board of registration.
(2)
(1) to the circuit court clerk or board of registration of the county in which the individual's residential address (as indicated on the application) is located; and
(2) not later than five (5) days after the application is accepted at
the office.
(b) The designated employee shall transmit a copy of the voter
registration application (or a separate declination form) on which the
individual declined to register to vote by specifically declining to
register or by failing to complete the voter registration portion of the
application.
(c) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the county
in which the individual's residential address (as indicated on the
application) is located; and
(2) not later than five (5) days after the application is accepted at
the office.
(b) As required under 42 U.S.C. 1973gg-5(d)(1), the county director or designated office employee shall transmit
(1) to the circuit court clerk or board of registration of the county in which the individual's residential address (as indicated on the application) is located; and
(2) not later than ten (10) days after the application is accepted at the office.
(c) The county director or designated employee shall transmit
(d) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the county in which the individual's residential address (as indicated on the application) is located; and
(2) not later than ten (10) days after the application is accepted at the office.
(1) Hand delivery to the circuit court clerk or board of
registration.
(2) Certified Delivery by the United States Postal Service,
using first class mail. return receipt requested.
(3) Electronic transfer, after approval by the co-directors of the
election division.
(1) to the circuit court clerk or board of registration of the county in which the individual's residential address (as indicated on the application) is located; and
(2) not later than five (5) days after the application is accepted at the office.
(b) The employee shall transmit
(c) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the county in which the individual's residential address (as indicated on the application) is located; and
(2) not later than five (5) days after the application is accepted at the office.
(1) provide that:
(A) all members of the town legislative body are to be elected at large (if the town would have a population of less than three thousand five hundred (3,500)); or
(B) divide the town into not less than three (3) nor more than seven (7) districts; and
(2) direct the county election board to conduct an election in the town on the date of the next general or municipal election to be held in any precincts in the county.
An election conducted under this section must comply with IC 3 concerning town elections. If
section, regardless of the population of the town.
(b) Districts established by an ordinance adopted under this section
must comply with IC 3-11-1.5.
(c) If any territory in the town is not included in one (1) of the
districts established under this section, the territory is included in the
district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that
territory.
(d) If any territory in the town is included in more than one (1) of
the districts established under this section, the territory is included in
the district that:
(1) is one (1) of the districts in which the territory is described in
the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that
territory.
(e) Except as provided in subsection (f), an ordinance adopted under
this section becomes effective when filed with:
(1) the office of the secretary of state; and
(2) the circuit court clerk of each county in which the town is
located.
(f) An ordinance incorporating a town under this section may not
take effect during the year preceding a year in which a federal
decennial census is conducted. An ordinance under this section that
would otherwise take effect during the year preceding a year in which
a federal decennial census is conducted takes effect January 1 of the
year in which a federal decennial census is conducted.
(g) Proceedings to incorporate a town across county boundaries
must have the approval of the county executive of each county that
contains a part of the proposed town. Each county that contains a part
of the proposed town must adopt identical ordinances providing for the
incorporation of the town.
(h) Notwithstanding subsection (f) as that subsection existed on
December 31, 2009, an ordinance that took effect January 2, 2010,
because of the application of subsection (f), as that subsection existed
on December 31, 2009, is instead considered to take effect January 1,
2010, without the adoption of an ordinance or an amended ordinance
or any other additional action being required.
