Introduced Version
HOUSE BILL No. 1308
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5-2-49.9; IC 3-11.
Synopsis: Vote centers. Establishes the use of vote centers as an
option for all counties. Requires the county election board (board) to
adopt an order designating a county a vote center county, adopt a plan
to administer the vote centers, and file the order and the plan with the
election division. Requires the board to accept and consider public
comment before adopting an order designating the county as a vote
center county. Provides that designation of a county as a vote center
county remains in effect until the board rescinds the order designating
the county as a vote center county and files a copy of the rescission
with the election division. Redesignates automatically as a vote center
county a county previously designated a vote center pilot county.
Repeals the expiration date of the vote center program and provisions
that: (1) require the secretary of state's approval of the vote center
designation; and (2) allow the secretary of state to revoke the vote
center designation.
Effective: July 1, 2010.
Richardson
January 13, 2010, read first time and referred to Committee on Elections and
Apportionment.
Introduced
Second Regular Session 116th General Assembly (2010)
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HOUSE BILL No. 1308
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-5-2-49.9; (10)IN1308.1.1. -->
SECTION 1. IC 3-5-2-49.9, AS AMENDED BY P.L.108-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 49.9. (a) "Vote center" means a polling place
where a voter who resides in the county in which the vote center is
located may vote without regard to the precinct in which the voter
resides.
(b) This section expires December 31, 2010.
SOURCE: IC 3-11-8-10.3; (10)IN1308.1.2. -->
SECTION 2. IC 3-11-8-10.3 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]:
Sec. 10.3. (a) As used in this section, "electronic poll list"
refers to a poll list that is maintained in a computer data base.
(b) An electronic poll list must satisfy all of the following:
(1) An electronic poll list must be programmed so that the
coordinated action of two (2) precinct election officers who
are not members of the same political party is necessary to
record the fact that a voter has voted.
(2) An electronic poll list may not be connected to a voting
system.
(3) An electronic poll list may not permit access to voter
information other than information provided on the certified
list of voters prepared under IC 3-7-29-1.
SOURCE: IC 3-11-18-1; (10)IN1308.1.3. -->
SECTION 3. IC 3-11-18-1, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 1. (a) This chapter applies to a
county designated as a vote center pilot county under this chapter.
(b) On July 1, 2010, a county designated as a vote center pilot
county under:
(1) P.L.164-2006, SECTION 148 (before its expiration); or
(2) P.L.108-2008, SECTION 4;
is automatically redesignated as a vote center county under this
chapter.
SOURCE: IC 3-11-18-3; (10)IN1308.1.4. -->
SECTION 4. IC 3-11-18-3, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 3. (a) For A county must comply
with this section to be designated become a vote center pilot county.
(b) As used in this section, "board" refers to any of the
following:
(1) The county election board. or
(2) The board of elections and registration established under
IC 3-6-5.2 or IC 3-6-5.4.
(c) The board must hold a public hearing to present a draft plan
for administration of vote centers in the county.
(d) After presentation of the draft plan under subsection (c), the
board shall accept written public comments on the draft plan.
(e) Not sooner than thirty (30) days after the hearing held under
subsection (c), the board shall hold a public hearing to consider the
following:
(1) The draft plan.
(2) The written public comments.
(3) Any other public comment that the board may permit on
the draft plan.
(f) After consideration of the draft plan and the public
comments, the board may do the following:
(1) Adopt an order approving the draft plan.
(2) Amend the draft plan and adopt an order approving the
amended draft plan.
The board may adopt the order to approve a plan only by
unanimous vote of the entire membership of the board. must approve
the filing of an application to be designated a vote center pilot county;
(2) (g) All members of the board must sign the application; and
order adopting the plan.
(3) (h) The application order and the adopted plan must be filed
with the secretary of state. (b) The application election division and
must include a copy of:
(1) a resolution adopted by the county executive; and
(2) a resolution adopted by the county fiscal body;
approving the submission designation of the application. county as a
vote center county.
SOURCE: IC 3-11-18-4; (10)IN1308.1.5. -->
SECTION 5. IC 3-11-18-4, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 4.
The application must include a
plan for the administration of vote centers in the county. The plan
required by section 3 of this chapter must include at least the
following:
(1) The total number of vote centers to be established.
(2) The location of each vote center.
and the municipality, if any,
in which the vote center is located.
(3) A list of each municipality within the county that is entitled to
conduct a municipal primary or municipal election, as of the date
of the application.
(3) The effective date of the order.
(4)
The following information according to the computerized
list (as defined in IC 3-7-26.3-2) as of the date of the order:
(A) The total number of voters within
each municipality, as of
the date of the application, and the county.
(B) The number of
those active voters within
each
municipality designated as "active" and the county.
(C) The number of inactive
according to voters within the
county.
voter registration office.
(5) For each vote center designated under subdivision (2), a list
of the precincts whose polls will be located at the vote center.
(6) For each vote center designated under subdivision (2), the
number of precinct election boards that will be appointed to
administer an election at the vote center.
(7) For each precinct election board designated under subdivision
(6), the number and name of each precinct the precinct election
board will administer.
(8) For each vote center designated under subdivision (2), the
number and title of the precinct election officers who will be
appointed to serve at the vote center.
(9) For each vote center designated under subdivision (2):
(A) the number and type of ballot variations that will be
provided at the vote center; and
(B) whether these ballots will be:
(i) delivered to the vote center before the opening of the
polls; or
(ii) printed on demand for a voter's use.
(10) A detailed description of any hardware, firmware, or
software used:
(A) to create an electronic poll list for each precinct whose
polls are to be located at a vote center; or
(B) to establish a secure electronic connection between the
county election board and the precinct election officials
administering a vote center.
(11) A description of the equipment and procedures to be used to
ensure that information concerning a voter entered into any
electronic poll list used by precinct election officers at a vote
center is immediately accessible to:
(A) the county election board; and
(B) the electronic poll lists used by precinct election officers
at all other vote centers in the county.
(12) For each precinct designated under subdivision (5), the
number of electronic poll lists to be provided for the precinct.
(13) The security and contingency plans to be implemented by the
county to
do all of the following:
(A) Prevent a disruption of the vote center process.
and
(B) Ensure that the election is properly conducted if a
disruption occurs.
(C) Prevent recording the fact that a voter has voted
without the coordinated action of two (2) precinct election
officers who are not members of the same political party.
(14) A certification that the vote center complies with the
accessibility requirements applicable to polling places under
IC 3-11-8.
(15) A sketch depicting the planned layout of the vote center,
indicating the location of:
(A) equipment; and
(B) precinct election officers;
within the vote center.
(16) The total number of vote centers to be established at satellite
offices that are established under IC 3-11-10-26.3 to allow voters
to cast absentee ballots in accordance with IC 3-11.
(17) The method and timing of providing voter data to
persons who are entitled to receive the data under this title.
Data shall be provided to all persons entitled to the data
without unreasonable delay.
SOURCE: IC 3-11-18-5; (10)IN1308.1.6. -->
SECTION 6. IC 3-11-18-5, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 5. (a) Except for a municipality
described in subsection (b), A plan must provide a vote center for use
by voters residing in each municipality within the county conducting
a for use in a primary election, general election, special election,
municipal primary, or a municipal election conducted on or after the
effective date of the county election board's order.
(b) A vote center may not be used in a municipal primary or
municipal election conducted within a municipality that is partially
located in a county that has not been designated a vote center pilot
county.
SOURCE: IC 3-11-18-6; (10)IN1308.1.7. -->
SECTION 7. IC 3-11-18-6, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 6. When the total number of active
voters designated under section 4(4) of this chapter as "active" in the
county equals at least twenty-five thousand (25,000), in the
municipalities listed in the plan, the following apply:
(1) The plan must provide for at least one (1) vote center for each
ten thousand (10,000) active voters.
(2) In addition to the vote centers designated in subdivision (1),
the plan must provide for a vote center for any fraction of ten
thousand (10,000) voters.
SOURCE: IC 3-11-18-7; (10)IN1308.1.8. -->
SECTION 8. IC 3-11-18-7, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 7. Before
approving an application
to designate adopting an order designating a county as a vote center
pilot county under this chapter, the
secretary of state county election
board must determine the following:
(1) That the secure electronic connection as described under
section 4(10)(B) of this chapter is sufficient to prevent:
(A) any voter from voting more than once; and
(B) unauthorized access by any person to:
(i) the electronic poll lists for a precinct whose polls are to
be located at the vote center; or
(ii) the computerized list of voters of the county.
(2) That the planned design and location of the equipment and
precinct officers will provide the most efficient access for:
(A) voters to enter the polls, cast their ballots, and leave the
vote center; and
(B) precinct election officials, watchers, challengers, and
pollbook holders to exercise their rights and perform their
duties within the vote center.
SOURCE: IC 3-11-18-8; (10)IN1308.1.9. -->
SECTION 9. IC 3-11-18-8, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 8. (a) The designation of a county
as a vote center pilot county takes effect immediately upon the filing
of the order with the election division, unless otherwise specified by
the secretary of state. county election board.
(b) The designation of a county as a vote center county remains
in effect until the county election board, by unanimous vote of its
entire membership:
(1) rescinds the order designating the county as a vote center
county; and
(2) files a copy of the document rescinding the order with the
election division.
SOURCE: IC 3-11-18-11; (10)IN1308.1.10. -->
SECTION 10. IC 3-11-18-11, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 11. Except as otherwise provided
by this chapter, the county shall administer an election conducted at a
vote center in accordance with federal law, this title, and the plan
submitted adopted with the application county election board's order
under section 4 of this chapter.
SOURCE: IC 3-11-18-12; (10)IN1308.1.11. -->
SECTION 11. IC 3-11-18-12, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 12. Notwithstanding any other law,
a voter who resides in a vote center pilot county is entitled to cast an
absentee ballot at a vote center located at a satellite office of the county
election board established under IC 3-11-10-26.3 in the same manner
and subject to the same restrictions applicable to a voter wishing to cast
an absentee ballot before an absentee board located in the office of the
circuit court clerk or board of elections and registration.
SOURCE: IC 3-11-18-13; (10)IN1308.1.12. -->
SECTION 12. IC 3-11-18-13, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 13. Notwithstanding any other law,
the electronic poll list used at each vote center:
(1) must comply with IC 3-11-8-10.3;
(1) (2) must be capable of capturing an electronic image of the
signature of a voter on the list; and
(2) (3) may be in a format approved by the secretary of state.
SOURCE: IC 3-11-18-14; (10)IN1308.1.13. -->
SECTION 13. IC 3-11-18-14, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 14. Notwithstanding any other law,
including IC 3-11-8-2 and IC 3-14-2-11, a voter who resides in a vote
center pilot county is entitled to cast a ballot at any vote center
established in the county without regard to the precinct in which the
voter resides.
SOURCE: IC 3-11-18-17; (10)IN1308.1.14. -->
SECTION 14. IC 3-11-18-17, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 17. (a)
The secretary of state may
permit A county
to may amend a plan
submitted adopted with a
county election board's order under section 4 of this chapter.
(b) For a county to amend its plan:
(1) the county election board (or board of elections and
registration established under IC 3-6-5.2 or IC 3-6-5.4), by
unanimous vote of the entire membership of the board, must
approve the
filing of a request to amend the plan
amendment;
(2) all members of the board must sign the
request; amendment;
and
(3) the
request amendment must be filed with the
secretary of
state. election division.
(c) The request for amendment must set forth the specific
amendments proposed to be made to the plan.
(c) A plan amendment takes effect immediately upon filing with
the election division, unless otherwise specified by the county
election board.
SECTION 15. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2010]: IC 3-11-18-2; IC 3-11-18-18; IC 3-11-18-19;
IC 3-11-18-20.