Bill Text: IN HB1391 | 2013 | Regular Session | Enrolled
Bill Title: Election administration.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2013-05-13 - Public Law 153 [HB1391 Detail]
Download: Indiana-2013-HB1391-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
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AN ACT to amend the Indiana Code concerning elections.
(1) The co-directors shall do the following:
(A) Carry out the policies, decisions, and recommendations of the commission.
(B) Maintain an office for the election division.
(b) The co-directors may not be members of the same political party.
(c) The co-directors have equal authority and responsibilities under this title. However, if the co-directors are unable to resolve a dispute between themselves regarding:
(1) the commission's or the election division's budget, the commission's or the election division's expenditures; or
(2) contracts to which the commission or the election division is a party;
the secretary of state may decide the matter. A decision by the secretary of state regarding the matter is final.
(d) The co-directors must:
(1) be classified the same under the state's personnel system; and
(2) except for differences due to years of service as co-directors, receive the same compensation.
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12.5. (a) As
authorized under 42 U.S.C. 15421, the secretary of state with the
consent of the co-directors of the election division shall apply to the
Secretary of Health and Human Services for payments under the
HAVA (42 U.S.C. 15421 through 15425) to do the following:
(1) Make polling places (including the path of travel, entrances,
exits, and voting areas of each polling place) more accessible to
individuals with disabilities, including the blind and visually
impaired, in a manner that provides the same opportunity for
access and participation (including privacy and independence) as
other voters.
(2) Provide individuals with disabilities and other individuals
described in subdivision (1) with information about the
accessibility of polling places, including outreach programs to
inform the individuals about the availability of accessible polling
places and training election officials, poll workers, and election
volunteers on how best to promote the access and participation of
individuals with disabilities in elections.
(b) If the secretary of state receives payments from the Secretary of
Health and Human Services under 42 U.S.C. 15421 through 15425, the
election division shall expend the money as described in the
application submitted under 42 U.S.C. 15423.
(b) The election division shall provide each county voter registration office with a report identifying the deceased individuals who are shown as residing in the county.
(c) Except as provided in section 7 of this chapter, the county voter registration office shall cancel the registration of each deceased person listed in the report provided under subsection (b).
(d) If the election division does not perform a duty in accordance with this section, the secretary of state shall perform the duty.
(b) If the NVRA official does not perform a duty in accordance with this section, the secretary of state shall perform the duty.
(1) As provided by 42 U.S.C. 15401, to carry out activities to improve the administration of elections for federal office.
(2) As provided by 42 U.S.C. 15401, to use funds provided to the state under Title II, Subtitle D, Part I of HAVA (42 U.S.C. 15401 through 15408) as a reimbursement of costs in obtaining voting equipment that complies with 42 U.S.C. 15481 if the state obtains the equipment after November 7, 2000.
(3) As provided by 42 U.S.C. 15401, to use funds provided to the state under Title II, Subtitle D, Part I of HAVA (42 U.S.C. 15401 through 15408) as a reimbursement of costs in obtaining voting equipment that complies with 42 U.S.C. 15481 under a multiyear contract incurred after December 31, 2000.
(4) For reimbursing counties for the purchase of new voting systems or for the upgrade or expansion of existing voting systems that would not qualify for reimbursement under subdivision (2) or (3).
(b) The fund consists of the following:
(1) Money appropriated to the fund by the general assembly, including any money appropriated from the build Indiana fund.
(2) All money allocated to the state by the federal government:
(A) under Section 101 of HAVA (42 U.S.C. 15301), as required by 42 U.S.C. 15304;
(B) under Section 102 of HAVA (42 U.S.C. 15302), as required by 42 U.S.C. 15304;
(C) under Title II, Subtitle D, Part I of HAVA (42 U.S.C. 15401 through 15408); and
(D) under any other program for the improvement of election administration.
(3) Proceeds of bonds issued by the Indiana bond bank for improvement of voting systems as authorized by law.
The auditor of state shall establish an account within the fund for money appropriated by the general assembly and separate accounts
within the fund for any money received by the state from the federal
government for each source of allocations described under subdivision
(2). Proceeds of bonds issued by the Indiana bond bank under
subdivision (3) may be deposited into any account, as determined by
the election division.
(c) The secretary of state with the consent of the co-directors of the
election division shall administer the fund.
(d) The expenses of administering the fund shall be paid from
money in the Section 101 account of the fund. If money is not available
for this purpose in the Section 101 account of the fund, the expenses of
administering the fund shall be paid from money appropriated under
subsection (b)(1).
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund and allocated
among the accounts within the fund according to the balances of the
respective accounts.
(f) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(g) Money in the fund is appropriated continuously for the purposes
stated in subsection (a).
(b)
of the co-directors of the election division, files the certification
required by Section 251(b)(2)(B) of HAVA (42 U.S.C.
15401(b)(2)(B)).
(d) If the secretary of state makes the certification described in
subsection (c), the secretary of state, with the approval of the
co-directors of the election division, may transfer amounts that do not
in total exceed the amount described in Section 251(b)(2)(B) from the
Title II account of the fund to the Section 101 account of the fund.
(e) (c) In conformity with Section 254(a)(7) of HAVA (42 U.S.C.
15404), the state shall maintain expenditures by the state for activities
funded by the payment of funds described by this section at a level that
is not less than the level of those expenditures maintained by the state
for the fiscal year ending June 30, 2000.
(b) The budget agency, after review by the budget committee, shall approve a county's application for reimbursement under this chapter if the budget agency determines any of the following:
(1) The county has purchased or will purchase a new voting system or an upgrade or expansion of an existing voting system to comply with HAVA that would be eligible for reimbursement under HAVA and this chapter from any fund account.
(b) Payment of money from the fund is subject to the availability of money in the fund and the requirements of this chapter and HAVA.
(c) It is the intent of the general assembly that a county eligible for reimbursement under section 4 of this chapter be reimbursed from federal money received by the state to the maximum extent permitted by federal law.
(b) Money deposited in the account must be used for the purposes set forth in Section 102 of HAVA (42 U.S.C. 15302).
(c) As permitted under 42 U.S.C. 15302, a county may apply to receive reimbursement from the fund.
(d) To receive reimbursement or voting systems under this section, a county must file an application with the election division in the form required by the election division. The secretary of state
(e) The budget agency, after review by the budget committee, shall approve a county's application for reimbursement if the budget agency determines that the county has purchased a voting system to comply with Section 102 of HAVA and is eligible for reimbursement under this
section.
(f) The budget agency, after review by the budget committee, shall
approve a county's application for disbursement of voting systems to
the county if the budget agency determines that the county is entitled
to receive voting systems under this section to comply with Section 102
of HAVA.
(g) If a county's application for reimbursement is approved under
this section, the secretary of state shall, subject to subsection (h),
reimburse the county from the fund in an amount not more than the
amount determined by STEP TWO of the following formula:
STEP ONE: Determine the number of precincts in the county that
used a voting machine voting system or a punch card voting
system at the November 7, 2000, general election.
STEP TWO: Multiply the number determined in STEP ONE by
four thousand dollars ($4,000).
(h) Payment of money from the fund under this section is subject to
the availability of money in the fund and the requirements of this
chapter and HAVA.
(b) Money deposited in the account must be used in accordance with the requirements applicable under Section 101 of HAVA (42 U.S.C. 15301).
(c) The money may be used
(1) By the secretary of state for any purpose authorized by this title and permitted under 42 U.S.C. 15301.
(d) As permitted under 42 U.S.C. 15301, a county may apply to receive reimbursement under subsection (c).
(e) To receive reimbursement under this section, a county must make an application to the election division in the form required by the election division.
this chapter (repealed) not later than January 31, 2003:
(1) the application may be amended to comply with this chapter;
or
(2) the county may file a new application under this section.
The secretary of state with the consent of the co-directors of the
election division shall review the application and make a
recommendation to the budget committee regarding the application.
(f) The budget agency, after review by the budget committee, shall
approve a county's application for reimbursement under this section if
the budget agency determines that the application complies with the
requirements for reimbursement under subsection (c)(2). or (c)(3).
(g) If a county's application is approved under subsection (c)(2), the
secretary of state with the consent of the co-directors of the election
division shall, subject to subsection (i), pay the county from the fund
an amount not more than the amount determined by STEP TWO of the
following formula:
STEP ONE: Determine the number of precincts in the county that
used a voting machine voting system or a punch card voting
system at the November 7, 2000, general election that cannot be
replaced with funds available under section 7.1 of this chapter.
STEP TWO: Multiply the number determined in STEP ONE by
four thousand dollars ($4,000).
(h) (g) If a county's application is approved under subsection (c)(3),
(c)(2), the secretary of state with the consent of the co-directors of the
election division shall, subject to subsection (i), (h), pay the county
from the fund in an amount to be determined by the secretary of state.
with the consent of the co-directors of the election division.
(i) (h) Payment of money from the fund under this section is subject
to the availability of money in the fund and the requirements of this
chapter and HAVA.
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