Bill Text: IN HB1404 | 2013 | Regular Session | Introduced
Bill Title: Various election law matters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-22 - First reading: referred to Committee on Elections and Apportionment [HB1404 Detail]
Download: Indiana-2013-HB1404-Introduced.html
Citations Affected: IC 3-5-2; IC 3-11; IC 3-11.5-4; IC 3-12-3-5;
IC 3-14-2-31; IC 35-51-3-1.
Synopsis: Various election law matters. Defines for purposes of
Indiana election law "emergency first responder" to include a member
of the military, a public safety officer, an employee of a public utility,
or a physician with an unlimited license to practice medicine or
osteopathic medicine. Permits an emergency first responder who is
responding to an emergency declaration to apply for an absentee ballot
by electronic mail or fax and receive absentee ballots by electronic mail
or fax under stated conditions. Defines "false vote history
communication" as a written communication sent to an individual that
contains information about the individual's voting history that is false.
Provides that a person who knowingly or intentionally sends a false
vote history statement to five or more individuals commits a Class D
felony.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Elections and
Apportionment.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(1) issued by:
(A) the President of the United States under federal law; or
(B) the governor under Indiana law; and
(2) that declares a state of emergency or disaster.
(1) A member of the military or a public safety officer.
(2) An employee of a public utility (as defined in IC 8-1-2-1).
(3) A physician with an unlimited license to practice medicine or osteopathic medicine.
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. (a) Except as provided in section 6 of this
chapter, an application for an absentee ballot must be received by the
circuit court clerk (or, in a county subject to IC 3-6-5.2, the director of
the board of elections and registration) not earlier than the date the
registration period resumes under IC 3-7-13-10 nor later than the
following:
(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; 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; or
(C) is an emergency first responder who has applied for an
absentee ballot under section 6.3 of this chapter and
requests that the ballot be transmitted by fax or electronic
mail under section 6.3(e) 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.
(4) 11:59 p.m. on the eighth day before election day if the
application:
(A) is a mailed application; or
(B) was transmitted by fax;
from other voters.
(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.
forms approved by the commission by any of the following means:
(1) In person.
(2) By fax transmission.
(3) By mail (including United States mail or bonded courier).
(4) By electronic mail with a scanned image of the application
and signature of the applicant, if transmitted by:
(A) an absent uniformed services voter or an overseas voter
acting under section 6 of this chapter;
(B) an emergency first responder acting under section 6.3
of this chapter.
(b) Application forms shall:
(1) be furnished to a central committee of the county at the
request of the central committee;
(2) be:
(A) mailed;
(B) transmitted by fax; or
(C) transmitted by electronic mail with a scanned image of the
application;
upon request, to a voter applying by mail, by telephone, by
electronic mail, or by fax; and
(3) be delivered to a voter in person who applies at the circuit
court clerk's office.
(c) A county election board shall accept an application for an
absentee ballot transmitted by fax even though the application is
delivered to the county election board by a person other than the person
submitting the application.
(d) When an application is received under subsection (a)(4), the
circuit court clerk's office (or, in a county subject to IC 3-6-5.2 or
IC 3-6-5.4, the office of the board of elections and registration) shall
send an electronic mail receipt acknowledging receipt of the voter's
application.
(b) An application for an emergency first responder must, in addition to the information required by the commission under section 4 of this chapter, contain the following information:
(1) A statement that the applicant is an emergency first responder.
(2) The applicant has been assigned to respond to an emergency under an emergency declaration.
(3) The location of the applicant's assignment.
(4) A statement that the applicant's assignment was made within eight (8) days before the election for which the applicant is applying for an absentee ballot.
(5) Whether the applicant wants to receive absentee ballots by electronic mail or by fax.
(c) The election division and county election boards shall make blank absentee ballot forms available online.
(d) If the county election board receives an absentee ballot application from an emergency first responder, 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, unless the individual has indicated under subsection (e) that the person wishes to receive the absentee ballot by electronic mail or fax.
(e) The county election board shall by fax or electronic mail transmit an absentee ballot to and receive an absentee ballot from an emergency first responder by fax or electronic mail 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 fax or electronic mail 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.".
(f) The county election board shall send confirmation to a voter described in subsection (e) 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 county election board to send the confirmation not later than the end of the first business day after the county election 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.
(g) A county election board may transmit an absentee ballot to an emergency first responder 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. 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 (e).
(b) An absentee ballot application under section 6 of this chapter from an:
(1) absent uniformed services voter; or
(2) address confidentiality program participant (as defined in IC 5-26.5-1-6);
must show that the voter or program participant is a resident otherwise qualified to vote in the precinct. An absentee ballot application under section 6.3 of this chapter from an emergency first responder must show that the voter is a resident otherwise qualified to vote in the precinct.
(c) An absentee ballot application under section 6 of this chapter from an overseas voter must show that the overseas voter was a resident and otherwise qualified to vote in the precinct where the voter resided before leaving the United States.
(1) Mark the ballot in the presence of no other person.
(2) Fold each ballot separately.
(3) Fold each ballot so as to conceal the marking.
(4) Enclose each ballot, with the seal and signature of the circuit court clerk on the outside, together with any unused ballot, in the envelope provided.
(5) Securely seal the envelope.
(6) Do one (1) of the following:
(A) Mail the envelope to the county election board, with not more than one (1) ballot per envelope.
(B) Deliver the envelope to the county election board in person.
(C) Deliver the envelope to a member of the voter's household or a person designated as the attorney in fact for the voter under IC 30-5 for delivery to the county election board:
(i) in person;
(ii) by United States mail; or
(iii) by a bonded courier company.
(b) A voter permitted to transmit the voter's absentee ballots by fax or electronic mail under IC 3-11-4-6 or IC 3-11-4-6.3 is not required to comply with subsection (a). The individual designated by the circuit court clerk to receive absentee ballots transmitted by fax or electronic mail shall do the following upon receipt of an absentee ballot transmitted by fax:
(1) Note the receipt of the absentee ballot in the records of the circuit court clerk as other absentee ballots received by the circuit court clerk are noted.
(2) Fold each ballot received from the voter separately so as to conceal the marking.
(3) Enclose each ballot in a blank absentee ballot envelope.
(4) Securely seal the envelope.
(5) Mark on the envelope: "Absentee Ballot Received by Fax or Electronic Mail".
(6) Securely attach to the envelope the faxed affidavit received with the voter's absentee ballots.
(c) Except as otherwise provided in this title, absentee ballots received by fax or electronic mail shall be handled and processed as other absentee ballots received by the circuit court clerk are handled and processed.
voter to determine its genuineness.
(b) This subsection does not apply to an absentee ballot cast by a
voter permitted to transmit the voter's absentee ballots by fax or
electronic mail under IC 3-11-4-6 or IC 3-11-4-6.3. The board shall
compare the signature as it appears upon the envelope containing the
absentee ballot with the signature of the voter as it appears upon the
application for the absentee ballot. The board may also compare the
signature on the ballot envelope with any other admittedly genuine
signature of the voter.
(c) This subsection applies to an absentee ballot cast by a voter
permitted to transmit the voter's absentee ballots by fax or electronic
mail under IC 3-11-4-6 or IC 3-11-4-6.3. The board shall compare the
signature as it appears on the affidavit transmitted with the voter's
absentee ballot to the voter's signature as it appears on the application
for the absentee ballot. The board may also compare the signature on
the affidavit with any other admittedly genuine signature of the voter.
(d) If a member of the absentee voter board questions whether a
signature on a ballot envelope or transmitted affidavit is genuine, the
matter shall be referred to the county election board for consideration
under section 5 of this chapter.
(1) The affidavit is insufficient or the ballot has not been endorsed with the initials of:
(A) the two (2) members of the absentee voter board in the office of the circuit court clerk under IC 3-11-4-19 or section 27 of this chapter;
(B) the two (2) members of the absentee voter board visiting the voter under section 25(b) of
(C) the two (2) appointed members of the county election board or their designated representatives under IC 3-11-4-19.
(2) A copy of the voter's signature has been furnished to the
precinct election board and that the signatures do not correspond
or there is no signature.
(3) The absentee voter is not a qualified voter in the precinct.
(4) The absentee voter has not registered.
(5) The ballot is open or has been opened and resealed. This
subdivision does not permit an absentee ballot transmitted by fax
or electronic mail under IC 3-11-4-6 or IC 3-11-4-6.3 to be
rejected because the ballot was sealed in the absentee ballot
envelope by the individual designated by the circuit court to
receive absentee ballots transmitted by fax or electronic mail.
(6) The ballot envelope contains more than one (1) ballot of any
kind for the same office or public question.
(7) In the case of a primary election, if the absentee voter has not
previously voted, the voter failed to execute the proper
declaration relative to age and qualifications and the political
party with which the voter intends to affiliate.
(8) The ballot has been challenged and not supported.
(b) Subsection (c) applies whenever a voter with a disability is
unable to make a signature:
(1) on an absentee ballot application that corresponds to the
voter's signature in the records of the county voter registration
office; or
(2) on an absentee ballot secrecy envelope that corresponds with
the voter's signature:
(A) in the records of the county voter registration office; or
(B) on the absentee ballot application.
(c) The voter may request that the voter's signature or mark be
attested to by:
(1) the absentee voter board under section 25(b) of this chapter;
(2) a member of the voter's household; or
(3) an individual serving as attorney in fact for the voter.
(d) An attestation under subsection (c) provides an adequate basis
for an inspector to determine that a signature or mark complies with
subsection (a)(2).
(1) The voter has a specific, reasonable expectation of being absent from the county on election day during the entire twelve (12) hours that the polls are open.
(2) The voter will be absent from the precinct of the voter's
residence on election day because of service as:
(A) a precinct election officer under IC 3-6-6;
(B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
(C) a challenger or pollbook holder under IC 3-6-7; or
(D) a person employed by an election board to administer the
election for which the absentee ballot is requested.
(3) The voter will be confined on election day to the voter's
residence, to a health care facility, or to a hospital because of an
illness or injury during the entire twelve (12) hours that the polls
are open.
(4) The voter is a voter with disabilities.
(5) The voter is an elderly voter.
(6) The voter is prevented from voting due to the voter's care of
an individual confined to a private residence because of illness or
injury during the entire twelve (12) hours that the polls are open.
(7) The voter is scheduled to work at the person's regular place of
employment during the entire twelve (12) hours that the polls are
open.
(8) The voter is eligible to vote under IC 3-10-11 or IC 3-10-12.
(9) The voter is prevented from voting due to observance of a
religious discipline or religious holiday during the entire twelve
(12) hours that the polls are open.
(10) The voter is an address confidentiality program participant
(as defined in IC 5-26.5-1-6).
(11) The voter is a member of the military or public safety officer.
an emergency first responder.
(b) A voter with disabilities who:
(1) is unable to make a voting mark on the ballot or sign the
absentee ballot secrecy envelope; and
(2) requests that the absentee ballot be delivered to an address
within Indiana;
must vote before an absentee voter board under section 25(b) of this
chapter.
(c) If a voter receives an absentee ballot by mail, the voter shall
personally mark the ballot in secret and seal the marked ballot inside
the envelope provided by the county election board for that purpose.
The voter shall:
(1) deposit the sealed envelope in the United States mail for
delivery to the county election board; or
(2) authorize a member of the voter's household or the individual
designated as the voter's attorney in fact to:
(A) deposit the sealed envelope in the United States mail; or
(B) deliver the sealed envelope in person to the county election board.
(d) If a member of the voter's household or the voter's attorney in fact delivers the sealed envelope containing a voter's absentee ballot to the county election board, the individual delivering the ballot shall complete an affidavit in a form prescribed by the commission. The affidavit must contain the following information:
(1) The name and residence address of the voter whose absentee ballot is being delivered.
(2) A statement of the full name, residence and mailing address, and daytime and evening telephone numbers (if any) of the individual delivering the absentee ballot.
(3) A statement indicating whether the individual delivering the absentee ballot is a member of the voter's household or is the attorney in fact for the voter. If the individual is the attorney in fact for the voter, the individual must attach a copy of the power of attorney for the voter, unless a copy of this document has already been filed with the county election board.
(4) The date and location at which the absentee ballot was delivered by the voter to the individual delivering the ballot to the county election board.
(5) A statement that the individual delivering the absentee ballot has complied with Indiana laws governing absentee ballots.
(6) A statement that the individual delivering the absentee ballot is executing the affidavit under the penalties of perjury.
(7) A statement setting forth the penalties for perjury.
(e) The county election board shall record the date and time that the affidavit under subsection (d) was filed with the board.
(f) After a voter has mailed or delivered an absentee ballot to the office of the circuit court clerk, the voter may not recast a ballot, except as provided in section 1.5 of this chapter.
(1) The affidavit is insufficient or that the ballot has not been endorsed with the initials of:
(A) the two (2) members of the absentee voter board in the office of the clerk of the circuit court under IC 3-11-4-19 or IC 3-11-10-27;
(B) the two (2) members of the absentee voter board visiting the voter under IC 3-11-10-25; or
(C) the two (2) appointed members of the county election board or their designated representatives under IC 3-11-4-19.
(2) The signatures do not correspond or there is no signature.
(3) The absentee voter is not a qualified voter in the precinct.
(4) The absentee voter has voted in person at the election.
(5) The absentee voter has not registered.
(6) The ballot is open or has been opened and resealed. This subdivision does not permit an absentee ballot transmitted by fax or electronic mail under IC 3-11-4-6 or IC 3-11-4-6.3 to be rejected because the ballot was sealed in the absentee ballot envelope by the individual designated by the circuit court to receive absentee ballots transmitted by fax or electronic mail.
(7) The ballot envelope contains more than one (1) ballot of any kind for the same office or public question.
(8) In case of a primary election, if the absentee voter has not previously voted, the voter failed to execute the proper declaration relative to age and qualifications and the political party with which the voter intends to affiliate.
(9) The ballot has been challenged and not supported.
(b) Subsection (c) applies whenever a voter with a disability is unable to make a signature:
(1) on an absentee ballot application that corresponds to the voter's signature in the records of the county voter registration office; or
(2) on an absentee ballot security envelope that corresponds with the voter's signature:
(A) in the records of the county voter registration office; or
(B) on the absentee ballot application.
(c) The voter may request that the voter's signature or mark be attested to by any of the following:
(1) The absentee voter board under section 22 of this chapter.
(2) A member of the voter's household.
(3) An individual serving as attorney in fact for the voter.
(d) An attestation under subsection (c) provides an adequate basis for the absentee ballot counters to determine that a signature or mark
complies with subsection (a)(2).
(e) If the absentee ballot counters are unable to agree on a finding
described under this section or section 12 of this chapter, the county
election board shall make the finding.
(f) The absentee ballot counters or county election board shall issue
a certificate to a voter whose ballot has been rejected under this section
if the voter appears in person before the board not later than 5 p.m. on
election day. The certificate must state that the voter's absentee ballot
has been rejected and that the voter may vote in person under section
21 of this chapter if otherwise qualified to vote.
(b) If the ballot card voting system is designed to allow the counting and tabulation of votes by the precinct election board, the members of the remake team must be members of the precinct election board in which the ballot was cast.
(c) If necessary, a true, duplicate copy shall be made of the damaged ballot card in the presence of witnesses and substituted for the damaged card. Similarly, a duplicate ballot card shall be made of a defective card, not including the uncounted votes.
(d) This subsection applies to:
(1) an absent uniformed services voter or overseas voter permitted to transmit an absentee ballot by fax or electronic mail under IC 3-11-4-6; or
(2) an emergency first responder permitted to transmit an absentee ballot by fax or electronic mail under IC 3-11-4-6.3.
To facilitate the transmittal and return of the voter's absentee ballot by fax or electronic mail, the county election board may provide the voter with a paper ballot rather than a ballot card. The paper ballot must conform with the requirements for paper ballots set forth in IC 3-10 and IC 3-11. After the voter returns the ballot by fax or electronic mail, a remake team appointed under this section shall prepare a ballot card for processing that accurately records the intention of the voter as indicated on the paper ballot. The ballot card created under this subsection must be marked and counted as a duplicate ballot under sections 6 through 7 of this chapter.
(e) If an automatic tabulating machine fails during the counting and tabulation of votes following the close of the polls, the county election board shall immediately arrange for the repair and proper functioning of the system. The county election board may, by unanimous vote of its entire membership, authorize the counting and tabulation of votes for this election on an automatic tabulating machine approved for use in Indiana by the commission:
(1) until the repair and retesting of the malfunctioning machine; and
(2) whether or not the machine was tested under IC 3-11-13-22.
(b) As used in this section, "multiple" means five (5) or more.
(c) A person who knowingly or intentionally sends a false vote history communication to multiple individuals commits a Class D felony.
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IC 3-14-1-3 (Concerning
IC 3-14-1-6 (Concerning
IC 3-14-1-7 (Concerning
IC 3-14-1-10 (Concerning
IC 3-14-1-10.5 (Concerning
IC 3-14-1-11 (Concerning
IC 3-14-1-13 (Concerning
IC 3-14-1-14 (Concerning
violations).
IC 3-14-1-14.5 (Concerning elections). election campaign
violations).
IC 3-14-1-17 (Concerning election campaign violations).
IC 3-14-2-1 (Concerning voting). vote fraud).
IC 3-14-2-2 (Concerning voting). vote fraud).
IC 3-14-2-2.5 (Concerning voting). vote fraud).
IC 3-14-2-3 (Concerning voting). vote fraud).
IC 3-14-2-4 (Concerning voting). vote fraud).
IC 3-14-2-5 (Concerning voting). vote fraud).
IC 3-14-2-6 (Concerning voting). vote fraud).
IC 3-14-2-7 (Concerning voting). vote fraud).
IC 3-14-2-8 (Concerning voting). vote fraud).
IC 3-14-2-9 (Concerning voting). vote fraud).
IC 3-14-2-10 (Concerning voting). vote fraud).
IC 3-14-2-11 (Concerning voting). vote fraud).
IC 3-14-2-12 (Concerning voting). vote fraud).
IC 3-14-2-13 (Concerning voting). vote fraud).
IC 3-14-2-14 (Concerning voting). vote fraud).
IC 3-14-2-15 (Concerning voting). vote fraud).
IC 3-14-2-16 (Concerning voting). vote fraud).
IC 3-14-2-17 (Concerning voting). vote fraud).
IC 3-14-2-18 (Concerning voting). vote fraud).
IC 3-14-2-19 (Concerning voting). vote fraud).
IC 3-14-2-20 (Concerning voting). vote fraud).
IC 3-14-2-21 (Concerning voting). vote fraud).
IC 3-14-2-22 (Concerning voting). vote fraud).
IC 3-14-2-23 (Concerning voting). vote fraud).
IC 3-14-2-24 (Concerning voting). vote fraud).
IC 3-14-2-25 (Concerning voting). vote fraud).
IC 3-14-2-26 (Concerning voting). vote fraud).
IC 3-14-2-27 (Concerning voting). vote fraud).
IC 3-14-2-28 (Concerning voting). vote fraud).
IC 3-14-2-29 (Concerning voting). vote fraud).
IC 3-14-2-30 (Concerning voting). vote fraud).
IC 3-14-2-31 (Concerning vote fraud).
IC 3-14-3-1.1 (Concerning voting). interfering with free
elections).
IC 3-14-3-2 (Concerning voting). interfering with free
elections).
IC 3-14-3-3 (Concerning voting). interfering with free
elections).
IC 3-14-3-4 (Concerning
IC 3-14-3-5 (Concerning
IC 3-14-3-6 (Concerning
IC 3-14-3-7 (Concerning
IC 3-14-3-8 (Concerning
IC 3-14-3-9 (Concerning
IC 3-14-3-10 (Concerning
IC 3-14-3-11 (Concerning
IC 3-14-3-12 (Concerning
IC 3-14-3-13 (Concerning
IC 3-14-3-14 (Concerning
IC 3-14-3-15 (Concerning
IC 3-14-3-16 (Concerning
IC 3-14-3-17 (Concerning
IC 3-14-3-18 (Concerning
IC 3-14-3-19 (Concerning
IC 3-14-3-20 (Concerning
IC 3-14-3-20.5 (Concerning
IC 3-14-3-21 (Concerning
IC 3-14-3-21.5 (Concerning
IC 3-14-4-1 (Concerning
IC 3-14-4-2 (Concerning
IC 3-14-4-3 (Concerning
IC 3-14-4-3.5 (Concerning
IC 3-14-4-4 (Concerning
IC 3-14-4-6 (Concerning
IC 3-14-4-7 (Concerning
IC 3-14-4-8 (Concerning
IC 3-14-4-9 (Concerning
IC 3-14-4-10 (Concerning
IC 3-14-6-1.1 (Concerning
IC 3-14-6-2 (Concerning
