Bill Text: IN SB0032 | 2011 | Regular Session | Enrolled
Bill Title: Vote centers.
Spectrum: Slight Partisan Bill (Republican 8-4)
Status: (Passed) 2011-05-18 - Effective retroactive to 12/31/2010 [SB0032 Detail]
Download: Indiana-2011-SB0032-Enrolled.html
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AN ACT to amend the Indiana Code concerning elections.
(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.
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
DECEMBER 31, 2010 (RETROACTIVE)]:
Chapter 18.1. Vote Centers
Sec. 1. (a) This chapter applies to a county designated as a vote
center county under this chapter.
(b) On January 1, 2011, a county designated as a vote center
pilot county under:
(1) IC 3-11-18 (before its expiration);
(2) P.L.164-2006, SECTION 148 (before its expiration); or
(3) P.L.108-2008, SECTION 4 (before its expiration);
is automatically redesignated as a vote center county under this
chapter.
Sec. 2. As used in this chapter, "active voter" means a voter who
is not an inactive voter under IC 3-7-38.2.
Sec. 3. (a) A county must comply with this section to become a
vote center county.
(b) As used in this section, "board" refers to any of the
following:
(1) The county election board.
(2) The board of elections and registration established under
IC 3-6-5.2 or IC 3-6-5.4.
(c) The board shall 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) At least 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.
(g) All members of the board must sign the order adopting the
plan.
(h) The order and the adopted plan must be filed with the
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 designation of the county as a vote center county.
Sec. 4. 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.
(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 the county.
(B) The number of active voters within the county.
(C) The number of inactive voters within the county.
(5) For each vote center designated under subdivision (2), a
list of the precincts whose polls will be located at the vote
center consistent with section 12 of this chapter.
(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 consistent with section
12 of this chapter.
(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.
(B) Ensure that the election is properly conducted if a
disruption occurs.
(C) Prevent access to an electronic poll list 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. However, a plan must provide for at least one (1) vote
center to be established as a satellite office under
IC 3-11-10-26.3 on the two (2) Saturdays immediately
preceding an election day.
(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.
Sec. 5. A plan must provide a vote center for use by voters
residing within the county for use in a primary election, general
election, special election, municipal primary, or municipal election
conducted on or after the effective date of the county election
board's order.
Sec. 6. When the total number of active voters in the county
equals at least twenty-five thousand (25,000), 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.
Sec. 7. Before adopting an order designating a county as a vote
center county under this chapter, the 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.
Sec. 8. (a) The designation of a county as a vote center county
takes effect immediately upon the filing of the order with the
election division, unless otherwise specified by the 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.
Sec. 9. The county executive shall publish notice of the location
of each vote center in accordance with IC 3-11-8-3.2.
Sec. 10. 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 adopted with
the county election board's order under section 4 of this chapter.
Sec. 11. Notwithstanding any other law, a voter who resides in
a vote center 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.
Sec. 12. Notwithstanding any other law, the electronic poll list
used at each vote center:
(1) must comply with IC 3-11-8-10.3;
(2) may include an electronic image of the signature of a voter
taken from the voter's registration application, if available;
and
(3) may be in a format approved by the secretary of state.
Sec. 13. Notwithstanding any other law, including IC 3-11-8-2
and IC 3-14-2-11, a voter who resides in a vote center 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.
Sec. 14. The precinct election board administering an election
at a vote center shall keep the ballots cast in each precinct separate
from the ballots cast in any other precinct whose election is
administered at the vote center, so that the votes cast for each
candidate and on each public question in each of the precincts
administered by the board may be determined and included on the
statement required by IC 3-12-4-9.
Sec. 15. (a) A county may amend a plan 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 plan amendment;
(2) all members of the board must sign the amendment; and
(3) the amendment must be filed with the election division.
(c) A plan amendment takes effect immediately upon filing with
the election division, unless otherwise specified by the county
election board.
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