Bill Text: IN SB0083 | 2010 | Regular Session | Amended
Bill Title: Public inspection of provisional ballot materials.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2010-02-08 - First reading: referred to Committee on Elections and Apportionment [SB0083 Detail]
Download: Indiana-2010-SB0083-Amended.html
Citations Affected: IC 3-10; IC 3-11.7.
Synopsis: Public inspection of provisional ballot materials. Requires
that election material related to provisional ballots (excluding the
provisional ballots themselves) be made available for copying and
inspection under the access to public records law in the same manner
as other election material. Provides that information in material related
to provisional ballots that identifies an individual, except for the
individual's name, address, and birth date, remains confidential.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Elections.
January 26, 2010, amended, reported favorably _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(b) The inspector of each precinct shall deliver the bags required by section 30(a) and 30(c) of this chapter in good condition, together with poll lists, tally sheets, and other forms, to the circuit court clerk when making returns.
(c) Except for unused ballots disposed of under IC 3-11-3-31 or affidavits received by the county election board under IC 3-14-5-2 for delivery to the foreman of a grand jury, the circuit court clerk shall seal the ballots (including provisional ballots) and other material (including election material related to provisional ballots) during the time allowed to file a verified petition or cross-petition for a recount of votes or to contest the election. Except as provided in subsection (d) and notwithstanding any other provision of state law, after the recount or contest filing period, the election material, including
election material related to provisional ballots (except for ballots
and provisional ballots, which remain confidential) shall be made
available for copying and inspection under IC 5-14-3. The circuit court
clerk shall carefully preserve the sealed ballots and other material for
twenty-two (22) months, as required by 42 U.S.C. 1974, after which the
sealed ballots and other material are subject to IC 5-15-6 unless an
order issued under:
(1) IC 3-12-6-19 or IC 3-12-11-16; or
(2) 42 U.S.C. 1973;
requires the continued preservation of the ballots or other material.
(d) If a petition for a recount or contest is filed, the material for that
election remains confidential until completion of the recount or contest.
(e) Upon delivery of the poll lists, the county voter registration
office may unseal the envelopes containing the poll lists. For the
purposes of:
(1) a cancellation of registration conducted under IC 3-7-43
through IC 3-7-46;
(2) a transfer of registration conducted under IC 3-7-39,
IC 3-7-40, or IC 3-7-42;
(3) a change of name made under IC 3-7-41;
(4) adding the registration of a voter under IC 3-7-48-8; or
(5) recording that a voter subject to IC 3-7-33-4.5 submitted the
documentation required under 42 U.S.C. 15483 and IC 3-11-8 or
IC 3-11-10;
the county voter registration office may inspect the poll lists and update
the registration record of the county. The county voter registration
office shall use the poll lists to update the registration record to include
the voter's voter identification number if the voter's voter identification
number is not already included in the registration record. Upon
completion of the inspection, the poll list shall be preserved with the
ballots and other materials in the manner prescribed by subsection (c)
for the period prescribed by subsections (c) and (d).
(f) This subsection does not apply to ballots, including provisional
ballots. Notwithstanding subsection (c), if a county voter registration
office determines that the inspection and copying of precinct election
material would reveal the political parties, candidates, and public
questions for which an individual cast an absentee ballot, the county
voter registration office shall keep confidential only that part of the
election material necessary to protect the secrecy of the voter's ballot.
In addition, the county voter registration office shall keep
confidential information contained in material related to
provisional ballots that identifies an individual, except for the
individual's name, address, and birth date.
(g) After the expiration of the period described in subsection (c) or
(d), the ballots may be destroyed in the manner provided by
IC 3-11-3-31 or transferred to a state educational institution as
provided by IC 3-12-2-12.
(1) whether the individual's provisional ballot was counted; and
(2) if the provisional ballot was not counted, the reason the provisional ballot was not counted.
(b) As required by 42 U.S.C. 15482, the county election board shall establish and maintain reasonable procedures to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used on the free access system established by the board under subsection (a).
(c) As required by 42 U.S.C. 15482, the county election board shall restrict access to the
(d) The county election board shall prescribe written instructions to inform a provisional voter how the provisional voter can determine whether the provisional voter's ballot has been counted.
