Bill Text: IN SB0146 | 2012 | Regular Session | Introduced
Bill Title: Straight party voting.
Sponsorship: Partisan Bill (Republican 4)
Status: (Introduced - Dead) 2012-01-09 - Senators Schneider and M. Young added as coauthors [SB0146 Detail]
Download: Indiana-2012-SB0146-Introduced.html
Citations Affected: IC 3-10-7-32; IC 3-11; 14IC 3-12-1.
Synopsis: Straight party voting. Removes a voter's option to vote for
all candidates of a political party or an independent ticket at one time
(straight ticket voting) in a general or municipal election, except for
candidates for presidential electors. Repeals superseded statutes
relating to straight ticket voting.
Effective: January 1, 2013.
January 4, 2012, read first time and referred to Committee on Elections.
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.
(b) The town election board and its precinct election officers shall perform the duties of the county election board and its precinct election officers under IC 3-11 for each voting method used.
(c) The town election board shall prepare the ballots in the form prescribed by IC 3-11 and distribute them to the precincts in the town.
(d) This subsection applies only to paper ballots. Notwithstanding subsection (c), the town election board, by unanimous consent of the board's entire membership, may authorize the printing or reproduction of ballots on equipment under the control of the town clerk-treasurer. If the town election board acts under this subsection, the ballots are not required to conform to the precise dimensions concerning the size of political party devices under IC 3-11-2-9 or the placement of a candidate's name under
the ballots must otherwise substantially conform with IC 3-11-2.
(1) Ratification of a state constitutional amendment.
(2) Local public questions.
Each public question shall be placed in a separate column on the ballot.
(b) The name or title of the political party or independent ticket described in section 6 of this chapter shall be placed on the general election ballot after the public questions described in subsection (a). The device of the political party or independent ticket shall be placed immediately under the name of the political party or independent ticket.
a square three-eighths (3/8) of an inch on each side.
(g) (e) The election division or the circuit court clerk may authorize
the printing of ballots containing a ballot variation code to ensure that
the proper version of a ballot is used within a precinct.
(b) Each county election board shall have the names of all candidates for all elected offices, political party offices, and public questions printed on a ballot card as provided in this chapter. The county may:
(1) print all offices and questions on a single ballot card; and
(2) include a ballot variation code to ensure that the proper version of a ballot is used within a precinct.
(c) Each type of ballot card must be of uniform size and of the same quality and color of paper (except as permitted under IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate
or independent ticket (described in IC 3-11-2-6) nominated by
petitioners shall be listed on the ballot with the name and device set
forth on the certification or petition. The circle containing the device
may be of any size that permits a voter to readily identify the device.
IC 3-11-2-5 applies if the certification or petition does not include a
name or device, or if the same device is selected by two (2) or more
parties or petitioners.
(e) The offices and public questions on the general election ballot
must be placed on the ballot in the order listed in IC 3-11-2-12,
IC 3-11-2-12.2, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a),
IC 3-11-2-13(a) through IC 3-11-2-13(c), IC 3-11-2-14(a), and
IC 3-11-2-14(d). The offices and public questions may be listed in a
continuous column either vertically or horizontally and on a number of
separate pages.
(f) The name of each office must be printed in a uniform size in bold
type. A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the highest
number of votes in the county for secretary of state at the last
election is listed first.
(2) The major political party whose candidate received the second
highest number of votes in the county for secretary of state is
listed second.
(3) All other political parties listed in the order that the parties'
candidates for secretary of state finished in the last election are
listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of
state in the last election or a nominee is an independent candidate
or independent ticket (described in IC 3-11-2-6), the party or
candidate is listed after the parties described in subdivisions (1),
(2), and (3).
(5) If more than one (1) political party or independent candidate
or ticket described in subdivision (4) qualifies to be on the ballot,
the parties, candidates, or tickets are listed in the order in which
the party filed its petition of nomination under IC 3-8-6-12.
(6) A space for write-in voting is placed after the candidates listed
in subdivisions (1) through (5), if required by law.
(7) The name of a write-in candidate may not be listed on the ballot.
(h) The names of the candidates grouped in the order established by subsection (g) must be printed in type with uniform capital letters and have a uniform space between each name. The name of the candidate's political party, or the word "Independent" if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name of the candidate and must be printed in a uniform size and type.
(i) All the candidates of the same political party for election to at-large seats on the fiscal or legislative body of a political subdivision must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the order established by subsection (g); and
(3) within the political party, in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of the office and above the name of the first candidate: "Vote for not more than (insert the number of candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body of a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking; and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of the office and above the name of the first candidate: "Vote for not more than (insert the number of candidates to be elected) candidate(s) for this office.".
(k) The following information must be placed at the top of the ballot before the first public question is listed:
(1) The cautionary statement described in IC 3-11-2-7.
(2) The instructions described in IC 3-11-2-8
(l)
straight party or an independent ticket ballot must be identified by:
(1) the name of the political party or independent ticket
(described in IC 3-11-2-6); and
(2) immediately below or beside the political party's or
independent ticket's name, the device of that party or ticket
(described in IC 3-11-2-5).
The name and device of each political party or independent ticket must
be of uniform size and type and arranged in the order established by
subsection (g) for listing candidates under each office. The instructions
described in IC 3-11-2-10(c) for voting a straight party ticket and The
statement concerning presidential electors required under IC 3-10-4-3
may be placed on the ballot beside or above the names and devices
within the voting booth in a location that permits the voter to easily
read the instructions.
(m) A public question must be in the form described in
IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
arrow, a circle, or an oval may be used instead of a square. Except as
expressly authorized or required by statute, a county election board
may not print a ballot card that contains language concerning the public
question other than the language authorized by a statute.
(n) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to optical scan ballots.
(o) The procedure described in IC 3-11-2-16 must be used when a
ballot does not comply with the requirements imposed by this title or
contains another error or omission that might result in confusion or
mistakes by voters.
(p) This subsection applies to an optical scan ballot that does not
list:
(1) the names of political parties or candidates; or
(2) the text of public questions;
on the face of the ballot. The ballot must be prepared in accordance
with this section, except that the ballot must include a numbered circle
or oval to refer to each political party, candidate, or public question.
comprising an independent ticket, the vote must not count for any other
independent candidate on the ballot.
(b) After receiving ballot cards, a voter shall, without leaving the room, go alone into one (1) of the booths or compartments that is unoccupied and indicate:
(1) the candidates for whom the voter desires to vote by marking the connectable arrows, circles, ovals, or squares immediately beside:
(A) the candidates' names; or
(B) the numbers referring to the candidates; and
(2) the voter's preference on each public question by marking the connectable arrow, oval, or square beside:
(A) the word "yes" or "no" under the question; or
(B) the number referring to the word "yes" or "no" on the ballot.
(b) The county may:
(1) print all offices and public questions on a single ballot label;
and
(2) include a ballot variation code to ensure that the proper
version of a ballot label is used within a precinct.
(c) Each type of ballot label or paster must be of uniform size and
of the same quality and color of paper (except as permitted under
IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate
or independent ticket (described in IC 3-11-2-6) nominated by
petitioners must be listed on the ballot label with the name and device
set forth on the certification or petition. The circle containing the
device may be of any size that permits a voter to readily identify the
device. IC 3-11-2-5 applies if the certification or petition does not
include a name or device, or if the same device is selected by two (2)
or more parties or petitioners.
(e) The ballot labels must list the offices and public questions on the
general election ballot in the order listed in IC 3-11-2-12,
IC 3-11-2-12.2, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a),
IC 3-11-2-13(a) through IC 3-11-2-13(c), IC 3-11-2-14(a), and
IC 3-11-2-14(d). Each office and public question may have a separate
screen, or the offices and public questions may be listed in a
continuous column either vertically or horizontally.
(f) The name of each office must be printed in a uniform size in bold
type. A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the highest
number of votes in the county for secretary of state at the last
election is listed first.
(2) The major political party whose candidate received the second
highest number of votes in the county for secretary of state is
listed second.
(3) All other political parties listed in the order that the parties'
candidates for secretary of state finished in the last election are
listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of
state in the last election or a nominee is an independent candidate
or independent ticket (described in IC 3-11-2-6), the party or
candidate is listed after the parties described in subdivisions (1),
(2), and (3).
(5) If more than one (1) political party or independent candidate
or ticket described in subdivision (4) qualifies to be on the ballot,
the parties, candidates, or tickets are listed in the order in which
the party filed its petition of nomination under IC 3-8-6-12.
(6) A space for write-in voting is placed after the candidates listed
in subdivisions (1) through (5), if required by law. A space for
write-in voting for an office is not required if there are no
declared write-in candidates for that office. However, procedures
must be implemented to permit write-in voting for candidates for
federal offices.
(7) The name of a write-in candidate may not be listed on the
ballot.
(h) The names of the candidates grouped in the order established by
subsection (g) must be printed in type with uniform capital letters and
have a uniform space between each name. The name of the candidate's
political party, or the word "Independent", if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name
of the candidate and must be printed in uniform size and type.
(i) All the candidates of the same political party for election to
at-large seats on the fiscal or legislative body of a political subdivision
must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the party order established by subsection (g); and
(3) within the political party, in alphabetical order according to
surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body
of a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking;
and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(k) The cautionary statement described in IC 3-11-2-7 must be
placed at the top or beginning of the ballot label before the first public
question is listed.
(l) The instructions described in IC 3-11-2-8 IC 3-11-2-10(d), and
IC 3-11-2-10(e) IC 3-11-2-10(c) may be:
(1) placed on the ballot label; or
(2) posted in a location within the voting booth that permits the
voter to easily read the instructions.
(m) The ballot label must include a touch sensitive point or button
for voting a straight political party or independent ticket (described in
IC 3-11-2-6) by one (1) touch, and the touch sensitive point or button
must be identified by:
(1) the name of the political party or independent ticket; and
(2) immediately below or beside the political party's or
independent ticket's name, the device of that party or ticket
(described in IC 3-11-2-5).
The name and device of each party or ticket must be of uniform size
and type, and arranged in the order established by subsection (g) for
listing candidates under each office. The instructions described in
IC 3-11-2-10(c) for voting a straight party ticket and The statement
concerning presidential electors required under IC 3-10-4-3 may be
placed on the ballot label or in a location within the voting booth that
permits the voter to easily read the instructions.
(n) A public question must be in the form described in
IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
point or button must be used instead of a square. Except as expressly
authorized or required by statute, a county election board may not print
a ballot label that contains language concerning the public question
other than the language authorized by a statute.
(o) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to ballots for electronic
voting systems.
(p) The procedure described in IC 3-11-2-16 must be used when a
ballot label does not comply with the requirements imposed by this title
or contains another error or omission that might result in confusion or
mistakes by voters.
to comply with 42 U.S.C. 15481 by establishing uniform and
nondiscriminatory standards to define what constitutes a vote on an
electronic voting system.
(b) If a voter is not challenged by a member of the precinct election
board, the voter may pass the railing to the side where an electronic
voting system is and into the voting booth. There the voter shall
register the voter's vote in secret by indicating:
(1) the candidates for whom the voter desires to vote by touching
a device on or in the squares immediately above the candidates'
names;
(2) if the voter intends to cast a write-in vote, a write-in vote by
touching a device on or in the square immediately below the
candidates' names and printing the name of the candidate in the
window provided for write-in voting; and
(3) the voter's preference on each public question by touching a
device above the word "yes" or "no" under the question.
(c) If an election is a general or municipal election and a voter
desires to vote for all the candidates of one (1) political party or group
of petitioners, the voter may cast a straight party ticket by touching that
party's device. The voter's vote shall then be counted for all the
candidates under that name. However, if the voter casts a vote by
touching the circle of an independent ticket comprised of two (2)
candidates, the vote shall not be counted for any other independent
candidate on the ballot.
(d) (c) As provided by 42 U.S.C. 15481, a voter casting a ballot on
an electronic voting system must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided the opportunity to change the ballot or correct any
error in a private and independent manner before the ballot is cast
and counted, including the opportunity to receive a replacement
ballot if the voter is otherwise unable to change or correct the
ballot; and
(3) notified before the ballot is cast regarding the effect of casting
multiple votes for the office and provided an opportunity to
correct the ballot before the ballot is cast and counted.
all of the same political party as the straight ticket vote.
The straight ticket vote shall be counted and the individual candidate
votes may not be counted.
(b) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party;
(2) only one (1) person may be elected to an office; and
(3) the voter has voted for one (1) individual candidate for the
office described in subdivision (2) who is:
(A) a candidate of a political party other than the party for
which the voter voted a straight ticket; or
(B) an independent candidate for the office.
If the voter has voted for one (1) individual candidate for the office
described in subdivision (2), the individual candidate vote for that
office shall be counted, the straight party ticket vote for that office may
not be counted, and the straight party ticket votes for other offices on
the ballot shall be counted.
(c) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party; and
(2) the voter has voted for more individual candidates for the
office than the number of persons to be elected to that office.
The individual candidate votes for that office may not be counted, the
straight party ticket vote for that office may not be counted, and the
straight party ticket votes for other offices on the ballot shall be
counted.
(d) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the office
described in subdivision (2) who are:
(A) independent candidates;
(B) candidates of a political party other than the political party
for which the voter cast a straight party ticket under
subdivision (1); or
(C) a combination of candidates described in clauses (A) and
(B).
The individual votes cast by the voter for the office for the independent
candidates and the candidates of a political party other than the
political party for which the voter cast a straight party ticket shall be
counted. The straight party ticket vote cast by that voter for that office
shall be counted unless the total number of votes cast for the office by
the voter, when adding the voter's votes for the individual candidates
for the office and the voter's straight party ticket votes for the office, is
greater than the number of persons to be elected to the office. If the
total number of votes cast for the office is greater than the number of
persons to be elected to the office, the straight party ticket votes for the
office may not be counted. The straight party ticket votes for other
offices on the voter's ballot shall be counted.
(e) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the office
described in subdivision (2) who are:
(A) independent candidates or candidates of a political party
other than the political party for which the voter cast a straight
party ticket under subdivision (1); and
(B) candidates of the same political party for which the voter
cast a straight party ticket under subdivision (1).
The individual votes cast by the voter for the office for the independent
candidates and the candidates of a political party other than the
political party for which the voter cast a straight party ticket shall be
counted. The individual votes cast by the voter for the office for the
candidates of the same political party for which the voter cast a straight
party ticket may not be counted. The straight party ticket vote cast by
that voter for that office shall be counted unless the total number of
votes cast for the office by the voter, when adding the voter's votes for
the individual candidates for the office and the voter's straight party
ticket vote for the office is greater than the number of persons to be
elected to the office. If the total number of votes cast for the office is
greater than the number of persons to be elected to the office, the
straight party ticket votes for that office may not be counted. The
straight party ticket votes for other offices on the voter's ballot shall be
counted.
(f) If a voter votes a straight party ticket for more than one (1)
political party, the whole ballot is void with regard to all candidates
nominated by a political party or designated as independent candidates
on the ballot. However, the voter's vote for a school board candidate or
on a public question shall be counted if otherwise valid under this
chapter.
(g) (a) If a voter does not vote a straight party ticket and the number
of votes cast by that a voter for the candidates for an office are is less
than or equal to the number of openings for that office, the individual
candidates' votes shall be counted.
(h) (b) If a voter does not vote a straight party ticket and the number
of votes cast by that a voter for an office exceeds the number of
openings for that office, none of the votes concerning that office may
be counted.
(b) A vote cast for a candidate who ceases to be a candidate may not be counted as a vote for a successor candidate selected under IC 3-13-1 or IC 3-13-2.
