Bill Text: IN SB0175 | 2012 | Regular Session | Introduced
Bill Title: Absentee ballots.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [SB0175 Detail]
Download: Indiana-2012-SB0175-Introduced.html
Citations Affected: IC 3-11.
Synopsis: Absentee ballot applications. Requires a voter requesting an
absentee ballot, except for a voter casting an absentee ballot in person
at the circuit court clerk's office or a satellite office, to provide the
voter's voter identification number as a part of the absentee ballot
application. Provides that if an absentee voter does not provide the
voter's voter identification number, the voter's application for an
absentee ballot shall be denied.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Elections.
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A BILL FOR AN ACT to amend the Indiana Code concerning
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(b) If a voter with disabilities is unable to sign the absentee ballot application and the voter has not designated an individual to serve as attorney in fact for the voter, the county election board may designate an individual to sign the application on behalf of the voter. If an individual applies for an absentee ballot as the properly authorized attorney in fact for a voter, the attorney in fact must attach a copy of the power of attorney to the application.
(c) A person may provide an individual with an application for an absentee ballot with the following information already printed or otherwise set forth on the application when provided to the individual:
(1) The name of the individual.
(2) The voter registration address of the individual.
(3) The mailing address of the individual.
(4) The date of birth of the individual.
(d) A person may not provide an individual with an application for an absentee ballot with the following information already printed or otherwise set forth on the application when provided to the individual:
(1) The address to which the absentee ballot would be mailed, if different from the voter registration address of the individual.
(2) In a primary election, the major political party ballot requested by the individual.
(3) In a primary or general election, the types of absentee ballots requested by the individual.
(4) The reason why the individual is entitled to vote an absentee ballot:
(A) by mail; or
(B) before an absentee voter board (other than an absentee voter board located in the office of the circuit court clerk or a satellite office);
in accordance with IC 3-11-4-18, IC 3-11-10-24, or IC 3-11-10-25.
(5) The voter identification number of the individual.
(e) If the county election board determines that an absentee ballot application does not comply with subsection (d), the board shall deny the application under section 17.5 of this chapter.
(f) A person who assists an individual in completing any information described in subsection (d) on an absentee ballot application shall state under the penalties for perjury the following information on the application:
(1) The full name, residence and mailing address, and daytime and evening telephone numbers (if any) of the person providing the assistance.
(2) The date this assistance was provided.
(3) That the person providing the assistance has complied with Indiana laws governing the submission of absentee ballot applications.
(4) That the person has no knowledge or reason to believe that the individual submitting the application:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(g) This subsection does not apply to an employee of the United States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal Service
or a bonded courier company. A person who receives a completed
absentee ballot application from the individual who has applied for the
absentee ballot shall file the application with the appropriate county
election board not later than:
(1) noon seven (7) days after the person receives the application;
or
(2) the deadline set by Indiana law for filing the application with
the board;
whichever occurs first.
(h) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal Service
or a bonded courier company. A person filing an absentee ballot
application, other than the person's own absentee ballot application,
must sign an affidavit at the time of filing the application. The affidavit
must be in a form prescribed by the commission. The form must
include the following:
(1) A statement of the full name, residence and mailing address,
and daytime and evening telephone numbers (if any) of the person
submitting the application.
(2) A statement that the person filing the affidavit has complied
with Indiana laws governing the submission of absentee ballot
applications.
(3) A statement that the person has no knowledge or reason to
believe that the individual whose application is to be filed:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(4) A statement that the person is executing the affidavit under the
penalties of perjury.
(5) A statement setting forth the penalties for perjury.
(i) The county election board shall record the date and time of the
filing of the affidavit.
(b) This subsection does not apply to the form for an absentee ballot application to be submitted by an absent uniformed services voter or overseas voter that contains a standardized oath for those voters. The form of the application for an absentee ballot must do all of the following:
(1) Require the applicant to swear to or affirm under the penalties of perjury that all of the information set forth on the application is true to the best of the applicant's knowledge and belief.
(2) Require a person who assisted with the completion of the application to swear to or affirm under the penalties of perjury the statements set forth in section 2(f) of this chapter.
(3) Set forth the penalties for perjury.
(c) The form prescribed by the commission shall require that a voter who:
(1) requests an absentee ballot; and
(2) is eligible to vote in the precinct under IC 3-10-11 or IC 3-10-12;
must include the affidavit required by IC 3-10-11 or a written affirmation described in IC 3-10-12.
(d) The form prescribed by the commission must require that a voter who requests an absentee ballot, except for a voter submitting an application to cast an absentee ballot under IC 3-11-10-26, provide the voter's voter identification number.
(1) The voter's name.
(2) The date the application is received.
(3) The voter identification number required under section 5.1(d) of this chapter to be provided by the voter.
JULY 1, 2012]: Sec. 17.5. (a) Upon receiving an application for an
absentee ballot, the county election board (or the absentee voter board
in the office of the circuit court clerk) shall determine if:
(1) the applicant is a voter of the precinct in which the applicant
resides, according to the records of the county voter registration
office;
(2) the information set forth on the application appears to be true;
and
(3) the application has been completed and filed in accordance
with Indiana and federal law.
If the members of the absentee voter board are unable to agree about
any of the determinations described in subdivisions (1) through (3), the
issue shall be referred to the county election board for determination.
If the application is submitted by a voter wanting to cast an absentee
ballot under IC 3-11-10-26, the voter shall be permitted to cast an
absentee ballot, and the voter's absentee ballot shall be treated as a
provisional ballot.
(b) If:
(1) the applicant is not a voter of the precinct according to the
registration record; or
(2) the application as completed and filed:
(A) contains a false statement; or
(B) does not otherwise comply with Indiana or federal law;
as alleged under section 18.5 of this chapter, the county election board
shall deny the application.
(c) This subsection does not apply to a voter submitting an
application to cast an absentee ballot under IC 3-11-10-26. If a
voter has not provided the voter's voter identification number as
a part of the voter's application for an absentee ballot under
section 5.1(d) of this chapter, the county election board shall deny
the application and send written notice to the voter stating the
reason for the denial. The notice must be:
(1) in a form prescribed by the commission under IC 3-5-4-8;
(2) sent to the voter not later than forty-eight (48) hours after
the voter's application is denied; and
(3) sent to the voter at the address at which the voter
requested that the absentee ballot be mailed.
(c) (d) This subsection applies to an absentee ballot application
submitted by an absent uniformed services voter or an overseas voter.
In accordance with 42 U.S.C. 1973ff-1(d), if the application is denied,
the county election board shall provide the voter with the reasons for
the denial of the application. Unless the voter is present when the board
denies the application, the board shall send a written notice stating the
reasons for the denial to the voter. The notice must be sent:
(1) not later than forty-eight (48) hours after the application is
denied; and
(2) to the voter at the address at which the voter requested that the
absentee ballot be mailed.
(d) (e) If the county election board determines that the applicant is
a voter of the precinct under subsection (a), the board shall then
determine whether:
(1) the applicant was required to file any additional
documentation under IC 3-7-33-4.5; and
(2) the applicant has filed this documentation according to the
records of the county voter registration office.
If the applicant has not filed the required documentation, the county
election board shall approve the application if the application otherwise
complies with this chapter. The board shall add a notation to the
application and to the record compiled under section 17 of this chapter
indicating that the applicant will be required to provide additional
documentation to the county voter registration office under
IC 3-7-33-4.5 before the absentee ballot may be counted.
(e) (f) If the applicant:
(1) is a voter of the precinct according to the registration record;
(2) states on the application that the applicant resides at an
address that is within the same precinct but is not the same
address shown on the registration record; and
(3) provides a voter identification number on the application to
permit transfer of registration under IC 3-7-13-13;
the county election board shall direct the county voter registration
office to transfer the applicant's voter registration address to the
address within the precinct shown on the application. The applicant's
application for an absentee ballot shall be approved if the applicant is
otherwise eligible to receive the ballot under this chapter.
(1) mailing, delivering, or transmitting an absentee ballot under section 1 of this chapter; or
(2) voting before an absentee board under section 25 of this chapter.
(b) As required under IC 3-11-4-5.1(d), an absentee voter
described in subsection (a) shall provide the voter's voter identification number before the voter receives an absentee ballot.
