Bill Text: IN SB0366 | 2013 | Regular Session | Introduced

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Bill Title: Proof of identification for absentee voters.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-01-08 - First reading: referred to Committee on Elections [SB0366 Detail]

Download: Indiana-2013-SB0366-Introduced.html

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Introduced Version

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SENATE BILL No. 366

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 3-10-1; IC 3-11; IC 3-11.5; IC 3-11.7-5.

Synopsis: Proof of identification for absentee voters. Provides that a voter who votes at a licensed care facility in which the voter lives must give proof of identification. (Under current law, such a voter is exempt from the proof of identification requirement.) Requires a voter who casts an absentee ballot by mail (other than a military or overseas voter or an address confidentiality voter) to provide a photocopy of the voter's proof of identification in the mailing envelope.

Effective: July 1, 2013.

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Head

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    January 8, 2013, read first time and referred to Committee on Elections.

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Introduced

First Regular Session 118th General Assembly (2013)

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 this style type.
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 this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

SENATE BILL No. 366

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    A BILL FOR AN ACT to amend the Indiana Code concerning elections.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 3-10-1-7.2; (13)IN0366.1.1. -->     SECTION 1. IC 3-10-1-7.2, AS AMENDED BY P.L.53-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7.2. (a) Except as provided in subsection (e), A voter who desires to vote an official ballot at a primary election shall provide proof of identification.
    (b) Except as provided in subsection (e), Before the voter proceeds to vote in a primary election, a precinct election officer shall ask the voter to provide proof of identification. The voter must produce the proof of identification before being permitted to sign the poll list.
    (c) If:
        (1) the voter is unable or declines to present the proof of identification; or
        (2) a member of the precinct election board determines that the proof of identification presented by the voter does not qualify as proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter as prescribed by IC 3-11-8.

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    (d) If the voter executes a challenged voter's affidavit under section 9 of this chapter or IC 3-11-8-22.1, the voter may:
        (1) sign the poll list; and
        (2) receive a provisional ballot.
    (e) A voter who votes in person at a precinct polling place that is located at a state licensed care facility where the voter resides is not required to provide proof of identification before voting in a primary election.

SOURCE: IC 3-10-1-31.1; (13)IN0366.1.2. -->     SECTION 2. IC 3-10-1-31.1, AS AMENDED BY P.L.141-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 31.1. (a) This section applies only to election materials for elections held after December 31, 2003.
    (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 subsections (d) and (h), and notwithstanding any other provision of state Indiana 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;

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        (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.
     (h) A copy of a voter's proof of identification is confidential. After twenty-two (22) months, all copies of voter proofs of identification shall be destroyed 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 continued preservation of the copies.

SOURCE: IC 3-11-4-18; (13)IN0366.1.3. -->     SECTION 3. IC 3-11-4-18, AS AMENDED BY P.L.66-2010, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 18. (a) If a voter satisfies any of the qualifications described in IC 3-11-10-24 that entitle a voter to cast an absentee ballot by mail, the county election board shall, at the request of the voter, mail the official ballot, postage fully prepaid, to the voter at the address

stated in the application.
    (b) If the county election board mails an absentee ballot to a voter required to file additional documentation with the county voter registration office before voting by absentee ballot under this chapter, the board shall include a notice to the voter in the envelope with the materials mailed to the voter under section 20 of this chapter. The notice must inform the voter that the voter must file the additional documentation required under IC 3-7-33-4.5 with the county voter registration office not later than noon on election day for the absentee ballot to be counted as an absentee ballot, and that, if the documentation required under IC 3-7-33-4.5 is filed after noon and before 6 p.m. on election day, the ballot will be processed as a provisional ballot. The commission shall prescribe the form of this notice under IC 3-5-4-8.
    (c) Except as provided in section 18.5 of this chapter, the ballot shall be mailed:
        (1) on the day of the receipt of the voter's application; or
        (2) not more than five (5) days after the date of delivery of the ballots under section 15 of this chapter;
whichever is later.
    (d) As required by 42 U.S.C. 15481, an election board shall establish a voter education program (specific to a paper ballot or optical scan ballot card provided as an absentee ballot under this chapter) to notify a voter of the effect of casting multiple votes for a single office.
    (e) As provided by 42 U.S.C. 15481, when an absentee ballot is mailed under this section, the mailing must include:
        (1) information concerning the effect of casting multiple votes for an office; and
        (2) instructions on how to correct the ballot before the ballot is cast and counted, including the issuance of replacement ballots.

SOURCE: IC 3-11-4-20; (13)IN0366.1.4. -->     SECTION 4. IC 3-11-4-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 20. An Whenever a county election board mails an absentee ballot mailed to a voter under section 18 of this chapter, shall be enclosed in an the mailing must include the following:
        (1) A mailing envelope, unsealed and stamped for return to the county election board by at least first class mail. One (1) side of the envelope must bear the name, official title, and post office address of the county election board. The pre-addressed, stamped envelope shall be furnished by the county election board.
         (2) The official ballot.

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        (3) A ballot envelope in which the voter will place the voter's absentee ballot.
        (4) The notice described in section 18(b) of this chapter, if the notice is required.
        (5) Instructions to the voter telling the voter to place a copy of the voter's proof of identification in the mailing envelope, but not in the ballot envelope. The instructions must inform the voter of the types of identification that qualify as proof of identification under IC 3-5-2-40.5. This subdivision does not apply if the voter is an absent uniformed services voter, an overseas voter, or an address confidentiality program participant.

SOURCE: IC 3-11-8-25.1; (13)IN0366.1.5. -->     SECTION 5. IC 3-11-8-25.1, AS AMENDED BY P.L.53-2009, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 25.1. (a) Except as provided in subsection (e), A voter who desires to vote an official ballot at an election shall provide proof of identification.
    (b) Except as provided in subsection (e), Before the voter proceeds to vote in the election, a precinct election officer shall ask the voter to provide proof of identification. The voter shall produce the proof of identification before being permitted to sign the poll list.
    (c) If:
        (1) the voter is unable or declines to present the proof of identification; or
        (2) a member of the precinct election board determines that the proof of identification provided by the voter does not qualify as proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter as prescribed by this chapter.
    (d) If the voter executes a challenged voter's affidavit under section 22.1 of this chapter, the voter may:
        (1) sign the poll list; and
        (2) receive a provisional ballot.
    (e) A voter who votes in person at a precinct polling place that is located at a state licensed care facility where the voter resides is not required to provide proof of identification before voting in an election.
    (f) (e) After a voter has passed the challengers or has been sworn in, the voter shall be instructed by a member of the precinct election board to proceed to the location where the poll clerks are stationed. The voter shall announce the voter's name to the poll clerks or assistant poll clerks. A poll clerk, an assistant poll clerk, or a member of the precinct election board shall require the voter to write the following on the poll

list:
        (1) The voter's name.
        (2) Except as provided in subsection (k), (j), the voter's current residence address.
    (g) (f) The poll clerk, an assistant poll clerk, or a member of the precinct election board shall:
        (1) ask the voter to provide or update the voter's voter identification number;
        (2) tell the voter the number the voter may use as a voter identification number; and
        (3) explain to the voter that the voter is not required to provide or update a voter identification number at the polls.
    (h) (g) The poll clerk, an assistant poll clerk, or a member of the precinct election board shall ask the voter to provide proof of identification.
    (i) (h) In case of doubt concerning a voter's identity, the precinct election board shall compare the voter's signature with the signature on the affidavit of registration or any certified copy of the signature provided under IC 3-7-29. If the board determines that the voter's signature is authentic, the voter may then vote. If either poll clerk doubts the voter's identity following comparison of the signatures, the poll clerk shall challenge the voter in the manner prescribed by section 21 of this chapter.
    (j) (i) If, in a precinct governed by subsection (g): (f):
        (1) the poll clerk does not execute a challenger's affidavit; or
        (2) the voter executes a challenged voter's affidavit under section 22.1 of this chapter or executed the affidavit before signing the poll list;
the voter may then vote.
    (k) (j) Each line on a poll list sheet provided to take a voter's current address must include a box under the heading "Address Unchanged" so that a voter whose residence address shown on the poll list is the voter's current residence address may check the box instead of writing the voter's current residence address on the poll list.

SOURCE: IC 3-11-10-1; (13)IN0366.1.6. -->     SECTION 6. IC 3-11-10-1, AS AMENDED BY P.L.198-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) A voter voting by absentee ballot shall make and subscribe to the affidavit prescribed by IC 3-11-4-21. The voter then shall, except as provided in subsection (b), do the following:
        (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.

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        (4) Enclose each ballot, with the seal and signature of the circuit court clerk on the outside together with any unused ballot in the ballot envelope provided.
        (5) Securely seal the ballot envelope.
         (6) Place the sealed ballot envelope and a copy of the voter's proof of identification (outside of the sealed ballot envelope) in the mailing envelope and securely seal the mailing envelope.
        (6) (7) Do one (1) of the following:
            (A) Mail the mailing envelope to the county election board, with not more than one (1) ballot per envelope.
            (B) Deliver the mailing envelope to the county election board in person.
            (C) Deliver the mailing 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 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.

SOURCE: IC 3-11-10-1.2; (13)IN0366.1.7. -->     SECTION 7. IC 3-11-10-1.2 IS REPEALED [EFFECTIVE JULY 1, 2013]. Sec. 1.2. An absentee voter is not required to provide proof of identification when:

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        (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.

SOURCE: IC 3-11-10-4; (13)IN0366.1.8. -->     SECTION 8. IC 3-11-10-4, AS AMENDED BY P.L.198-2005, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) Upon receipt of an absentee ballot, a county election board (or the absentee voter board in the office of the circuit court clerk) shall immediately examine the signature of the absentee 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. The board shall do the following:
        (1) Compare the signature as it appears upon the ballot 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.
         (2) Determine whether the voter's proof of identification qualifies as proof of identification under IC 3-5-2-40.5.
    (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. 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:
         (1) a signature on a ballot envelope or transmitted affidavit is genuine; or
        (2) the voter's proof of identification qualifies as proof of identification under IC 3-5-2-40.5;
the matter shall be referred to the county election board for consideration under section 5 of this chapter.

SOURCE: IC 3-11-10-5; (13)IN0366.1.9. -->     SECTION 9. IC 3-11-10-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) If a county election board unanimously finds that the signature on a ballot envelope or transmitted affidavit is not genuine, the board shall write upon the ballot envelope or transmitted affidavit the words "The county election board has questioned the genuineness of the signature of this voter.". These ballots shall be delivered to the polls on election day under section 12 of this chapter with instructions to verify the voter's

signature under section 15 of this chapter.
     (b) If a county election board unanimously finds that the voter's proof of identification does not qualify as proof of identification under IC 3-5-2-40.5, the board shall write upon the ballot envelope the words "The county election board has found that the voter's proof of identification does not qualify as proof of identification under IC 3-5-2-40.5.". The voter's ballot shall be delivered to the polls on election day under section 12 of this chapter with instructions to treat the voter's ballot as a provisional ballot.

SOURCE: IC 3-11-10-6; (13)IN0366.1.10. -->     SECTION 10. IC 3-11-10-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) If a county election board is unable to unanimously determine whether the signature on a ballot envelope is genuine, the board shall write upon the ballot envelope or transmitted affidavit the words "Signature Disputed". The board then shall deliver all disputed ballot envelopes, together with any evidence of a documentary nature presented before the board, to the proper precinct at the same time that undisputed ballots are delivered.
     (b) If a county election board is unable to determine unanimously whether a voter's proof of identification qualifies as proof of identification under IC 3-5-2-40.5, the board shall write on the ballot envelope the words "Proof of identification uncertain.". The board shall deliver all such ballot envelopes to the proper precinct with instructions to treat the ballots as provisional ballots.

SOURCE: IC 3-11-10-7; (13)IN0366.1.11. -->     SECTION 11. IC 3-11-10-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) After receipt of disputed ballots under section 6 6(a) of this chapter, a precinct election board shall determine whether each disputed ballot will be voted or rejected.
     (b) A precinct election board shall treat all ballots received under section 6(b) of this chapter as provisional ballots.

SOURCE: IC 3-11-10-22; (13)IN0366.1.12. -->     SECTION 12. IC 3-11-10-22, AS AMENDED BY P.L.109-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 22. (a) If an absentee ballot is challenged under section 21 of this chapter, the absentee voter's application for an absentee ballot shall be considered as the affidavit required to be made by a voter when challenged at the polls while voting in person.
    (b) Except as provided in subsection (c), The challenge procedure under this section is the same as though the ballot was cast by the voter in person.
    (c) This subsection does not apply to an absent uniformed services voter, an overseas voter, or an address confidentiality

program participant. An absentee voter is not required to must provide a copy of the voter's proof of identification. The absentee voter shall put a copy of the voter's proof of identification in the mailing envelope described in IC 3-11-4-20(1), but not in the ballot envelope described in IC 3-11-4-20(3). The voter shall then seal the mailing envelope.
    (d) If:
         (1) a proper affidavit is made that would entitle the absentee voter to vote if the absentee voter had personally appeared; and
        (2) the voter's proof of identification qualifies as proof of identification under IC 3-5-2-40.5;
then the absentee ballot shall be placed in the ballot box.
     (e) If:
        (1) the voter has not included a copy of the voter's proof of identification as required by subsection (c); or
        (2) a member of the precinct election board determines that the voter's proof of identification does not qualify as proof of identification under IC 3-5-2-40.5;
the voter's absentee ballot shall be treated as a provisional ballot.

SOURCE: IC 3-11-10-24; (13)IN0366.1.13. -->     SECTION 13. IC 3-11-10-24, AS AMENDED BY P.L.225-2011, SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 24. (a) Except as provided in subsection (b), a voter who satisfies any of the following is entitled to vote by mail:
        (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.

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        (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.
    (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 ballot envelope provided by the county election board for that purpose. The voter shall place a copy of the voter's proof of identification in the mailing envelope but not in the ballot envelope. The voter shall then do the following:
        (1) Seal the mailing envelope.
        (2) Do either of the following:
            (1) (A) Deposit the sealed mailing envelope in the United States mail for delivery to the county election board. or
            (2) (B) Authorize a member of the voter's household or the individual designated as the voter's attorney in fact to:
                (A) (i) deposit the sealed mailing envelope in the United States mail; or
                (B) (ii) deliver the sealed mailing 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 mailing 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.

SOURCE: IC 3-11.5-4-4; (13)IN0366.1.14. -->     SECTION 14. IC 3-11.5-4-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) If a county election board finds that the signature on a ballot envelope or transmitted affidavit is not genuine, the board shall write upon the ballot envelope the words "The county election board has rejected this ballot because the signature of this voter is not genuine.".
     (b) If a county election board unanimously finds that the voter's proof of identification does not qualify as proof of identification under IC 3-5-2-40.5, the board shall write upon the ballot envelope the words "The county election board has found that the voter's proof of identification does not qualify as proof of identification under IC 3-5-2-40.5.". The voter's ballot shall then be treated as a provisional ballot.

SOURCE: IC 3-11.5-4-12; (13)IN0366.1.15. -->     SECTION 15. IC 3-11.5-4-12, AS AMENDED BY P.L.225-2011, SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. (a) If the absentee ballot counters find under section 11 of this chapter that:
        (1) the affidavit is properly executed;
        (2) the signatures correspond;
        (3) the absentee voter is a qualified voter of the precinct;
         (4) the absentee voter's proof of identification qualifies as proof of identification under IC 3-5-2-40.5;

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        (4) (5) the absentee voter is registered and is not required to file additional information with the county voter registration office under IC 3-7-33-4.5; and
        (5) (6) in case of a primary election, if the absentee voter has not previously voted, the absentee voter has executed the proper declaration relative to age and qualifications and the political party with which the absentee voter intends to affiliate;
the absentee ballot counters shall open the envelope containing the absentee ballots so as not to deface or destroy the affidavit and take out each ballot enclosed without unfolding or permitting a ballot to be unfolded or examined.
    (b) If the absentee ballot counters find under subsection (a) that:
         (1) the voter has not filed the additional information required to be filed with the county voter registration office under IC 3-7-33-4.5; or
        (2) the voter's proof of identification does not qualify as proof of identification under IC 3-5-2-40.5;
but that all of the other findings listed under subsection (a) apply, the absentee ballot shall be processed as a provisional ballot under IC 3-11.7.
    (c) The absentee ballot counters shall then deposit the ballots in a secure envelope with the name of the precinct set forth on the outside of the envelope. After the absentee ballot counters or the county election board has made the findings described in subsection (a) or section 13 of this chapter for all absentee ballots of the precinct, the absentee ballot counters shall remove all the ballots deposited in the envelope under this section for counting under IC 3-11.5-5 or IC 3-11.5-6.

SOURCE: IC 3-11.5-4-16; (13)IN0366.1.16. -->     SECTION 16. IC 3-11.5-4-16, AS AMENDED BY P.L.164-2006, SECTION 120, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 16. (a) If an absentee ballot is challenged under section 15 of this chapter, the absentee voter's application for an absentee ballot shall be considered as the affidavit required to be made by a voter when challenged at the polls while voting in person.
    (b) Except as provided in subsection (c), The challenge procedure under this section is the same as though the ballot was cast by the voter in person.
    (c) An absentee voter is not required to provide proof of identification.
    (d) (c) If a proper affidavit by a qualified person in the form required by IC 3-11-8-22.1 is made that would entitle the absentee

voter to vote if the absentee voter had personally appeared, the couriers shall return the affidavit to the county election board in the same envelope as the certificate returned under section 9 of this chapter.
    (e) (d) The absentee ballot cast by the challenged voter shall be counted if the county election board makes the findings required under section 11 of this chapter.

SOURCE: IC 3-11.5-5-26; (13)IN0366.1.17. -->     SECTION 17. IC 3-11.5-5-26, AS AMENDED BY P.L.2-2007, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 26. (a) A county election board may contract with a state educational institution to dispose of the ballots. The contract must provide that:
        (1) the ballots will be used by the state educational institution to conduct election research; and
        (2) the state educational institution may not receive any ballots under this subsection until the period for retention under IC 3-10-1-31 or IC 3-10-1-31.1 has expired.
     (b) A state educational institution may not receive copies of voters' proofs of identification. A copy of a voter's proof of identification shall be destroyed as provided in IC 3-10-1-31.1.

SOURCE: IC 3-11.5-6-29; (13)IN0366.1.18. -->     SECTION 18. IC 3-11.5-6-29, AS AMENDED BY P.L.2-2007, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 29. (a) A county election board may contract with a state educational institution to dispose of the ballots. The contract must provide that:
        (1) the ballots will be used by the state educational institution to conduct election research; and
        (2) the state educational institution may not receive any ballots under this subsection until the period for retention under IC 3-10-1-31 or IC 3-10-1-31.1 has expired.
     (b) A state educational institution may not receive copies of voters' proofs of identification. A copy of a voter's proof of identification shall be destroyed as provided in IC 3-10-1-31.1.

SOURCE: IC 3-11.7-5-2; (13)IN0366.1.19. -->     SECTION 19. IC 3-11.7-5-2, AS AMENDED BY P.L.103-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Except as provided in section 5 of this chapter, if the county election board determines that all the following apply, a provisional ballot is valid and shall be counted under this chapter:
        (1) The affidavit executed by the provisional voter under IC 3-11.7-2-1 is properly executed.
        (2) The provisional voter is a qualified voter of the precinct and has provided proof of identification, if required, under IC 3-10-1,

IC 3-11-8, or IC 3-11-10-26. IC 3-11-10.
        (3) Based on all the information available to the county election board, including:
            (A) information provided by the provisional voter;
            (B) information contained in the county's voter registration records; and
            (C) information contained in the statewide voter registration file;
        the provisional voter registered to vote at a registration agency under this article on a date within the registration period.
    (b) If the provisional voter has provided information regarding the registration agency where the provisional voter registered to vote, the board shall promptly make an inquiry to the agency regarding the alleged registration. The agency shall respond to the board not later than noon of the first Friday after the election, indicating whether the agency's records contain any information regarding the registration. If the agency does not respond to the board's inquiry, or if the agency responds that the agency has no record of the alleged registration, the board shall reject the provisional ballot. The board shall endorse the ballot with the word "Rejected" and document on the ballot the inquiry and response, if any, by the agency.
    (c) Except as provided in section 5 of this chapter, a provisional ballot cast by a voter described in IC 3-11.7-2-1(b) is valid and shall be counted if the county election board determines under this article that the voter filed the documentation required under IC 3-7-33-4.5 and 42 U.S.C. 15483 with the county voter registration office not later than the closing of the polls on election day.

SOURCE: IC 3-11.7-5-2.5; (13)IN0366.1.20. -->     SECTION 20. IC 3-11.7-5-2.5, AS AMENDED BY P.L.225-2011, SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.5. (a) A voter who:
        (1) was challenged under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26 IC 3-11-10 as a result of the voter's inability or declination to provide proof of identification; and
        (2) cast a provisional ballot or whose absentee ballot is required to be treated as a provisional ballot;
may personally appear before the circuit court clerk or the county election board not later than noon ten (10) days following the election.
    (b) Except as provided in subsection (c) or (e), if the voter:
        (1) provides proof of identification to the circuit court clerk or county election board; and
        (2) executes an affidavit before the clerk or board, in the form prescribed by the commission, affirming under the penalties of

perjury that the voter is the same individual who:
            (A) personally appeared before the precinct election board and (B) cast the provisional ballot on election day; or
            (B) cast the absentee ballot being treated as a provisional ballot;
the county election board shall find that the voter's provisional ballot is valid and direct that the provisional ballot be opened under section 4 of this chapter and processed in accordance with this chapter.
    (c) If the voter executes an affidavit before the circuit court clerk or county election board, in the form prescribed by the commission, affirming under the penalties of perjury that:
        (1) the voter is the same individual who:
            (A) personally appeared before the precinct election board and (B) cast the provisional ballot on election day; or
            (B) cast the absentee ballot being treated as a provisional ballot; and
        (2) the voter:
            (A) is:
                (i) indigent; and
                (ii) unable to obtain proof of identification without the payment of a fee; or
            (B) has a religious objection to being photographed;
the county election board shall determine whether the voter has been challenged for any reason other than the voter's inability or declination to present proof of identification to the precinct election board.
    (d) If the county election board determines that the voter described in subsection (c) has been challenged solely for the inability or declination of the voter to provide proof of identification, the county election board shall:
        (1) find that the voter's provisional ballot is valid; and
        (2) direct that the provisional ballot be:
            (A) opened under section 4 of this chapter; and
            (B) processed in accordance with this chapter.
    (e) If the county election board determines that a voter described in subsection (b) or (c) has been challenged for a cause other than the voter's inability or declination to provide proof of identification, the board shall:
        (1) note on the envelope containing the provisional ballot that the voter has complied with the proof of identification requirement; and
        (2) proceed to determine the validity of the remaining challenges set forth in the challenge affidavit before ruling on the validity of

the voter's provisional ballot.
    (f) If a voter described by subsection (a) fails by the deadline for counting provisional ballots referenced in subsection (a) to:
        (1) appear before the county election board; and
        (2) execute an affidavit in the manner prescribed by subsection (b) or (c);
the county election board shall find that the voter's provisional ballot is invalid.

SOURCE: IC 3-11.7-5-3; (13)IN0366.1.21. -->     SECTION 21. IC 3-11.7-5-3, AS AMENDED BY P.L.103-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) If the board determines that the affidavit executed by the provisional voter has not been properly executed, that the provisional voter is not a qualified voter of the precinct, that the voter failed to provide proof of identification when required under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26, IC 3-11-10, or that the provisional voter did not register to vote at a registration agency under this article on a date within the registration period, the board shall make the following findings:
        (1) The provisional ballot is invalid.
        (2) The provisional ballot may not be counted.
        (3) The provisional ballot envelope containing the ballots cast by the provisional voter may not be opened.
    (b) If the county election board determines that a provisional ballot is invalid, a notation shall be made on the provisional ballot envelope: "Provisional ballot determined invalid.".

SOURCE: IC 3-11.7-5-27; (13)IN0366.1.22. -->     SECTION 22. IC 3-11.7-5-27, AS AMENDED BY P.L.2-2007, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 27. (a) A county election board may contract with a state educational institution to dispose of the ballots. The contract must provide that:
        (1) the ballots will be used by the state educational institution to conduct election research; and
        (2) the state educational institution may not receive any ballots under this section until the period for retention under IC 3-10-1-31 or IC 3-10-1-31.1 has expired.
     (b) A state educational institution may not receive copies of voters' proofs of identification. A copy of a voter's proof of identification shall be destroyed as provided in IC 3-10-1-31.1.