Citations Affected: IC 3-10-1-31.
Synopsis: Retention of election materials. Makes election materials
available to the public following an election after expiration of the
recount filing period. Requires a county voter registration office to keep
confidential that portion of election material necessary to protect the
secrecy of a voter's ballot.
Effective: Upon passage.
January 20, 2000, read first time and referred to Committee on Elections.
A BILL FOR AN ACT to amend the Indiana Code concerning
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 31. (a) 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
(b) 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
carefully preserve seal the ballots and other material and keep all
seals intact during the time allowed to file a verified petition for a
recount of votes. After the recount filing period, the election
material (except for ballots, which shall remain confidential) shall
be made available for copying and inspection under
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 they may be destroyed the sealed ballots and other
material are subject to
(1) an order issued under 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.
(c) If a petition for a recount or contest is filed, the material for that election shall remain confidential until completion of the recount or contest.
(d) Upon delivery of the poll lists, the
circuit court clerk or board of
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 ; or
(3) a change of name performed under IC 3-7-41 ;
clerk or board county voter registration office may inspect the
poll lists and update the registration record of the county. Upon
completion of the inspection, the poll list shall be resealed and
preserved with the ballots and other materials in the manner
prescribed by subsection (b) and for the time period prescribed by
subsection subsections (b) and (c).
(e) This subsection does not apply to ballots. Notwithstanding subsection (b), 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 portion of the election material necessary to protect the secrecy of the voter's ballot.
(d) (f) After the expiration of the period described in subsection (b),
the ballots may be destroyed in the manner provided by
or transferred to a state educational institution as provided by
SECTION 2. An emergency is declared for this act.