MR. PRESIDENT:
The Senate Committee on Legislative Apportionment and Elections, to which was referred
Senate Bill No. 403, has had the same under consideration and begs leave to report the same
back to the Senate with the recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 4; (02)CR040301.1. -->
Page 1, between lines 4 and 5, begin a new paragraph and insert:
SOURCE: IC 3-5-2-40.6; (02)CR040301.2. -->
"SECTION 2.
IC 3-5-2-40.6
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 40.6. "Provisional ballot" refers to a
ballot cast in accordance with the provisions of IC 3-11.7.".
SOURCE: Page 4, line 4; (02)CR040301.4. -->
Page 4, line 4, strike "voters" and insert " individuals who meet the
requirements of section 7 or 39 of this chapter".
Page 7, line 32, delete "has" and insert " may have".
Page 7, line 36, after "complaint." insert " However, the attorney
general may exclude from the report any information the
disclosure of which the attorney general believes may impair any
pending investigation.".
Page 7, between lines 36 and 37, begin a new paragraph and insert:
" Sec. 4. (a) In conducting an investigation under this chapter,
the attorney general shall have the following powers:
(1) To issue and serve subpoenas requiring:
(A) the appearance of a witness in person before the
attorney general or any person designated by the attorney
general; or
(B) the production of books, papers, electronic data, and
documents or other things.
(2) To question witnesses.
(3) To require witnesses to give testimony under oath.
(4) To transcribe testimony provided by witnesses.
(5) To copy, examine, or inspect, or cause to be copied,
examined, or inspected, any books, papers, electronic data,
records of investigations, summaries of investigations, and
documents or other things contained or found in any public
office or other place (including, without limitation, evidence
under the control of the state police department, local law
enforcement personnel, prosecuting attorneys, clerks of court,
county election boards, county boards of registration, and
boards of elections and registration), whether or not the
books, papers, electronic data, records of investigations,
summaries of investigations, and documents or other things
are or contain confidential information. The attorney general
shall maintain the confidentiality of any information obtained
under this subdivision.
(6) To examine, inspect, or test, or cause to be examined,
inspected, or tested, any machine, computer, or other thing.
(7) To issue a civil investigative demand under
IC 4-6-3.
(8) To apply to a court to enforce a subpoena, civil
investigative demand, or any other investigative request
issued under this chapter.
(9) To exercise all of the investigative powers of a prosecuting
attorney.
(b) Only the attorney general or a person designated by the
attorney general may exercise the powers provided in this section.
Sec. 5. The commission shall reimburse in full the investigative
costs (including the cost of any special deputy attorney general and
payroll expenses) incurred by the attorney general under this
chapter upon the attorney general's certification to the commission
of the amount of the investigative costs.".
Page 8, line 17, delete "an absent uniformed services voter" and
insert " a person".
Page 8, line 22, after "who" insert " is absent from Indiana during
the registration period described in
IC 3-7-13-10
and who".
Page 8, line 24, after "return" insert " returning to Indiana during
the period described in subsection (a) following".
Page 8, line 29, strike "An honorable" and insert " A".
Page 8, line 32, after "day." insert " , dated not earlier than the
beginning of the registration period that ended on the date
described in
IC 3-7-13-11,
".
Page 8, line 36, after "orders" insert " , with a reporting date not
earlier than the beginning of the registration period that ended on
the date described in
IC 3-7-13-11,
".
Page 8, between lines 40 and 41, begin a new paragraph and insert:
" (c) A voter who registers under this section may vote at the
upcoming election as provided in this title.".
Page 9, line 1, delete "an absent".
Page 9, line 2, delete "uniformed services voter" and insert " a
person".
Page 9, line 7, after "who" insert " is absent from Indiana during
the registration period described in
IC 3-7-13-10
and who".
Page 9, line 8, after "upon" insert " returning to Indiana during the
period described in subsection (a) following".
Page 9, line 12, delete " An honorable" and insert " A".
Page 9, line 12, after "service" insert " , dated not earlier than the
beginning of the registration period that ended on the date
described in
IC 3-7-13-11,
".
Page 9, line 16, after "orders" insert " , with a reporting date not
earlier than the beginning of the registration period that ended on
the date described in
IC 3-7-13-11,
".
Page 9, line 21, delete "next" and insert " upcoming".
Page 9, line 23, delete "." and insert " or at any time after the voter
registers under this section and before noon on election day.".
Page 11, delete lines 23 through 24.
Page 11, delete lines 27 through 42.
Page 12, delete lines 1 through 10.
Page 13, line 17, after "in person" delete ",".
Page 13, line 17, strike "including a person eligible to".
Page 13, line 18, strike "vote under
IC 3-10-11
or
IC 3-10-12
,".
Page 13, line 40, after "in person" delete ",".
Page 13, line 40, strike "including a person eligible to vote under
IC 3-10-11
or".
Page 13, line 41, strike "IC 3-10-12,".
and when so amended that said bill do pass.
Committee Vote: Yeas 10, Nays 0.
Landske
CR040301/DI 102 2002