Introduced Version






HOUSE BILL No. 1541

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 3-5; IC 3-6-4.2 ; IC 3-7; IC 3-11; IC 3-11.7; IC 5-26.5-2-5.

Synopsis: Help America Vote Act compliance. Conforms election law to the federal Help America Vote Act. Makes appropriations from the state general fund to provide state matching funds required by the federal Help America Vote Act. Establishes the state election administration interim study committee to study issues relating to state election administration. Appropriates federal money received under the federal Help America Vote Act. Repeals superseded statutes relating to funding of voting systems.

Effective: Upon passage; July 1, 2003.





Weinzapfel




    January 16, 2003, read first time and referred to Committee on Elections and Apportionment.







Introduced

First Regular Session 113th General Assembly (2003)


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 2002 Regular or Special Session of the General Assembly.

HOUSE BILL No. 1541



    A BILL FOR AN ACT to amend the Indiana Code concerning elections and to make an appropriation.

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

SOURCE: IC 3-5-2-26.4; (03)IN1541.1.1. -->     SECTION 1. IC 3-5-2-26.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 26.4. "Identifying information" refers to any of the following:
        (1) A copy of a current and valid piece of identification containing a photograph of the voter.
        (2) A copy of any of the following that shows the name and address of the voter:
            (A) A current utility bill.
            (B) A current bank statement.
            (C) A current government check.
            (D) A current paycheck.
            (E) A current government document.

SOURCE: IC 3-5-8-2; (03)IN1541.1.2. -->     SECTION 2. IC 3-5-8-2 , AS ADDED BY P.L.126-2002, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) The statement required by section 1 of this chapter must contain the following:
        (1) A statement of the qualifications that an individual must meet to vote in Indiana, including qualifications relating to registration.
        (2) A statement describing the circumstances that permit a voter who has moved from the precinct where the voter is registered to return to that precinct to vote.
        (3) A statement that an individual who meets the qualifications and circumstances listed in subdivisions (1) and (2) may vote in the election.
        (4) A statement describing how a voter who is challenged at the polls may be permitted to vote.
        (5) Voting instructions.
        (6) General information on voting rights under applicable federal and Indiana law. This information must include the following:
            (A) Information on the right of an individual to cast a provisional ballot.
            (B) Instructions on how to contact the appropriate officials if voting rights are alleged to have been violated.
        (7) General information on federal and Indiana law regarding prohibitions on acts of fraud and misrepresentation.

         (8) A statement informing the voter what assistance is available to assist the voter at the polls.
        (6) (9) A statement informing the voter what circumstances will spoil the voter's ballot and the procedures available for the voter to request a new ballot.
        (7) (10) A statement describing which voters will be permitted to vote at the closing of the polls.
        (8) (11) Other information that the commission considers important for a voter to know.
     (b) The information required by subsection (a)(5), (a)(6), and (a)(7) is not required before January 1, 2004.
SOURCE: IC 3-5-9; (03)IN1541.1.3. -->     SECTION 3. IC 3-5-9 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 9. Election Administration Assistance
    Sec. 1. As used in this chapter, "federal act" refers to the Help America Vote Act of 2002.
    Sec. 2. As used in this chapter, "fund" refers to the election administration fund established by section 4 of this chapter.
    Sec. 3. For purposes of this chapter, "purchase" includes purchase, lease-purchase, and lease.
    Sec. 4. (a) The election administration fund is established to

carry out the purposes described in this chapter.
    (b) The fund consists of the following:
        (1) Money appropriated to the fund by the general assembly.
        (2) Proceeds of bonds issued by the Indiana bond bank for acquisition of voting systems as authorized by law.
        (3) All money paid to the state under Section 101 of the federal act. The auditor of state shall establish a separate account in the fund for money received under Section 101 of the federal act.
        (4) All money paid to the state under Section 102 of the federal act. The auditor of state shall establish a separate account in the fund for money received under Section 102 of the federal act.
        (5) All money paid the state under Title II, Subtitle D, Part 1 of the federal act. The auditor of state shall establish a separate account in the fund for money received under
Title II, Subtitle D, Part 1 of the federal act.
The budget agency shall allocate money appropriated by the general assembly and proceeds of bonds issued by the Indiana bond bank to the appropriate account within the fund as required to match federal funds or as otherwise required by law.
    (c) The election division shall administer the fund.
    (d) The expenses of administering the fund shall be paid from money in the Section 101 account of the fund.
    (e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund and allocated among the accounts within the fund according to the balances of the respective accounts.
    (f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (g) Money in the fund is appropriated continuously to carry out the purposes described in this chapter.
    (h) Expenditures from the fund are subject to approval of the budget agency.
    Sec. 5. Money received under Section 101 of the federal act shall be used for the following purposes:
        (1) To reimburse counties for the purchase of new voting systems purchased after December 31, 2000, to the extent that money received under Section 102 of the federal act is insufficient for this purpose.


        (2) To reimburse counties for upgrade or expansion of existing voting systems to comply with requirements of the federal act.
        (3) Any other purpose authorized by this title and under Section 101 of the federal act.
    Sec. 6. (a) Money received under Section 102 of the federal act shall be used to reimburse counties for the purchase of voting systems:
        (1) acquired after December 31, 2000; and
        (2) to replace:
            (A) punch card voting systems; or
            (B) voting machine systems.
    (b) A county may be reimbursed under this section an amount not more than the amount determined by STEP TWO of the following formula:
        STEP ONE: Determine the number of precincts in the county that used a punch card voting system or a voting machine system at the November 2000 general election.
        STEP TWO: Multiply the number determined in STEP ONE by four thousand dollars ($4,000).
    Sec. 7. (a) Except as provided in subsection (b), money received under Title II, Subtitle D, Part 1 of the federal act shall be used to comply with the requirements of Title III of the federal act.
    (b) As provided in Section 251(b) of the federal act, money received under Title II, Subtitle D, Part 1 of the federal act may be used for other purposes authorized by Section 101 of the federal act if the election division makes the certification required by Section 251(b)(2)(A) of the federal act.
    (c) If the election division makes the certification described in subsection (b), the election division may transfer amounts that do not in total exceed the amount described in Section 251(b)(2)(B) from the account for money received under Title II, Subtitle D, Part 1 of the federal act to the Section 101 account in the fund.
    Sec. 8. (a) To receive reimbursement for purchase of voting systems under this chapter, a county must make application to the budget agency.
    (b) The budget agency, after review by the budget committee, shall approve a county's application for reimbursement under this chapter if the budget agency determines either of the following:
        (1) That the county has or has obligated to purchase a new voting system to replace a punch card voting system or a voting machine system after December 30, 2000.
        (2) That the county has or has obligated to purchase an upgrade or expansion of existing voting systems to comply with requirements of the federal act.
    (c) The budget agency shall give priority to applications under subsection (b)(1) when approving applications under this section.
    (d) If a county's application is approved under this section, the election division shall reimburse a county from the fund.
    (e) Payment of money from the fund is subject to the availability of money in the fund and the requirements of this chapter and the federal act.
    Sec. 9. Before January 1, 2006, each county shall enter into an agreement to purchase at least one (1) voting system for each precinct in the county to meet the standards required by IC 3-11-15-13.

SOURCE: IC 3-6-4.2-15; (03)IN1541.1.4. -->     SECTION 4. IC 3-6-4.2-15 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) The co-directors of the election division shall apply to the Secretary of Health and Human Services for payments under Sections 261 through 265 of the Help America Vote Act of 2002 to make polling places, including the path of travel, entrances, exits, and voting areas of each polling place, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters.
    (b) If the co-directors receive payments from the Department of Health and Human Services under Sections 261 through 265 of the Help America Vote Act, the co-directors shall spend the money as described in the application submitted by the co-directors under Section 263 of the Help America Vote Act of 2002.
    (c) Money received by the co-directors under this section is continuously appropriated for the purposes described in subsection (a).

SOURCE: IC 3-6-4.2-15.1; (03)IN1541.1.5. -->     SECTION 5. IC 3-6-4.2-15.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 15.1. (a) As required by 42 U.S.C. 1973ff-1(b), the election division is designated as the single office responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed services voters and overseas voters.
    (b) The election division is responsible for carrying out the state's responsibilities under the Uniformed and Overseas Citizens

Absentee Voting Act (42 U.S.C. 1973ff).

SOURCE: IC 3-6-4.2-16; (03)IN1541.1.6. -->     SECTION 6. IC 3-6-4.2-16 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 16. (a) As required by 42 U.S.C. 1973ff-1(c), not later than ninety (90) days after the date of each regularly scheduled general election for federal offices, the election division shall submit to the Election Assistance Commission the following information:
        (1) The combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election.
        (2) The combined number of absentee ballots returned and cast by absent uniformed services voters and overseas voters at the election.
    (b) The county election board of each county shall assist the election division in compiling the information required by this section.

SOURCE: IC 3-7-11-2; (03)IN1541.1.7. -->     SECTION 7. IC 3-7-11-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. The NVRA official shall do the following:
        (1) Coordinate with the commission to oversee the implementation and administration of NVRA by the state, county, municipal, and nongovernmental offices designated as registration sites under this article.
        (2) Develop training programs to assist the offices described in subdivision (1) in properly administering registration services.
        (3) Protect the fundamental rights of voters.
        (4) Consult with the Federal Election Assistance Commission under 42 U.S.C. 1973gg-7 to develop a federal mail registration form.
        (5) Comply with 42 U.S.C. 1973gg-4(b) by making federal and state mail registration forms available for distribution through governmental and private entities, with particular emphasis on making the forms available for organized voter registration programs.
        (6) Comply with 42 U.S.C. 1973gg-6(g) by notifying a county registration officer whenever the NVRA official receives information from a United States attorney that:
            (A) a person has been convicted of a felony in a district court of the United States; or
            (B) the conviction has been overturned.
        (7) Receive notices from voter registration agencies in other states

indicating that a person has registered in that state and requests that the person's registration in Indiana be canceled.
        (8) Forward notices received under subdivision (7) to the appropriate circuit court clerk or board of registration for cancellation of the voter's registration as provided in 42 U.S.C. 1973gg-6(a)(3)(A).
        (9) Assist the Federal Election Assistance Commission under 42 U.S.C. 1973gg-7(a)(3) by preparing reports concerning the impact of NVRA on election administration in Indiana.
        (10) Recommend improvements to the Federal Election Commission concerning federal and state procedures, forms, or other matters affected by NVRA.
        (11) Develop public awareness programs to assist voters in understanding the services available to them under NVRA.

SOURCE: IC 3-7-13-13; (03)IN1541.1.8. -->     SECTION 8. IC 3-7-13-13 , AS AMENDED BY P.L.126-2002, SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 13. (a) Except as provided in subsection subsections (b) and (c), when an individual registers to vote, the individual must provide the individual's driver's license number issued under IC 9-24-11 or the individual's identification card number issued under IC 9-24-16.
    (b) If an individual does not have a driver's license issued under IC 9-24-11 or an identification card issued under IC 9-24-16 , the individual must provide the last four (4) digits of the individual's Social Security number when the individual registers to vote.
    (c) If an individual does not have a Social Security number, the individual shall be assigned a number by the statewide voter registration file. The number assigned to the individual under this subsection may not have the same format as an Indiana driver's license number, an Indiana identification card number, or a Social Security number.
     (d) The number provided by the individual under subsection (a) or (b) or the number assigned under subsection (c) is the individual's voter identification number.
    (d) (e) A voter's voter identification number may not be changed unless the voter made an error when providing the number when registering to vote.
    (e) (f) If a voter transfers the voter's registration and the voter's voter identification number is not included in the voter's registration records, the voter registration officer of the county in which the voter's registration is to be transferred shall require the voter to provide the number required by subsection (a) or (b) before the voter's registration

is transferred. If the voter does not have any of the numbers described in subsection (a) or (b), a voter identification number shall be assigned to the voter as provided in subsection (c).

SOURCE: IC 3-7-22-2; (03)IN1541.1.9. -->     SECTION 9. IC 3-7-22-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. As provided in 42 U.S.C. 1973gg-4(a)(1), a circuit court clerk or board of registration shall accept and use the mail voter registration form prescribed by the Federal Election Assistance Commission under 42 U.S.C. 1973gg-7(a)(2).
SOURCE: IC 3-7-22-5; (03)IN1541.1.10. -->     SECTION 10. IC 3-7-22-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. A mail registration form prescribed under section 3 of this chapter must meet the following requirements:
        (1) The form must include a statement that does the following:
            (A) Sets forth each eligibility requirement for registration (including citizenship).
            (B) Contains an attestation that the applicant meets each of the eligibility requirements.
            (C) Requires the signature of the applicant, under penalty of perjury.
        (2) The form must include, in print that is identical to the print used in the attestation part of the application, information setting forth the penalties provided by law for submission of a false voter registration application.
         (3) The form must include the questions and the information required by Section 303(b)(4)(A) of the Help America Vote Act of 2002.
        (4) The form must include a statement informing an individual who registers by mail of the identification requirements described in Section 303(b) of the Help America Vote Act of 2002.

SOURCE: IC 3-7-22-5.5; (03)IN1541.1.11. -->     SECTION 11. IC 3-7-22-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5.5. (a) If an individual who submits a registration form under this chapter fails to answer the question required by Section 303(b)(4)(A)(i) of the Help America Vote Act of 2002, the county voter registration office shall:
        (1) notify the individual of the failure; and
        (2) provide the individual with an opportunity to complete the form in a timely manner to allow for completion of the registration form before the next election for federal office.
    (b) If the individual does not complete the form before the

deadline provided in this article, the individual may not vote at the next election.

SOURCE: IC 3-7-22-10; (03)IN1541.1.12. -->     SECTION 12. IC 3-7-22-10 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 10. (a) This section applies to a voter who:
        (1) registers under this chapter; and
        (2) has not previously voted in an election for a federal office in Indiana.
    (b) This section does not apply to a voter who registers under this chapter if any of the following apply:
        (1) The voter has submitted with the voter's registration form identifying information.
        (2) The voter has submitted with the voter's registration form the voter's voter identification number, and the voter's identification number is matched with an existing state identification record that contains the same:
            (A) voter identification record number;
            (B) name; and
            (C) date of birth;
        that are shown on the voter's voter registration form.
        (3) The voter satisfies any of the following:
            (A) The voter is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1 et seq.).
            (B) The voter is provided the right to vote otherwise than in person under Section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii)).
            (C) The voter is entitled to vote otherwise than in person under any other federal law.
    (c) The county voter registration office shall make notations on the voter's voter registration records and on the poll list to indicate that:
        (1) the voter must be required to show identifying information before the voter is permitted to vote, for a voter who votes in person; or
        (2) the absentee ballots submitted by the voter should be treated as a provisional ballot unless the voter submits identifying information with the voter's absentee ballots.
    (d) The county voter registration office shall remove the notation described in subsection (c) after the voter votes in an election for a federal office.

SOURCE: IC 3-7-26-0.5; (03)IN1541.1.13. -->     SECTION 13. IC 3-7-26-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 0.5. As used in this chapter, "federal act" refers to the Help America Vote Act of 2002.
SOURCE: IC 3-7-26-2; (03)IN1541.1.14. -->     SECTION 14. IC 3-7-26-2 , AS AMENDED BY P.L.199-2001, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) The election division shall develop and maintain a statewide voter registration file.
    (b) Subject to section 20 of this chapter, not later than July January 1, 2004, the election division shall maintain the statewide voter registration file so that the file is accessible by the election division and county voter registration offices through a secure connection over the Internet.
     (c) The statewide voter registration file must comply with the standards and requirements described in Section 303 of the federal act.
SOURCE: IC 3-7-26-3; (03)IN1541.1.15. -->     SECTION 15. IC 3-7-26-3 , AS AMENDED BY P.L.199-2001, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) Each county voter registration office shall provide the voter registration information required under section 7 of this chapter to the election division.
    (b) The voter registration office shall periodically update the voter registration information as provided in this chapter and in IC 3-7-38.1.
    (c) The election division shall format the statewide voter registration file required under section 2(b) of this chapter so that only the county voter registration office of a particular county is able to change data in the file for that particular county's voters.
SOURCE: IC 3-7-26-4; (03)IN1541.1.16. -->     SECTION 16. IC 3-7-26-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. Each year The circuit court clerk or board of registration county voter registration office shall submit the information before noon February 15, current as of February 1. to the statewide voter registration file on an expedited basis at the time the information is provided to the county voter registration office.
SOURCE: IC 3-7-26-8; (03)IN1541.1.17. -->     SECTION 17. IC 3-7-26-8 , AS AMENDED BY P.L.199-2001, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8. (a) Until a county has the capability to transmit the information over the Internet as required under subsection (b), the information required by section 7 of this chapter shall be provided on magnetic media or other machine readable form to the election division.
    (b) Subject to section 20 of this chapter, not later than July January

1, 2004, a county voter registration office shall transmit the information required by section 7 of this chapter to the election division over the Internet, in a manner and using a method prescribed by the election division, through a secure connection to the statewide voter registration file.
    (c) The commission shall prescribe a format to ensure the standardization and readability of the data provided under subsection (a) or (b).

SOURCE: IC 3-7-26-20; (03)IN1541.1.18. -->     SECTION 18. IC 3-7-26-20 , AS ADDED BY P.L.199-2001, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 20. (a) As used in this section, "file" refers to the statewide voter registration file developed and maintained under section 2 of this chapter.
    (b) Notwithstanding the deadlines for implementation of the file required by section 2 or section 8 of this chapter, the election division may delay implementation of all or any part of the operation of the file required by section 2 or section 8 of this chapter if:
         (1) the commission adopts a resolution to delay implementation; and
        (2) after the commission adopts a resolution under subdivision (1), the election division makes the certification to the Election Assistance Commission required by Section 303(d)(1)(B) of the federal act.

    (c) A resolution adopted under subsection (b) must contain all of the following:
        (1) A statement of the reasons for the delay of implementation.
        (2) A statement by the commission that the commission considers the reasons stated under subdivision (1) as sufficient cause to delay implementation.
        (3) A new deadline for implementation of the part of the operation of the file that is delayed under the resolution.
    (d) The commission may do the following:
        (1) amend a resolution adopted under this section.
        (2) Adopt more than one (1) resolution under this section.
    (e) Not later than thirty (30) days after the commission adopts a resolution under this section, the election division shall send a copy of the resolution and a copy of the certification required by subsection (b)(2) to the following:
        (1) The legislative council.
        (2) The census data advisory committee established by IC 2-5-19-2.
     (f) This section expires January 1, 2006.
SOURCE: IC 3-7-26.5; (03)IN1541.1.19. -->     SECTION 19. IC 3-7-26.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 26.5. Statewide Voter Registration Advisory Committee
    Sec. 1. As used in this chapter, "committee" refers to the statewide voter registration advisory committee established by section 3 of this chapter.
    Sec. 2. As used in this chapter, "federal act" refers to the Help America Vote Act of 2002.
    Sec. 3. The statewide voter registration advisory committee is established.
    Sec. 4. The committee consists of the following:
        (1) The co-directors of the election division.
        (2) The circuit court clerks of the two (2) most populous counties in Indiana as required by Section 255 of the federal act.
        (3) One (1) circuit court clerk appointed by each of the co-directors of the election division. The individuals appointed under this subdivision may not be members of the same political party.
        (4) Two (2) individuals appointed by each of the co-directors of the election division. The individuals appointed under this subdivision must represent individuals with disabilities and other stakeholders in the voter registration process. Not more than two (2) individuals appointed under this subdivision may be members of the same political party.
        (5) Two (2) individuals appointed by each of the co-directors of the election division. The individuals appointed under this subdivision must represent Indiana citizens generally. Not more than two (2) individuals appointed under this subdivision may be members of the same political party.
    Sec. 5. The committee shall assist the co-directors in developing the state plan required by Section 254 of the federal act.
    Sec. 6. The co-directors serve as the co-chairs of the committee.
    Sec. 7. In developing the state plan, the committee shall comply with Title II, Subtitle D, Part 1 of the federal act.
    Sec. 8. (a) For purposes of this section, an individual who holds:
        (1) a state office is considered an employee of the state; or
        (2) an office of a political subdivision is considered an employee of the political subdivision.
    (b) Each member of the committee who is not a state employee

or an employee of a political subdivision is entitled to receive both of the following:
        (1) The minimum salary per diem provided by IC 4-10-11-2.1 (b).
        (2) Reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (c) Each member of the committee who is a state employee or an employee of a political subdivision is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
    Sec. 9. The committee's expenses shall be paid from the Section 101 account of the election administration fund established by IC 3-5-9-4.

SOURCE: IC 3-7-36-15; (03)IN1541.1.20. -->     SECTION 20. IC 3-7-36-15 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 15. If a voter registration application from an individual described in section 1 of this chapter is rejected, the circuit court clerk or board of registration shall provide the individual with the reasons for the rejection.
SOURCE: IC 3-11-3-11; (03)IN1541.1.21. -->     SECTION 21. IC 3-11-3-11 , AS AMENDED BY P.L.126-2002, SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 11. The county election board shall deliver the following to each inspector or the inspector's representative:
        (1) The sealed package of paper ballots, provisional ballots, sample ballots, and any other supplies provided for the inspector's precinct by the election division.
        (2) The local sample ballots, the ballot labels, if any, and all poll lists, registration lists, and other supplies considered necessary to conduct the election in the inspector's precinct.
        (3) The local ballots printed under the direction of the county election board as follows:
            (A) The number of ballots equal to one hundred percent (100%) of the number of voters in the inspector's precinct, according to the poll list.
            (B) In those precincts where voting machines, ballot card systems, or electronic voting systems are to be used, the number of paper ballots that will be required for emergency

purposes only.
            (C) Provisional ballots in the number considered necessary by the county election board.
        (4) Twenty (20) ink pens suitable for printing the names of write-in candidates on the ballot or ballot envelope.
         (5) Copies of the instructions to provisional voters prescribed by the county election board under IC 3-11.7-6-3. The county election board shall provide at least the number of copies of the instructions as the number of provisional ballots provided under this section.

SOURCE: IC 3-11-4-6; (03)IN1541.1.22. -->     SECTION 22. IC 3-11-4-6 , AS AMENDED BY P.L.126-2002, SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6. (a) This section applies, notwithstanding any other provision of this title, to absentee ballot applications for the following:
        (1) An absent uniformed services voter.
        (2) An address confidentiality program participant (as defined in IC 5-26.5-1-6 ).
        (3) An overseas voter.
    (b) A county election board shall make blank absentee ballot applications available for persons covered by this section after November 20 preceding the election to which the application applies. Except as provided in subsection (c), the person may apply for an absentee ballot at any time after the applications are made available.
    (c) A person covered by this section may apply for an absentee ballot for the next scheduled primary, general, or special election at any time by filing a standard form approved under 42 U.S.C. 1973ff(b).
    (d) If the county election board receives an absentee ballot application from a person described by this section, the circuit court clerk shall mail to the person, free of postage as provided by 39 U.S.C. 3406, all ballots for the election immediately upon receipt of the ballots under sections 13 and 15 of this chapter.
    (e) (d) Whenever a voter described in subsection (a) files an application for a primary election absentee ballot and indicates on the application that:
        (1) the voter is an absent uniformed services voter; and does not expect to be in the county on general election day and on the date of any special election conducted during the twelve (12) months following the date of the application;
        (2) the voter is an address confidentiality program participant; or
        (3) (2) the voter is an overseas voter; and does not expect to be in the county on general election day and on the date of any special

election conducted during the twelve (12) months following the date of the application;
the application is an adequate application for a general election absentee ballot ballots under this chapter and an absentee ballot for a special each election conducted during the twelve (12) months for federal office through the next two (2) regularly scheduled general elections for federal office following the date of the application. The circuit court clerk shall mail to the person, free of postage as provided by 39 U.S.C. 3406, all ballots for the election immediately after the circuit court clerk receives the ballots under sections 13 and 15 of this chapter.
    (e) Whenever a voter files an application for an absentee ballot and indicates on the application that the voter is an address confidentiality program participant, the application is an adequate application for an absentee ballot under this chapter for each election conducted during the year for which the application is made.
    (f)
The circuit court clerk and county election board shall process this application applications submitted under this section and send general election and special election absentee ballots to the voter in the same manner as other general election and special election absentee ballot applications and ballots are processed and sent under this chapter.
    (f) (g) The name, address, telephone number, and any other identifying information relating to a program participant (as defined in IC 5-26.5-1-6 ) in the address confidentiality program, as contained in a voting registration record, is declared confidential for purposes of IC 5-14-3-4 (a)(1). The county voter registration office may not disclose for public inspection or copying a name, an address, a telephone number, or any other information described in this subsection, as contained in a voting registration record, except as follows:
        (1) To a law enforcement agency, upon request.
        (2) As directed by a court order.
    (g) (h) The county election board shall transmit and receive absentee ballots by fax to an absent uniformed services voter or an overseas voter at the request of the voter. If the voter wants to submit absentee ballots by fax, the voter must separately sign and date a statement on the cover of the fax transmission that states substantively the following: "I understand that by faxing my voted ballot I am voluntarily waiving my right to a secret ballot.".
    (h) (i) The county election board shall send confirmation to a voter described in subsection (g) (h) that the voter's absentee ballot has been

received as follows:
        (1) If the voter provides a fax number to which a confirmation may be sent, the county election board shall send the confirmation to the voter at the fax number provided by the voter.
        (2) If the voter provides an electronic mail address to which a confirmation may be sent, the county election board shall send the confirmation to the voter at the electronic mail address provided by the voter.
        (3) If the voter does not provide a fax number or an electronic mail address, the county election board shall send the confirmation by United States mail.
The county election board shall send the confirmation required by this subsection not later than the end of the first business day after the county election board receives the voter's absentee ballot.
     (j) If an absentee ballot application from an absent uniformed services voter or an overseas voter is rejected, the county election board shall provide the voter with the reasons for the rejection in the same manner as a confirmation is sent under subsection (i).

SOURCE: IC 3-11-5-1; (03)IN1541.1.23. -->     SECTION 23. IC 3-11-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) The commission must approve any form of voting machine before it may be used at an election.
     (b) After June 30, 2003, the commission may not approve a voting machine system for use in an election.
    (c) After December 31, 2003, a voting machine system may not be used in an election.

SOURCE: IC 3-11-7-1; (03)IN1541.1.24. -->     SECTION 24. IC 3-11-7-1 , AS AMENDED BY P.L.239-2001, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) The commission must approve a ballot card voting system before it may be used in an election.
    (b) After June 30, 2001, the commission may not approve a punch card voting system for use in an election.
     (c) After December 31, 2003, a punch card voting system may not be used in an election.
SOURCE: IC 3-11-8-25; (03)IN1541.1.25. -->     SECTION 25. IC 3-11-8-25 , AS AMENDED BY P.L.199-2001, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 25. (a) After a voter has passed the challengers or has been sworn in, the voter shall be admitted to the polls. Upon entering the polls, 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 do the following:
        (1)
Write the following on the poll list:
            (1) (A) The voter's name.
            (2) (B) The voter's current residence address.
         (2) Show identifying information if a notation has been made for the voter's name on the poll list under IC 3-7-22-10.
    (b) The poll clerk, an assistant poll clerk, or a member of the precinct election board shall:
        (1) ask the voter to provide 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 a voter identification number at the polls.
    (c) This subsection does not apply to a precinct in a county with a computerized registration system whose inspector was:
        (1) furnished with a list certified under IC 3-7-29 ; and
        (2) not furnished with a certified photocopy of the signature on the affidavit of registration of each voter of the precinct for the comparison of signatures under this section.
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.
    (d) If, in a precinct governed by subsection (c):
        (1) the poll clerk does not execute a challenger's affidavit; or
        (2) the voter executes a challenged voter's affidavit under section 22 of this chapter or had executed the affidavit before signing the poll list;
the voter may then vote.
SOURCE: IC 3-11-10-1; (03)IN1541.1.26. -->     SECTION 26. IC 3-11-10-1 , AS AMENDED BY P.L.126-2002, SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: 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.
        (4) Enclose each ballot, with the seal and signature of the circuit

court clerk on the outside, together with any unused ballot, in the envelope provided.
        (5) Securely seal the envelope.
        (6) If IC 3-7-22-10 applies to the voter, place a copy of identifying information:
            (A) in the envelope in which the ballots are mailed; and
            (B) not in the envelope described in subdivision (5).
        (7)
Do one (1) of the following:
            (A) Mail the envelope to the county election board, with not more than one (1) ballot per envelope.
            (B) Deliver the envelope to the county election board in person.
            (C) Deliver the 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.
    (b) A voter permitted to transmit the voter's absentee ballots by fax 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 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".
        (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 shall be handled and processed as other absentee ballots received by the circuit court clerk are handled and processed.

SOURCE: IC 3-11-10-4; (03)IN1541.1.27. -->     SECTION 27. IC 3-11-10-4 , AS AMENDED BY P.L.126-2002, SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: 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 under IC 3-11-4-6. The board shall compare the signature as it appears upon

the 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.
    (c) This subsection applies to an absentee ballot cast by a voter permitted to transmit the voter's absentee ballots by fax 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) This subsection applies to the absentee ballots cast by a voter to whom IC 3-7-22-10 applies. If identifying information is not included with the absentee ballot envelope, the board shall write on the ballot envelope that the ballots must be treated as provisional ballots under IC 3-11.7.
    (e)
If a member of the absentee voter board questions whether a signature on a ballot envelope or transmitted affidavit is genuine, the matter shall be referred to the county election board for consideration under section 5 of this chapter.

SOURCE: IC 3-11-10-12; (03)IN1541.1.28. -->     SECTION 28. IC 3-11-10-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 12. (a) Each county election board shall have all absentee ballots (including absentee ballots required to be treated as provisional ballots) delivered to the precinct election boards at their respective polls on election day.
    (b) The absentee ballots shall be delivered during the hours that the polls are open and in sufficient time to enable the precinct election boards to vote the ballots during the time the polls are open.
    (c) This subsection applies to a special write-in absentee ballot described in:
        (1) 42 U.S.C. 1973ff for federal offices; and
        (2) IC 3-11-4-12 (d) for state offices.
If the county election board receives both a special write-in absentee ballot and the regular absentee ballot described by IC 3-11-4-12 from the same voter, the county election board shall reject the special write-in ballot and deliver only the regular absentee ballot to the precinct election board.
SOURCE: IC 3-11-10-16; (03)IN1541.1.29. -->     SECTION 29. IC 3-11-10-16 , AS AMENDED BY P.L.126-2002, SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 16. (a) If the inspector finds under section 15 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 is registered;
        (5) the absentee voter has not voted in person at the election; and
        (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; and
        (7) the absentee ballot is not required to be treated as a provisional ballot as provided in section 4 of this chapter;

then the inspector 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) The inspector shall then hand the ballots to the judges who shall deposit the ballots in the proper ballot box and enter the absentee voter's name on the poll list, as if the absentee voter had been present and voted in person. If the voter has registered and voted under IC 3-7-36-14 , the inspector shall attach to the poll list the circuit court clerk's certification that the voter has registered.
    (c) If an absentee ballot is opened under this section in a precinct using voting machines, the precinct election board shall prepare certificates and memoranda under IC 3-12-2-6 that distinguish the votes cast by absentee ballots from votes cast on voting machines.
SOURCE: IC 3-11-10-28; (03)IN1541.1.30. -->     SECTION 30. IC 3-11-10-28 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 28. (a) A voter voting before an absentee voter board shall mark the voter's ballot in the presence of the board, but not in such a manner that either of the members of the board can see for whom the voter voted, unless the voter requests the help of the board in marking a ballot under IC 3-11-9.
     (b) The voter shall then, in the presence of the board, place the ballot in an envelope furnished by the county election board.
     (c) The circuit court clerk shall provide, to the extent practicable, the same degree of privacy to absentee voters voting at the office of the circuit court clerk as provided to voters at the polls on election day.
     (d) If the voter is a voter to whom IC 3-7-22-10 applies, the voter must show identifying information before the voter votes under this section. If the voter does not have identifying information, the voter's ballots shall be treated as provisional ballots under IC 3-11.7.
SOURCE: IC 3-11-10-35; (03)IN1541.1.31. -->     SECTION 31. IC 3-11-10-35 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 35. (a) This section does not apply to an absentee ballot required to be treated as a provisional ballot.
    (b)
If an envelope containing an absentee ballot has not been opened before the close of the polls, then the envelope may not be opened without an order of a court.

SOURCE: IC 3-11-15-13; (03)IN1541.1.32. -->     SECTION 32. IC 3-11-15-13 , AS AMENDED BY P.L.126-2002, SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 13. (a) Except as provided in this chapter, To be approved for use in Indiana, a voting system shall meet the following standards:
         (1) A voting system must be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters. A county complies with the standards described in this subdivision if each precinct in the county has at least one (1) voting system equipped for individuals with disabilities that complies with the standards described in this subdivision.    
         (2) A voting system must meet the other requirements of Section 301(a) of the Help America Vote Act of 2002.
        (3) A voting system must meet
the Voting System Standards established by the Performance and Test Standards for Punchcard, Marksense, and Direct Recording Electronic Voting Systems issued approved by the Federal Election Commission on January 25, 1990. April 30, 2002.
    (b) The commission may adopt rules under IC 4-22-2 to require a voting system to meet standards more recent than standards described in subsection (a). (a)(3). If the commission adopts rules under this subsection, a voting system must meet the standards described in the rules instead of the standards described in subsection (a). (a)(3).
    (c) A voting system that does not meet the standards described in subsection (a) after December 31, 2005, may not be used in Indiana.

SOURCE: IC 3-11.7-2-1; (03)IN1541.1.33. -->     SECTION 33. IC 3-11.7-2-1 , AS ADDED BY P.L.126-2002, SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) This section applies to the following individuals:
        (1)
An individual:
            (1) (A) whose name does not appear on the registration list; and
            (2) (B) who is not permitted to vote under IC 3-7-48-1 , IC 3-7-48-5 , IC  3-7-48-7, IC 3-10-10 , IC 3-10-11-2 , or IC 3-10-12.
         (2) An individual who seeks to vote in an election as a result of a court order or any other order extending the time established for closing the polls under IC 3-11-8-8.
        (3) An individual required to show identifying information under this title who does not have any of the identifying information.
    (b)
A member of the precinct election board shall inform an individual described in subsection (a)(1) that the individual may cast a provisional ballot if the individual executes an affidavit described in IC 3-11-8-23.
     (c) A member of the precinct election board shall inform an individual described in subsection (a)(2) that the individual may cast a provisional ballot.
    (d) The ballots of an individual described in subsection (a)(3) shall be treated as a provisional ballot under this article.

SOURCE: IC 3-11.7-2-2; (03)IN1541.1.34. -->     SECTION 34. IC 3-11.7-2-2 , AS ADDED BY P.L.126-2002, SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) A provisional voter shall do the following:
        (1) Mark the ballot in the presence of no other person, unless the voter requests help in marking a ballot under IC 3-11-9.
        (2) Fold each ballot separately.
        (3) Fold each ballot so as to conceal the marking.
        (4) Enclose each ballot, with the seal and signature of the circuit court clerk on the outside, together with any unused ballot, in the envelope provided by the county election board under IC 3-11.7-1-8.
        (5) Securely seal the envelope.
    (b) A provisional voter may mark a ballot with a pen or a lead pencil.
     (c) This subsection applies to a provisional voter described in section 1(a)(1) or 1(a)(2) of this chapter. Upon receiving the envelope containing the provisional voter's ballots, a member of the precinct election board shall give the provisional voter the written instructions prescribed by the county election board under IC 3-11.7-6-3.
SOURCE: IC 3-11.7-2-3; (03)IN1541.1.35. -->     SECTION 35. IC 3-11.7-2-3 , AS ADDED BY P.L.126-2002, SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) The precinct election board shall affix to the envelope the challenger's affidavit and the affidavit executed by the

provisional voter under section 1 of this chapter.
    (b) Except as provided in subsection (c), the precinct election board shall securely keep the sealed envelope, along with the affidavits affixed to the envelope, in another envelope or container marked "Provisional Ballots".
     (c) This subsection applies to the sealed envelope and affixed affidavits of a provisional voter described in section 1(a)(2) of this chapter. The precinct election board shall securely keep the sealed envelope in an envelope or container different from the envelope or container described in subsection (b). The envelope or container described in this subsection must be marked "After Hours Provisional Ballots".

SOURCE: IC 3-11.7-2-4; (03)IN1541.1.36. -->     SECTION 36. IC 3-11.7-2-4 , AS ADDED BY P.L.126-2002, SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) At the close of the polls, the precinct election board shall do the following:
        (1)
Seal:
            (1) (A) all the provisional ballots; and
            (2) (B) any spoiled provisional ballots;
         of provisional voters other than provisional voters described in section 1(a)(2) of this chapter in the container described in section 3(b) of this chapter and mark on the container the number of provisional ballots contained.
         (2) Seal:
            (A) all the provisional ballots; and
            (B) any spoiled provisional ballots;
        of provisional voters described in section 1(a)(2) of this chapter in the container described in section 3(c) of this chapter and mark on the container the number of provisional ballots contained.
    (b)
The inspector shall return the container containers with all the provisional ballots to the circuit court clerk after the close of the polls.
SOURCE: IC 3-11.7-6-3; (03)IN1541.1.37. -->     SECTION 37. IC 3-11.7-6-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) The county election board shall establish a toll free telephone number or an Internet web site that will enable a provisional voter to ascertain:
        (1) whether the provisional voter's ballots have been counted; and
        (2) if the provisional voter's ballots have not been counted, the reason that the ballots were not counted.
    (b) The county election board shall prescribe written

instructions that inform a provisional voter how the provisional voter may ascertain whether the provisional voter's ballots have been counted.

SOURCE: IC 5-26.5-2-5; (03)IN1541.1.38. -->     SECTION 38. IC 5-26.5-2-5 , AS ADDED BY P.L.273-2001, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. A program participant who is otherwise qualified to vote may apply to vote in the same manner as an absent uniformed services voter under provided in IC 3-11-4-6.
SOURCE: IC 3-7-26-19; IC 3-11-6.5.
; (03)IN1541.1.39. -->     SECTION 39. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2003]: IC 3-7-26-19 ; IC 3-11-6.5.
SOURCE: ; (03)IN1541.1.40. -->     SECTION 40. [EFFECTIVE JULY 1, 2003] (a) As used in this SECTION, "committee" refers to the state election administration interim study committee established by subsection (b).
    (b) There is established the state election administration interim study committee.
    (c) The committee shall do the following:
        (1) Study the structure of the state's election administration system.
        (2) Study other issues relating to the administration of state elections that the committee considers relevant.
        (3) Study any issues assigned to the committee by the legislative council.
        (4) Make recommendations for legislation regarding issues studied under subdivisions (1) through (3).
    (d) The committee shall operate under the policies governing study committees adopted by the legislative council.
    (e) The affirmative votes of a majority of the voting members appointed to the committee are required for the committee to take action on any measure, including final reports.
    (f) This SECTION expires January 1, 2004.

SOURCE: ; (03)IN1541.1.41. -->     SECTION 41. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "federal act" refers to the Help America Vote Act of 2002.
    (b) Not later than April 15, 2003, the governor, in consultation and coordination with the secretary of state, shall notify the federal Administrator of General Services that the state of Indiana intends to use payments under Section 101 of the federal act in accordance with Section 101 of the federal act.
    (c) This SECTION expires January 1, 2004.

SOURCE: ; (03)IN1541.1.42. -->     SECTION 42. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "federal act" refers to the Help America Vote Act of 2002.
    (b) Not later than April 15, 2003, the governor, in consultation and coordination with the secretary of state, shall give the notice to the federal Administrator of General Services under Section 102(b) of the federal act in accordance with Section 102 of the federal act.
    (c) This SECTION expires January 1, 2004.

SOURCE: ; (03)IN1541.1.43. -->     SECTION 43. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "federal act" refers to the Help America Vote Act of 2002.
    (b) Not later than July 1, 2003, the governor, in consultation and coordination with the co-directors of the election division appointed under IC 3-6-4.2-3 , shall file with the federal Election Assistance Commission the statement required by Section 253(a) of the federal act.
    (c) This SECTION expires January 1, 2004.

SOURCE: ; (03)IN1541.1.44. -->     SECTION 44. [EFFECTIVE JULY 1, 2003] (a) As used in this SECTION, "federal act" refers to the Help America Vote Act of 2002.
    (b) Notwithstanding IC 3-11-5-1 (c), as amended by this act, a voting machine system may be used in an election if the secretary of state certifies to the federal Administrator of General Services under Section 102(a)(3)(B) of the federal act that the state cannot replace all voting machine systems in Indiana before January 1, 2004.
    (c) Notwithstanding IC 3-11-7-1 (c), as amended by this act, a punch card voting system may be used in an election if the secretary of state certifies to the federal Administrator of General Services under Section 102(a)(3)(B) of the federal act that the state cannot replace all punch card voting systems in Indiana before January 1, 2004.
    (d) This SECTION expires January 1, 2006.

SOURCE: ; (03)IN1541.1.45. -->     SECTION 45. [EFFECTIVE JULY 1, 2003] (a) There is appropriated from the state general fund to the election administration fund established by IC 3-5-9-4 , as added by this act, one million five hundred eighty-seven thousand six hundred seventy-four dollars ($1,587,674) for the state fiscal year beginning July 1, 2003, to carry out the purposes of Title II, Subtitle D, Part 1 of the Help America Vote Act of 2002.
    (b) There is appropriated from the state general fund to the election administration fund established by IC 3-5-9-4 , as added by this act, one million one hundred thirty-four thousand fifty-two dollars ($1,134,052) for the state fiscal year beginning July 1, 2004,

to carry out the purposes of Title II, Subtitle D, Part 1 of the Help America Vote Act of 2002.
    (c) This SECTION expires July 1, 2005.

SOURCE: ; (03)IN1541.1.46. -->     SECTION 46. [EFFECTIVE JULY 1, 2003] (a) As used in this SECTION, "commission" refers to the Indiana protection and advocacy services commission established by IC 12-28-1-6.
    (b) As used in this SECTION, "federal act" refers to Title II, Subtitle D, Part 5 of the Help America Vote Act of 2002.
    (c) All money received by the commission from the Secretary of Health and Human Services under the federal act is appropriated beginning July 1, 2003, for activities permitted under the federal act to ensure full participation in the electoral process for individuals with disabilities, including registering to vote, casting a vote, and accessing polling places.
    (d) This SECTION expires July 1, 2005.

SOURCE: ; (03)IN1541.1.47. -->     SECTION 47. An emergency is declared for this act.