Citations Affected: IC 3-10.
Synopsis: Retention of election materials. Makes election materials
available to the public following an election after expiration of the
period for filing a petition or cross-petition for a recount of votes or to
contest the election. Requires a county voter registration office to keep
confidential that part of election material necessary to protect the
secrecy of a voter's ballot.
Effective: Upon passage.
January 7, 2003, read first time and referred to Committee on Elections and Civic Affairs.
February 3, 2003, amended, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
SECTION 1. IC 3-10-1-31, AS AMENDED BY P.L.199-2001,
SECTION 19, 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 making returns.
(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 or
cross-petition for a recount of votes or to contest the election.
Except as provided in subsection (c), after the recount or contest
filing period, the election material (except for 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 they may be
destroyed the sealed ballots and other material are subject to
IC 5-15-6 unless:
(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 remains 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; or
(2) a transfer of registration conducted under IC 3-7-39,
IC 3-7-40, IC 3-7-42;
(3) a change of name made under IC 3-7-41; or
(4) adding the registration of a voter under IC 3-7-48-8;
the clerk or board county voter registration office may inspect the
poll lists and update the registration record of the county. The clerk or
board 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 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 part 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)
or (c), 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.
SECTION 2. An emergency is declared for this act.