Citations Affected: IC 3-6; IC 3-11.
Synopsis: Polling place and voting machine accessibility. Requires
each county election board to conduct training and educational
meetings for precinct election officers. Requires the meeting to include
information related to making polling places and voting systems
accessible to elderly voters. Requires voting systems to meet
accessibility requirements not later than January 1, 2006. Establishes
standards for accessible facilities and accessible voting systems. Makes
technical changes.
Effective: July 1, 2003.
January 21, 2003, read first time and referred to Committee on Elections and Civic Affairs.
February 20, 2003, amended, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
SECTION 1. IC 3-6-6-40 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 40. (a) The county election board shall conduct a
training and educational meeting for precinct election officers.
(b) The board shall require inspectors and judges to attend the
meeting and may require other precinct election officers to attend
the meeting.
(c) The meeting required under this section must include
information related to making polling places and voting systems
accessible to elderly voters and disabled voters. The meeting may
include other information relating to the duties of precinct election
officers as determined by the county election board.
(d) The meeting required by this section must be held not later
than the day before election day.
SECTION 2. IC 3-11-6.5-0.5 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 federal Help America Vote Act of 2002.
SECTION 3. IC 3-11-8-1.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 1.2. (a) As used in this section, "facility" refers to the
facility in which a polling place is located.
(b) For purposes of this chapter, a facility is an "accessible
facility" for elderly voters and voters with disabilities only if the
following apply:
(1) The facility meets the standards for accessibility for
elderly voters and voters with disabilities established under 42
U.S.C. 1973ee through 42 U.S.C. 1973ee-6.
(2) All the following are accessible to elderly voters and voters
with disabilities in a manner that provides the same
opportunity for access and participation (including privacy
and independence) as for other voters:
(A) The path to the facility that an individual must travel
on the property where the facility is located.
(B) The entrances of the facility to be used by voters.
(C) The paths of travel within the facility to the rooms or
areas where the voting systems are located.
(D) The rooms or areas in the facility where the voting
systems are located.
(c) The requirements of subsection (b) are satisfied if a facility
will comply with subsection (b) by implementing temporary
measures.
SECTION 4. IC 3-11-8-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 2. A voter shall vote at the polls for
the precinct where the voter resides except when authorized to vote in
another precinct under IC 3-10-10, IC 3-10-11, IC 3-10-12, or at a
special voting poll under section 6 section 6.5 of this chapter.
SECTION 5. IC 3-11-8-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 3. (a) Before each election each
county executive shall secure for each precinct of the county a suitable
room an accessible facility in which to hold the election.
(b) If there is no suitable room an accessible facility is not
available within the precinct, then the polls may be located in a public
building in an adjoining precinct if the public building is:
(1) not more than one (1) mile from the closest boundary of the
precinct for which it is the polls; or
(2) located in the same township as the precinct that has no
suitable room does not have an accessible facility available; if
the polling place complies with accessibility requirements for
disabled voters under 42 U.S.C. 1973ee through 1973ee-6. and
(3) an accessible facility.
(c) If the county election board, by a unanimous vote of its entire
membership, determines that there is no suitable room an accessible
facility is not available under subsection (b), the board may locate the
polls in the most convenient available room accessible facility in the
county. that complies with the accessibility requirements for disabled
voters.
SECTION 6. IC 3-11-8-3.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3.1. (a) Except as
provided in subsection (b), a county executive shall designate the
polls for each precinct not less than twenty-nine (29) days before
election day.
(b) The designation of a polling place under this section remains in
effect until:
(1) the location of the polling place is altered by an order of the
county executive or county election board under this chapter; or
(2) a precinct establishment order issued under IC 3-11-1.5:
(A) designates a new polling place location; or
(B) combines the existing precinct with another precinct
established by the order.
(c) The county executive shall then file the report required by
section 6 6.5 of this chapter concerning polls that are inaccessible to
voters with disabilities.
SECTION 7. IC 3-11-8-3.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3.2. (a) A county
executive shall give ten (10) days notice of the place of voting in each
precinct by publication in the manner prescribed by IC 5-3-1-4. The
notice must include the following information:
(1) For each precinct, whether the polls are located in an
accessible facility.
(2) If special polling places are designated under section 6.5 of
this chapter:
(A) the location of each special polling place; and
(B) the procedures for elderly voters and voters with
disabilities to apply to vote at a special polling place.
(b) If it is necessary to change a place for voting after giving notice,
notice of the change shall be given in the same manner. However,
except as provided in subsection (b), no (c), a change may not be made
within two (2) days before an election.
(b) (c) If the county election board determines by a unanimous vote
of the board's entire membership that the use of a polling place at an
election would be dangerous or impossible, the county election board
may order the relocation of the polling place during the final two (2)
days before an election. The county election board shall give the best
possible notice of this change to news media and the voters of the
precinct. If an order is adopted under this subsection, the order
expires after the election.
SECTION 8. IC 3-11-8-4.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4.2. If there is one (1)
or more towns in a township that contains only one (1) precinct has a
town, the county executive shall locate the polls for the township at
a convenient location in the town. If the township has more than
one (1) town, the county executive shall locate the polls for the
township at a convenient location in the town that has the largest
population.
SECTION 9. IC 3-11-8-4.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4.3. If a precinct
contains less than two hundred fifty (250) active voters, the county
executive may locate the polls for the precinct at the polls for an
adjoining precinct, using the precinct election board of the adjoining
precinct.
SECTION 10. IC 3-11-8-6, AS AMENDED BY P.L.38-1999,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 6. (a) If possible, Except as provided in section
6.5 of this chapter, the county executive shall locate the polls for each
precinct in a an accessible facility. that meets the standards for
accessibility for voters with disabilities and elderly voters established
under 42 U.S.C. 1973ee through 1973ee-6. If the county executive
determines that no accessible facility is available in a precinct and that
no facility can be made temporarily accessible, the county executive
shall designate at least one (1) special voting poll in the county at least
twenty-nine (29) days before election day. A special voting poll must:
(1) be accessible to voters with disabilities and elderly voters
under federal law; and
(2) operate under all other requirements for precincts and polls
under this title.
(b) The county executive shall:
(1) provide public notice; and
(2) file a report;
listing each inaccessible precinct and each special voting poll in the
county with the election division at least twenty-nine (29) days before
election day. The list shall be available to any person upon request.
(c) A precinct poll may also be used as a special voting poll for the
county if the precinct poll meets the standards for accessibility by
voters with disabilities and elderly voters established under federal law.
(d) The county election board shall assign a special voting poll to a
voter with disabilities or elderly voter:
(1) whose regular precinct poll is inaccessible to voters with
disabilities or elderly voters; and
(2) who submits an application on a form prescribed by the
commission at least ten (10) days before election day.
(e) Applications may be submitted under subsection (d)(2):
(1) in person at the principal office of the county election board;
or
(2) by mail.
(f) The precinct election board at a special voting poll shall do the
following:
(1) Provide each voter with disabilities or elderly voter assigned
under subsection (d) a ballot that includes all offices and public
questions to be voted for in the voter's precinct of residence.
(2) Prepare a separate poll list for the voters with disabilities and
elderly voters assigned to the special voting poll.
(g) Votes cast at a special voting poll shall be counted and reported
in the same manner as votes cast at a precinct under this title.
SECTION 11. IC 3-11-8-6.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 6.5. (a) Not later than twenty-nine (29) days before
election day, the county executive shall file a report with the
co-directors of the election division listing each precinct of the
county for which the county executive was unable to secure an
accessible facility for election day. The report must include any
other information required by the co-directors.
(b) If the co-directors determine that there are no accessible
facilities the county executive can secure for a precinct polling
place, the co-directors shall authorize the county executive to
designate at least one (1) special polling place in the county.
(c) A special polling place must:
(1) be located in an accessible facility; and
(2) operate under all other requirements for precincts and
polls under this title.
(d) A precinct polling place located in an accessible facility may
be used as a special polling place for the county under subsection
(c).
(e) The circuit court clerk shall assign a special polling place to
an elderly voter or a voter with disabilities:
(1) whose regular precinct polling place is not located in an
accessible facility; and
(2) who submits an application on a form prescribed by the
commission not later than ten (10) days before election day.
Applications may be submitted under subdivision (2) by mail or in
person at the circuit court clerk's office.
(f) The precinct election board at a special polling place shall do
the following:
(1) Provide each elderly voter or voter with disabilities
assigned to the special polling place under subsection (e) a
ballot that includes all offices and public questions to be voted
for in the voter's precinct of residence.
(2) Prepare a separate poll list for the elderly voters and the
voters with disabilities assigned to the special polling place.
(g) Votes cast at a special polling place shall be counted and
reported in the same manner as votes cast at a precinct under this
title.
SECTION 12. 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) After December 31, 2005, the voting method used in each
polling place must include a voting system that is 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 polling place 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 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)(2). 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)(2).