February 20, 2004





ENGROSSED

SENATE BILL No. 37

_____


DIGEST OF SB 37 (Updated February 19, 2004 9:46 am - DI 75)



Citations Affected: IC 3-10.

Synopsis: Retention of election materials. Makes available to the public election material required to be retained 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.





Landske, Craycraft
(HOUSE SPONSORS _ KUZMAN, LEHE)




    November 18, 2003, read first time and referred to Committee on Elections and Civic Affairs.
    January 26, 2004, reported favorably _ Do Pass.
    February 2, 2004, read second time, ordered engrossed. Engrossed.
    February 3, 2004, read third time, passed. Yeas 48, nays 0.

HOUSE ACTION

    February 5, 2004, read first time and referred to Committee on Elections and Apportionment.
    February 19, 2004, reported _ Do Pass.






February 20, 2004

Second Regular Session 113th General Assembly (2004)


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 2003 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 37



    A BILL FOR AN ACT to amend the Indiana Code concerning elections.

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

    SECTION 1. IC 3-10-1-31, AS AMENDED BY P.L.209-2003, SECTION 101, 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 an order issued under:
        (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)
This subsection applies before January 1, 2006. Upon delivery of the poll lists, the the 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;
        (3) a change of name made under IC 3-7-41;
        (4)
adding the registration of a voter under IC 3-7-48-8; or
        (4) (5) recording that a voter subject to IC 3-7-33-4.5 submitted the documentation required under 42 U.S.C. 15843 15483 and IC 3-11-8 or IC 3-11-10;
the county voter registration office may inspect the poll lists and update the registration record of the county. The county voter registration office 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) for the time period prescribed by subsection subsections (b) and (c).
    (d) (e) This subsection applies after December 31, 2005. Upon delivery of the poll lists, the county voter registration office may unseal the envelopes containing the poll lists. For 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, or 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 county voter registration office may inspect the poll lists and update the registration record of the county. The county voter registration office shall use the poll lists to update the registration record to include

the voter's current voter identification number if the voter's voter identification number is not 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) for the time period prescribed by subsection subsections (b) and (c).
    (f) 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.
    (e) (g) 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.