Citations Affected: IC 3-10-1-31.
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.
November 18, 2003, read first time and referred to Committee on Elections and Civic
Affairs.
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
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.