Introduced Version






SENATE BILL No. 334

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 3-14.

Synopsis: Penalties for election law crimes. Changes the classification of certain crimes relating to elections from a Class D felony to a Class C felony.

Effective: July 1, 2004.





Mrvan




    January 12, 2004, read first time and referred to Committee on Criminal, Civil and Public Policy.







Introduced

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.

SENATE BILL No. 334



    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 3-14-2-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 9. A person who knowingly votes or offers to vote at an election when the person is not registered or authorized to vote commits a Class D Class C felony.
    SECTION 2. IC 3-14-2-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 11. Except as provided by IC 3-10-10, IC 3-10-11, or IC 3-10-12, a person who knowingly votes or offers to vote in a precinct except the one in which the person is registered and resides commits a Class D Class C felony.
    SECTION 3. IC 3-14-2-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 13. A person who knowingly hires or solicits another person:
        (1) to come into Indiana; or
        (2) to go from one precinct into another precinct;
for the purpose of voting at an election when the person hired or solicited is not a voter in Indiana or the precinct commits a Class D Class C felony.


    SECTION 4. IC 3-14-2-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 14. A precinct election officer or public official upon whom a duty is imposed by this title who knowingly:
        (1) allows a person to vote who is not entitled to vote; or
        (2) allows a person to vote by use of an unauthorized procedure;
commits a Class D Class C felony.
    SECTION 5. IC 3-14-2-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 15. A member of the commission, an employee of the commission, or a member of a county election board who knowingly delivers a ballot to a person except in the manner prescribed by this title commits a Class D Class C felony.
    SECTION 6. IC 3-14-2-16, AS AMENDED BY P.L.38-1999, SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 16. A person who knowingly does any of the following commits a Class D Class C felony:
        (1) Applies for or receives a ballot in a precinct other than that precinct in which the person is entitled to vote.
        (2) Except when receiving assistance under IC 3-11-9, shows a ballot after it is marked to another person in such a way as to reveal the contents of it or the name of a candidate for whom the person has voted.
        (3) Except when offering assistance requested by a voter in accordance with IC 3-11-9, examines a ballot that a voter has prepared for voting or solicits the voter to show the ballot.
        (4) Receives from a voter a ballot prepared by the voter for voting, except:
            (A) the inspector;
            (B) a member of the precinct election board temporarily acting for the inspector;
            (C) a member of a county election board or an absentee voter board acting under IC 3-11-10; or
            (D) a member of the voter's household or an individual designated as attorney in fact for the voter, when delivering an envelope containing an absentee ballot under IC 3-11-10-1.
        (5) Receives a ballot from a person other than one of the poll clerks or authorized assistant poll clerks.
        (6) Delivers a ballot to a voter to be voted, unless the person is:
            (A) a poll clerk or authorized assistant poll clerk; or
            (B) a member of a county election board or an absentee voter board acting under IC 3-11-10.
        (7) Delivers a ballot (other than an absentee ballot) to an inspector

that is not the ballot the voter receives from the poll clerk or assistant poll clerk.
        (8) Delivers an absentee ballot to a team of absentee ballot counters appointed under IC 3-11.5-4-22, a county election board, a circuit court clerk, or an absentee voting board under IC 3-11-10 that is not the ballot cast by the absentee voter.
    SECTION 7. IC 3-14-2-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 17. A voter at an election who knowingly writes or places on a ballot a name, sign, or device as a distinguishing mark by which to indicate to any other person how the voter has voted commits a Class D Class C felony.
    SECTION 8. IC 3-14-2-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 20. A person who knowingly:
        (1) deceives a voter in registering the voter's vote under IC 3-11-8; or
        (2) registers a voter's vote in a way other than as requested by the voter;
commits a Class D Class C felony.
    SECTION 9. IC 3-14-2-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 21. A person who fraudulently causes a voter at an election to vote for a person different from the one the voter intended to vote for or on a public question different from the vote the voter intended to cast commits a Class D Class C felony.
    SECTION 10. IC 3-14-2-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 22. A person who knowingly furnishes a voter who cannot read the English language with a ballot at an election that the person represents to the voter as containing a name different from the one printed or written on it commits a Class D Class C felony.
    SECTION 11. IC 3-14-2-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 23. A person entrusted with the custody of ballots who knowingly:
        (1) opens a package in which the ballots are contained;
        (2) destroys a ballot; or
        (3) delivers such a package or ballot to a person not entitled to receive it;
commits a Class D Class C felony.
    SECTION 12. IC 3-14-2-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 24. A person who:
        (1) takes a ballot legally deposited out of a ballot box for the

purpose of destroying it or substituting another in its place;
        (2) destroys or misplaces a ballot with the intent to substitute another ballot for it or with the intent to prevent it from being counted; or
        (3) knowingly enters upon the poll books the name of a person who has not legally voted or knowingly tallies a vote for a candidate or on a public question not voted for by the ballot;
commits a Class D Class C felony.
    SECTION 13. IC 3-14-2-25 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 25. A member of a precinct election board or county election board, a person employed at the central counting headquarters, or a person charged with a duty in connection with an election or entrusted with the custody or control of a ballot either before or after voting who marks or defaces a ballot for the purpose of:
        (1) identifying the ballot (except by numbering protested ballots for future reference as provided by law); or
        (2) vitiating the ballot;
commits a Class D Class C felony.
    SECTION 14. IC 3-14-2-26 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 26. A person who:
        (1) during the progress of an election or within the time for preparation required under this title, knowingly breaks open or violates the seal or lock of a ballot box, envelope, container, or bag in which ballots have been deposited;
        (2) knowingly obtains a ballot box, envelope, container, or bag that contains ballots and cancels, withholds, or destroys a ballot;
        (3) knowingly increases or decreases the number of ballots legally deposited in a ballot box, envelope, container, or bag; or
        (4) knowingly makes a fraudulent erasure or alteration on a tally sheet, poll book, list of voters, or election return deposited in a ballot box, envelope, or bag;
commits a Class D Class C felony.
    SECTION 15. IC 3-14-2-27, AS AMENDED BY P.L.126-2002, SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 27. A precinct election officer at the close of the polls, an absentee ballot counter acting under IC 3-11.5-5 or IC 3-11.5-6, or a provisional ballot counter acting under IC 3-11.7-5 who knowingly:
        (1) causes the vote to be incorrectly taken down for a candidate or public question; or
        (2) makes a false statement, certificate, or return of any kind of

that vote;
commits a Class D Class C felony.
    SECTION 16. IC 3-14-2-28 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 28. A person who:
        (1) with intent to defraud, alters an election return;
        (2) knowingly destroys, misplaces, or loses a poll book or tally sheet; or
        (3) with intent to defraud, alters the vote of a candidate or on a public question as returned by the county election board or its employees;
commits a Class D Class C felony.
    SECTION 17. IC 3-14-3-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 17. A member of a precinct election board, a precinct election officer, or a member of an absentee voter board who knowingly induces or persuades a voter to vote for a candidate or for or against a public question while acting as a board member or precinct election officer commits a Class D Class C felony.
    SECTION 18. IC 3-14-3-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 19. A person who, for the purpose of inducing or procuring another person to vote or refrain from voting for or against a candidate or for or against a public question at an election or political convention, gives, offers, or promises to any person any money or other property commits a Class D Class C felony.
    SECTION 19. IC 3-14-3-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 20. A person who, for the purpose of inducing or procuring a voter to vote or refrain from voting for or against a candidate or for or against a public question at an election or political convention, receives, accepts, requests, or solicits from any person any money or other property commits a Class D Class C felony.
    SECTION 20. IC 3-14-4-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. An inspector, or person acting in the inspector's behalf, who knowingly deposits:
        (1) a ballot upon which the initials of the poll clerks or authorized assistant poll clerks do not appear; or
        (2) a ballot on which appears externally a distinguishing mark or defacement;
commits a Class D Class C felony.
    SECTION 21. IC 3-14-4-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 7. A member of a

precinct election board or a person otherwise entitled to the inspection of the ballots who knowingly:
        (1) reveals to another person how a voter has voted; or
        (2) gives information concerning the appearance of any ballot voted;
commits a Class D Class C felony.
    SECTION 22. IC 3-14-4-8, AS AMENDED BY P.L.126-2002, SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 8. A member of a precinct election board, an absentee ballot counter appointed under IC 3-11.5-4-22, or a provisional ballot counter appointed under IC 3-11.7-3 who knowingly:
        (1) opens or marks, by folding or otherwise, a ballot presented by a voter, except as provided by law; or
        (2) tries to find out how the voter voted before the ballot is deposited in the ballot box or cast on a voting machine, ballot card voting system, or electronic voting system or counted by the absentee ballot counter;
commits a Class D Class C felony.
    SECTION 23. IC 3-14-4-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 10. A person who knowingly violates:
        (1) IC 3-11.5-5;
        (2) IC 3-11.5-6;
        (3) IC 3-12-2-1;
        (4) IC 3-12-2.5-9;
        (5) IC 3-12-3-14; or
        (6) IC 3-12-3.5-7;
by providing any other person with information concerning the number of votes a candidate received for an office or cast to approve or reject a public question on absentee ballots counted under IC 3-11.5-5, IC 3-11.5-6, or IC 3-12 before the closing of the polls commits a Class D Class C felony.
    SECTION 24. [EFFECTIVE JULY 1, 2004] The amendments to IC 3-14 by this act apply only to crimes committed after June 30, 2004.