SB 132-2_ Filed 02/02/2004, 10:01 Lawson C
SENATE MOTION
MADAM PRESIDENT:
I move
that Senate Bill 132 be amended to read as follows:
SOURCE: Page 1, line 1; (04)MO013202.1. -->
Page 1, delete lines 1 through 17, begin a new paragraph and insert:
SOURCE: IC 3-11-4-2; (04)MO013202.1. -->
"SECTION 1. IC 3-11-4-2, AS AMENDED BY P.L.126-2002,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) A voter who wants to vote by absentee
ballot must apply to the county election board for an official absentee
ballot.
Except as provided in subsection (b), the voter must sign the
absentee ballot application.
(b)
If a voter with disabilities is unable to sign the absentee
ballot application and the voter has not designated an individual
to serve as attorney in fact for the voter, the county election
board may designate an individual to sign the application on behalf
of the voter. If an individual applies for an absentee ballot as the
properly authorized attorney in fact for a voter, the attorney in fact
must attach a copy of the power of attorney to the application.
(c) A person may not provide an individual with an application
for an absentee ballot with the following information already
printed or otherwise set forth on the application when provided to
the individual:
(1) The name of the individual.
(2) The registration address of the individual.
(3) The mailing address of the individual.
(4) The date of birth of the individual.
(5) The voter identification number of the individual.
(6) The address to which the absentee ballot would be mailed,
if different from the voter registration address of the
individual.
(7) In a primary election, the major political party ballot
requested by the individual.
(8) In a primary or general election, the types of absentee
ballots requested by the individual.
(9) The reason why the individual is entitled to vote an
absentee ballot:
(A) by mail; or
(B) before an absentee voter board (other than an
absentee voter board located in the office of the circuit
court clerk or a satellite office);
in accordance with IC 3-11-4-18, IC 3-11-10-24, or
IC 3-11-10-25.
(d) If the county election board determines that an absentee
ballot application does not comply with subsection (c), the board
shall deny the application under section 17.5 of this chapter.
(e) A person who assists an individual in completing an
absentee ballot application shall state the following information on
the application:
(1) The full name, residence and mailing address, and
daytime and evening telephone numbers (if any) of the
individual submitting the application.
(2) The date and location at which this assistance was
provided.
(3) That the individual providing the assistance has complied
with the Indiana laws governing the submission of absentee
ballot applications.
(4) That the individual has no knowledge or reason to believe
that the individual submitting the application:
(A) is ineligible to vote or ineligible to cast an absentee
ballot; or
(B) did not properly complete and sign the application.
(f) A person who receives a completed absentee ballot
application from the individual who has applied for the absentee
ballot shall file the application with the appropriate county
election board not later than:
(1) noon seven (7) days after the individual receives the
application; or
(2) the deadline set by Indiana law for filing the application
with the board;
whichever occurs first.
(g) An individual filing an absentee ballot application received
from another individual under subsection (e) must sign an
affidavit at the time of filing the application. The affidavit must be
in a form prescribed by the commission. The form must include
the following:
(1) A statement of the full name, residence and mailing
address, and daytime and evening telephone numbers (if any)
of the individual submitting the application.
(2) A statement of:
(A) the date the absentee ballot application was executed;
and
(B) the location where the absentee ballot application was
executed.
(3) A statement that the individual filing the affidavit has
complied with the Indiana laws governing the submission of
absentee ballot applications.
(4) A statement that the individual has no knowledge or
reason to believe that the individual whose application is to
be filed:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(5) A statement that the individual is executing the affidavit
under the penalties of perjury.
(6) A statement setting forth the penalties for perjury.
(h) The county election board shall record the date and time of
the filing of the affidavit and provide the individual with a file
stamped copy of the affidavit without collecting any copying fee.
SOURCE: IC 3-11-4-5.1; (04)MO013202.2. -->
SECTION 2. IC 3-11-4-5.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5.1. (a) The
commission shall prescribe the form of an application for an absentee
ballot.
(b) This subsection does not apply to the form for an absentee
ballot application to be submitted by an absent uniformed services
voter or overseas voter that contains a standardized oath for those
voters. The form of the application for an absentee ballot must:
(1) require the applicant to swear to or affirm under the
penalties of perjury that all of the information set forth on
the application is true to the best of the applicant's
knowledge and belief;
(2) require a person who assisted with the completion of the
application to swear to or affirm under the penalties of
perjury the statements set forth in section 2(e) of this
chapter; and
(3) set forth the penalties for perjury.
(c) The form prescribed by the commission shall require that a voter
who:
(1) requests an absentee ballot; and
(2) is eligible to vote in the precinct under IC 3-10-11 or
IC 3-10-12;
must include the affidavit required by IC 3-10-11 or a written
affirmation described in IC 3-10-12.
(d) The form prescribed by the commission must require that
a voter who requests an absentee ballot to vote by mail must state
a specific reason on the application to set forth the basis for the
voter's reasonable expectation of being absent from the county on
election day during the entire twelve (12) hours that the polls are
open.
SOURCE: IC 3-11-4-17.5; (04)MO013202.3. -->
SECTION 3. IC 3-11-4-17.5, AS AMENDED BY P.L.209-2003,
SECTION 114, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 17.5. (a) Upon receiving an application for an
absentee ballot, the county election board
(or the absentee voter
board in the office of the circuit court clerk) shall determine if:
(1) the applicant is a voter of the precinct in which the applicant
resides, according to the records of the county voter registration
office;
(2) the information set forth on the application appears to be
true; and
(3) the application has been completed and filed in
accordance with Indiana and federal law.
If the members of the absentee voter board are unable to agree
about any of the determinations described in subdivisions (1)
through (3), the issue shall be referred to the county election
board for determination.
(b) If:
(1) the applicant is not a voter of the precinct according to the
registration record; or
if
(2) the application as completed and filed:
(A) contains a false statement; or
(B) does not otherwise comply with
this chapter), Indiana or
federal law;
as alleged under section 18.5 of this chapter, the county election
board shall deny the application.
(b) (c) This subsection applies
after December 31, 2003, to an
absentee ballot application submitted by an absent uniformed services
voter or an overseas voter. In accordance with 42 U.S.C. 1973ff-1(d),
if the application is denied, the county election board shall provide the
voter with the reasons for the denial of the application. Unless the voter
is present when the board denies the application, the board shall send a
written notice stating the reasons for the denial to the voter. The notice
must be sent:
(1) not later than forty-eight (48) hours after the application is
denied; and
(2) to the voter at the address at which the voter requested that
the absentee ballot be mailed.
(c) This subsection applies after December 31, 2003. (d) If the
county election board determines that the applicant is a voter of the
precinct under subsection (a), the board shall then determine whether:
(1) the applicant was required to file any additional documentation
under IC 3-7-33-4.5; and
(2) the applicant has filed this documentation according to the
records of the county voter registration office.
If the applicant has not filed the required documentation, the county
election board shall approve the application if the application otherwise
complies with this chapter. The board shall add a notation to the
application and to the record compiled under section 17 of this chapter
indicating that the applicant will be required to provide additional
documentation to the county voter registration office under
IC 3-7-33-4.5 before the absentee ballot may be counted.
(d) (e) If the applicant:
(1) is a voter of the precinct according to the registration record;
(2) states on the application that the applicant resides at an address
that is within the same precinct but is not the same address shown
on the registration record; and
(3) after December 31, 2005, provides a voter identification
number on the application to permit transfer of registration under
IC 3-7-13-13;
the county election board shall direct the county voter registration office
to transfer the applicant's voter registration address to the address
within the precinct shown on the application. The applicant's application
for an absentee ballot shall be approved if the applicant is otherwise
eligible to receive the ballot under this chapter.
SOURCE: IC 3-11-4-18; (04)MO013202.4. -->
SECTION 4. IC 3-11-4-18, AS AMENDED BY P.L.209-2003,
SECTION 116, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 18. (a) If a voter satisfies any of the
following,
qualifications described in IC 3-11-10-24 that entitle a voter to
cast an absentee ballot by mail, the county election board shall, at the
request of the voter, mail the official ballot, postage fully prepaid, to the
voter at the address stated in the application.
(1) The voter will be absent from the county on election day.
(2) The voter will be absent from the precinct of the voter's
residence on election day because of service as:
(A) a precinct election officer under IC 3-6-6;
(B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
(C) a challenger or pollbook holder under IC 3-6-7; or
(D) a person employed by an election board to administer the
election for which the absentee ballot is requested.
(3) The voter will be confined on election day to the voter's
residence, to a health care facility, or to a hospital because of an
illness or injury.
(4) The voter is a voter with disabilities.
(5) The voter is an elderly voter.
(6) The voter is prevented from voting due to the voter's care of
an individual confined to a private residence because of illness or
injury.
(7) The voter is scheduled to work at the person's regular place of
employment during the entire twelve (12) hours that the polls are
open.
(8) The voter is eligible to vote under IC 3-10-11 or IC 3-10-12.
(b) This subsection applies after December 31, 2003. If the county
election board mails an absentee ballot to a voter required to file
additional documentation with the county voter registration office
before voting by absentee ballot under this chapter, the board shall
include a notice to the voter in the envelope mailed to the voter under
section 20 of this chapter. The notice must inform the voter that the
voter must file the additional documentation required under
IC 3-7-33-4.5 with the county voter registration office not later than
noon on election day for the absentee ballot to be counted. The
commission shall prescribe the form of this notice under IC 3-5-4-8.
(c) Except as provided in section 18.5 of this chapter, the ballot
shall be mailed:
(1) on the day of the receipt of the voter's application; or
(2) not more than five (5) days after the date of delivery of the
ballots under section 15 of this chapter;
whichever is later.
(d) In addition to the ballot mailed under subsection (c), the county
election board shall mail a special absentee ballot for overseas voters.
(e) Except as provided in section 18.5 of this chapter, the ballot
described in subsection (d):
(1) must be mailed:
(A) on the day of the receipt of the voter's application; or
(B) not more than five (5) days after the date of delivery of the
ballots under section 13(b) of this chapter;
whichever is later; and
(2) may not be mailed after the absentee ballots described by
section 13(a) of this chapter have been delivered to the circuit
court clerk or the clerk's authorized deputy.
(f) This subsection applies after December 31, 2005. As required by
42 U.S.C. 15481, an election board must shall establish a voter
education program (specific to a paper ballot or optical scan ballot card
provided as an absentee ballot under this chapter) to notify a voter of
the effect of casting multiple ballots for a single office.
(g) This subsection applies after December 31, 2005. As provided
by 42 U.S.C. 15481, when an absentee ballot is mailed under this
section, the mailing must include:
(1) information concerning the effect of casting multiple votes for
an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots.
SOURCE: IC 3-11-4-18.5; (04)MO013202.5. -->
SECTION 5. IC 3-11-4-18.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 18.5. (a) Upon receipt of an absentee ballot
application, a member of the county election board or a member
of an absentee voter board may file an affidavit with the county
election board alleging that the application:
(1) is not submitted by a voter of the precinct;
(2) contains a false statement; or
(3) has not been executed or filed in accordance with Indiana
or federal law.
(b) The affidavit must be in a form prescribed by the
commission and state the following:
(1) The name and title of the individual filing the affidavit.
(2) A brief statement of the facts known or believed by the
individual regarding why:
(A) the applicant is not a voter of the precinct;
(B) the application contains a false statement; or
(C) the application has not been executed or filed in
accordance with Indiana or federal law.
(3) That the individual is executing the affidavit under the
penalties of perjury.
(4) The penalties for perjury.
(c) Upon the filing of the affidavit, the approval or denial of the
application shall be referred to the county election board, which
shall promptly conduct a hearing on the matter.
(d) The county election board may act under IC 3-6-5-31 to
refer the matter to the appropriate prosecuting attorney.
SOURCE: IC 3-11-4-21; (04)MO013202.6. -->
SECTION 6. IC 3-11-4-21, AS AMENDED BY P.L.209-2003,
SECTION 117, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 21. (a) On the other side of the envelope
required by section 20 of this chapter shall be printed an affidavit in
conformity with 42 U.S.C. 1973ff-1(b), providing that the voter affirms
under penalty of perjury that the following information is true:
(1) The name of the precinct and township (or ward and city or
town).
(2) That the voter is:
(A) a resident of; or
(B) entitled under IC 3-10-11 or IC 3-10-12 to vote in;
the precinct.
(3) The voter's complete residence address, including the name of
the city or town and county.
(4) That the voter is entitled to vote in the precinct, the type of
election to be held, and the date of the election.
(5) That:
(A) the voter has personally marked the enclosed ballot or
ballots in secret and has enclosed them in this envelope and
sealed them without exhibiting them to any other person;
(B) the voter personally marked the enclosed ballot or ballots,
enclosed them in this envelope, and sealed them with the
assistance of an individual whose name is listed on the envelope
and who affirms under penalty of perjury that the voter was
not coerced or improperly influenced by the individual assisting
the voter or any other person, in a manner prohibited by state
or federal law, to cast the ballot for or against any candidate,
political party, or public question; or
(C) as the properly authorized attorney in fact for the
undersigned under IC 30-5-5-14, the attorney in fact affirms
the voter personally marked the enclosed ballot or ballots in
secret and enclosed them in this envelope and sealed them
without exhibiting them to the attorney in fact or to any other
person.
(6) The date and the voter's signature.
(b) If the affidavit is signed by an attorney in fact, the name of the
attorney in fact must be indicated.
(c) A guardian or conservator of an individual may not sign an
affidavit for the individual under this section unless the guardian or
conservator also holds a power of attorney authorizing the guardian or
conservator to sign the affidavit.
(d) The side of the envelope containing this affidavit must also
set forth the penalties for perjury.
SOURCE: IC 3-11-10-2; (04)MO013202.7. -->
SECTION 7. IC 3-11-10-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A voter voting
by absentee ballot may mark a ballot with a pen or a lead pencil.
(b) A person may not engage in electioneering (as defined by
IC 3-14-3-16) in the presence of a voter whom the person knows
possesses an absentee ballot provided to the voter in accordance
with Indiana law.
SOURCE: IC 3-11-10-24; (04)MO013202.8. -->
SECTION 8. IC 3-11-10-24, AS AMENDED BY P.L.126-2002,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 24. (a) Except as provided in subsection (b),
a voter who satisfies any of the following is entitled to vote by mail:
(1) The voter will be has a specific, reasonable expectation of
being absent from the county on election day during the twelve
(12) hours that the polls are open and requests that the
absentee ballot be mailed to an address that is not located
within the county where the voter resides.
(2) The voter will be absent from the precinct of the voter's
residence on election day because of service as:
(A) a precinct election officer under IC 3-6-6;
(B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
(C) a challenger or pollbook holder under IC 3-6-7; or
(D) a person employed by an election board to administer the
election for which the absentee ballot is requested.
(3) The voter will be confined on election day to the voter's
residence, to a health care facility, or to a hospital because of an
illness or injury during the twelve (12) hours that the polls are
open.
(4) The voter is a voter with disabilities.
(5) The voter is an elderly voter.
(6) The voter is prevented from voting due to the voter's care of
an individual confined to a private residence because of illness or
injury during the twelve (12) hours that the polls are open.
(7) The voter is scheduled to work at the person's regular place of
employment during the entire twelve (12) hours that the polls are
open.
(8) The voter is eligible to vote under IC 3-10-11 or IC 3-10-12.
(9) The voter is prevented from voting due to observance of
a religious discipline or religious holiday during the twelve
(12) hours that the polls are open.
(b) A voter with disabilities who:
(1) is unable to make a voting mark on the ballot or sign the
absentee ballot secrecy envelope; and
(2) requests that the absentee ballot be delivered to an address
within Indiana;
must vote before an absentee voter board under section 25(b) of this
chapter.
(c) If a voter receives an absentee ballot by mail, the voter
shall personally mark the ballot in secret and seal the marked
ballot inside the envelope provided by the county election board
for that purpose. The voter shall then deposit the sealed envelope
in the United States mail for delivery to the county election board
or may authorize a member of the voter's household or the
individual designated as the voter's attorney in fact to deposit the
envelope in the United States mail or deliver the sealed envelope
in person to the county election board.
(d) If a member of the voter's household or the voter's
attorney in fact delivers the sealed envelope containing a voter's
absentee ballot to the county election board, the individual
delivering the ballot shall complete an affidavit in a form
prescribed by the commission. The affidavit must contain the
following information:
(1) The name and residence address of the voter whose
absentee ballot is being delivered.
(2) A statement of the full name, residence and mailing
address, and daytime and evening telephone numbers (if any)
of the individual delivering the absentee ballot.
(3) A statement indicating whether the individual is a
member of the voter's household or is the attorney in fact
for the voter. If the individual is the attorney in fact for the
voter, the individual must attach a copy of the power of
attorney for the voter, unless a copy of this document has
already been filed with the county election board.
(4) The date and location at which the absentee ballot was
delivered by the voter to the individual delivering the ballot
to the county election board.
(5) A statement that the individual delivering the absentee
ballot has complied with Indiana laws governing absentee
ballots.
(6) A statement that the individual is executing the affidavit
under the penalties of perjury.
(7) A statement setting forth the penalties for perjury.
(e) The county election board shall record the date and time
that the affidavit under subsection (d) was filed with the board.
(f) After a voter has mailed or delivered an absentee ballot to the
office of the circuit court clerk, the voter may not recast a ballot,
except as provided in:
(1) section 1.5 of this chapter; or
(2) section 33 of this chapter.
SOURCE: IC 3-11-10-25; (04)MO013202.9. -->
SECTION 9. IC 3-11-10-25, AS AMENDED BY P.L.209-2003,
SECTION 146, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 25. (a) A voter who votes by absentee ballot
because of:
(1) illness or injury; or
(2) caring for a confined person at a private residence;
and who is within the county on election day may vote before an
absentee voter board or by mail.
(b) If requested by a voter described in subsection (a) or by a voter
with disabilities whose precinct is not accessible to voters with
disabilities, an absentee voter board shall visit the voter's place of
confinement, the residence of the voter with disabilities, or the private
residence:
(1) during the regular office hours of the circuit court clerk;
(2) at a time agreed to by the board and the voter;
(3) on any of the twelve (12) days immediately before election
day; and
(4) only once before an election, unless:
(A) the confined voter is unavailable at the time of the board's
first visit due to a medical emergency; or
(B) the board, in its discretion, decides to make an additional
visit.
(c) This subsection applies to a voter confined due to illness or
injury. An absentee voter board may not be denied access to the voter's
place of confinement if the board is present at the place of confinement
at a time:
(1) agreed to by the board and the voter; and
(2) during the regular office hours of the circuit court clerk. A
person who knowingly violates this subsection commits
obstruction or interference with an election officer in the
discharge of the officer's duty, a violation of IC 3-14-3-4.
(d) The county election board, by unanimous vote of the board's
entire membership, may authorize an absentee voter board to visit a
voter who is confined due to illness or injury and will be outside of the
county on election day in accordance with the procedures set forth in
subsection (b).
(e) This subsection applies after December 31, 2005. As provided
by 42 U.S.C. 15481, a voter casting an absentee ballot under this
section must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct
any error in a private and independent manner before the ballot is
cast and counted, including the opportunity to receive a
replacement ballot if the voter is otherwise unable to change or
correct the ballot; and
(3) notified before the ballot is cast regarding the effect of casting
multiple votes for the office and provided an opportunity to
correct the ballot before the ballot is cast and counted.
(f) This subsection applies after December 31, 2005. As provided by
42 U.S.C. 15481, when an absentee ballot is provided under this
section, the board must also provide the voter with:
(1) information concerning the effect of casting multiple votes for
an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots.
(g) This subsection applies to a voter who applies to vote an
absentee ballot by mail. The county election board shall include a
copy of the Absentee Voter's Bill of Rights with any absentee
ballot mailed to the voter. The Absentee Voter's Bill of Rights
must be in a form prescribed by the commission and include the
following:
(1) A statement summarizing the rights and responsibilities
of the voter when casting and returning the absentee ballot.
(2) A summary of Indiana and federal laws concerning
providing assistance to the voter, completion of the ballot in
secret, the intimidation of voters, and the return of the
absentee ballot to the county election board.
(3) Information concerning how to report violations of the
absentee ballot and election laws.
SOURCE: IC 3-14-1-2.5; (04)MO013202.10. -->
SECTION 10. IC 3-14-1-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 2.5. (a) This section does not apply to an
individual subject to 2 U.S.C. 441h.
(b) An individual who:
(1) is:
(A) a candidate; or
(B) an employee or agent of a candidate; and
(2) knowingly misrepresents:
(A) the individual; or
(B) an organization under the control of the individual;
as speaking, writing, or otherwise acting for or on behalf of
another candidate, another political party, an employee or
agent of another candidate, or an employee or agent of
another political party on a matter that is damaging to the
other candidate, the other political party, or to an employee
or agent of the other candidate or an employee or agent of
the other political party;
commits a Class A misdemeanor.
SOURCE: IC 3-14-2-1; (04)MO013202.11. -->
SECTION 11. IC 3-14-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. A person who
recklessly writes the name of a voter on an affidavit of registration
without being personally acquainted with the voter and knowing the
voter to be the person who the voter represents the voter to be commits
a Class A misdemeanor. knowingly does any of the following
commits a Class D felony:
(1) Conspires with an individual for the purpose of
encouraging the individual to submit a false application for
registration.
(2) Conspires with an individual for the purpose of
encouraging the individual to vote illegally.
(3) Pays or offers to pay an individual for doing any of the
following:
(A) Applying for an absentee ballot.
(B) Casting an absentee ballot.
(C) Registering to vote.
(D) Voting.
(4) Accepts the payment of any property for doing any of the
following:
(A) Applying for an absentee ballot.
(B) Casting an absentee ballot.
(C) Registering to vote.
(D) Voting.
SOURCE: IC 3-14-2-2.5; (04)MO013202.12. -->
SECTION 12. IC 3-14-2-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 2.5. A person who does either of the following,
knowing that an individual is ineligible to register to vote or to
vote, commits absentee ballot fraud, a Class D felony:
(1) Solicits the individual to complete an absentee ballot
application.
(2) Solicits the individual to submit an absentee ballot
application to a county election board.
SOURCE: IC 3-14-2-3; (04)MO013202.13. -->
SECTION 13. IC 3-14-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. A person who:
(1) subscribes the name of another person to an affidavit of
registration or application for an absentee ballot knowing that
the application contains a false statement; or
(2) subscribes the name of another person to an affidavit of
registration or application for an absentee ballot without writing
on it the person's own name and address as an attesting witness;
commits a Class A misdemeanor. Class D felony.
SOURCE: IC 3-14-2-5; (04)MO013202.14. -->
SECTION 14. IC 3-14-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) A person
who recklessly destroys or fails to deliver an absentee ballot
application to the proper officer after the application has been
executed in accordance with IC 3-11-4 commits a Class A
misdemeanor.
(b) A person who recklessly destroys or fails to file or deliver to the
proper officer a registration affidavit or form of registration after it the
affidavit or form has been executed commits a Class A misdemeanor.
SOURCE: IC 3-14-2-13; (04)MO013202.15. -->
SECTION 15. 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 a precinct
for the purpose of voting at an election at the precinct when the
person hired or solicited is not a voter in Indiana or the precinct
commits a Class D felony.
SOURCE: IC 3-14-2-15; (04)MO013202.16. -->
SECTION 16. IC 3-14-2-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. A member of the
commission, an employee or agent of the commission, election
division, or a member, an employee, or an agent 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 felony.
SOURCE: IC 3-14-2-16; (04)MO013202.17. -->
SECTION 17. IC 3-14-2-16, AS AMENDED BY P.L.38-1999,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. A person who knowingly does any of the
following commits a Class D 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,
or an employee of
the United States Postal Service, 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.
(9) Delivers an absentee ballot prepared by the voter for
voting to a county election board, except for:
(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, or an
employee of the United States Postal Service, when
delivering an envelope containing an absentee ballot
under IC 3-11-10-1.
(10) Possesses an unmarked absentee ballot, unless the
person is authorized to possess the absentee ballot under this
title as any of the following:
(A) A printer.
(B) A county election board member.
(C) An absentee voter board member.
(D) An employee of the United States Postal Service when
delivering an envelope containing an absentee ballot.
(E) An individual authorized to deliver an absentee ballot
in a sealed envelope under IC 3-11-10-24.
(F) An absentee ballot counter under IC 3-11.5.
(G) A provisional ballot counter.
(H) A precinct election officer.
(I) The voter who applied for the absentee ballot.
(11) Completes or signs an absentee ballot application for a
voter, or assists a voter in completing an absentee ballot
application in violation of IC 3-11.
SOURCE: IC 3-14-2-18; (04)MO013202.18. -->
SECTION 18. IC 3-14-2-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 18. A voter who
knowingly:
(1) does anything to enable any other person to see or know for
what ticket, candidates, or public questions the voter has voted on
a voting machine; system; or
(2) moves into a position, or does any other thing, to enable the
voter to see or know for what ticket, candidates, or public
questions any other voter votes on a voting machine; system;
commits a Class D felony.
SOURCE: IC 3-14-2-24; (04)MO013202.19. -->
SECTION 19. IC 3-14-2-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 24. A person who:
(1) takes a ballot legally deposited out of a ballot box or out of a
voting system for the purpose of destroying it the ballot or
substituting another ballot 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 felony.
SOURCE: IC 3-14-2-26; (04)MO013202.20. -->
SECTION 20. IC 3-14-2-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: 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, or voting system component in which ballots have been
deposited;
(2) knowingly obtains a ballot box, envelope, container, or bag, or
voting system component 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 voting
system component; 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, or voting system component;
commits a Class D felony.
SOURCE: IC 3-14-2-29; (04)MO013202.21. -->
SECTION 21. IC 3-14-2-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 29. A person who
knowingly inspects a voting machine or electronic voting system under
IC 3-12-4-18 without obtaining authorization from the state recount
commission to conduct the inspection commits a Class D felony.
SOURCE: IC 3-14-3-1.5; (04)MO013202.22. -->
SECTION 22. IC 3-14-3-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 1.5. A person who knowingly does any of the
following commits a Class D felony:
(1) Procures or submits voter registration applications known
by the person to be materially false, fictitious, or fraudulent.
(2) Procures, casts, or tabulates ballots known by the person
to be materially false, fictitious, or fraudulent.
SOURCE: IC 3-14-3-4; (04)MO013202.23. -->
SECTION 23. IC 3-14-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) A person who:
(1) knowingly obstructs or interferes with an election officer in
the discharge of the officer's duty; or
(2) knowingly obstructs or interferes with a voter within fifty (50)
feet of the polls; chute;
commits a Class D felony.
(b) A person who knowingly injures an election officer or a
voter:
(1) in the exercise of the officer's or voter's rights or duties;
or
(2) because the officer or voter has exercised the officer's or
voter's rights or duties;
commits a Class D felony.
(c) A person called as a witness to testify against another for a
violation of this section is a competent witness to prove the offense
even though the person may have been a party to the violation. and The
person shall be compelled to testify as other witnesses. However, the
person's evidence may not be used against the person in a prosecution
growing out of matters about which the person testifies, and the person
is not liable to indictment or information for the offense.
SOURCE: IC 3-14-3-7; (04)MO013202.24. -->
SECTION 24. IC 3-14-3-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. An inspector or
poll clerk in a precinct who, for the purpose of:
(1) deceiving a voter;
(2) causing it to be doubtful for what ticket, candidate, or public
question a vote is cast; or
(3) causing it to appear that votes cast for one ticket, candidate,
or public question were cast for another ticket, candidate, or
public question;
removes, changes, or mutilates a ballot label on a voting machine
system or any part thereof of a voting system commits a Class D
felony.
SOURCE: IC 3-14-3-16; (04)MO013202.25. -->
SECTION 25. IC 3-14-3-16, AS AMENDED BY P.L.66-2003,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. (a) As used in this section, "electioneering"
includes expressing support or opposition to any candidate or political
party or expressing approval or disapproval of any public question in
any manner that could reasonably be expected to convey that support
or opposition to another individual.
(b) A person who knowingly does any electioneering:
(1) on election day within:
(A) the polls; or
(B) fifty (50) feet of the entrance to the polls; or
(B) the chute;
(2) within an area in the office of the circuit court clerk used by
an absentee voter board to permit an individual to cast an absentee
ballot; or
(3) in the presence of a voter whom the person knows
possesses an absentee ballot provided to the voter in
accordance with Indiana law;
commits a Class A misdemeanor.
SOURCE: IC 3-14-3-18; (04)MO013202.26. -->
SECTION 26. IC 3-14-3-18, AS AMENDED BY P.L.176-1999,
SECTION 118, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 18. (a) As used in this section, "candidate"
includes an individual whom the person knows is considering becoming
a candidate.
(b) A person who, for the purpose of influencing a voter or
candidate,
does any of the following commits a Class D felony:
(1) Seeks to enforce the payment of a debt by force or threat of
force.
(2) Ejects or threatens to eject the voter or candidate from a house
the voter or candidate occupies.
(3) Begins a criminal prosecution.
or
(4) Damages the business or trade of the voter or candidate.
commits a Class D felony.
(5) Communicates a threat to commit a forcible felony (as
defined in IC 35-41-1-11) against a voter or a candidate with
the intent that the voter or candidate:
(A) engage in conduct against the voter's or candidate's
will; or
(B) be placed in fear of retaliation for a prior lawful act as
a voter or a candidate.
SOURCE: IC 3-14-3-19; (04)MO013202.27. -->
SECTION 27. IC 3-14-3-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 19. A person who,
for the purpose of inducing or procuring another person to:
(1) apply for or cast an absentee ballot; or
(2) 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 felony.
SOURCE: IC 3-14-3-20; (04)MO013202.28. -->
SECTION 28. IC 3-14-3-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 20. A person who,
for the purpose of inducing or procuring a voter to:
(1) apply for or cast an absentee ballot; or
(2) 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 felony.
SOURCE: IC 3-14-3-20.5; (04)MO013202.29. -->
SECTION 29. IC 3-14-3-20.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 20.5. (a) This section does not apply to
activity subject to 18 U.S.C. 1341.
(b) An individual who knowingly:
(1) conspires to obtain property the individual would be
entitled to receive as compensation for serving as an elected
official by securing false or fraudulent absentee ballot
applications or voter registration applications; and
(2) for the purpose of executing the conspiracy:
(A) causes the applications to be sent or delivered by any
private or commercial carrier operating entirely within
Indiana; or
(B) takes or receives from the private or commercial
carrier the false or fraudulent applications or causes the
applications to be delivered by the carrier to another
person;
commits a Class D felony.
SOURCE: IC 3-14-3-21.5; (04)MO013202.30. -->
SECTION 30. IC 3-14-3-21.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 21.5. A person who knowingly or
intentionally intimidates, threatens, or coerces an individual for:
(1) voting or attempting to vote;
(2) urging or aiding another individual to vote or attempt to
vote; or
(3) exercising any power or duty under this title concerning
registration or voting;
commits voter intimidation, a Class D felony.
SOURCE: IC 35-44-1-1; (04)MO013202.31. -->
SECTION 31. IC 35-44-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) A person who:
(1) confers, offers, or agrees to confer on a public servant, either
before or after the public servant becomes appointed, elected, or
qualified, any property except property the public servant is
authorized by law to accept, with intent to control the
performance of an act related to the employment or function of
the public servant;
(2) being a public servant, solicits, accepts, or agrees to accept,
either before or after he the person becomes appointed, elected,
or qualified, any property, except property he the person is
authorized by law to accept, with intent to control the
performance of an act related to his the person's employment or
function as a public servant;
(3) confers, offers, or agrees to confer on a person any property,
except property the person is authorized by law to accept, with
intent to cause that person to control the performance of an act
related to the employment or function of a public servant;
(4) solicits, accepts, or agrees to accept any property, except
property he the person is authorized by law to accept, with intent
to control the performance of an act related to the employment or
function of a public servant;
(5) confers, offers, or agrees to confer any property on a person
participating or officiating in, or connected with, an athletic
contest, sporting event, or exhibition, with intent that the person
will fail to use his the person's best efforts in connection with
that contest, event, or exhibition;
(6) being a person participating or officiating in, or connected
with, an athletic contest, sporting event, or exhibition, solicits,
accepts, or agrees to accept any property with intent that he the
person will fail to use his the person's best efforts in connection
with that contest, event, or exhibition;
(7) being a witness or informant in an official proceeding or
investigation, solicits, accepts, or agrees to accept any property,
with intent to:
(i) (A) withhold any testimony, information, document, or
thing;
(ii) (B) avoid legal process summoning him the person to
testify or supply evidence; or
(iii) (C) absent himself the person from the proceeding or
investigation to which he the person has been legally
summoned; or
(8) confers, offers, or agrees to confer any property on a witness
or informant in an official proceeding or investigation, with intent
that the witness or informant:
(i) (A) withhold any testimony, information, document, or
thing;
(ii) (B) avoid legal process summoning the witness or
informant to testify or supply evidence; or
(iii) (C) absent himself the person from any proceeding or
investigation to which the witness or informant has been legally
summoned; or
(9) confers or offers or agrees to confer any property on an
individual for:
(A) casting a ballot or refraining from casting a ballot; or
(B) voting for a political party, for a candidate, or for or
against a public question;
in an election described in IC 3-5-1-2, or at a convention of
a political party authorized under IC 3;
commits bribery, a Class C felony.
(b) It is no defense that the person whom the accused person sought
to control was not qualified to act in the desired way.".
Delete pages 2 through 4.
SOURCE: Page 5, line 1; (04)MO013202.5. -->
Page 5, delete lines 1 through 10.
Page 7, line 2, delete "absentee ballot fraud under IC 3-14-2-31." and
insert " an offense that is a felony under IC 3-14-2 (vote fraud).".
Page 8, line 2, delete "absentee ballot fraud under IC 3-14-2-31." and
insert " a felony under IC 3-14-2 (vote fraud).".
Page 8, after line 5, begin a new paragraph and insert:
SOURCE: ; (04)MO013202.34. -->
"SECTION 34. [EFFECTIVE UPON PASSAGE] (a) The
definitions in IC 3-5-2 apply throughout this SECTION.
(b) Not later than March 31, 2004, the commission shall act
under IC 3-5-4-8 to prescribe absentee ballot application forms
that comply with IC 3-11, as amended by this act.
(c) This subsection does not apply to an absentee ballot
application form prescribed by the commission for use by an
absent uniformed services voter or overseas voter. An absentee
ballot application form prescribed by the commission before April
1, 2004, may not be used or accepted by a county election board
after March 31, 2004.
(d) This SECTION expires January 1, 2005.
SOURCE: ; (04)MO013202.35. -->
SECTION 35.
An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
(Reference is to SB 132 as printed January 27, 2004.)
________________________________________
Senator LAWSON C