Reprinted

February 4, 2004





SENATE BILL No. 398

_____


DIGEST OF SB 398 (Updated February 3, 2004 2:24 pm - DI 102)



Citations Affected: IC 3-5; IC 3-6; IC 3-7; IC 3-11; IC 3-11.7; IC 9-14; IC 9-24; noncode.

Synopsis: Various election law changes. Provides that a majority vote (rather than the unanimous vote) of a county election board is sufficient to appoint a precinct election officer when a county chairman has failed to make a nomination. Establishes additional specifications for the statewide voter registration file. Authorizes the state's participation in a project to permit military voters to cast ballots over the Internet. Permits the election administration assistance fund to be administered in accordance with amendments to the state's HAVA plan. Provides that, after December 31, 2005, the standards used to determine residency for voters are the same standards that must be used to determine residency for applying for a driver's license. Repeals statutes relating to printing of ballots. Legalizes certain actions taken after deadlines set in statutes enacted in 2003. Makes various changes to election law relating to the following: (1) Voter registration. (2) The statewide voter registration file. (3) Administration of election law under HAVA. (4) Certification of voting systems.

Effective: May 7, 2003 (retroactive); upon passage; July 1, 2004; December 1, 2004.





Landske, Breaux




    January 12, 2004, read first time and referred to Committee on Elections and Civic Affairs.
    January 27, 2004, amended, reported favorably _ Do Pass.
    February 3, 2004, read second time, amended, ordered engrossed.





Reprinted

February 4, 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.

SENATE BILL No. 398



    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 3-5-2-23.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 23.2. (a) Except as provided in subsection (b), "expedited basis" refers to the processing of:
        (1) a voter registration application;
        (2) a cancellation of a voter registration application;
        (3) a transfer of a voter registration application; or
        (4) another document that creates or amends the voter registration record of an individual;
not later than forty-eight (48) hours after the document is received by a county voter registration office or an agency required under IC 3-7 to transmit voter registration documents to a county voter registration office.

     (b) If a voter registration application or other document listed in subsection (a) includes a partial Social Security number that must be submitted to the Commissioner of Social Security for verification under 42 U.S.C. 405(r), "expedited basis" refers to the

processing of the application or document not later than forty-eight (48) hours after the bureau of motor vehicles commission receives verification from the Commissioner regarding the partial Social Security number.
    SECTION 2. IC 3-6-6-13, AS AMENDED BY P.L.209-2003, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) A county election board shall fill a vacancy in a precinct election office before the hour set for the opening of the polls, upon the nomination of the appropriate county chairman.
    (b) This subsection applies to a precinct election office when, at noon, fourteen (14) days before election day, the appropriate county chairman has made no nomination for the office. The county election board, by unanimous majority vote of the entire membership of the board, may fill the office by appointing an individual who would be eligible to serve in the office if nominated by the county chairman.
    (c) If a vacancy is filled by the county election board under subsection (b), the board may, by unanimous vote of the entire membership of the board, fill the office by appointing a student:
        (1) enrolled at an institution of higher education (including a community college); and
        (2) who is a registered voter of the county;
to serve as a nonpartisan precinct election officer.
    SECTION 3. IC 3-7-14-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 9. (a) An employee of the commission who provides an individual with a driver's license or identification card application shall do the following:
        (1) Inform each individual who applies for a driver's license or an identification card that the information the individual provides on the individual's application will be used to register the individual to vote unless:
            (A) the individual is not eligible to vote; or
            (B) the individual declines to register to vote or fails to complete the voter registration part of the application.
        (2) Provide each individual who indicates a desire to register or transfer registration with assistance in filling out the voter registration application if requested to do so by the individual.
        (3) Check the completed voter registration form for legibility and completeness.
        (4) Deliver the completed registration form to the license branch manager (or the employee designated by the manager to be responsible for voter registration services) for transmittal to the appropriate circuit court clerk or board of county voter

registration office.
        
(5) Inform the individual that the individual will receive a mailing from the circuit court clerk or board of registration of the county where the individual resides concerning the disposition of the voter registration application.
        (6) Inform each individual who submits a change of address for a driver's license or identification card that the information serves as notice of a change of address for voter registration unless the applicant states in writing on the form that the change of address is not for voter registration purposes.
     (b) The commission shall transmit a voter registration form completed after December 31, 2005, to the election division for transmittal to the appropriate county voter registration office in accordance with IC 3-7-26.3.
    SECTION 4. IC 3-7-14-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 11. Whenever an applicant completes a voter registration application under section 4 of this chapter, the commission shall provide the applicant with a written acknowledgment that the applicant has completed a voter registration application at a license branch. The acknowledgment:
        (1) may be:
             (A) a detachable part; or
            (B) after December 31, 2005, an electronic version;

        of the registration form prescribed under section 4 of this chapter; and
        (2) must set forth the name and residential address of the applicant and the date that the application was completed.
    SECTION 5. IC 3-7-14-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 12. (a) An applicant who completes a voter registration application under section 4 of this chapter is not required to submit the application to a circuit court clerk or board of county voter registration member. office.
    (b) The commission shall forward the voter registration part of the application to a circuit court clerk or board of county voter registration office not later than five (5) days after the date of acceptance and as provided in IC 9-24-2.5 and 42 U.S.C. 1973gg-3(c)(2)(E). This subsection expires January 1, 2006.
    (c) This subsection applies after December 31, 2005. The commission shall forward the voter registration part of the application to the election division for transmittal to the appropriate county voter registration office on an expedited basis in accordance with IC 3-7-26.3, IC 9-24-2.5 and 42 U.S.C.

1973gg-3(c)(2)(E).
    SECTION 6. IC 3-7-14-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 14. Except as provided in section 15 of this chapter, an application under section 4 of this chapter authorizes a circuit court clerk or board of county voter registration office to update the voter registration record of the applicant:
         (1) under 42 U.S.C. 1973gg-3(a)(2) unless the applicant fails to sign the voter registration application; or
        (2) after December 31, 2005, in a manner authorized under IC 3-7-26.3.

    SECTION 7. IC 3-7-26-2, AS AMENDED BY P.L.209-2003, SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The election division shall develop and maintain a statewide voter registration file.
    (b) Subject to section 20 of this chapter, not later than January 1, 2004, the election division shall maintain the statewide voter registration file so that the file is accessible by the election division and county voter registration offices through a secure connection over the Internet.
    (c) (b) The statewide voter registration file must comply with the standards and requirements described in 42 U.S.C. 15483.
    SECTION 8. IC 3-7-26-8, AS AMENDED BY P.L.209-2003, SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) Until a county has the capability to transmit the information over the Internet as required under subsection (b), the information required by section 7 of this chapter shall be provided on magnetic media or other machine readable form to the election division.
    (b) Subject to section 20 of this chapter, not later than January 1, 2004, After a county has the capability to transmit information in accordance with subsection (a), a county voter registration office shall transmit the information required by section 7 of this chapter to the election division over the Internet, in a manner and using a method prescribed by the election division, through a secure connection. to the statewide voter registration file.
    (c) The commission shall prescribe a format to ensure the standardization and readability of the data provided under subsection (a) or (b).
    SECTION 9. IC 3-7-26.3-22 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 22. The computerized list must contain at least the

following information for each voter:
        (1) The voter's voting history for at least the previous ten (10) years, if available, including the political party ballot requested by the voter at any primary election during the period.
        (2) The source of the voter's registration application.
        (3) A listing of all previous jurisdictions in which the voter was registered to vote.
        (4) Information concerning the documentation submitted by the voter to comply with the requirements of HAVA.
        (5) An electronic mail address, if supplied by the voter.
        (6) Documentation of all changes to the registration made by the voter.
        (7) Documentation concerning all notices sent to the voter by the county voter registration office.

    SECTION 10. IC 3-7-26.3-23 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 23. The computerized list must include absentee ballot management features that do the following:
        (1) Manage absentee ballots based on the type, eligibility, and status of the absentee voter.
        (2) Permit the printing of absentee labels by group or date, or by individual for use by a voter voting in person at the county election board office.
        (3) Permit the documentation of the date on which each absentee ballot is issued and returned.
        (4) Permit the printing of absentee ballot applications with voter registration information for the absentee ballot applicant.
        (5) Use bar code technology.
        (6) Interface with a ballot on demand system.

    SECTION 11. IC 3-7-26.3-24 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 24. The computerized list must include full document imaging features, including the following:
        (1) Electronic file folders that store multiple documents for each voter.
        (2) A single scan that captures both a document and signature.
        (3) Back up of critical documents on optical media for archival purposes.
        (4) The annotation of document images.


        (5) Backfile image conversion.
        (6) Storage of multimedia files, such as photographs and audio messages.

    SECTION 12. IC 3-7-26.3-25 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 25. The computerized list must include election and poll worker management features that do the following:
        (1) Include petition verification, audit, and management functions, such as the following:
            (A) Calculations of the minimum number of valid signatures by registered voters for a petition of nomination in an election district.
            (B) Reports listing the valid and invalid signatures on each petition of nomination.
            (C) Reports listing daily counts of valid and invalid signatures on petitions of nomination.
        (2) Track contact information for individuals who have submitted petitions for processing by the county voter registration office.
        (3) Verify petition signatures against voter registration signatures by displaying digitized signatures for comparison.
        (4) Track service and performance records for past, current, and potential poll workers and contain contact information for those poll workers.
        (5) Report poll worker vacancies to permit vacancies to be filled before election day.
        (6) Include print on demand services.
        (7) Track poll worker pay, including mileage, and whether poll workers served for only part of an election day.
        (8) Permit a circuit court clerk to transmit reports or statements to the election division under this article, IC 3-6-5, or IC 3-12-5.

    SECTION 13. IC 3-7-26.3-26 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 26. The computerized list must include security features, such as the following:
        (1) Daily backup following business hours.
        (2) Offsite data housing and disaster contingency plans.

    SECTION 14. IC 3-7-26.3-27 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 27. The computerized list must

include signature digitizing features that do the following:
        (1) Permit signatures to be cropped and stored from voter registration and other forms.
        (2) Permit signatures to be viewed within absentee, petition, or voter registration modules within the system.
        (3) Generate audit trail reports concerning transfer logs, work file reports, missing voter signatures, and signatures without voters.

    SECTION 15. IC 3-7-26.3-28 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 28. The computerized list must include street file management features that do the following:         (1) Include an integral street file with automatic assignment to election districts and jurisdictions based on residence address location.
        (2) Permit changing street names throughout a county or for specific areas within a county.
        (3) Include tools to identify and correct errors in the geographic assignment of jurisdictions.
        (4) Permit interfacing with geographic information systems.
        (5) Permit comprehensive changes to reflect changes in legislative district or precinct boundary lines.
        (6) Permit the accommodation of multiple place names within a single ZIP code area.
        (7) Permit the tracking and management of data concerning polling place locations.

    SECTION 16. IC 3-7-26.3-29 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 29. The computerized list must include voter registration management features that do the following:
        (1) Automatically assign voter identification numbers in accordance with this title.
        (2) Calculate the number of registered voters by precinct or any election district.
        (3) Permit expedited web based inquiries concerning polling place locations.
        (4) Track and report all NVRA and voter list maintenance transactions performed within the system.
        (5) Permit tracking regarding the political party ballot requested by voters voting in a primary.
        (6) Generate a variety of reports on paper, compact disc, or

floppy disc format, such as walking lists, call lists, lists of voters by precinct, lists of voters by name, date of birth, or date of registration, and lists of voters by other household data.
        (7) Identify voters who are currently less than eighteen (18) years of age.
        (8) Permit electronic processing of voter registration information received as files from other state and federal agencies.
        (9) Provide flexible query functions for management and statistical reports, including the ability of the secretary of state or a co-director of the election division to view individual voter registration records.
        (10) Support sophisticated mailing equipment for reduced postage costs.
        (11) Contain full audit controls and management reports to track and manage the work of county voter registration office employees, including the ability of the secretary of state or the co-directors of the election division to determine whether a county voter registration office is performing voter list maintenance functions in the manner required by IC 3-7.

    SECTION 17. IC 3-7-26.3-30 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 30. The computerized list must include a help desk support feature, staffed by individuals who can provide assistance to county voter registration offices regarding the proper operation of the system.
    SECTION 18. IC 3-7-26.3-31 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 31. The computerized list must include features permitting the secretary of state or a co-director of the election division to include other features determined by the secretary of state and the co-directors of the election division.
    SECTION 19. IC 3-7-26.3-32 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 32. (a) This section applies to a county with a county voter registration office described in IC 3-5-2-16.2(1) or IC 3-5-2-16.2(2).
    (b) The computerized list must permit a county election board to view data concerning voters of the county in order to do the following:
        (1) Administer absentee balloting.


        (2) Determine whether an individual who wishes to file as a candidate is a voter of the county.
    SECTION 20. IC 3-7-27-20, AS AMENDED BY P.L.209-2003, SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 20. (a) This section applies to a county that maintains voter registration information in a computerized system.
    (b) The county voter registration office shall prepare an entry in the computerized system that accurately reflects the information set forth in the original affidavit of registration and, if the applicant was required to provide documentation under IC 3-7-33-4.5, whether the required documentation has been provided.
    (c) If the documentation required under IC 3-7-33-4.5 has been provided, the entry must include the following:
        (1) The date the documentation was filed with the county voter registration office.
        (2) Whether the documentation was filed with the county voter registration office:
            (A) in the form of summary information on a poll list documented in accordance with IC 3-11-8-25 by a precinct election board after the person voted in person at the polling place;
            (B) by the county election board after the person applied to cast an absentee ballot; or
            (C) by the applicant as part of the original filing of the application to register to vote, or in a subsequent filing received by the county voter registration office.
        (3) A brief description of the type of documentation provided or an optically scanned image of the document. The election division shall provide each county voter registration office with a suggested coding system for identifying the types of documentation.
    (d) However, the county voter registration office is only required to enter a voter's voting history for the previous ten (10) years if that history is available.
    (e) The county voter registration office is not required to prepare a duplicate paper copy of a registration properly entered into the computerized system.
    (f) The computerized system must be able to generate lists of voters organized alphabetically and by precinct of residence.
    (g) This section expires January 1, 2006.
    SECTION 21. IC 3-7-27-20.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2004]: Sec. 20.2. (a) This section applies after December 31, 2005.
    (b) The county voter registration office shall prepare an entry in the computerized system indicating:
        (1) whether the applicant was required to provide documentation under IC 3-7-33-4.5; and
        (2) if so, whether the required documentation has been provided.
    (c) If the documentation required under IC 3-7-33-4.5 has been provided, the entry must include the following:
        (1) The date the documentation was filed with the county voter registration office.
        (2) Whether the documentation was filed with the county voter registration office by:
            (A) a precinct election board after the person voted in person at the polling place;
            (B) the county election board after the person applied to cast an absentee ballot; or
            (C) the applicant as part of the original filing of the application to register to vote, or in a subsequent filing received by the county voter registration office.
        (3) A brief description of the type of documentation provided. The election division shall provide each county voter registration office with a suggested coding system for identifying the types of documentation.

    SECTION 22. IC 3-7-32-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. A registration application must be signed:
         (1) in indelible ink or indelible pencil; or
        (2) after December 31, 2005, with an electronic signature in a manner authorized under IC 3-7-26.3 if submitted to a license branch under IC 3-7-14.

    SECTION 23. IC 3-7-32-4, AS AMENDED BY P.L.126-2002, SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4. A voter may not submit a registration application by electronic transmission except as provided in IC 3-11-4 or, after December 31, 2005, IC 3-7-26.3.
    SECTION 24. IC 3-7-48-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 7. (a) A voter shall be permitted to vote in a precinct upon written affirmation of the voter's residence in the precinct if:
        (1) the voter produces a registration receipt indicating that the

voter completed a registration form at a license branch or voter registration agency under this article on a date within the registration period; and
        (2) the county voter registration office advises the precinct election board that the office:
            (A) approved the application; or
            (B) has no record of either approving or rejecting the application; and
        (3) the voter completes a registration application form and provides the completed form to the precinct election board before voting.
    (b) A county election board shall provide each precinct election board with a sufficient number of the registration forms for the purposes described in subsection (a). The precinct election board shall attach the completed registration forms to the poll list for processing by the county voter registration office under IC 3-10-1-31.

    SECTION 25. IC 3-11-2-2, AS AMENDED BY P.L.66-2003, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. (a) Each county election board shall have the:
        (1) names of all candidates for United States Representative, legislative offices, and local offices; and
        (2) local public questions;
in election districts within the county printed on a ballot as provided in this chapter. The county may print all offices on a single ballot under this section.
     (b) This section expires January 1, 2005.
    SECTION 26. IC 3-11-2-2.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2.1. (a) This section applies after December 31, 2004.
    (b) Each county election board shall have the:
        (1) names of all candidates for election to offices or retention in offices; and
        (2) state and local public questions;
in election districts wholly or partially within the county printed on a ballot as provided in this chapter. The county may print all offices on a single ballot under this section.

    SECTION 27. IC 3-11-4-12.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12.5. (a) The secretary of state may participate in a project conducted by the United States Department of Defense to permit absent uniformed services voters

to cast ballots after December 31, 2004, in electronic form through secured Internet based sites under the control of the Department of Defense.
    (b) Notwithstanding IC 4-22-2, the secretary of state may issue orders to implement the project. An order described by this section takes effect upon publication in the Indiana Register, unless otherwise specified in the order.

    SECTION 28. 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, 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) 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) 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 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 votes 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.
    SECTION 29. IC 3-11-6.5-2.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.1. The secretary of state, with the consent of the co-directors of the election division, may administer the fund in accordance with the HAVA state plan, as published in the Indiana Register on November 1, 2003. The state plan may be amended in accordance with the requirements of HAVA and the procedures for amendment set forth in the plan. If the plan is amended as provided in this section, the fund may be administered in accordance with that amendment.
    SECTION 30. IC 3-11-8-25.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 25.2. (a) This section applies after

December 31, 2005.
    (b) The poll clerk or assistant poll clerk shall examine the list provided under IC 3-7-29-1 to determine if the county election board has indicated that the voter is required to provide additional personal identification under 42 U.S.C. 15483 and IC 3-7-33-4.5 before voting in person. If the list (or a certification concerning absentee voters under IC 3-11-10-12) indicates that the voter is required to present this identification before voting in person, the poll clerk shall advise the voter that the voter must present a piece of identification described in subsection (c) to the poll clerk.
    (c) As required by 42 U.S.C. 15483, a voter described by IC 3-7-33-4.5 who has not complied with IC 3-7-33-4.5 before appearing at the polls on election day must present one (1) of the following documents to the poll clerk:
        (1) A current and valid photo identification.
        (2) A current utility bill, bank statement, government check, paycheck, or government document that shows the name and address of the voter.
    (d) If a voter presents a document under subsection (c), the poll clerk shall add a notation to the list indicating the type of document presented by the voter. The election division shall prescribe a standardized coding system to classify documents presented under this subsection for entry into the county voter registration system.
    (e) If a voter required to present documentation under subsection (c) is unable to present the documentation to the poll clerk while present in the polls, the poll clerk shall notify the precinct election board. The board shall provide a provisional ballot to the voter under IC 3-11.7-2.
    (f) The precinct election board shall advise the voter that the voter may file a copy of the documentation with the county voter registration office to permit the provisional ballot to be counted under IC 3-11.7.

    SECTION 31. IC 3-11-8-26, AS AMENDED BY P.L.209-2003, SECTION 137, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 26. (a) If a voter:
        (1) cannot sign; or
        (2) is a voter with a disability that makes it difficult for the voter to sign;
the voter's name and address, the poll clerks shall, by proper interrogation, satisfy themselves that the voter is the person the voter represents the voter to be.
    (b) If satisfied as to the voter's identity under subsection (a), one (1)

of the poll clerks shall then place the following on the poll list:
        (1) The voter's name.
        (2) The voter's current residence address.
    (c) The poll clerks shall:
        (1) ask the voter to provide or update the voter's voter identification number;
        (2) tell the voter the number the voter may use as a voter identification number; and
        (3) explain to the voter that the voter is not required to provide a voter identification number at the polls.
    (d) The poll clerk shall then add the clerk's initials in parentheses, after or under the signature. The voter then may vote.
    (e) This section expires January 1, 2006.
    SECTION 32. IC 3-11-10-24.5, AS ADDED BY P.L.209-2003, SECTION 145, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 24.5. (a) This section applies after December 31, 2005.
    (b) As required by 42 U.S.C. 15481, an election board must 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 votes for a single office.
    SECTION 33. IC 3-11-11-1.2, AS ADDED BY P.L.209-2003, SECTION 150, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.2. (a) This section applies after December 31, 2005.
    (b) As required by 42 U.S.C. 15481, an election board must establish a voter education program to notify a voter of the effect of casting multiple ballots votes for a single office on a paper ballot.
    SECTION 34. IC 3-11.7-1-6, AS ADDED BY P.L.126-2002, SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. (a) All provisional ballots other than those described in section 5 of this chapter shall be prepared and printed under the direction of each county election board.
    (b) After completing the estimate required by section 4 of this chapter, the county election board shall immediately prepare the ballots and have the ballots printed.
    (c) Ballots prepared by the county election board under this section must provide space for the voter to cast a write-in ballot.
    (d) The provisional ballots that are prepared and printed under this section shall be delivered to the circuit court clerk not later than:
        (1) forty-five (45) days before a general, primary, or municipal

election; or
        (2) thirty-two (32) days before a special election.
    SECTION 35. IC 9-14-3-5, AS AMENDED BY P.L.261-2003, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (b), (c), or (d), or (e), the bureau shall prepare and deliver information on titles, registrations, and licenses and permits upon the request of any person. All requests must be submitted in writing to the bureau and, unless exempted under IC 9-29, must be accompanied by the payment of the fee prescribed in IC 9-29-2-2.
    (b) The bureau shall not disclose:
        (1) the Social Security number;
        (2) the federal identification number;
        (3) the driver's license number;
        (4) the digital image of the driver's license applicant;
        (5) a reproduction of the signature secured under IC 9-24-9-1 or IC 9-24-16-3; or
        (6) medical or disability information;
of any person except as provided in subsection (c).
    (c) The bureau may disclose any information listed in subsection (b):

         (1) to a law enforcement officer; or
         (2) to an agent or a designee of the department of state revenue; or
         (3) for uses permitted under IC 9-14-3.5-10(1), IC 9-14-3.5-10(4), IC 9-14-3.5-10(6), and IC 9-14-3.5-10(9); or
        (4) for voter registration and election purposes required under IC 3-7 or IC 9-24-2.5.

    (c) (d) As provided under 42 U.S.C. 1973gg-3(b), the commission may not disclose any information concerning the failure of an applicant for a motor vehicle driver's license to sign a voter registration application, except as authorized under IC 3-7-14.
    (d) (e) The commission may not disclose any information concerning the failure of an applicant for a title, registration, license, or permit (other than a motor vehicle license described under subsection (c)) (d)) to sign a voter registration application, except as authorized under IC 3-7-14.
    SECTION 36. IC 9-24-1-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1.5. (a) This section applies after December 31, 2005.
    (b) The standards set forth in IC 3-5-5 to determine the residence of an individual applying to become a voter apply to the

determination of the residence of an individual applying for a license under this article.
    SECTION 37. THE FOLLOWING ARE REPEALED [EFFECTIVE DECEMBER 1, 2004]: IC 3-11-2-1; IC 3-11.7-1-5.
    SECTION 38. P.L.209-2003, SECTION 205, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE MAY 7, 2003 (RETROACTIVE)]: SECTION 205. (a) The definitions in IC 3-5-2 apply throughout this SECTION.
    (b) Not later than July 1, December 31, 2003, the commission shall act under IC 3-11-4-5.1 to approve absentee ballot application forms that include a notice that certain voters who registered by mail are required to provide additional personal identification before voting an absentee ballot by mail.
    (c) Notwithstanding IC 3-5-4-8, an absentee ballot application form approved by the commission before December 31, 2003, that does not comply with subsection (b) may not be accepted for filing with a county election board after December 31, 2003.
    (d) This SECTION expires December 31, 2004.
    SECTION 39. P.L.209-2003, SECTION 214, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION 214. (a) The definitions set forth in IC 3-5-2 apply to this SECTION.
    (b) Subject to subsection (d), a voting machine system may not be used in an election in Indiana after December 31, 2003.
    (c) Subject to subsection (e), a punch card voting system may not be used in an election in Indiana after December 31, 2003.
    (d) Notwithstanding subsection (b), a voting machine system may be used in an election in Indiana after December 31, 2003, and before January 1, 2006, if not later than December 31, 2003, the secretary of state with the consent of the co-directors of the election division certifies to the federal Administrator of General Services under Section 102(a)(3)(B) of HAVA (42 U.S.C. 15302) that the state cannot replace all voting machine systems in Indiana before January 1, 2004.
    (e) Notwithstanding subsection (c), a punch card voting system may be used in an election in Indiana after December 31, 2003, and before January 1, 2006, if not later than December 31, 2003, the secretary of state with the consent of the co-directors of the election division certifies to the federal Administrator of General Services under Section 102(a)(3)(B) of HAVA (42 U.S.C. 15302) that the state cannot replace all punch card voting systems in Indiana before January 1, 2004.
    (f) Notwithstanding any other statute, a voting machine system or a punch card voting system may not be marketed in Indiana.
    (g) Notwithstanding IC 3-11-5, IC 3-11-7, IC 3-11-7.5, and

IC 3-11-15, the approval or certification of a voting system issued before January 1, 2005, expires October 1, 2005. If a vendor applied for certification of the voting system after January 1, 2004, and applies for recertification of the voting system after January 1, 2005, the application fee under IC 3-11-15-4 is waived if the hardware, software, and firmware of the system is unchanged in the system submitted for recertification under this subsection.
    (h)
This SECTION expires January 1, 2006.
    SECTION 40. [EFFECTIVE UPON PASSAGE] (a) The definitions set forth in IC 3-5-2 apply throughout this SECTION.
    (b) Notwithstanding P.L.209-2003, SECTION 212 (expired December 31, 2003), the governor's notice before May 1, 2003, to the federal Administrator of General Services that the state of Indiana intends to use payments under Section 101 of HAVA (42 U.S.C. 15301) in accordance with Section 101 of HAVA is legalized.
    (c) Notwithstanding P.L.209-2003, SECTION 213 (expired December 31, 2003), the governor's notice before May 1, 2003, to the federal Administrator of General Services under Section 102(b) of HAVA (42 U.S.C. 15302) in accordance with Section 102 of HAVA is legalized.
    (d) Notwithstanding P.L.209-2003, SECTION 216 (expired December 31, 2003), not later than July 1, 2004, the secretary of state, with the consent of the co-directors of the election division, shall file a statement with the federal Election Assistance Commission certifying that the state is in compliance with the requirements referred to in Section 253(b) of HAVA (42 U.S.C. 15403). The statement must be in the form authorized by Section 253 of HAVA.
    (e) This SECTION expires July 1, 2005.

    SECTION 41. [EFFECTIVE JULY 1, 2004] (a) Notwithstanding IC 3-11.7-1-6, as amended by this act, all provisional ballots other than those described in IC 3-11.7-1-5 shall be prepared and printed under the direction of each county election board.
    (b) This SECTION expires December 1, 2004.

    SECTION 42. An emergency is declared for this act.