SB 15-2_ Filed 03/29/2005, 11:16 Brown T
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that Engrossed Senate Bill 15 be amended to read as follows:
SOURCE: Page 1, line 1; (05)MO001504.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 3-5-2-40.5; (05)MO001504.1. -->
"SECTION 1. IC 3-5-2-40.5 AS ADDED BY SEA 483-2005, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]:
Sec. 40.5. "Proof of identification" refers to a document that satisfies all
the following:
(1) The document shows the name of the individual to whom the
document was issued, and the name conforms to the name in the
individual's voter registration record. For purposes of this
subdivision, a document conforms to the name in the
individual's voter registration record if the document shows
a common variation of the name shown in the individual's
voter registration record.
(2) The document shows a photograph of the individual to whom
the document was issued.
(3) The document includes an expiration date, and the document:
(A) is not expired; or
(B) expired after the date of the most recent general election.
(4) The document was issued by any of the following:
(A) The United States. or
(B) The state of Indiana.
(C) An approved institution of higher learning (as defined
in IC 20-12-21-3). The document described in this clause
must be accompanied by a valid driver's license:
(i) issued by any state; and
(ii) that shows a photograph of the individual to whom
the document was issued.".
SOURCE: Page 11, line 18; (05)MO001504.11. -->
Page 11, between lines 18 and 19, begin a new paragraph and insert:
SOURCE: IC 3-11-10-1.2; (05)MO001504.11. -->
"SECTION 11. IC 3-11-10-1.2 AS ADDED BY SEA 483-2005, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]:
Sec. 1.2. An absentee voter is not required to provide proof of
identification when:
(1) mailing, delivering, or transmitting an absentee ballot under
section 1 of this chapter; or
(2) voting before an absentee board under section 25 of this
chapter.".
SOURCE: Page 15, line 1; (05)MO001504.15. -->
Page 15, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 3-11-10-26; (05)MO001504.15. -->
"SECTION 15. IC 3-11-10-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 26. (a) As an
alternative to voting by mail, a voter is entitled to cast an absentee
ballot before an absentee voter board:
(1) in the office of the circuit court clerk (or board of elections and
registration in a county subject to IC 3-6-5.2); or
(2) at a satellite office established under section 26.3 of this
chapter.
(b) The voter must:
(1) sign an application on the form prescribed by the commission
under IC 3-11-4-5.1; and
(2) provide proof of identification;
before being permitted to vote. The application must be received by the
circuit court clerk not later than the time prescribed by IC 3-11-4-3.
(c) The voter may vote before the board not more than twenty-nine
(29) days nor later than noon on the day before election day.
(d) An absent uniformed services voter who is eligible to vote by
absentee ballot in the circuit court clerk's office under IC 3-7-36-14
may vote before the board not earlier than twenty-nine (29) days before
the election and not later than noon on election day. If a voter described
by this subsection wishes to cast an absentee ballot during the period
beginning at noon on the day before election day and ending at noon on
election day, the county election board or absentee voter board may
receive and process the ballot at a location designated by resolution of
the county election board.
(e) The absentee voter board in the office of the circuit court clerk
must permit voters to cast absentee ballots under this section for at least
seven (7) hours on each of the two (2) Saturdays preceding election
day.
(f) Notwithstanding subsection (e), in a county with a population of
less than twenty thousand (20,000), the absentee voter board in the
office of the circuit court clerk, with the approval of the county election
board, may reduce the number of hours available to cast absentee
ballots under this section to a minimum of four (4) hours on each of the
two (2) Saturdays preceding election day.
(g) 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.
(h) 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.
(i) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the board determines that the proof of
identification provided by the voter does not qualify as proof
of identification under IC 3-5-2-40.5;
the voter shall be permitted to cast an absentee ballot and the
voter's absentee ballot shall be treated as a provisional ballot.
SOURCE: IC 3-11.7-5-2; (05)MO001504.16. -->
SECTION 16. IC 3-11.7-5-2, AS AMENDED BY SEA 483-2005,
IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2005]: Sec. 2. (a) Except as provided in section 5 of this chapter, if the
county election board determines that all the following apply, a
provisional ballot is valid and shall be counted under this chapter:
(1) The affidavit executed by the provisional voter under
IC 3-11.7-2-1 is properly executed.
(2) The provisional voter is a qualified voter of the precinct and
has provided proof of identification, if required, under IC 3-10-1,
or IC 3-11-8,
or IC 3-11-10-26.
(3) Based on all the information available to the county election
board, including:
(A) information provided by the provisional voter;
(B) information contained in the county's voter registration
records; and
(C) information contained in the statewide voter registration
file;
the provisional voter registered to vote at a registration agency
under this article on a date within the registration period.
(b) If the provisional voter has provided information regarding the
registration agency where the provisional voter registered to vote, the
board shall promptly make an inquiry to the agency regarding the
alleged registration. The agency shall respond to the board not later
than noon of the first Friday after the election, indicating whether the
agency's records contain any information regarding the registration. If
the agency does not respond to the board's inquiry, or if the agency
responds that the agency has no record of the alleged registration, the
board shall reject the provisional ballot. The board shall endorse the
ballot with the word "Rejected" and document on the ballot the inquiry
and response, if any, by the agency.
(c) Except as provided in section 5 of this chapter, a provisional
ballot cast by a voter described in IC 3-11.7-2-1(b) is valid and shall be
counted if the county election board determines under this article that
the voter filed the documentation required under IC 3-7-33-4.5 and 42
U.S.C. 15483 with the county voter registration office not later than the
closing of the polls on election day.
SOURCE: IC 3-11.7-5-2.5; (05)MO001504.17. -->
SECTION 17. IC 3-11.7-5-2.5 , AS ADDED BY SEA 483-2005, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]:
Sec. 2.5. (a) A voter who:
(1) was challenged under IC 3-10-1, or IC 3-11-8, or
IC 3-11-10-26 as a result of the voter's inability or declination to
provide proof of identification; and
(2) cast a provisional ballot;
may personally appear before the circuit court clerk or the county
election board not later than the deadline specified by section 1 of this
chapter for the county election board to determine whether to count a
provisional ballot.
(b) Except as provided in subsection (c) or (e), if the voter:
(1) provides proof of identification to the circuit court clerk or
county election board; and
(2) executes an affidavit before the clerk or board, in the form
prescribed by the commission, affirming under the penalties of
perjury that the voter is the same individual who:
(A) personally appeared before the precinct election board; and
(B) cast the provisional ballot on election day;
the county election board shall find that the voter's provisional ballot is
valid and direct that the provisional ballot be opened under section 4 of
this chapter and processed in accordance with this chapter.
(c) If the voter executes an affidavit before the circuit court clerk or
county election board, in the form prescribed by the commission,
affirming under the penalties of perjury that:
(1) the voter is the same individual who:
(A) personally appeared before the precinct election board; and
(B) cast the provisional ballot on election day; and
(2) the voter:
(A) is:
(i) indigent; and
(ii) unable to obtain proof of identification without the
payment of a fee; or
(B) has a religious objection to being photographed;
the county election board shall determine whether the voter has been
challenged for any reason other than the voter's inability or declination
to present proof of identification to the precinct election board.
(d) If the county election board determines that the voter described
in subsection (c) has been challenged solely for the inability or
declination of the voter to provide proof of identification, the county
election board shall:
(1) find that the voter's provisional ballot is valid; and
(2) direct that the provisional ballot be:
(A) opened under section 4 of this chapter; and
(B) processed in accordance with this chapter.
(e) If the county election board determines that a voter described in
subsection (b) or (c) has been challenged for a cause other than the
voter's inability or declination to provide proof of identification, the
board shall:
(1) note on the envelope containing the provisional ballot that the
voter has complied with the proof of identification requirement;
and
(2) proceed to determine the validity of the remaining challenges
set forth in the challenge affidavit before ruling on the validity of
the voter's provisional ballot.
(f) If a voter described by subsection (a) fails by the deadline for
counting provisional ballots referenced in subsection (a) to:
(1) appear before the county election board; and
(2) execute an affidavit in the manner prescribed by subsection (b)
or (c);
the county election board shall find that the voter's provisional ballot is
invalid.
SOURCE: IC 3-11.7-5-3; (05)MO001504.18. -->
SECTION 18. IC 3-11.7-5-3, AS AMENDED BY SEA 483-2005,
IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2005]: Sec. 3. (a) If the board determines that the affidavit executed by
the provisional voter has not been properly executed, that the
provisional voter is not a qualified voter of the precinct, that the voter
failed to provide proof of identification when required under IC 3-10-1,
or IC 3-11-8,
or IC 3-11-10-26, or that the provisional voter did not
register to vote at a registration agency under this article on a date
within the registration period, the board shall make the following
findings:
(1) The provisional ballot is invalid.
(2) The provisional ballot may not be counted.
(3) The provisional ballot envelope containing the ballots cast by
the provisional voter may not be opened.
(b) If the county election board determines that a provisional ballot
is invalid, a notation shall be made on the provisional ballot envelope:
"Provisional ballot determined invalid".".
SOURCE: Page 23, line 36; (05)MO001504.23. -->
Page 23, between lines 36 and 37, begin a new paragraph and insert:
SOURCE: IC 9-24-16-10; (05)MO001504.42. -->
"SECTION 42. IC 9-24-16-10 AS AMENDED BY SEA 483-2005
IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2005]: Sec. 10. (a) The bureau may adopt rules under IC 4-22-2 and
prescribe all forms necessary to implement this chapter. However, the
bureau may not impose a fee for the issuance of:
(1) an original;
(2) a renewal of an; or
(3) a duplicate;
identification card to an individual described in subsection (b).
(b) An identification card must be issued without the payment of a
fee or charge to an individual who:
(1) does not have a valid Indiana driver's license; and
(2) will be at least eighteen (18) years of age at the next general,
municipal, or special election.
(c) The bureau may not require an individual who requests
issuance of an identification card under subsection (b) to produce
a birth certificate to prove identity or age if the individual satisfies
both of the following:
(1) The individual produces a statement from the individual's
physician stating that the individual is at least sixty-five (65)
years of age.
(2) The individual has voted in the two (2) most recent general
elections in which the President of the United States is elected,
as documented by a statement of the county election board of
the county election board in which the individual resides.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 15 as printed March 25, 2005.)
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MO001504/DI 75 2005