SB 483-6_ Filed 03/17/2005, 11:19 Mahern


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 483 be amended to read as follows:

SOURCE: Page 12, line 1; (05)MO048318.12. -->     Page 12, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 3-11.7-6-4; (05)MO048318.15. -->     "SECTION 15. IC 3-11.7-6-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) As used in this section, "disenfranchised voter" refers to a voter who satisfies all of the following:
        (1) The voter's provisional ballot was not counted.
        (2) The voter's provisional ballot was entitled to be counted by law.
        (3) The voter's provisional ballot was not counted because of error by any of the following:
            (A) A poll worker.
            (B) The circuit court clerk's office.
            (C) The county voter registration office.
            (D) Any other election official or person given a duty under this title.
    (b) The county election board shall do the following:
        (1) Notify a disenfranchised voter not later than seven (7) days after election day that the voter's provisional ballot was not counted although the voter's provisional ballot was entitled to be counted by law.
        (2) Pay the provisional voter two thousand five hundred ($2,500) dollars.
    (c) A disenfranchised voter has a cause of action against a county election board if the county election board does not comply

with subsection (b).
    (d) If the court finds that a voter who files a cause of action under this section has shown by a preponderance of the evidence that the voter is a disenfranchised voter, the court shall award the following to the disenfranchised voter:
        (1) Damages of two thousand five hundred dollars ($2,500).
        (2) Attorney's fees.
".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 483 as printed March 15, 2005.)

________________________________________

Representative Mahern


MO048318/DI 75     2005