SB 483-6_ Filed 03/17/2005, 11:19 Mahern
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
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
(1) The voter's provisional ballot was not counted.
(2) The voter's provisional ballot was entitled to be counted by
(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
(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
(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.)
MO048318/DI 75 2005