SB 480-3_ Filed 04/07/2005, 07:23 Murphy
Adopted 4/7/2005
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that Engrossed Senate Bill 480 be amended to read as follows:
SOURCE: Page 8, line 30; (05)MO048005.8. -->
Page 8, delete lines 30 through 42, begin a new paragraph and insert:
SOURCE: IC 3-11-8-22.1; (05)MO048005.17. -->
"SECTION 17. IC 3-11-8-22.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]:
Sec. 22.1. (a) This subsection
applies to a voter:
(1) whose name does not appear on the poll list for the
precinct; and
(2) who produces a certificate of error issued under
IC 3-7-48-1.
If the voter is not challenged under IC 3-10-1 or this chapter, the
voter must be provided with a regular official ballot. However, as
provided by IC 3-7-48-1(b), if the voter is challenged under
IC 3-10-1 or this chapter, the voter must cast a provisional ballot
after complying with IC 3-7-48-1(b) if the voter wishes to cast a
ballot.
(b) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the
precinct; and
(2) who makes an oral or a written affirmation in compliance
with IC 3-7-48-5 that the voter and continues to reside in the
precinct at the address shown as the voter's former residence
in the voter registration record.
If the voter is not challenged under IC 3-10-1 or this chapter, the
voter must be provided with a regular official ballot. However, as
provided by IC 3-7-48-7.5, if the voter is challenged under
IC 3-10-1 or this chapter, the voter must cast a provisional ballot
after complying with IC 3-7-48-7.5 if the voter wishes to cast a
ballot.
(c) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the
precinct; and
(2) who produces a registration receipt that complies with
IC 3-7-48-7.
If the county election board provides the precinct election board
with the information required under IC 3-7-48-7(2), and the voter
is not challenged under IC 3-10-1 or this chapter, the voter must be
provided with a regular official ballot. However, as provided by
IC 3-7-48-7.5, is the voter is challenged under IC 3-10-1 or this
chapter, the voter must cast a provisional ballot after complying
with IC 3-7-48-7.5 if the voter wishes to cast a ballot.
(d) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the
precinct;
(2) who is not described by subsection (a), (b), or (c).
After the voter is challenged under IC 3-10-1 or this chapter, the
voter shall be provided with a provisional ballot under IC 3-11.7
instead of a regular official ballot if the voter wishes to cast a ballot.
The voter may proceed to cast a provisional ballot after executing
a challenged voter's affidavit under section 22 of this chapter if the
voter wishes to cast a ballot.
(e) This subsection applies to a voter:
(1) whose name appears on the poll list for the precinct; and
(2) who no longer resides in the precinct, but is entitled to vote
at the precinct under IC 3-10-10, IC 3-10-11, or IC 3-10-12.
If the voter executes an affidavit in compliance with IC 3-10-10,
IC 3-10-11, or IC 3-10-12, and the voter is not challenged under
IC 3-10-1 or this chapter, the voter must be provided with a
regular official ballot. However, as provided by IC 3-10-10-9,
IC 3-10-11-4.5, or IC 3-10-12-5, if the voter is challenged under
IC 3-10-1 or this chapter, the voter must cast a provisional ballot
if the voter wishes to cast a ballot.
(f) This subsection applies to a voter:
(1) whose name appears on the poll list for the precinct;
(2) who is not described in subsection (e).
If the voter is challenged under IC 3-10-1 or this chapter, the voter
shall be provided with a provisional ballot under IC 3-11.7 instead
of a regular official ballot if the voter wishes to cast a vote. The
voter may proceed to cast a provisional ballot after executing a
challenged voter's affidavit under section 22 of this chapter if the
voter wishes to cast a ballot.".
SOURCE: Page 9, line 1; (05)MO048005.9. -->
Page 9, delete lines 1 through 12.
Page 9, line 14, after "23." insert " (a) As provided by
IC 3-7-48-7.5, IC 3-10-10-9, IC 3-10-11-4.5, and IC 3-10-12-5, if a
challenged voter has already made an affirmation or executed an
affidavit under any of those sections, the challenged voter is not
required to execute an additional affidavit under this section.
(b)".
Page 9, line 36, after "list" insert ",".
Page 9, line 36, strike "and the individual is not entitled to".
Page 9, line 37, strike "vote".
Page 9, line 37, delete "a regular official ballot".
Page 9, line 37, strike "under IC 3-7-48-1, IC 3-7-48-5,".
Page 9, line 38, strike "IC 3-7-48-7, IC 3-10-10, IC 3-10-11-2, or
IC 3-10-12,".
Page 18, between lines 8 and 9, begin a new paragraph and insert:
SOURCE: IC 3-11.5-4-16; (05)MO048005.30. -->
"SECTION 30. IC 3-11.5-4-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) If an
absentee ballot is challenged under section 15 of this chapter, the
absentee voter's application for an absentee ballot shall be considered
as the affidavit required to be made by a voter when challenged at the
polls while voting in person. In all other respects, the challenge
procedure is the same as though the ballot was cast by the voter in
person.
(b) If a proper affidavit by a qualified person in the form required by
IC 3-11-8-22 IC 3-11-8-22.1 is made that would entitle the absentee
voter to vote if the absentee voter had personally appeared, the couriers
shall return the affidavit to the county election board in the same
envelope as the certificate returned under section 9 of this chapter.
(c) The absentee ballot cast by the challenged voter shall be counted
if the county election board makes the findings required under section
11 of this chapter.".
SOURCE: Page 18, line 14; (05)MO048005.18. -->
Page 18, line 14, strike "not permitted to vote" and insert
"
challenged under IC 3-10-1 or IC 3-11-8 after the voter makes an
oral or a written affirmation under IC 3-7-48-5 or IC 3-7-48-7, or
after the voter produces a certificate of error".
Page 18, line 14, delete "," and insert ".".
Page 18, strike lines 15 through 16.
Page 22, line 42, delete "IC 3-6-4.5-1 IS" and insert "THE
FOLLOWING ARE"
Page 23, line 1, delete "." and insert ": IC 3-6-4.5-1; IC 3-11-8-22.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 480 as printed April 5, 2005.)
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MO048005/DI 75 2005