Introduced Version






HOUSE BILL No. 1178

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 3-7; IC 3-10-1; IC 3-11; IC 3-11.5-4-16; IC 3-11.7-2-1.

Synopsis: Voter identification. Provides that, before a voter may vote at the polls, the voter must show identification that contains a photograph of the voter. Removes provisions of the law relating to comparison of a voter's signature at the polls with the voter's signature on the registration record. Repeals superseded statutes concerning voter registration and procedures for admittance of a voter to the polls.

Effective: July 1, 2005.





Burton




    January 6, 2005, read first time and referred to Committee on Elections and Apportionment.







Introduced

First Regular Session 114th General Assembly (2005)


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 2004 Regular Session of the General Assembly.

HOUSE BILL No. 1178



    A BILL FOR AN ACT to amend the Indiana Code concerning elections.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 3-7-27-15; (05)IN1178.1.1. -->     SECTION 1. IC 3-7-27-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 15. (a) This section does not apply to a county acting in accordance with section 21 or section 22 of this chapter. The county voter registration office shall keep all original affidavits or forms of registration in the clerk's or board's office except when the affidavits or forms are in the possession of the precinct election boards for use on election day at the polls. The county voter registration office shall keep any duplicate affidavits or forms at all times in the clerk's or board's office.
    (b) If the original affidavits or forms of registration have been microfilmed or recorded through a similar electronic process authorized under IC 5, any duplicate affidavits may be:
        (1) stored in a secure location outside of the office of the clerk or board; or
        (2) discarded, if a microfilmed or similar electronic record of the duplicate affidavits is stored in a secure location outside of the office of the clerk or board.
SOURCE: IC 3-7-27-22; (05)IN1178.1.2. -->     SECTION 2. IC 3-7-27-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 22. (a) This section applies before January 1, 2006, to a county whose voter registration records are maintained on a computerized system. described by section 20 of this chapter. After December 31, 2005, this section applies to all counties.
    (b) Before January 1, 2006, the county voter registration office may maintain the original affidavits of registration in a secure location outside of the county voter registration office if:
        (1) the county maintains a regularly updated copy of the computerized record; as described in section 21(b) of this chapter; and
        (2) the original affidavits are not located in the same location as the updated copy of the computerized record.
After December 31, 2005, the county voter registration office may maintain the original affidavits of registration in a secure location outside the county voter registration office.
SOURCE: IC 3-7-29-3; (05)IN1178.1.3. -->     SECTION 3. IC 3-7-29-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) This subsection applies before January 1, 2006. When the inspector of a precinct procures the ballots and other election supplies for an election, the inspector shall also procure from the county voter registration office:
        (1) in a county whose registration records are not maintained on a computerized system, described by IC 3-7-27-20, the duplicate copy of the registration record; or
        (2) in a county with a computerized registration system, the certified copies of the registration record of the precinct with the information required under section 1 of this chapter;
and other necessary registration supplies.
    (b) This subsection applies after December 31, 2005. When the inspector of a precinct procures the ballots and other election supplies for an election, the inspector shall also procure from the county voter registration office the certified copies of the registration record of the precinct with the information required under section 1 of this chapter and other necessary registration supplies.
SOURCE: IC 3-7-33-4.5; (05)IN1178.1.4. -->     SECTION 4. IC 3-7-33-4.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4.5. (a) Except as provided in subsection (b), this section applies to an individual who:
        (1) submits an application to register to vote by mail under IC 3-7-22; and
        (2) has not previously voted in:
            (A) a general election in Indiana (or a special election for

federal office in Indiana); or
            (B) a general election (or a special election for federal office) in the county where the individual has submitted an application under this chapter if a statewide voter registration system is not operational in accordance with the requirements of IC 3-7-26 and 42 U.S.C. 15483 on the date the application is received by the county voter registration office.
    (b) This section does not apply to an individual who complies with the requirements in any of the following:
        (1) The individual submits an application to register to vote by mail under this chapter and includes with that mailing a copy of:
            (A) a current and valid photo identification; or
            (B) a current utility bill, bank statement, government check, paycheck, or government document;
        that shows the name and residence address of the voter stated on the voter registration application.
        (2) The individual submits an application to register to vote by mail under this chapter that includes the individual's:
            (A) Indiana driver's license number; or
            (B) last four (4) digits of the individual's Social Security number;
        and the county voter registration office or election division matches the information submitted by the applicant with an existing Indiana identification record bearing the same number, name, and date of birth set forth in the voter registration application.
        (3) The individual is an absent uniformed services voter or overseas voter.
        (4) The individual is entitled to vote other than in person under the federal Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii)) due to a determination by the election division that a permanent or temporarily accessible polling place cannot be provided for the individual.
        (5) The individual is entitled to vote other than in person under any other federal law.
    (c) When a county voter registration office receives a voter registration application by mail, the office shall determine whether the applicant is subject to the requirements to provide additional documentation under this section and 42 U.S.C. 15483.
    (d) As required by 42 U.S.C. 15483, a county voter registration office shall administer the requirements of this section in a uniform and nondiscriminatory manner.


    (e) If the county voter registration office determines that the applicant:
        (1) is not required to submit additional documentation under this section; or
        (2) has provided the documentation required under this section;
the county voter registration office shall process the application in accordance with section 5 of this chapter.
    (f) If the county voter registration office determines that the applicant is required to submit additional documentation under this section and 42 U.S.C. 15483, the office shall process the application under section 5 of this chapter and, if the applicant is otherwise eligible to vote, add the information concerning this documentation to the voter's computerized registration entry. under IC 3-7-27-20(c).
    (g) The county voter registration office shall remove the notation described in subsection (f) after the voter votes in an election for a federal office.
SOURCE: IC 3-7-41-2; (05)IN1178.1.5. -->     SECTION 5. IC 3-7-41-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. The statement described in section 1 of this chapter may be filed with the county voter registration office at any time. A voter who wishes to indicate that the voter's name has changed may also write the necessary information concerning the name change on the poll list under IC 3-11-8-25 IC 3-11-8-25.1 before the person receives a ballot. The person may then vote if otherwise qualified.
SOURCE: IC 3-10-1-7.1; (05)IN1178.1.6. -->     SECTION 6. IC 3-10-1-7.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7.1. (a) This section applies after December 31, 2005.
    (b) Each county election board shall furnish the inspector of each precinct for use on primary election day a certified copy under IC 3-7-29 of the list of all voters registered to vote in the precinct.
    (c) The county voter registration office may also provide the inspector of each precinct in the county a certified photocopy of the signature on the affidavit or form of registration of each voter of the precinct for the comparison of signatures under section 24.6 of this chapter.
    (d) (c) If the name of a person offering to vote at the primary is in the registration record or listed in the certified copy prepared for the precinct, it is sufficient evidence of the person's right to vote unless the person is challenged.
SOURCE: IC 3-10-1-24; (05)IN1178.1.7. -->     SECTION 7. IC 3-10-1-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 24. (a) A voter who desires to vote at a primary election must do both of the following:
        (1)
Give the voter's name and political party to the poll clerks of the precinct on primary election day.
         (2) Show the poll clerks an identification of the voter that contains a photograph of the voter.
     (b) The poll clerks shall require the voter to write the following on the poll list:
        (1) The voter's name.
        (2) Except as provided in subsection (d), (e), the voter's current residence address.
        (3) The name of the voter's party.
    (b) (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.
    (c) (d) If the voter is unable to sign the voter's name, the voter must sign the poll list by mark, which must be witnessed by one (1) of the poll clerks or assistant poll clerks acting under IC 3-6-6, who shall place the poll clerk's or assistant poll clerk's initials after or under the mark.
    (d) (e) After December 31, 2005, each line on a poll list sheet provided to take a voter's current residence address must include a box under the heading "Address Unchanged" so that a voter whose residence address shown on the poll list is the voter's current residence address may check the box instead of writing the voter's current residence address on the poll list.
SOURCE: IC 3-10-1-24.6; (05)IN1178.1.8. -->     SECTION 8. IC 3-10-1-24.6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 24.6. (a) This section applies after December 31, 2005.
    (b) In case of doubt concerning a voter's identity, the precinct election board shall compare the voter's signature with the signature on the affidavit of registration or any certified copy of the signature provided under section 7 of this chapter. If the board determines that the voter's signature is authentic, the voter may then vote.
    (c) (b) If either poll clerk doubts the voter's identity, following the comparison of the signatures, the poll clerk shall challenge the voter in the manner prescribed by IC 3-11-8. If the poll clerk does not execute a challenger's affidavit under IC 3-11-8-21 IC 3-11-8-20 or if the voter executes a challenged voter's affidavit under IC 3-11-8-22 is satisfied, the voter may then vote.
SOURCE: IC 3-11-8-19; (05)IN1178.1.9. -->     SECTION 9. IC 3-11-8-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 19. Voters shall approach and enter the chute in the order in which they appear for the purpose of voting. A voter shall immediately announce the voter's full and true name to the challengers. A challenger may challenge a voter under section 20 of this chapter.
SOURCE: IC 3-11-8-20; (05)IN1178.1.10. -->     SECTION 10. IC 3-11-8-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 20. If a voter offering to vote is challenged by a challenger or by a member of the precinct election board, under this chapter, the person challenging the voter shall reduce the challenge to affidavit form, setting forth succinctly the reasons for the challenge.
SOURCE: IC 3-11-8-22; (05)IN1178.1.11. -->     SECTION 11. IC 3-11-8-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 22. (a) A voter challenged under section 20 of this chapter may vote if all the following are satisfied:
        (1)
The voter makes an affidavit in writing under section 23 of this chapter. and
         (2) Either of the following applies:
            (1) (A) The voter's name appears on the registration list.
            (2) (B) The voter does one (1) of the following:
                (A) (i) Produces a certificate of error issued by a registration official of the county in accordance with IC 3-7-48 showing that the voter is registered in the precinct where the voter resides and offers to vote.
                (B) (ii) Produces an affidavit executed under IC 3-10-10 or IC 3-10-11 if the voter executed an affidavit under those provisions.
                (C) (iii) Makes an oral or a written affirmation under IC 3-10-12.
        (3) A majority of the precinct election board determines that the voter is the individual who appears on the identification produced under section 25.1 of this chapter.
    (b) After December 31, 2003, A voter challenged under section 20 of this chapter:
        (1) whose name does not appear on the registration list; and
        (2) who is not permitted to cast a vote under IC 3-7-48-1, IC 3-7-48-5, IC 3-7-48-7, IC 3-10-10, IC 3-10-11-2, or IC 3-10-12;
is entitled to cast a provisional ballot under IC 3-11.7 if the voter makes an affidavit in writing that the voter is a legal voter of the precinct and a majority of the precinct election board determines

that the voter is the individual who appears on the identification produced under section 25.1 of this chapter.

SOURCE: IC 3-11-8-25.1; (05)IN1178.1.12. -->     SECTION 12. IC 3-11-8-25.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 25.1. (a) This section applies after December 31, 2005.
    (b) (a) After a voter has passed the challengers or has been sworn in, the voter shall be admitted to the polls. Upon entering the polls, the voter shall do both of the following:
        (1)
Announce the voter's name to the poll clerks or assistant poll clerks.
         (2) Show the poll clerks an identification of the voter that contains a photograph of the voter.
     (b) A poll clerk, an assistant poll clerk, or a member of the precinct election board shall require the voter to write the following on the poll list:
        (1) The voter's name.
        (2) Except as provided in subsection (f), the voter's current residence address.
    (c) The poll clerk, an assistant poll clerk, or a member of the precinct election board 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 or update a voter identification number at the polls.
    (d) In case of doubt concerning a voter's identity, the precinct election board shall compare the voter's signature with the signature on the affidavit of registration or any certified copy of the signature provided under IC 3-7-29. If the board determines that the voter's signature is authentic, the voter may then vote.
     (d) If either poll clerk doubts the voter's identity, following comparison of the signatures, the poll clerk shall challenge the voter in the manner prescribed by section 21 section 20 of this chapter. A poll clerk may not challenge a voter under this subsection if:
        (1) the voter was challenged by a challenger under this chapter; and
        (2) section 22 of this chapter has been satisfied.
However, a poll clerk who doubts the identity of the voter may make a notation in the poll book that the poll clerk doubts the identity of the voter.

    (e) If: in a precinct governed by subsection (c):
        (1) the poll clerk does not execute a challenger's affidavit; or
        (2) the voter executes a challenged voter's affidavit under section 22 of this chapter or executed the affidavit before signing the poll list; has been satisfied;
the voter may then vote.
    (f) Each line on a poll list sheet provided to take a voter's current address must include a box under the heading "Address Unchanged" so that a voter whose residence address shown on the poll list is the voter's current residence address may check the box instead of writing the voter's current residence address on the poll list.
SOURCE: IC 3-11-8-25.5; (05)IN1178.1.13. -->     SECTION 13. IC 3-11-8-25.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 25.5. If an individual signs the individual's name and either:
        (1) signs the individual's address; or
        (2) after December 31, 2005, checks the "Address Unchanged" box;
on the poll list under section 25 section 25.1 of this chapter and then leaves the polls without casting a ballot or after casting a provisional ballot, the voter may not be permitted to reenter the polls to cast a ballot at the election.
SOURCE: IC 3-11-8-27; (05)IN1178.1.14. -->     SECTION 14. IC 3-11-8-27 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 27. (a) If a member of a precinct election board is not satisfied that a person who offers to vote is the person who the person represents the person to be, the member may challenge the person and the under section 20 of this chapter.
    (b) A member of the precinct election board may not challenge a voter under subsection (a):
        (1) if the voter was challenged by a challenger or a poll clerk under this chapter; and
        (2) section 22 of this chapter has been satisfied.
However, a member of the precinct election board who doubts the identity of the voter may make a notation in the poll book that the member doubts the identity of the voter.
    (c) A
person challenged under this section may vote only if the person signs the affidavit required to be signed by voters who are challenged under section 20 section 22 of this chapter is satisfied.
SOURCE: IC 3-11-8-27.5; (05)IN1178.1.15. -->     SECTION 15. IC 3-11-8-27.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 27.5. (a) This section applies after December 31, 2003.
    (b) In accordance with 42 U.S.C. 15482, a voter challenged under section 27 of this chapter is entitled to cast a provisional ballot under

IC 3-11.7 after executing the affidavit under section 23 of this chapter.

SOURCE: IC 3-11-8-29; (05)IN1178.1.16. -->     SECTION 16. IC 3-11-8-29 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 29. A precinct election board may not keep a poll list other than the poll list required by section 25 section 25.1 of this chapter.
SOURCE: IC 3-11-10-22; (05)IN1178.1.17. -->     SECTION 17. IC 3-11-10-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 22. If an absentee ballot is challenged under section 21 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. If a proper affidavit is made that would entitle the absentee voter to vote if the absentee voter had personally appeared, then the absentee ballot shall be placed in the ballot box. However, an identification of the voter containing a photograph of the voter is not required to be produced.
SOURCE: IC 3-11.5-4-16; (05)IN1178.1.18. -->     SECTION 18. IC 3-11.5-4-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: 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. However, an identification of the voter containing a photograph of the voter is not required to be produced.
    (b) If a proper affidavit by a qualified person in the form required by IC 3-11-8-22 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: IC 3-11.7-2-1; (05)IN1178.1.19. -->     SECTION 19. IC 3-11.7-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) As provided by 42 U.S.C. 15482, this section applies to the following individuals:
        (1) An individual:
            (A) whose name does not appear on the registration list; and
            (B) who is not permitted to vote under IC 3-7-48-1, IC 3-7-48-5, IC 3-7-48-7, IC 3-10-10, IC 3-10-11-2, or IC 3-10-12.
        (2) An individual described by IC 3-10-1-10.5 IC 3-11-8-23.5, or IC 3-11-8-27.5 who is challenged as not eligible to vote.
        (3) An individual who seeks to vote in an election as a result of a court order (or any other order) extending the time established for closing the polls under IC 3-11-8-8.
    (b) This subsection applies after December 31, 2003. As required by 42 U.S.C. 15483, a voter who has registered to vote but has not:
        (1) presented identification required under 42 U.S.C. 15483 to the poll clerk before voting in person under IC 3-11-8-25; IC 3-11-8-25.1; or
        (2) filed a copy of the identification required under 42 U.S.C. 15483 to the county voter registration office before the voter's absentee ballot is cast;
is entitled to vote a provisional ballot under this article.
    (c) A precinct election officer shall inform an individual described by subsection (a)(1) or (a)(2) that the individual may cast a provisional ballot if the individual:
        (1) is eligible to vote under IC 3-7-13-1;
        (2) submitted a voter registration application during the registration period described by IC 3-7-13-10 (or IC 3-7-36-11, if the voter registered under that section); and
        (3) executes an affidavit described in IC 3-10-1-9 or IC 3-11-8-23; and
        (4) a majority of the precinct election board determines that the voter is the individual who appears on the identification produced under IC 3-11-8-25.1.

    (d) A precinct election officer shall inform an individual described by subsection (a)(3) that the individual may cast a provisional ballot.
    SECTION 20. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2005]: IC 3-7-27-20; IC 3-7-27-21; IC 3-7-29-4; IC 3-11-8-23.5; IC 3-11-8-25; IC 3-11-8-25.2.