SB 15-3_ Filed 02/01/2005, 10:58 Lawson C

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 15 be amended to read as follows:

SOURCE: Page 4, line 17; (05)MO001501.4. -->     Page 4, line 17, after "mailed," insert ", transmitted by fax,".
    Page 6, line 20, delete "(d)".
    Page 6, line 20, after "2003." insert " (d)".
    Page 10, between lines 18 and 19, begin a new paragraph and insert:
SOURCE: IC 3-11-10-1; (05)MO001501.9. -->     "SECTION 9. IC 3-11-10-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) A voter voting by absentee ballot shall make and subscribe to the affidavit prescribed by IC 3-11-4-21. The voter then shall, except as provided in subsection (b), do the following:
        (1) Mark the ballot in the presence of no other person.
        (2) Fold each ballot separately.
        (3) Fold each ballot so as to conceal the marking.
        (4) Enclose each ballot, with the seal and signature of the circuit court clerk on the outside, together with any unused ballot, in the envelope provided.
        (5) Securely seal the envelope.
        (6) Do one (1) of the following:
            (A) Mail the envelope to the county election board, with not more than one (1) ballot per envelope.
            (B) Deliver the envelope to the county election board in person.
            (C) Deliver the envelope to a member of the voter's household or a person designated as the attorney in fact for the voter under IC 30-5 for delivery to the county election board:
                (i) in person;
                (ii) by United States mail; or
                (iii) by a bonded courier company.

    (b) A voter permitted to transmit the voter's absentee ballots by fax under IC 3-11-4-6 is not required to comply with subsection (a). The individual designated by the circuit court clerk to receive absentee ballots transmitted by fax shall do the following upon receipt of an

absentee ballot transmitted by fax:
        (1) Note the receipt of the absentee ballot in the records of the circuit court clerk as other absentee ballots received by the circuit court clerk are noted.
        (2) Fold each ballot received from the voter separately so as to conceal the marking.
        (3) Enclose each ballot in a blank absentee ballot envelope.
        (4) Securely seal the envelope.
        (5) Mark on the envelope: "Absentee Ballot Received by Fax".
        (6) Securely attach to the envelope the faxed affidavit received with the voter's absentee ballots.
    (c) Except as otherwise provided in this title, absentee ballots received by fax shall be handled and processed as other absentee ballots received by the circuit court clerk are handled and processed.".

SOURCE: Page 14, line 41; (05)MO001501.14. -->     Page 14, line 41, delete "(c)".
    Page 14, line 41, after "December 20" insert " (c)".
    Page 17, line 31, delete "household" and insert "household,".
    Page 17, line 31, strike "or".
    Page 17, line 32, after "voter," insert " or".
    Page 21, line 6, after "one" insert " (1)".
    Page 21, line 26, after "(3)" insert " except for a voter who is:
            (A) the person's spouse;
            (B) an incapacitated person (as defined in IC 29-3-1-7.5) for whom the person has been appointed the guardian (as defined in IC 29-3-1-6); or
            (C) a member of the person's household;
".
    Page 21, line 26, beginning with "in" begin a new line block indented.
    Renumber all SECTIONS consecutively.
    (Reference is to SB 15 as printed January 25, 2005.)

________________________________________

Senator LAWSON C


MO001501/DI 102
2005