February 1, 2005
SENATE BILL No. 419
_____
DIGEST OF SB 419
(Updated January 31, 2005 11:59 am - DI 102)
Citations Affected: IC 3-7; IC 3-11; IC 3-11.5; IC 3-12.
Synopsis: Military and overseas voter enhanced access. Permits the
use of electronic mail to transmit and receive ballots from military
voters and overseas voters through a program authorized and
administered by the United States Department of Defense. Provides
that the federal form serving as both a registration application and
absentee ballot application for military and overseas voters may be
submitted by facsimile (fax) transmission. Specifies which types of
overseas voters are subject to the provision entitling the voter to cast a
ballot for federal offices only. Removes obsolete provisions concerning
the printing of certain ballots by the election division. Requires the
documentation of certain information concerning absentee applications
and ballots cast by military and overseas voters. Conforms state law to
2004 federal legislation requiring the counting of ballots only for
federal offices cast by military voters present within the United States,
and permitting state law to authorize the counting of these ballots
regardless of when a county election board might receive an
application for a regular absentee ballot from a military voter or
overseas voter.
Effective: Upon passage; July 1, 2005.
Steele, Mishler
January 13, 2005, read first time and referred to Committee on Elections and Civic Affairs.
January 31, 2005, reported favorably _ Do Pass.
February 1, 2005
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Conflict reconciliation: Text in a statute in
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between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 419
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 3-7-32-4; (05)SB0419.1.1. -->
SECTION 1. IC 3-7-32-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. A voter may not submit a
registration application by fax or an electronic transmission except as
provided in:
(1) IC 3-11-4 by an absent uniformed services voter or
overseas voter submitting a registration application on the
standard form approved under 42 U.S.C. 1973ff(b); or
(2) after December 31, 2005, IC 3-7-26.3.
SOURCE: IC 3-11-4-6; (05)SB0419.1.2. -->
SECTION 2. IC 3-11-4-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 6. (a) This section applies,
notwithstanding any other provision of this title, to absentee ballot
applications for the following:
(1) An absent uniformed services voter.
(2) An address confidentiality program participant (as defined in
IC 5-26.5-1-6).
(3) An overseas voter.
(b) A county election board shall make blank absentee ballot
applications available for persons covered by this section after
November 20 preceding the election to which the application applies.
Except as provided in subsection (c), the person may apply for an
absentee ballot at any time after the applications are made available.
(c) A person covered by this section may apply for an absentee
ballot for the next scheduled primary, general, or special election at any
time by filing a standard form approved under 42 U.S.C. 1973ff(b).
(d) If the county election board receives an absentee ballot
application from a person described by this section, the circuit court
clerk shall mail to the person, free of postage as provided by 39 U.S.C.
3406, all ballots for the election immediately upon receipt of the ballots
under sections 13 and 15 of this chapter.
(e) In accordance with 42 U.S.C. 1973ff-3, whenever a voter files
an application for an absentee ballot and indicates on the application
that the voter:
(1) is an absent uniformed services voter or an overseas voter; and
(2) does not expect to be in the county on the next general
election day following the date the application is filed and expects
to remain absent from the county until at least the date of the
second general election following the date the application is filed;
the application is an adequate application for an absentee ballot for
both subsequent general elections and any municipal or special election
conducted during that period. The circuit court clerk and county
election board shall process this application and send general election
absentee ballots to the voter in the same manner as other general
election and special election absentee ballot applications and ballots
are processed and sent under this chapter.
(f) Whenever a voter described in subsection (a)(2) files an
application for a primary election absentee ballot and indicates on the
application that the voter is an address confidentiality program
participant, the application is an adequate application for a general
election absentee ballot under this chapter and an absentee ballot for a
special election conducted during the twelve (12) months following the
date of the application. The circuit court clerk and county election
board shall process this application and send general election and
special election absentee ballots to the voter in the same manner as
other general election and special election absentee ballot applications
and ballots are processed and sent under this chapter.
(g) The name, address, telephone number, and any other identifying
information relating to a program participant (as defined in
IC 5-26.5-1-6) in the address confidentiality program, as contained in
a voting registration record, is declared confidential for purposes of
IC 5-14-3-4(a)(1). The county voter registration office may not disclose
for public inspection or copying a name, an address, a telephone
number, or any other information described in this subsection, as
contained in a voting registration record, except as follows:
(1) To a law enforcement agency, upon request.
(2) As directed by a court order.
(h) The county election board shall by fax (or electronic mail when
authorized under this section) transmit an absentee ballot to and
receive an absentee ballot from an absent uniformed services voter or
an overseas voter at the request of the voter. If the voter wants to
submit absentee ballots by fax or electronic mail, the voter must
separately sign and date a statement on the cover of the fax
transmission that states substantively the following: "I understand that
by faxing or e-mailing my voted ballot I am voluntarily waiving my
right to a secret ballot.".
(i) The county election board shall send confirmation to a voter
described in subsection (h) that the voter's absentee ballot has been
received as follows:
(1) If the voter provides a fax number to which a confirmation
may be sent, the county election board shall send the confirmation
to the voter at the fax number provided by the voter.
(2) If the voter provides an electronic mail address to which a
confirmation may be sent, the county election board shall send the
confirmation to the voter at the electronic mail address provided
by the voter.
(3) If:
(A) the voter does not provide a fax number or an electronic
mail address; or
(B) the number or address provided does not permit the board
to send the confirmation not later than the end of the first
business day after the board receives the voter's absentee
ballot;
the county election board shall send the confirmation by United
States mail.
The county election board shall send the confirmation required by this
subsection not later than the end of the first business day after the
county election board receives the voter's absentee ballot.
(j) A county election board may transmit an absentee ballot to
an absent uniformed services voter or an overseas voter by
electronic mail under a program authorized and administered by
the Federal Voting Assistance Program of the United States
Department of Defense. A voter described by this section may
transmit the voted absentee ballot to a county election board by
electronic mail in accordance with the procedures established
under this program. An electronic mail message transmitting a
voted absentee ballot under this subsection must include an
optically scanned image of the voter's signature on the statement
required under subsection (h).
SOURCE: IC 3-11-4-8; (05)SB0419.1.3. -->
SECTION 3. IC 3-11-4-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 8. (a) This section applies to an
overseas voter described in IC 3-5-2-34.5(3).
(a) (b) An overseas voter who resides outside the United States and
who is no longer a resident of a precinct in Indiana is only entitled to
receive absentee ballots for a federal office under this chapter.
(b) (c) A voter described in subsection (a) is considered to be a
voter of the Indiana precinct where the voter registration office of the
county where the person was domiciled before leaving the United
States is located.
SOURCE: IC 3-11-4-12; (05)SB0419.1.4. -->
SECTION 4. IC 3-11-4-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12.
(a) The absentee
ballots for:
(1) President and Vice President of the United States;
(2) United States Senator;
(3) all state offices; and
(4) the ratification or rejection of a public question to be voted for
by the electorate of the entire state or for the retention of a judge
of the Indiana court of appeals;
shall be prepared and printed under the direction of the election
division.
(b) The election division shall have the ballots printed upon
certification of the political party tickets and independent candidates.
(c) Except as provided in subsection (f), ballots prepared under this
section must provide space for the voter to cast a write-in ballot.
(d) (a) The election division shall prepare a special absentee ballot
for use by:
(1) absent uniformed services voters; and
(2) overseas voters;
who will be outside of the United States on general election day.
(e) (b) The ballot described by
subsection (d): subsection (a):
(1) must indicate each state office to be elected by the voters at
the general election;
(2) must set forth each public question to be voted for at the
general election by the electorate of the entire state;
(3) may not state the name of any political party or candidate for
election;
(4) must permit the voter to write in the name of a political party
or a candidate for election to each office; and
(5) must include a notice stating that regular absentee ballots will
be mailed to the voter by the county election board as soon as the
ballots are available.
(f) (c) Space for write-in voting for an office is not required if there
are no declared write-in candidates for that office. However,
procedures must be implemented to permit write-in voting for
candidates for federal offices.
SOURCE: IC 3-11-4-13; (05)SB0419.1.5. -->
SECTION 5. IC 3-11-4-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 13. (a) Except as
provided in subsections (b) and (c), the absentee ballots that are
prepared and printed under the direction of the election division shall
be delivered to the circuit court clerk or the clerk's authorized deputy
not less than forty-five (45) days before a general election or
twenty-nine (29) days before a special election. The absentee ballots
shall be delivered in the same manner that other official ballots are
delivered.
(b) This subsection applies to the printing of absentee ballots for a
general election in which the names of nominees for President and
Vice President of the United States are to be printed on the ballot. The
absentee ballots that are prepared and printed under the direction of the
election division shall be delivered to the circuit court clerk not later
than thirty-eight (38) days before the general election.
(c) An absentee ballot described by section 12(d) section 12(a) of
this chapter shall be delivered by the election division to the circuit
court clerk or the clerk's authorized deputy not later than the first
Monday in June before a general election.
SOURCE: IC 3-11-4-17; (05)SB0419.1.6. -->
SECTION 6. IC 3-11-4-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 17. Upon receipt of an
application for an absentee ballot, a circuit court clerk shall file the
application in the clerk's office and record all of the following:
(1) The voter's name.
(2) The date the application is received.
(3) The date the ballot is sent to the voter.
(4) If mailed, the address to which the ballot is sent.
(5) If transmitted by fax, the fax number to which the ballot is
faxed.
(6) The date the ballot is marked before the clerk or otherwise
received from the voter.
(7) The combined total number of absentee ballots sent by the
county to absent uniformed services voters and overseas
voters.
(8) The total number of absentee ballots returned by voters
described in subdivision (7) in time to be counted.
(9) The total number of absentee ballots described in
subdivision (7) that were counted in whole or in part.
(7) (10) Any other information that is necessary or advisable.
SOURCE: IC 3-11-10-1; (05)SB0419.1.7. -->
SECTION 7. 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.
(b) A voter permitted to transmit the voter's absentee ballots by fax
or electronic mail 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
or electronic mail 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
or
Electronic Mail".
(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 or electronic mail shall be handled and processed as
other absentee ballots received by the circuit court clerk are handled
and processed.
SOURCE: IC 3-11-10-4; (05)SB0419.1.8. -->
SECTION 8. IC 3-11-10-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) Upon receipt of
an absentee ballot, a county election board (or the absentee voter board
in the office of the circuit court clerk) shall immediately examine the
signature of the absentee voter to determine its genuineness.
(b) This subsection does not apply to an absentee ballot cast by a
voter permitted to transmit the voter's absentee ballots by fax or
electronic mail under IC 3-11-4-6. The board shall compare the
signature as it appears upon the envelope containing the absentee ballot
with the signature of the voter as it appears upon the application for the
absentee ballot. The board may also compare the signature on the ballot
envelope with any other admittedly genuine signature of the voter.
(c) This subsection applies to an absentee ballot cast by a voter
permitted to transmit the voter's absentee ballots by fax or electronic
mail under IC 3-11-4-6. The board shall compare the signature as it
appears on the affidavit transmitted with the voter's absentee ballot to
the voter's signature as it appears on the application for the absentee
ballot. The board may also compare the signature on the affidavit with
any other admittedly genuine signature of the voter.
(d) If a member of the absentee voter board questions whether a
signature on a ballot envelope or transmitted affidavit is genuine, the
matter shall be referred to the county election board for consideration
under section 5 of this chapter.
SOURCE: IC 3-11-10-12; (05)SB0419.1.9. -->
SECTION 9. IC 3-11-10-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. (a) Each county
election board shall have all absentee ballots delivered to the precinct
election boards at their respective polls on election day.
(b) The absentee ballots shall be delivered during the hours that the
polls are open and in sufficient time to enable the precinct election
boards to vote the ballots during the time the polls are open.
(c) This subsection applies after December 31, 2003. Along with the
absentee ballots delivered to the precinct election boards under
subsection (a), each county election board shall provide a list certified
by the circuit court clerk. This list must state the name of each voter
subject to IC 3-7-33-4.5 who:
(1) filed the documentation required by IC 3-7-33-4.5 with the
county voter registration office after the printing of the certified
list under IC 3-7-29 or the poll list under IC 3-11-3-18; and
(2) as a result, is entitled to have the voter's absentee ballot
counted if the ballot otherwise complies with this title.
(d) This subsection applies after December 31, 2003. If the county
election board is notified not later than 3 p.m. on election day by the
county voter registration office that a voter subject to IC 3-7-33-4.5 and
not identified in the list certified under subsection (c) has filed
documentation with the office that complies with IC 3-7-33-4.5, the
county election board shall transmit a supplemental certified list to the
appropriate precinct election board. If the board determines that the
supplemental list may not be received before the closing of the polls,
the board shall:
(1) attempt to contact the precinct election board to inform the
board regarding the content of the supplemental list; and
(2) file a copy of the supplemental list for that precinct as part of
the permanent records of the board.
(e) This subsection applies to a special write-in absentee ballot
described in:
(1) 42 U.S.C. 1973ff for federal offices; and
(2) IC 3-11-4-12(d) IC 3-11-4-12(a) for state offices.
If the county election board receives both a special write-in absentee
ballot and the regular absentee ballot described by IC 3-11-4-12 from
the same voter, the county election board shall reject the special
write-in ballot and deliver only the regular absentee ballot to the
precinct election board.
SOURCE: IC 3-11-10-14; (05)SB0419.1.10. -->
SECTION 10. IC 3-11-10-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14. Subject to section
11 of this chapter, absentee ballots received by mail (or by fax or
electronic mail under IC 3-11-4-6) after the county election board has
started the final delivery of the ballots to the precincts on election day
are considered as arriving too late and need not be delivered to the
polls.
SOURCE: IC 3-11-10-17; (05)SB0419.1.11. -->
SECTION 11. IC 3-11-10-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 17. (a) If the inspector
finds under section 15 of this chapter that any of the following applies,
a ballot may not be accepted or counted:
(1) The affidavit is insufficient or the ballot has not been endorsed
with the initials of:
(A) the two (2) members of the absentee voter board in the
office of the circuit court clerk under IC 3-11-4-19 or section
27 of this chapter;
(B) the two (2) members of the absentee voter board visiting
the voter under section 25(b) of the chapter; or
(C) the two (2) appointed members of the county election
board or their designated representatives under IC 3-11-4-19.
(2) A copy of the voter's signature has been furnished to the
precinct election board and that the signatures do not correspond
or there is no signature.
(3) The absentee voter is not a qualified voter in the precinct.
(4) The absentee voter has voted in person at the election.
(5) The absentee voter has not registered.
(6) The ballot is open or has been opened and resealed. This
subdivision does not permit an absentee ballot transmitted by fax
or electronic mail under IC 3-11-4-6 to be rejected because the
ballot was sealed in the absentee ballot envelope by the individual
designated by the circuit court to receive absentee ballots
transmitted by fax or electronic mail.
(7) The ballot envelope contains more than one (1) ballot of any
kind for the same office or public question.
(8) In case of a primary election, if the absentee voter has not
previously voted, the voter failed to execute the proper
declaration relative to age and qualifications and the political
party with which the voter intends to affiliate.
(9) The ballot has been challenged and not supported.
(b) Subsection (c) applies whenever a voter with a disability is
unable to make a signature:
(1) on an absentee ballot application that corresponds to the
voter's signature in the records of the county voter registration
office; or
(2) on an absentee ballot secrecy envelope that corresponds with
the voter's signature:
(A) in the records of the county voter registration office; or
(B) on the absentee ballot application.
(c) The voter may request that the voter's signature or mark be
attested to by:
(1) the absentee voter board under section 25(b) of this chapter;
(2) a member of the voter's household; or
(3) an individual serving as attorney in fact for the voter.
(d) An attestation under subsection (c) provides an adequate basis
for an inspector to determine that a signature or mark complies with
subsection (a)(2).
SOURCE: IC 3-11.5-4-10; (05)SB0419.1.12. -->
SECTION 12. IC 3-11.5-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. Subject to section
7 of this chapter, absentee ballots received by mail (or
by fax
or
electronic mail under IC 3-11-4-6) after noon on election day are
considered as arriving too late and may not be counted.
SOURCE: IC 3-11.5-4-13; (05)SB0419.1.13. -->
SECTION 13. IC 3-11.5-4-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 13. (a) If the absentee
ballot counters find under section 11 of this chapter that any of the
following applies, the ballots shall be rejected:
(1) The affidavit is insufficient or that the ballot has not been
endorsed with the initials of:
(A) the two (2) members of the absentee voter board in the
office of the clerk of the circuit court under IC 3-11-4-19 or
IC 3-11-10-27;
(B) the two (2) members of the absentee voter board visiting
the voter under IC 3-11-10-25; or
(C) the two (2) appointed members of the county election
board or their designated representatives under IC 3-11-4-19.
(2) The signatures do not correspond or there is no signature.
(3) The absentee voter is not a qualified voter in the precinct.
(4) The absentee voter has voted in person at the election.
(5) The absentee voter has not registered.
(6) The ballot is open or has been opened and resealed. This
subdivision does not permit an absentee ballot transmitted by fax
or electronic mail under IC 3-11-4-6 to be rejected because the
ballot was sealed in the absentee ballot envelope by the individual
designated by the circuit court to receive absentee ballots
transmitted by fax
or electronic mail.
(7) The ballot envelope contains more than one (1) ballot of any
kind for the same office or public question.
(8) In case of a primary election, if the absentee voter has not
previously voted, the voter failed to execute the proper
declaration relative to age and qualifications and the political
party with which the voter intends to affiliate.
(9) The ballot has been challenged and not supported.
(b) Subsection (c) applies whenever a voter with a disability is
unable to make a signature:
(1) on an absentee ballot application that corresponds to the
voter's signature in the records of the county voter registration
office; or
(2) on an absentee ballot security envelope that corresponds with
the voter's signature:
(A) in the records of the county voter registration office; or
(B) on the absentee ballot application.
(c) The voter may request that the voter's signature or mark be
attested to by any of the following:
(1) The absentee voter board under section 22 of this chapter.
(2) A member of the voter's household.
(3) An individual serving as attorney in fact for the voter.
(d) An attestation under subsection (c) provides an adequate basis
for the absentee ballot counters to determine that a signature or mark
complies with subsection (a)(2).
(e) If the absentee ballot counters are unable to agree on a finding
described under this section or section 12 of this chapter, the county
election board shall make the finding.
(f) The absentee ballot counters or county election board shall issue
a certificate to a voter whose ballot has been rejected under this section
if the voter appears in person before the board not later than 5 p.m. on
election day. The certificate must state that the voter's absentee ballot
has been rejected and that the voter may vote in person under section
21 of this chapter if otherwise qualified to vote.
SOURCE: IC 3-11.5-5-14; (05)SB0419.1.14. -->
SECTION 14. IC 3-11.5-5-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14. (a) This section
applies to the counting of write-in absentee ballots for:
(1) a federal office received under 42 U.S.C. 1973ff; and
(2) a federal office, state office, or public question under
IC 3-11-4-12(d). IC 3-11-4-12(a).
(b) If a voter writes an abbreviation, a misspelling, or other minor
variation instead of the correct name of a candidate or political party,
that vote shall be counted if the intent of the voter can be determined.
(c) If a voter casts a ballot under this section for President or Vice
President and writes in the name of a candidate or political party that
has not certified a list of electors under IC 3-10-4-5, the vote for
President or Vice President is void. The remaining votes on the ballot
may be counted.
(d) IC 3-12-1-7 applies to a ballot subject to this section.
(e) A ballot subject to this section may not be counted if:
(1) the ballot was submitted from within the United States;
(2) the voter's application for a regular absentee ballot was
received by the circuit court clerk or board of registration less
than thirty (30) days before the election;
(3) the voter's completed regular state absentee ballot was
received by the circuit court clerk or board of registration by the
deadline for receiving absentee ballots under IC 3-11.5-4-7; or
(4) the ballot subject to this section was not received by the circuit
court clerk or board of registration by the deadline for receiving
absentee ballots under IC 3-11.5-4-7.
SOURCE: IC 3-12-2-7.5; (05)SB0419.1.15. -->
SECTION 15. IC 3-12-2-7.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.5. (a) This
section applies to the counting of write-in absentee ballots for:
(1) a federal office received under 42 U.S.C. 1973ff; and
(2) a federal office, state office, or public question under
IC 3-11-4-12(d). IC 3-11-4-12.
(b) If a voter writes an abbreviation, misspelling, or other minor
variation instead of the correct name of a candidate or political party,
that vote shall be counted if the intent of the voter can be determined.
(c) If a voter casts a ballot under this section for President or Vice
President of the United States and writes in the name of a candidate or
political party that has not:
(1) certified a list of electors under IC 3-10-4-5; or
(2) included a list of electors on the declaration for candidacy
filed by a write-in candidate under IC 3-8-2-2.5;
the vote for President or Vice President is void. The remaining votes on
the ballot may be counted.
(d) IC 3-12-1-7 applies to a ballot subject to this section.
(e) A ballot subject to this section may not be counted if:
(1) the ballot was submitted:
(A) by an overseas voter who is not an absent uniformed
services voter; and
(B) from within the United States;
(2) the voter's application for a regular absentee ballot was
received by the circuit court clerk or board of registration less
than thirty (30) days before the election;
(3) (2) the voter's completed regular state absentee ballot was
received by the circuit court clerk or county election board of
registration by the deadline for receiving absentee ballots under
IC 3-11-10-11; or
(4) (3) the ballot subject to this section was not received by the
circuit court clerk or county election board of registration by the
deadline for receiving absentee ballots under IC 3-11-10-11.
SOURCE: IC 3-12-3-5; (05)SB0419.1.16. -->
SECTION 16. IC 3-12-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) If a ballot card is
damaged or defective so that it cannot properly be counted by the
automatic tabulating machines, then a remake team composed of one
(1) person from each of the major political parties of the county shall
have the card prepared for processing so as to record accurately the
intention of the voter insofar as it can be ascertained.
(b) If the ballot card voting system is designed to allow the counting
and tabulation of votes by the precinct election board, the members of
the remake team must be members of the precinct election board in
which the ballot was cast.
(c) If necessary, a true, duplicate copy shall be made of the damaged
ballot card in the presence of witnesses and substituted for the damaged
card. Similarly, a duplicate ballot card shall be made of a defective
card, not including the uncounted votes.
(d) This subsection applies to an absent uniformed services voter or
overseas voter permitted to transmit an absentee ballot by fax or
electronic mail under IC 3-11-4-6. To facilitate the transmittal and
return of the voter's absentee ballot by fax or electronic mail, the
county election board may provide the voter with a paper ballot rather
than a ballot card. The paper ballot must conform with the
requirements for paper ballots set forth in IC 3-10 and IC 3-11. After
the voter returns the ballot by fax or electronic mail, a remake team
appointed under this section shall prepare a ballot card for processing
that accurately records the intention of the voter as indicated on the
paper ballot. The ballot card created under this subsection must be
marked and counted as a duplicate ballot under sections 6 through 7 of
this chapter.
(e) If an automatic tabulating machine fails during the counting and
tabulation of votes following the close of the polls, the county election
board shall immediately arrange for the repair and proper functioning
of the system. The county election board may, by unanimous vote of its
entire membership, authorize the counting and tabulation of votes for
this election on an automatic tabulating machine approved for use in
Indiana by the commission:
(1) until the repair and retesting of the malfunctioning machine;
and
(2) whether or not the machine was tested under IC 3-11-13-22.
SOURCE: ; (05)SB0419.1.17. -->
SECTION 17.
An emergency is declared for this act.