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Indiana General Assembly
House Bill 1407


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House Bill 1407

ARCHIVE (2005)

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DIGEST OF HB 1407 (Updated April 29, 2005 4:22 pm - DI 75)

Various election law matters. Makes the following changes to election law: (1) Changes the certification process for voting systems. (2) Establishes a voting systems technical oversight program. (3) Requires county election boards to perform public tests of electronic voting systems before election day and makes other changes relating to testing voting systems. (4) Establishes civil penalties for violations of statutes concerning the use of voting systems in Indiana. (5) Requires a county that uses a punch card voting system to enter into a contract, not later than July 1, 2005, for a voting system certified for use in Indiana for delivery not later than January 1, 2006. (6) Authorizes the secretary of state to purchase a voting system for the county if the county does not act. (7) Permits a voting system previously certified for use in Indiana to continue to be used after the certification expires if the voting system complies with the requirements of HAVA. (8) Makes other technical changes relating to voting systems. (9) Provides that a person who has been notified of a proposed civil penalty for violation of campaign finance laws may enter into a settlement agreement with the election division. (10) Changes the schedule and requirements for filing campaign finance reports by candidates for a state office. (11) Permits the election division to authorize county adoption of a proposed precinct establishment order submitted by a county if a voter of the county does not file an objection to the proposed order. (12) Requires the counting of a defective provisional ballot that is defective solely because of an act or a failure to act of an election officer unless fraud, tampering, or misconduct affecting the integrity of the ballot is demonstrated. Provides that a county election board can determine by a majority vote of the members not to count such a provisional ballot. (13) Provides for an additional seven days for the certification of election results and the filing of recounts or contests. (14) Provides that personal service upon an individual in a state recount or contest proceeding is not required if the individual's attorney has filed an appearance with the election division and is provided with service. (15) Makes the provision imposing the 1% requirement to determine the amount of the cash deposit needed for a recount consistent for both petitions and cross-petitions. (16) Permits certain parties to a recount or contest to file a joint motion to dismiss before the completion of the recount or contest. (17) Specifies that recounts and contests may be conducted and votes counted for an office only in a precinct within the election district for the office. (18) Amends statutes relating to impoundment of records and equipment by order of the state recount commission. (19) Provides that the state recount commission's authority, in case of fraud or misconduct, to order that none of the ballots cast in a precinct be counted applies to ballots cast by any voting method. (20) Assigns responsibility for custody of original voter registration records for purposes of scanning the records for inclusion of information on the statewide voter registration list. (21) Eliminates the requirement that the governor and the lieutenant governor take the oath of office in the presence of both houses of the general assembly. (22) Requires all full service license branches to be open on the day before election day and on election day to issue driver's licenses and state identification cards. (23) Removes obsolete references to voting machines, punch card voting systems, and paper ballots. (24) Repeals obsolete statutes relating to voting machines.
Current Status:
 Law Enacted
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