MADAM PRESIDENT:
I move
that Engrossed House Bill 1011 be amended to read as follows:
shall be counted, the straight party ticket vote for that office may not be
counted, and the straight party ticket votes for other offices on the ballot
shall be counted. If
(c) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates
of one (1) political party; and
(2) the voter has voted for more than one (1) individual candidate
candidates for the office described in subdivision (2), than the
number of persons to be elected to that office.
The individual candidate votes for that office may not be counted, the
straight party ticket vote for that office may not be counted, and the
straight party ticket votes for other offices on the ballot shall be
counted. If there is an office to which more than one (1) person can be
elected, and a voter votes a straight party ticket and then votes both for
individual candidates in the same political party as the straight ticket
vote and in a different party for that office, or votes for only individuals
in a different party for that office, the individual candidate votes shall
be counted and the straight ticket votes for that office may not be
counted. However, if the number of individual candidate votes for that
office exceeds the number of openings for that office, none of the votes
concerning that office may be counted.
(c) (d) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates
of one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the office
described in subdivision (2) who are:
(A) independent candidates;
(B) candidates of a political party other than the political
party for which the voter cast a straight party ticket under
subdivision (1); or
(C) a combination of candidates described in clauses (A)
and (B).
The individual votes cast by the voter for the office for the
independent candidates and the candidates of a political party
other than the political party for which the voter cast a straight
party ticket shall be counted. The individual votes cast by the voter
for the office for the candidates of the same political party for
which the voter cast a straight party ticket may not be counted.
The straight party ticket vote cast by that voter for that office shall
be counted unless the total number of votes cast for the office by
the voter, when adding the voter's votes for the individual
candidates for the office and the voter's straight party ticket votes
for the office, is greater than the number of persons to be elected
to the office. If the total number of votes cast for the office is
greater than the number of persons to be elected to the office, the
straight party ticket votes for the office may not be counted. The
straight party ticket votes for other offices on the voter's ballot
shall be counted.
(e) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates
of one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the office
described in subdivision (2) who are:
(A) independent candidates or candidates of a political
party other than the political party for which the voter cast
a straight party ticket under subdivision (1); and
(B) candidates of the same political party for which the
voter cast a straight party ticket under subdivision (1).
The individual votes cast by the voter for the office for the
independent candidates and the candidates of a political party
other than the political party for which the voter cast a straight
party ticket shall be counted. The individual votes cast by the voter
for the office for the candidates of the same political party for
which the voter cast a straight party ticket may not be counted.
The straight party ticket vote cast by that voter for that office shall
be counted unless the total number of votes cast for the office by
the voter, when adding the voter's votes for the individual
candidates for the office and the voter's straight party ticket vote
for the office is greater than the number of persons to be elected to
the office. If the total number of votes cast for the office is greater
than the number of persons to be elected to the office, the straight
party ticket votes for that office may not be counted. The straight
party ticket votes for other offices on the voter's ballot shall be
counted.
(d) (f) If a voter votes a straight party ticket for more than one (1)
political party, the whole ballot is void with regard to all candidates
nominated by a political party or designated as independent candidates
on the ballot. However, the voter's vote for a school board candidate or
on a public question shall be counted if otherwise valid under this
chapter.
(e) (g) If a voter does not vote a straight party ticket and the number
of votes cast by that voter for the candidates for an office are less than
or equal to the number of openings for that office, the individual
candidates votes shall be counted.
(f) (h) If a voter does not vote a straight party ticket and the number
of votes cast by that voter for an office exceeds the number of openings
for that office, none of the votes concerning that office may be
counted.".
[EFFECTIVE UPON PASSAGE]: IC 3-11-7-7; 3-11-7-8; IC 3-11-7-9;
IC 3-11-7-10; IC 3-11-7-11.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1011 as printed February 15, 2006.)