HB 1011-12_ Filed 02/23/2006, 09:40 Lawson C
Adopted 2/23/2006

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1011 be amended to read as follows:

SOURCE: Page 46, line 30; (06)MO101110.46. -->     Page 46, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: IC 3-11-7-6; (06)MO101110.96. -->     "SECTION 96. IC 3-11-7-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 6. If a voter votes a straight party ticket and also votes for one (1) or more individual candidates who are all of the same political party as the straight ticket vote, A ballot card voting system must count the a ballot in accordance with IC 3-12-1-7 when a voter votes a straight ticket vote and not the votes for individual candidate votes candidates as required described by IC 3-12-1-7(a). IC 3-12-1-7.".
SOURCE: Page 72, line 31; (06)MO101110.72. -->     Page 72, between lines 31 and 32, begin a new paragraph and insert:
SOURCE: IC 3-12-1-7; (06)MO101110.125. -->     "SECTION 125. IC 3-12-1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 7. (a) If This subsection applies whenever a voter:
         (1) votes a straight party ticket; and also
         (2) votes only for one (1) or more individual candidates who are all of the same political party as the straight ticket vote.
The straight ticket vote shall be counted and the individual candidate votes may not be counted.
    (b) The vote for an office on a ballot shall be counted in accordance with This subsection applies whenever:
        (1) a voter has voted a straight party ticket for the candidates of one (1) political party;
        (2) only one (1) person may be elected to that an office; and
        (3) the voter has voted for one (1) or more individual candidates candidate for the office described in subdivision (2) who are in is:
            (A) a candidate of
a political party other than the party for which the voter voted a straight ticket; or
            (B) an independent candidate for the office.

If the voter has voted for one (1) individual candidate for the office described in subdivision (2), the individual candidate vote for that office

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.
    (c) 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.
     (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 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.".

SOURCE: Page 79, line 31; (06)MO101110.79. -->     Page 79, between lines 31 and 32, begin a new paragraph and insert:
SOURCE: IC 3-11-7-7; 3-11-7-8; IC 3-11-7-9; IC 3-11-7-10; IC 3- 11-7-11.".
; (06)MO101110.142. -->     "SECTION 142. THE FOLLOWING ARE REPEALED
[EFFECTIVE JANUARY 1, 2007]: 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.)

________________________________________

Senator LAWSON C


MO101110/DI 102
2006