SB 37-1_ Filed 01/24/2006, 09:22
Adopted 1/24/2006

COMMITTEE REPORT

MADAM PRESIDENT:

    The Senate Committee on Elections and Civic Affairs, to which was referred Senate Bill No. 37, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 1, line 1; (06)CR003701.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 3-5-2-49.9; (06)CR003701.1. -->     "SECTION 1. IC 3-5-2-49.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 49.9. (a) "Vote center" means a polling place where a voter who resides in the county in which the vote center is located may vote without regard to the precinct in which the voter resides.
    (b) This section expires December 31, 2009.
".
SOURCE: Page 14, line 3; (06)CR003701.14. -->     Page 14, between lines 3 and 4, begin a new paragraph and insert:
SOURCE: IC 3-7-39-8; (06)CR003701.33. -->     "SECTION 33. IC 3-7-39-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) This section applies to a voter who changes residence from a precinct in a county to another precinct in the same county.
    (b) As required under 42 U.S.C. 1973gg-6(f), the circuit court clerk or board of county voter registration office:
        (1) shall correct the address shown on the voter registration records for a voter subject to this section; and
        (2) may not remove the voter from the voter registration records due to a change of address, except as provided in IC 3-7-44. this title.
    (c) A voter described in this section, who is otherwise eligible to vote, may vote as provided in IC 3-10-11 or IC 3-10-12.".
SOURCE: Page 20, line 7; (06)CR003701.20. -->     Page 20, between lines 7 and 8, begin a new paragraph and insert:
SOURCE: IC 3-8-2-2.6; (06)CR003701.51. -->     "SECTION 51. IC 3-8-2-2.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.6. (a) This section applies to a write-in candidate for a school board office to be elected on the same election day that a primary election is conducted.
    (b) A:
        (1) declaration of intent to be a write-in candidate; or
        (2) withdrawal of a declaration;
must be subscribed and sworn to before an individual authorized to administer oaths.
    (c) A declaration of intent to be a write-in candidate for a school board office must be filed:
        (1) not earlier than the first date specified in IC 3-8-6-10(b) for the timely filing of a petition of nomination; and
        (2) not later than noon seventy-four (74) days before the primary election.
    (d) A candidate may withdraw a declaration of intent filed under subsection (c) not later than noon seventy-one (71) days before the primary election.
    (e) A question concerning the validity of a declaration of intent to be a write-in candidate for a school board office must be filed with the county election board under IC 3-8-1-2(c) not later than noon sixty-seven (67) days before the date of the primary election. The county election board shall determine all questions regarding the validity of the declaration not later than noon fifty-four (54) days before the date of the primary election.

SOURCE: IC 3-8-2-2.7; (06)CR003701.52. -->     SECTION 52. IC 3-8-2-2.7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.7. (a) This subsection does not apply to a write-in candidate for school board office who is subject to section 2.6(c) of this chapter. A candidate may withdraw a declaration of intent to be a write-in candidate not later than noon July 15 before a general or municipal election.
    (b) This subsection applies to a candidate who filed a declaration of intent to be a write-in candidate with the election division. The election division shall issue a corrected certification of write-in candidates under

IC 3-8-7-30 as soon as practicable after a declaration is withdrawn under this section.

SOURCE: IC 3-8-2-4; (06)CR003701.53. -->     SECTION 53. IC 3-8-2-4, AS AMENDED BY P.L.230-2005, SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) A declaration of candidacy for a primary election must be filed not later than noon seventy-four (74) days and not earlier than one hundred four (104) days before the primary election. The declaration must be subscribed and sworn to before a person authorized to administer oaths.
    (b) This subsection does not apply to a write-in candidate for school board office who is subject to section 2.6(c) of this chapter. A declaration of intent to be a write-in candidate must be filed:
        (1) not earlier than the first date specified in IC 3-8-6-10(b) for the timely filing of a petition of nomination; and
        (2) not later than noon on the date specified by IC 3-13-1-15(c) for a major political party to file a certificate of candidate selection.
The declaration must be subscribed and sworn to before a person authorized to administer oaths.
    (c) During a year in which a federal decennial census, federal special census, special tabulation, or corrected population count becomes effective under IC 1-1-3.5, a declaration of:
        (1) candidacy may be filed for an office that will appear on the primary election ballot; or
        (2) intent to be a write-in candidate for an office that will appear on the general, municipal, or school board election ballot;
that year as a result of the new tabulation of population or corrected population count.".
SOURCE: Page 20, line 9; (06)CR003701.20. -->     Page 20, line 9, delete "[EFFECTIVE".
    Page 20, line 10, delete "JULY 1, 2006]" and insert "[EFFECTIVE UPON PASSAGE]".
    Page 22, between lines 19 and 20, begin a new paragraph and insert:
SOURCE: IC 3-9-5-6; (06)CR003701.57. -->     "SECTION 57. IC 3-9-5-6, AS AMENDED BY P.L.221-2005, SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) This subsection applies to a candidate's committee other than a candidate's committee of a candidate for a state office. Except as otherwise provided in this chapter, each committee, the committee's treasurer, and each candidate

shall complete a report required by this chapter current and dated as of the following dates:
        (1) Twenty-five (25) days before the nomination date.
        (2) Twenty-five (25) days before the general, municipal, or special election.
        (3) The annual report filed and dated as required by section 10 of this chapter.
    (b) This subsection applies to a regular party committee. Except as otherwise provided in this chapter, each committee and the committee's treasurer shall complete a report required by this chapter current and dated as of the following dates:
        (1) Twenty-five (25) days before a primary election.
        (2) Twenty-five (25) days before a general, municipal, or special election.
        (3) The date of the annual report filed and dated as required under section 10 of this chapter.
    (c) This subsection applies to a legislative caucus committee. Except as otherwise provided in this chapter, each committee and the committee's treasurer shall complete a report required under this chapter current and dated as of the following dates:
        (1) Twenty-five (25) days before a primary election conducted in an even-numbered year.
        (2) Twenty-five (25) days before a general election conducted in an even-numbered year.
        (3) The date of the annual report filed and dated as required under section 10 of this chapter.
A legislative caucus committee is not required to file any report concerning the committee's activity during an odd-numbered year other than the annual report filed and dated under section 10 of this chapter.
    (d) This subsection applies to a political action committee. Except as otherwise provided in this chapter, each committee and the committee's treasurer shall complete a report required by this chapter current and dated as of the following dates:
        (1) Twenty-five (25) days before a primary election.
        (2) Twenty-five (25) days before a general, municipal, or special election.
        (3) The date of the annual report filed and dated as required under section 10 of this chapter.


    (e) This subsection applies to a candidate's committee of a candidate for a state office. A candidate's committee is not required to file a report under section 8.2, 8.4, or 8.5 of this chapter. For a year in which an election to the state office is held, the treasurer of a candidate's committee shall file the following reports:
        (1) A report covering the period from January 1 through March 31 of the year of the report. A report required by this subdivision must be filed not later than noon April 15 of the year covered by the report.
        (2) A report covering the period from April 1 through June 30 of the year of the report. A report required by this subdivision must be filed not later than noon July 15 of the year covered by the report.
        (3) A report covering the period from July 1 through September 30 of the year of the report. A report required by this subdivision must be filed not later than noon October 15 of the year covered by the report.
        (4) A report covering the period from October 1 of the year of the report through the date that is fifteen (15) days before the date of the election. A report required by this subdivision must be filed not later than noon seven (7) days before the date of the election.
        (5) A report covering the period from the date that is fifteen (15) fourteen (14) days before the date of the election through December 31 of the year of the report. A report required by this subdivision must:
            (A) provide cumulative totals from January 1 through December 31 of the year of the report; and
            (B) be filed not later than the deadline specified in section 10 of this chapter.
SOURCE: IC 3-9-5-8; (06)CR003701.58. -->     SECTION 58. IC 3-9-5-8, AS AMENDED BY P.L.221-2005, SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) This section:
        (1) applies to a candidate for nomination to an office in a convention who becomes a candidate less than twenty-five (25) days before the nomination date for a candidate chosen at a convention; and
        (2) does not apply to a candidate for nomination to a state office by a major political party at a convention conducted under

IC 3-8-4.
    (b) A candidate is not required to file a report in accordance with section 6(a)(1) of this chapter. The candidate shall file the candidate's first report not later than noon twenty (20) days after the nomination date for a candidate chosen at a convention.
    (c) The reporting period for the first report required for a candidate begins on the date that the individual became a candidate and ends on the day following the adjournment of the convention.".

SOURCE: Page 28, line 26; (06)CR003701.28. -->     Page 28, between lines 26 and 27, begin a new paragraph and insert:
SOURCE: IC 3-11-1.5-14; (06)CR003701.70. -->     "SECTION 70. IC 3-11-1.5-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) A county executive must submit a proposed precinct establishment order to the co-directors before the county executive establishes a precinct under this chapter.
     (b) To ensure sufficient time for review to determine whether a proposed precinct establishment order complies with this chapter, the co-directors may fix a date and time by which a county executive must submit an order under section 15 of this chapter if the county wishes to have the proposed order take effect before the beginning of the next period specified under section 25 of this chapter. The election division shall notify each county election board of the date fixed under this subsection at least ninety (90) days before the date occurs.
    (c) If a county submits an order after the date and time fixed under subsection (b), the co-directors may review the order only after completing the review of orders submitted in compliance with subsection (b).
    (d) This subsection applies to an order submitted after the date and time fixed under subsection (b). If the co-directors are unable to determine whether a proposed order complies with this chapter before the beginning of the next period specified under section 25 of this chapter, the co-directors shall complete the review so that, if the proposed order is otherwise approved under this chapter, the order may take effect following the end of the next period specified under section 25 of this chapter.

SOURCE: IC 3-11-1.5-18; (06)CR003701.71. -->     SECTION 71. IC 3-11-1.5-18, AS AMENDED BY P.L.221-2005, SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 18. (a) If the election division

determines that the proposed precinct establishment order would comply with this chapter, the election division shall issue an order authorizing the county executive to establish the proposed precincts.
    (b) The order issued by the election division under subsection (a) must state that the election division finds that the proposed precincts would comply with the standards set forth in this chapter. The election division shall promptly provide a copy of the order to the county executive.
    (c) The county executive must give notice of the proposed order to the voters of the county by one (1) publication under IC 5-3-1-4. The notice must state the following:
        (1) The name of each existing precinct whose boundaries would be changed by the adoption of the proposed order by the county.
        (2) That any registered voter of the county may object to the proposed order by filing a sworn statement with the election division setting forth the voter's specific objections to the proposed order and requesting that a hearing be conducted by the commission under IC 4-21.5.
        (3) The mailing address of the election division.
        (4) The deadline for filing the objection with the election division under this section.
    (d) An objection to a proposed precinct establishment order must be filed not later than noon ten (10) days after the publication of the notice by the county executive.
    (e) If an objection is not filed with the election division by the date and time specified under subsection (d), the election division shall promptly notify the county executive. The county executive may proceed immediately to adopt the proposed order.
    (f) If an objection is filed with the election division by the date and time specified under subsection (d), the election division shall promptly notify the county executive. The county executive may not adopt the proposed order until the commission conducts a hearing under IC 4-21.5 and determines whether the proposed precincts would comply with the standards set forth in this chapter.
     (g) If the co-directors determine that the expiration of the ten (10) day period described in subsection (d) will occur:
        (1) after the next period specified under section 25 of this chapter begins; or


        (2) without sufficient time for a county or an objector to receive notice of a hearing before the commission concerning an objection before the next period specified under section 25 of this chapter begins;
the co-directors may request a hearing before the commission under section 21 of this chapter and notify the county executive of the request.

SOURCE: IC 3-11-1.5-21; (06)CR003701.72. -->     SECTION 72. IC 3-11-1.5-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 21. (a) If the county executive believes that the proposed order described by section 19 of this chapter complies with this chapter, the county executive may resubmit the order to the co-directors and request a hearing before the commission.
     (b) The co-directors may request a hearing before the commission under section 18(g) of this chapter.
    (c)
The hearing under this section shall be conducted in accordance with IC 4-21.5.
    (b) (d) If the commission determines that the proposed precinct establishment order complies with this chapter, the co-directors shall advise the county executive that the order complies with this chapter and may be issued by the county executive.".
SOURCE: Page 29, line 3; (06)CR003701.29. -->     Page 29, line 3, delete "circuit court clerk or board of" and insert " county voter".
    Page 29, line 3, after "registration" delete "." and insert " office.".
    Page 29, line 32, reset in roman "of".
    Page 29, line 33, reset in roman "ANY party".
    Page 30, between lines 15 and 16, begin a new paragraph and insert:
SOURCE: IC 3-11-3-22; (06)CR003701.79. -->     "SECTION 79. IC 3-11-3-22, AS AMENDED BY P.L.221-2005, SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 22. (a) Each county election board shall have printed in at least 14 point type on cards in English, braille, and any other language that the board considers necessary, the following:
        (1) Instructions for the guidance of voters in preparing their ballots.
        (2) Instructions explaining the procedure for write-in voting.
        (3) Write-in voting notice cards that must be posted in each precinct that utilizes a ballot card voting system that does not

permit a voter to alter the voter's ballot after making a voting mark for a write-in voting. candidate so that the voter may vote for a candidate for that office whose name appears on the ballot.
    (b)
The write-in notice cards described in subsection (a)(3) must direct inform all voters that a voter:
        (1)
who want wants to cast write-in votes to request a write-in ballot from an election official. may cast the voter's ballot on the voting system required to be available to all voters in the precinct under IC 3-11-15-13.3(e); and
        (2) may choose to cast the voter's ballot on the voting system described in subdivision (1) without being required to indicate to any individual that the voter wishes to cast a ballot on the voting system because the voter intends to cast a ballot for a write-in candidate.

    (b) (c) The board shall furnish the number of cards it determines to be adequate for each precinct to the inspector at the same time the board delivers the ballots for the precinct and shall furnish a magnifier upon request to a voter who requests a magnifier to read the cards.".

SOURCE: Page 33, line 36; (06)CR003701.33. -->     Page 33, line 36, reset in roman "(f)".
    Page 33, line 36, delete "each" and insert "Each".
    Page 33, line 36, reset in roman "county shall purchase at".
    Page 33, reset in roman lines 37 through 38.
    Page 33, between lines 38 and 39, begin a new paragraph and insert:
SOURCE: IC 3-11-6.5-5; (06)CR003701.83. -->     "SECTION 83. IC 3-11-6.5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2006 (RETROACTIVE)]: Sec. 5. (a) If a county's application is approved under section 4 of this chapter, the secretary of state with the consent of the co-directors of the election division shall, subject to this section, reimburse the county from the fund an amount to be determined by the secretary of state with the consent of the co-directors of the election division.
    (b) Payment of money from the fund is subject to the availability of money in the fund and the requirements of this chapter and HAVA.
    (c) It is the intent of the general assembly that a county eligible for reimbursement under section 4 of this chapter be reimbursed from federal money received by the state to the maximum extent permitted by federal law.
    (d) This section expires January 1, 2006.".
SOURCE: Page 50, line 2; (06)CR003701.50. -->     Page 50, line 2, delete "[EFFECTIVE".
    Page 50, line 3, delete "JULY 1, 2006]" and insert "[EFFECTIVE UPON PASSAGE]".
    Page 50, line 13, strike "July 1, 2003;" and insert " October 1, 2005;".
    Page 50, line 14, strike "July 1, 2003;" and insert " October 1, 2005;".
    Page 50, between lines 34 and 35, begin a new paragraph and insert:
SOURCE: IC 3-11-18; (06)CR003701.106. -->     "SECTION 106. IC 3-11-18 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 18. Vote Centers
    Sec. 1. This chapter applies to a county designated as a vote center pilot county under this chapter.
    Sec. 2. The secretary of state may designate a county as a vote center pilot county under this chapter.
    Sec. 3. For a county to be designated a vote center pilot county:
        (1) the county election board (or board of elections and registration established under IC 3-6-5.2 or IC 3-6-5.4), by unanimous vote of the entire membership of the board, must approve the filing of an application to be designated a vote center pilot county;
        (2) all members of the board must sign the application; and
        (3) the application must be filed with the secretary of state.

    Sec. 4. The application must include a plan for the administration of vote centers in the county. The plan must include at least the following:
        (1) The total number of vote centers to be established.
        (2) The location of each vote center and the municipality, if any, in which the vote center is located.
        (3) A list of each municipality within the county that is entitled to conduct a municipal primary or municipal election, as of the date of the application.
        (4) The total number of voters within each municipality, as of the date of the application, and the number of those voters within each municipality designated as "active" and "inactive" according to the county voter registration office.
        (5) For each vote center designated under subdivision (2), a

list of the precincts whose polls will be located at the vote center.
        (6) For each vote center designated under subdivision (2), the number of precinct election boards that will be appointed to administer an election at the vote center.
        (7) For each precinct election board designated under subdivision (6), the number and name of each precinct the precinct election board will administer.
        (8) For each vote center designated under subdivision (2), the number and title of the precinct election officers who will be appointed to serve at the vote center.
        (9) For each vote center designated under subdivision (2):
            (A) the number and type of ballot variations that will be provided at the vote center; and
            (B) whether these ballots will be:
                (i) delivered to the vote center before the opening of the polls; or
                (ii) printed on demand for a voter's use.
        (10) A detailed description of any hardware, firmware, or software used:
            (A) to create an electronic poll list for each precinct whose polls are to be located at a vote center; or
            (B) to establish a secure electronic connection between the county election board and the precinct election officials administering a vote center.
        (11) A description of the equipment and procedures to be used to ensure that information concerning a voter entered into any electronic poll list used by precinct election officers at a vote center is immediately accessible to:
            (A) the county election board; and
            (B) the electronic poll lists used by precinct election officers at all other vote centers in the county.
        (12) For each precinct designated under subdivision (5), the number of electronic poll lists to be provided for the precinct.
        (13) The security and contingency plans to be implemented by the county to:
            (A) prevent a disruption of the vote center process; and
            (B) ensure that the election is properly conducted if a

disruption occurs.
        (14) A certification that the vote center complies with the accessibility requirements applicable to polling places under IC 3-11-8.
        (15) A sketch depicting the planned layout of the vote center, indicating the location of:
            (A) equipment; and
            (B) precinct election officers;
        within the vote center.
        (16) The total number of vote centers to be established at satellite offices that are established under IC 3-11-10-26.3 to allow voters to cast absentee ballots in accordance with IC 3-11.
    Sec. 5. (a) Except for a municipality described in subsection (b), a plan must provide a vote center for use by voters residing in each municipality within the county conducting a municipal primary or a municipal election.
    (b) A vote center may not be used in a municipal primary or municipal election conducted within a municipality that is partially located in a county that has not been designated a vote center pilot county.
    Sec. 6. When the total number of voters designated under section 4(4) of this chapter as "active" equals at least twenty-five thousand (25,000) in the municipalities listed in the plan, the following applies:
        (1) The plan must provide for at least one (1) vote center for each ten thousand (10,000) active voters.
        (2) In addition to the vote centers designated in subdivision (1), the plan must provide for a vote center for any fraction of ten thousand (10,000) voters.
    Sec. 7. Before approving an application to designate a county as a vote center pilot county under this chapter, the secretary of state must determine the following:
        (1) That the secure electronic connection as described under section 4(10)(B) of this chapter is sufficient to prevent:
            (A) any voter from voting more than once; and
            (B) unauthorized access by any person to:
                (i) the electronic poll lists for a precinct whose polls are

to be located at the vote center; or
                (ii) the computerized list of voters of the county.
        (2) That the planned design and location of the equipment and precinct election officers will provide the most efficient access for:
            (A) voters to enter the polls, cast their ballots, and leave the vote center; and
            (B) precinct election officers, watchers, challengers, and pollbook holders to exercise their rights and perform their duties within the vote center.
    Sec. 8. The designation of a county as a vote center pilot county takes effect immediately unless otherwise specified by the secretary of state.
    Sec. 9. The county executive shall publish notice of the location of each vote center in accordance with IC 3-11-8-3.2.
    Sec. 10. (a) An order issued by a county to:
        (1) designate the polls for a precinct or to locate the polls for a precinct at the polls for an adjoining precinct under IC 3-10 or IC 3-11; or
        (2) omit precinct election officers under IC 3-6-6-38 at a specified precinct;
is suspended during the period that the voters of that precinct are entitled to cast a ballot at a vote center.
    (b) An order suspended under subsection (a) is revived and in full force and effect without further action by a county when the voters of that precinct are no longer entitled to cast a ballot at a vote center under this chapter.
    Sec. 11. Except as otherwise provided by this chapter, the county shall administer an election conducted at a vote center in accordance with federal law, IC 3, and the plan submitted with the application under section 4 of this chapter.
    Sec. 12. Notwithstanding any other law, a voter who resides in a vote center pilot county is entitled to cast an absentee ballot at a vote center located at a satellite office of the county election board established under IC 3-11-10-26.3 in the same manner and subject to the same restrictions applicable to a voter wishing to cast an absentee ballot before an absentee board located in the office of the circuit court clerk or board of elections and registration.


    Sec. 13. Notwithstanding any other law, the electronic poll list used at each vote center:
        (1) must be capable of capturing an electronic image of the signature of a voter on the list; and
        (2) may be in a format approved by the secretary of state.
    Sec. 14. Notwithstanding any other law, including IC 3-11-8-2 and IC 3-14-2-11, a voter who resides in a vote center pilot county is entitled to cast a ballot at any vote center established in the county without regard to the precinct in which the voter resides.
    Sec. 15. (a) In addition to the precinct election officers appointed under IC 3-6-6, a county election board by the unanimous vote of the entire membership may appoint one (1) or more greeters to:
        (1) direct voters entering the vote center to the appropriate location for the voters to sign the electronic poll list; and
        (2) provide other instructions to facilitate the efficient movement of individuals within the vote center.
    (b) An individual appointed as a greeter under this section must bear credentials issued by the county election board stating the name of the individual and the individual's status as a greeter.
    Sec. 16. The precinct election board administering an election at a vote center shall keep the ballots cast in each precinct separate from the ballots cast in any other precinct whose election is administered at the vote center, so that the votes cast for each candidate and on each public question in each of the precincts administered by the board may be determined.
    Sec. 17. (a) The secretary of state may permit a county to amend a plan submitted under section 4 of this chapter.
    (b) For a county to amend its plan:
        (1) the county election board (or board of elections and registration established under IC 3-6-5.2 or IC 3-6-5.4), by unanimous vote of the entire membership of the board, must approve the filing of a request to amend the plan;
        (2) all members of the board must sign the request; and
        (3) the request must be filed with the secretary of state.
    (c) The request for amendment must set forth the specific amendments proposed to be made to the plan.
    Sec. 18. The designation of a county as a vote center pilot county may be revoked by the secretary of state:
        (1) following the filing of a request for revocation approved by the unanimous vote of the entire membership of the county election board (or board of elections and registration established under IC 3-6-5.2 or IC 3-6-5.4) and signed by all members of the board; or
        (2) upon a determination by the secretary of state that the administration of the vote center pilot program within the county does not comply with:
            (A) federal or state law; or
            (B) the plan submitted under section 4 of this chapter.
    Sec. 19. Notwithstanding IC 4-22-2, the secretary of state may adopt guidelines to administer the pilot program under this chapter.
    Sec. 20. This chapter expires December 31, 2009.
".
SOURCE: Page 51, line 24; (06)CR003701.51. -->     Page 51, between lines 24 and 25, begin a new paragraph and insert:
SOURCE: IC 3-12-6-4; (06)CR003701.108. -->     "SECTION 108. IC 3-12-6-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. A candidate who is nominated or elected to an office at an election on the face of the election returns may file a verified cross-petition for a recount no later than noon fourteen (14) twenty-one (21) days after election day. If a petition for a recount is filed for an office for which voters in more than one (1) county vote, a cross-petition for a recount may be filed in a county other than the one in which the first petition was filed.".
SOURCE: Page 51, line 26; (06)CR003701.51. -->     Page 51, line 26, delete "[EFFECTIVE".
    Page 51, line 27, delete "JULY 1, 2006]" and insert "[EFFECTIVE UPON PASSAGE]".
    Page 52, between lines 10 and 11, begin a new paragraph and insert:
SOURCE: IC 3-12-11-4; (06)CR003701.110. -->     "SECTION 110. IC 3-12-11-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. A candidate who is nominated or elected to an office at an election on the face of the election returns may file a verified cross-petition for a recount with the election division not later than noon fourteen (14) twenty-one (21) days after election day.
SOURCE: IC 3-12-12-2; (06)CR003701.111. -->     SECTION 111. IC 3-12-12-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. A voter who desires a recount under this chapter must file a verified petition no later than noon seven (7) fourteen (14) days after election day. The petition must be filed:
        (1) in the circuit court of each county in which is located a precinct in which the voter desires a recount; and
        (2) with the election division.".
SOURCE: Page 55, line 18; (06)CR003701.55. -->     Page 55, line 18, delete "IC 3-11-6.5-5;".
    Page 55, between lines 31 and 32, begin a new paragraph and insert:
SOURCE: ; (06)CR003701.123. -->     "SECTION 123. [EFFECTIVE UPON PASSAGE] (a) The definitions set forth in IC 3-5-2 apply to this SECTION.
    (b) The secretary of state may designate up to three (3) counties as vote center pilot counties under IC 3-11-18, as added by this act. If the designation of a county as a vote center pilot county is revoked in accordance with IC 3-11-18, as added by this act, the secretary of state may designate a replacement county as a vote center pilot county.
    (c) A county must file with the secretary of state an application to be designated a vote center pilot county under IC 3-11-18, as added by this act, not later than August 1, 2006.
    (d) The secretary of state shall act in accordance with IC 3-11-18, as added by this act, and this SECTION to designate a
county as a vote center pilot county not later than October 1, 2006.
    (e) This SECTION expires December 31, 2007.
".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 37 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 9, Nays 0.

____________________________________

    Lawson C
Chairperson


CR003701/DI 102    2006