Reprinted
February 26, 2008
ENGROSSED
SENATE BILL No. 235
_____
DIGEST OF SB 235
(Updated February 25, 2008 12:48 pm - DI 75)
Citations Affected: IC 3-5; IC 3-7; IC 3-11; noncode.
Synopsis: Vote centers; absentee voting. Establishes the use of vote
centers as an option for all counties. Requires the county election board
(board) to adopt an order designating a county a vote center county,
adopt a plan to administer the vote centers, and file the order and the
plan with the election division. Requires the board to accept and
consider public comment before adopting an order designating the
county as a vote center county. Provides that designation of a county as
a vote center county remains in effect until the board rescinds the order
designating the county as a vote center county and files a copy of the
rescission with the election division. Redesignates automatically as a
vote center county a county designated before July 1, 2008, as a vote
center pilot county. Allows the secretary of state (secretary) to
(Continued next page)
Effective: January 1, 2008 (retroactive); upon passage; July 1, 2008.
Landske
, Charbonneau, Lawson C,
Broden, Miller
(HOUSE SPONSORS _ PIERCE, RICHARDSON)
January 8, 2008, read first time and referred to Committee on Local Government and
Elections.
January 17, 2008, reported favorably _ Do Pass.
January 28, 2008, read second time, amended, ordered engrossed.
January 29, 2008, engrossed. Read third time, passed. Yeas 45, nays 3.
HOUSE ACTION
February 4, 2008, read first time and referred to Committee on Elections and
Apportionment.
February 14, 2008, amended, reported _ Do Pass.
February 25, 2008, read second time, amended, ordered engrossed.
Digest Continued
designate not later than March 15, 2008, one additional county as a
vote center pilot county. Provides that electronic poll lists may not have
information about voters other than the information that is contained on
the certified list of voters. Permits a voter who is qualified to vote in
person to vote by absentee ballot. Removes all other qualifications for
a voter to vote by absentee ballot except for a voter with disabilities
who is unable to make a voting mark on the ballot or sign the absentee
ballot secrecy envelope. (Such a disabled voter is currently required to
vote before an absentee voter board.) Repeals the expiration date of the
vote center program and provisions that: (1) require the secretary's
approval of the vote center designation; and (2) allow the secretary to
revoke the vote center designation.
Reprinted
February 26, 2008
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2007 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 235
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 3-5-2-49.9; (08)ES0235.2.1. -->
SECTION 1. IC 3-5-2-49.9, AS ADDED BY P.L.164-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: 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: IC 3-7-29-1; (08)ES0235.2.2. -->
SECTION 2. IC 3-7-29-1, AS AMENDED BY P.L.81-2005,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) Not later than ten (10) days before the
election at which the registration record is to be used, the county voter
registration office shall prepare certified copies of the list of registered
voters for each precinct in the county.
(b) The lists must contain the following information concerning
each registered voter:
(1) The voter's full name. of the voter.
(2) The voter's date of birth.
(2) (3) The voter's address. of the voter.
(3) (4) The assigned county voter's voter identification number.
(4) (5) Whether the voter is required to provide additional
identification before voting either in person or by absentee ballot.
(c) The names shall be arranged in the same order as they are in the
registration record of the precinct.
SOURCE: IC 3-11-4-1; (08)ES0235.2.3. -->
SECTION 3. IC 3-11-4-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) A voter who is otherwise
qualified to vote in person is entitled to vote by absentee ballot: Except
(1) by mail;
(2) before an absentee voter board as otherwise provided in this
article; a voter voting by absentee ballot must vote
(3) in the office of the circuit court clerk (or board of elections
and registration in a county subject to IC 3-6-5.2); or
(4) at a satellite office established under IC 3-11-10-26.3.
(b) A county election board, by unanimous vote of its entire
membership, may authorize a person who is otherwise qualified to vote
in person to vote by absentee ballot if the board determines that the
person has been hospitalized or suffered an injury following the final
date and hour for applying for an absentee ballot that would prevent the
person from voting in person at the polls.
(c) The commission, by unanimous vote of its entire membership,
may authorize a person who is otherwise qualified to vote in person to
vote by absentee ballot if the commission determines that an
emergency prevents the person from voting in person at a polling place.
(d) The absentee ballots used in subsection (b) or (c) must be the
same official absentee ballots as described in section sections 12 and
13 of this chapter. Taking into consideration the amount of time
remaining before the election, the commission shall determine whether
the absentee ballots are transmitted to and from the voter by mail or
personally delivered. An absentee ballot that is personally delivered
shall comply with the requirements in sections 19, 20, and 21 of this
chapter.
SOURCE: IC 3-11-4-2; (08)ES0235.2.4. -->
SECTION 4. IC 3-11-4-2, AS AMENDED BY P.L.103-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) A voter who wants to vote by absentee
ballot must apply to the county election board for an official absentee
ballot. Except as provided in subsection (b), the voter must sign the
absentee ballot application.
(b) If a voter with disabilities is unable to sign the absentee ballot
application and the voter has not designated an individual to serve as
attorney in fact for the voter, the county election board may designate
an individual to sign the application on behalf of the voter. If an
individual applies for an absentee ballot as the properly authorized
attorney in fact for a voter, the attorney in fact must attach a copy of the
power of attorney to the application.
(c) A person may provide an individual with an application for an
absentee ballot with the following information already printed or
otherwise set forth on the application when provided to the individual:
(1) The name of the individual.
(2) The voter registration address of the individual.
(3) The mailing address of the individual.
(4) The date of birth of the individual.
(5) The voter identification number of the individual.
(d) A person may not provide an individual with an application for
an absentee ballot with the following information already printed or
otherwise set forth on the application when provided to the individual:
(1) The address to which the absentee ballot would be mailed, if
different from the voter registration address of the individual.
(2) In a primary election, the major political party ballot requested
by the individual.
(3) In a primary or general election, the types of absentee ballots
requested by the individual.
(4) The reason why the individual is entitled to vote an absentee
ballot:
(A) by mail; or
(B) before an absentee voter board (other than an absentee
voter board located in the office of the circuit court clerk or a
satellite office);
in accordance with IC 3-11-4-18, IC 3-11-10-24, or
IC 3-11-10-25.
(e) If the county election board determines that an absentee ballot
application does not comply with subsection (d), the board shall deny
the application under section 17.5 of this chapter.
(f) A person who assists an individual in completing any
information described in subsection (d) on an absentee ballot
application shall state under the penalties for perjury the following
information on the application:
(1) The full name, residence and mailing address, and daytime
and evening telephone numbers (if any) of the person providing
the assistance.
(2) The date this assistance was provided.
(3) That the person providing the assistance has complied with
Indiana laws governing the submission of absentee ballot
applications.
(4) That the person has no knowledge or reason to believe that the
individual submitting the application:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(g) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal Service
or a bonded courier company. A person who receives a completed
absentee ballot application from the individual who has applied for the
absentee ballot shall file the application with the appropriate county
election board not later than:
(1) noon seven (7) days after the person receives the application;
or
(2) the deadline set by Indiana law for filing the application with
the board;
whichever occurs first.
(h) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal Service
or a bonded courier company. A person filing an absentee ballot
application, other than the person's own absentee ballot application,
must sign an affidavit at the time of filing the application. The affidavit
must be in a form prescribed by the commission. The form must
include the following:
(1) A statement of the full name, residence and mailing address,
and daytime and evening telephone numbers (if any) of the person
submitting the application.
(2) A statement that the person filing the affidavit has complied
with Indiana laws governing the submission of absentee ballot
applications.
(3) A statement that the person has no knowledge or reason to
believe that the individual whose application is to be filed:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(4) A statement that the person is executing the affidavit under the
penalties of perjury.
(5) A statement setting forth the penalties for perjury.
(i) The county election board shall record the date and time of the
filing of the affidavit.
SOURCE: IC 3-11-4-18; (08)ES0235.2.5. -->
SECTION 5. IC 3-11-4-18, AS AMENDED BY P.L.164-2006,
SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 18. (a) If a voter satisfies any of the
qualifications described in IC 3-11-10-24 that entitle a voter to cast an
absentee ballot by mail, The county election board shall, at the request
of the voter, mail the official ballot, postage fully prepaid, to the voter
at the address stated in the application.
(b) If the county election board mails an absentee ballot to a voter
required to file additional documentation with the county voter
registration office before voting by absentee ballot under this chapter,
the board shall include a notice to the voter in the envelope mailed to
the voter under section 20 of this chapter. The notice must inform the
voter that the voter must file the additional documentation required
under IC 3-7-33-4.5 with the county voter registration office not later
than noon on election day for the absentee ballot to be counted as an
absentee ballot, and that, if the documentation required under
IC 3-7-33-4.5 is filed after noon and before 6 p.m. on election day, the
ballot will be processed as a provisional ballot. The commission shall
prescribe the form of this notice under IC 3-5-4-8.
(c) Except as provided in section 18.5 of this chapter, the ballot
shall be mailed:
(1) on the day of the receipt of the voter's application; or
(2) not more than five (5) days after the date of delivery of the
ballots under section 15 of this chapter;
whichever is later.
(d) In addition to the ballot mailed under subsection (c), the county
election board shall mail a special absentee ballot for overseas voters.
(e) Except as provided in section 18.5 of this chapter, the ballot
described in subsection (d):
(1) must be mailed:
(A) on the day of the receipt of the voter's application; or
(B) not more than five (5) days after the latest date for delivery
of the ballots under section 13(b) of this chapter applicable to
that election;
whichever is later; and
(2) may not be mailed after the absentee ballots described by
section 13(a) of this chapter have been delivered to the circuit
court clerk or the clerk's authorized deputy.
(f) As required by 42 U.S.C. 15481, an election board shall establish
a voter education program (specific to a paper ballot or optical scan
ballot card provided as an absentee ballot under this chapter) to notify
a voter of the effect of casting multiple votes for a single office.
(g) As provided by 42 U.S.C. 15481, when an absentee ballot is
mailed under this section, the mailing must include:
(1) information concerning the effect of casting multiple votes for
an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots.
SOURCE: IC 3-11-8-10.3; (08)ES0235.2.6. -->
SECTION 6. IC 3-11-8-10.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10.3. (a) As used in this section, "electronic
poll list" refers to a poll list that is maintained in a computer data
base.
(b) An electronic poll list must satisfy all of the following:
(1) An electronic poll list must be programmed so that the
coordinated action of two (2) precinct election officers who
are not members of the same political party is necessary to
record the fact that a voter has voted.
(2) An electronic poll list may not be connected to a voting
system.
(3) An electronic poll list may not permit access to voter
information other than information provided on the certified
list of voters prepared under IC 3-7-29-1.
SOURCE: IC 3-11-10-24; (08)ES0235.2.7. -->
SECTION 7. IC 3-11-10-24, AS AMENDED BY P.L.103-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 24. (a) Except as provided in subsection (b),
a voter
who satisfies any of the following is entitled to vote by mail.
(1) The voter has a specific, reasonable expectation of being
absent from the county on election day during the entire twelve
(12) hours that the polls are open.
(2) The voter will be absent from the precinct of the voter's
residence on election day because of service as:
(A) a precinct election officer under IC 3-6-6;
(B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
(C) a challenger or pollbook holder under IC 3-6-7; or
(D) a person employed by an election board to administer the
election for which the absentee ballot is requested.
(3) The voter will be confined on election day to the voter's
residence, to a health care facility, or to a hospital because of an
illness or injury during the entire twelve (12) hours that the polls
are open.
(4) The voter is a voter with disabilities.
(5) The voter is an elderly voter.
(6) The voter is prevented from voting due to the voter's care of
an individual confined to a private residence because of illness or
injury during the entire twelve (12) hours that the polls are open.
(7) The voter is scheduled to work at the person's regular place of
employment during the entire twelve (12) hours that the polls are
open.
(8) The voter is eligible to vote under IC 3-10-11 or IC 3-10-12.
(9) The voter is prevented from voting due to observance of a
religious discipline or religious holiday during the entire twelve
(12) hours that the polls are open.
(10) The voter is an address confidentiality program participant
(as defined in IC 5-26.5-1-6).
(b) A voter with disabilities who:
(1) is unable to make a voting mark on the ballot or sign the
absentee ballot secrecy envelope; and
(2) requests that the absentee ballot be delivered to an address
within Indiana;
must vote before an absentee voter board under section 25(b) of this
chapter.
(c) If a voter receives an absentee ballot by mail, the voter shall
personally mark the ballot in secret and seal the marked ballot inside
the envelope provided by the county election board for that purpose.
The voter shall:
(1) deposit the sealed envelope in the United States mail for
delivery to the county election board; or
(2) authorize a member of the voter's household or the individual
designated as the voter's attorney in fact to:
(A) deposit the sealed envelope in the United States mail; or
(B) deliver the sealed envelope in person to the county
election board.
(d) If a member of the voter's household or the voter's attorney in
fact delivers the sealed envelope containing a voter's absentee ballot to
the county election board, the individual delivering the ballot shall
complete an affidavit in a form prescribed by the commission. The
affidavit must contain the following information:
(1) The name and residence address of the voter whose absentee
ballot is being delivered.
(2) A statement of the full name, residence and mailing address,
and daytime and evening telephone numbers (if any) of the
individual delivering the absentee ballot.
(3) A statement indicating whether the individual delivering the
absentee ballot is a member of the voter's household or is the
attorney in fact for the voter. If the individual is the attorney in
fact for the voter, the individual must attach a copy of the power
of attorney for the voter, unless a copy of this document has
already been filed with the county election board.
(4) The date and location at which the absentee ballot was
delivered by the voter to the individual delivering the ballot to the
county election board.
(5) A statement that the individual delivering the absentee ballot
has complied with Indiana laws governing absentee ballots.
(6) A statement that the individual delivering the absentee ballot
is executing the affidavit under the penalties of perjury.
(7) A statement setting forth the penalties for perjury.
(e) The county election board shall record the date and time that the
affidavit under subsection (d) was filed with the board.
(f) After a voter has mailed or delivered an absentee ballot to the
office of the circuit court clerk, the voter may not recast a ballot, except
as provided in:
(1) section 1.5 of this chapter; or
(2) section 33 of this chapter.
SOURCE: IC 3-11-18-1; (08)ES0235.2.8. -->
SECTION 8. IC 3-11-18-1, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1. This chapter applies to a county
designated as a vote center pilot county under this chapter.
SOURCE: IC 3-11-18-3; (08)ES0235.2.9. -->
SECTION 9. IC 3-11-18-3, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 3. (a) For A county must comply
with this section to be designated become a vote center pilot county.
(b) As used in this section, "board" refers to any of the
following:
(1) The county election board. or
(2) The board of elections and registration established under
IC 3-6-5.2 or IC 3-6-5.4.
(c) The board must hold a public hearing to present a draft plan
for administration of vote centers in the county.
(d) After presentation of the draft plan under subsection (c), the
board shall accept written public comments on the draft plan.
(e) Not sooner than thirty (30) days after the hearing held under
subsection (c), the board shall hold a public hearing to consider the
draft plan, the written public comments, and any other public
comment that the board may permit on the draft plan.
(f) After consideration of the draft plan and the public
comments, the board may do the following:
(1) Adopt an order approving the draft plan.
(2) Amend the draft plan and adopt an order approving the
amended draft plan.
The board may adopt the order to approve a plan only 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) (g) All members of the board must sign the application; and
order adopting the plan.
(3) (h) The application order and the adopted plan must be filed
with the secretary of state. (b) The application election division and
must include a copy of:
(1) a resolution adopted by the county executive; and
(2) a resolution adopted by the county fiscal body;
approving the submission designation of the application. county as a
vote center county.
SOURCE: IC 3-11-18-4; (08)ES0235.2.10. -->
SECTION 10. IC 3-11-18-4, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 4.
The application must include a
plan for the administration of vote centers in the county. The plan
required by section 3 of this chapter 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.
(3) The effective date of the order.
(4)
The following information according to the computerized
list (as defined in IC 3-7-26.3-2) as of the date of the order:
(A) The total number of voters within
each municipality, as of
the date of the application, and the county.
(B) The number of
those active voters within
each
municipality designated as "active" and the county.
(C) The number of inactive
according to voters within 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 do all of the following:
(A) Prevent a disruption of the vote center process. and
(B) Ensure that the election is properly conducted if a
disruption occurs.
(C) Prevent recording the fact that a voter has voted
without the coordinated action of two (2) precinct election
officers who are not members of the same political party.
(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.
(17) The method and timing of providing voter data to
persons who are entitled to receive the data under this title.
Data must be provided to all persons entitled to the data
without unreasonable delay.
SOURCE: IC 3-11-18-5; (08)ES0235.2.11. -->
SECTION 11. IC 3-11-18-5, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: 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
for use in a primary election, general election, special election, a
municipal primary, or a municipal election conducted on or after the
effective date of the county election board's order.
(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.
SOURCE: IC 3-11-18-6; (08)ES0235.2.12. -->
SECTION 12. IC 3-11-18-6, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 6. When the total number of active
voters in the county 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 apply:
(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.
SOURCE: IC 3-11-18-7; (08)ES0235.2.13. -->
SECTION 13. IC 3-11-18-7, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 7. Before approving an application
to designate adopting an order designating a county as a vote center
pilot county under this chapter, the secretary of state county election
board 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 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 officials, watchers, challengers, and
pollbook holders to exercise their rights and perform their
duties within the vote center.
SOURCE: IC 3-11-18-8; (08)ES0235.2.14. -->
SECTION 14. IC 3-11-18-8, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 8. (a) The designation of a county
as a vote center pilot county takes effect immediately upon the filing
of the order with the election division, unless otherwise specified by
the secretary of state county election board.
(b) The designation of a county as a vote center county remains
in effect until the county election board, by unanimous vote of its
entire membership:
(1) rescinds the order designating the county as a vote center
county; and
(2) files a copy of the document rescinding the order with the
election division.
SOURCE: IC 3-11-18-11; (08)ES0235.2.15. -->
SECTION 15. IC 3-11-18-11, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: 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, this title, and the plan
submitted adopted with the application county election board's order
under section 4 of this chapter.
SOURCE: IC 3-11-18-12; (08)ES0235.2.16. -->
SECTION 16. IC 3-11-18-12, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: 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.
SOURCE: IC 3-11-18-13; (08)ES0235.2.17. -->
SECTION 17. IC 3-11-18-13, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 13. Notwithstanding any other law,
the electronic poll list used at each vote center:
(1) must comply with IC 3-11-8-10.3;
(1) (2) must be capable of capturing an electronic image of the
signature of a voter on the list; and
(2) (3) may be in a format approved by the secretary of state.
SOURCE: IC 3-11-18-14; (08)ES0235.2.18. -->
SECTION 18. IC 3-11-18-14, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: 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.
SOURCE: IC 3-11-18-17; (08)ES0235.2.19. -->
SECTION 19. IC 3-11-18-17, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 17. (a) The secretary of state may
permit A county to may amend a plan submitted adopted with a
county election board's order 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 amendment;
(2) all members of the board must sign the request; amendment;
and
(3) the request amendment must be filed with the secretary of
state. election division.
(c) The request for amendment must set forth the specific
amendments proposed to be made to the plan.
(c) A plan amendment takes effect immediately upon filing with
the election division, unless otherwise specified by the county
election board.
SOURCE: IC 3-11-18-2; IC 3-11-18-18; IC 3-11-18-19; IC 3-11-18-
20.
; (08)ES0235.2.20. -->
SECTION 20. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2008]: IC 3-11-18-2; IC 3-11-18-18; IC 3-11-18-19;
IC 3-11-18-20.
SOURCE: ; (08)ES0235.2.21. -->
SECTION 21. [EFFECTIVE JULY 1, 2008] A county designated
as a vote center pilot county under:
(1) P.L.164-2006, SECTION 148 (before its expiration); or
(2) this act before July 1, 2008;
is automatically redesignated as a vote center county under
IC 3-11-18, as amended by this act, on July 1, 2008.
SOURCE: ; (08)ES0235.2.22. -->
SECTION 22. [EFFECTIVE JANUARY 1, 2008
(RETROACTIVE)]
(a) The definitions set forth in IC 3-5-2 apply
throughout this SECTION.
(b) The secretary of state may designate one (1) county that has
applied for designation as a vote center pilot county under
IC 3-11-18.
(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 not
later than March 1, 2008.
(d) The secretary of state shall act in accordance with
IC 3-11-18 and this SECTION to designate a county as a vote
center pilot county not later than March 15, 2008.
(e) The designation of a county as a vote center pilot county
under this SECTION is effective June 1, 2008.
(f) This SECTION expires July 1, 2008.
SOURCE: ; (08)ES0235.2.23. -->
SECTION 23.
An emergency is declared for this act.