January 13, 2009, read first time and referred to Committee on Elections and
Apportionment.
February 17, 2009, reported _ Do Pass.
February 17, 2009
First Regular Session 116th General Assembly (2009)
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
this style type.
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
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between statutes enacted by the 2008 Regular Session of the General Assembly.
HOUSE BILL No. 1326
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 3-10-1-7.2; (09)HB1326.1.1. -->
SECTION 1. IC 3-10-1-7.2, AS AMENDED BY P.L.164-2006,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 7.2. (a) Except as provided in subsection (e), a
voter who desires to vote an official ballot at a primary election shall
provide proof of identification.
(b) Except as provided in subsection (e), before the voter proceeds
to vote in a primary election, a
member of the precinct election
board
officer shall ask the voter to provide proof of identification. The voter
must produce the proof of identification before being permitted to sign
the poll list.
(c) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the precinct election board determines that the
proof of identification presented by the voter does not qualify as
proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter as
prescribed by IC 3-11-8.
(d) If the voter executes a challenged voter's affidavit under section
9 of this chapter or IC 3-11-8-22.1, the voter may:
(1) sign the poll list; and
(2) receive a provisional ballot.
(e) A voter who votes in person at a precinct polling place that is
located at a state licensed care facility where the voter resides is not
required to provide proof of identification before voting in a primary
election.
SOURCE: IC 3-11-8-25.1; (09)HB1326.1.2. -->
SECTION 2. IC 3-11-8-25.1, AS AMENDED BY P.L.164-2006,
SECTION 100, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 25.1. (a) Except as provided in
subsection (e), a voter who desires to vote an official ballot at an
election shall provide proof of identification.
(b) Except as provided in subsection (e), before the voter proceeds
to vote in the election, a
member of the precinct election
board officer
shall ask the voter to provide proof of identification. The voter shall
produce the proof of identification before being permitted to sign the
poll list.
(c) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the precinct election board determines that the
proof of identification provided by the voter does not qualify as
proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter as
prescribed by this chapter.
(d) If the voter executes a challenged voter's affidavit under section
22.1 of this chapter, the voter may:
(1) sign the poll list; and
(2) receive a provisional ballot.
(e) A voter who votes in person at a precinct polling place that is
located at a state licensed care facility where the voter resides is not
required to provide proof of identification before voting in an election.
(f) After a voter has passed the challengers or has been sworn in, the
voter shall be instructed by a member of the precinct election board to
proceed to the location where the poll clerks are stationed. The voter
shall announce the voter's name to the poll clerks or assistant poll
clerks. A poll clerk, an assistant poll clerk, or a member of the precinct
election board shall require the voter to write the following on the poll
list:
(1) The voter's name.
(2) Except as provided in subsection (k), the voter's current
residence address.
(g) The poll clerk, an assistant poll clerk, or a member of the
precinct election board shall:
(1) ask the voter to provide or update the voter's voter
identification number;
(2) tell the voter the number the voter may use as a voter
identification number; and
(3) explain to the voter that the voter is not required to provide or
update a voter identification number at the polls.
(h) The poll clerk, an assistant poll clerk, or a member of the
precinct election board shall ask the voter to provide proof of
identification.
(i) In case of doubt concerning a voter's identity, the precinct
election board shall compare the voter's signature with the signature on
the affidavit of registration or any certified copy of the signature
provided under IC 3-7-29. If the board determines that the voter's
signature is authentic, the voter may then vote. If either poll clerk
doubts the voter's identity following comparison of the signatures, the
poll clerk shall challenge the voter in the manner prescribed by section
21 of this chapter.
(j) If, in a precinct governed by subsection (g):
(1) the poll clerk does not execute a challenger's affidavit; or
(2) the voter executes a challenged voter's affidavit under section
22.1 of this chapter or executed the affidavit before signing the
poll list;
the voter may then vote.
(k) Each line on a poll list sheet provided to take a voter's current
address must include a box under the heading "Address Unchanged"
so that a voter whose residence address shown on the poll list is the
voter's current residence address may check the box instead of writing
the voter's current residence address on the poll list.