Citations Affected: IC 3-5; IC 3-11.
Synopsis: First responder right to vote. Provides that a member of the
military or public safety officer may vote an absentee ballot by mail.
Provides that a member of the military or public safety officer who has
signed the poll list and is called from the polls before voting to respond
to an emergency in the voter's capacity as a member of the military or
public safety officer is entitled to return to the polls and vote upon
execution of an affidavit.
Effective: July 1, 2009.
January 13, 2009, read first time and referred to Committee on Elections and
Apportionment.
February 2, 2009, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
the voter's capacity as a member of the military or public safety
officer must notify a precinct election officer that the voter is
leaving the polls to respond to an emergency in the voter's capacity
as a member of the military or public safety officer.
(d) A poll clerk or assistant poll clerk shall make a notation on
the poll list with the voter's name indicating that the voter has left
the polls as permitted by this section and the time the voter left the
polls.
(e) If the voter returns to the polls, the voter shall be permitted
to vote if the voter executes an affidavit stating all of the following:
(1) The name of the voter.
(2) That the voter is a member of the military or public safety
officer.
(3) The military or public safety position the voter holds.
(4) That after the voter signed the poll list, but before the
voter voted, the voter was called to respond to an emergency
in the voter's capacity as a member of the military or public
safety officer.
(5) A brief description of the emergency to which the voter
responded.
(6) The time the voter returned to the polls.
(f) The commission shall prescribe the form of the affidavit
required by this section.
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.