SB 209-1_ Filed 04/06/2009, 11:46
Adopted 4/6/2009
Text Box
Adopted Rejected
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COMMITTEE REPORT
YES:
6
NO:
3
MR. SPEAKER:
Your Committee on Elections and Apportionment , to which was referred Senate
Bill 209 , has had the same under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
SOURCE: Page 1, line 1; (09)CR020901.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 3-5-2-31.5; (09)CR020901.1. -->
"SECTION 1. IC 3-5-2-31.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 31.5. "Member of the military or public safety
officer" has the meaning set forth in IC 10-14-2-5.".
SOURCE: Page 3, line 8; (09)CR020901.3. -->
Page 3, between lines 8 and 9, begin a new paragraph and insert:
SOURCE: IC 3-11-3-11; (09)CR020901.3. -->
"SECTION 3. IC 3-11-3-11, AS AMENDED BY P.L.230-2005,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 11. The county election board shall deliver the
following to each inspector or the inspector's representative:
(1) The supplies provided for the inspector's precinct by the
election division.
(2) The local sample ballots, the ballot labels, if any, and all poll
lists, registration lists, and other supplies considered necessary to
conduct the election in the inspector's precinct.
(3) The local ballots printed under the direction of the county
election board as follows:
(A) In those precincts where ballot card voting systems are to
be used, the number of ballots at least equal to one hundred
percent (100%) of the number of voters in the inspector's
precinct, according to the poll list.
(B) In those precincts where electronic voting systems are to
be used, the number of ballots that will be required to be
printed and furnished to the precincts for emergency purposes
only.
(C) Provisional ballots in the number considered necessary by
the county election board.
(4) Twenty (20) ink pens suitable for printing the names of
write-in candidates on the ballot or ballot envelope.
(5) Copies of the voter's bill of rights for posting as required by 42
U.S.C. 15482.
(6) Copies of the instructions for a provisional voter required by
42 U.S.C. 15482 and IC 3-11.7-2-2. The county election board
shall provide at least the number of copies of the instructions as
the number of provisional ballots provided under subdivision (3).
SOURCE: IC 3-11-8-25.2; (09)CR020901.4. -->
SECTION 4. IC 3-11-8-25.2, AS AMENDED BY P.L.164-2006,
SECTION 101, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 25.2. (a) The poll clerk or assistant
poll clerk shall examine the list provided under IC 3-7-29-1 to
determine if the county election board has indicated that the voter is
required to provide additional personal identification under 42 U.S.C.
15483 and IC 3-7-33-4.5 before voting in person. If the list (or a
certification concerning absentee voters under IC 3-11-10-12) indicates
that the voter is required to present this identification before voting in
person, the poll clerk shall advise the voter that the voter must present,
in addition to the proof of identification required by section 25.1(a) of
this chapter, a piece of identification described in subsection (b) to the
poll clerk.
(b) As required by 42 U.S.C. 15483, and in addition to the proof of
identification required by section 25.1(a) of this chapter, a voter
described by IC 3-7-33-4.5 who has not complied with IC 3-7-33-4.5
before appearing at the polls on election day must present one (1) of the
following documents to the poll clerk:
(1) A current and valid photo identification.
(2) A current utility bill, bank statement, government check,
paycheck, or government document that shows the name and
address of the voter.
(c) If a voter presents a document under subsection (b), the poll
clerk shall add a notation to the list indicating the type of document
presented by the voter. The election division shall prescribe a
standardized coding system to classify documents presented under this
subsection for entry into the county voter registration system.
(d) If a voter required to present documentation under subsection (b)
is unable to present the documentation to the poll clerk while present
in the polls, the poll clerk shall notify the precinct election board. The
board shall provide a provisional ballot to the voter under IC 3-11.7-2.
(e) The precinct election board shall advise the voter, both orally
and in writing, that the voter may file a copy of the documentation
with the county voter registration office to permit the provisional ballot
to be counted under IC 3-11.7.
(f) The circuit court clerk shall provide the notice required by
IC 3-11.7-6-4 to a voter who casts a provisional ballot under this
section.
SOURCE: IC 3-11-8-25.7; (09)CR020901.5. -->
SECTION 5. IC 3-11-8-25.7 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 25.7. (a) This section applies only to a voter who is a
member of the military or public safety officer.
(b) Notwithstanding section 25.5 of this chapter, a voter who
signs the voter's name and either:
(1) signs the voter's address; or
(2) checks the "Address Unchanged" box;
on the poll list under section 25.1 of this chapter and then leaves
the polls without casting a ballot or after casting a provisional
ballot may reenter the polls to cast a ballot at the election as
provided in this section.
(c) A voter who leaves the polls to respond to an emergency in
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.
SOURCE: IC 3-11-10-24; (09)CR020901.6. -->
SECTION 6. IC 3-11-10-24, AS AMENDED BY P.L.103-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: 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).
(11) The voter is a member of the military or public safety
officer.
(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 3-11-10-26; (09)CR020901.7. -->
SECTION 7. IC 3-11-10-26, AS AMENDED BY P.L.164-2006,
SECTION 109, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 26. (a) As an alternative to voting
by mail, a voter is entitled to cast an absentee ballot before an absentee
voter board:
(1) 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
(2) at a satellite office established under section 26.3 of this
chapter.
(b) The voter must:
(1) sign an application on the form prescribed by the commission
under IC 3-11-4-5.1; and
(2) provide proof of identification;
before being permitted to vote. The application must be received by the
circuit court clerk not later than the time prescribed by IC 3-11-4-3.
(c) The voter may vote before the board not more than twenty-nine
(29) days nor later than noon on the day before election day.
(d) An absent uniformed services voter who is eligible to vote by
absentee ballot in the circuit court clerk's office under IC 3-7-36-14
may vote before the board not earlier than twenty-nine (29) days before
the election and not later than noon on election day. If a voter described
by this subsection wishes to cast an absentee ballot during the period
beginning at noon on the day before election day and ending at noon on
election day, the county election board or absentee voter board may
receive and process the ballot at a location designated by resolution of
the county election board.
(e) The absentee voter board in the office of the circuit court clerk
must permit voters to cast absentee ballots under this section for at
least seven (7) hours on each of the two (2) Saturdays preceding
election day.
(f) Notwithstanding subsection (e), in a county with a population of
less than twenty thousand (20,000), the absentee voter board in the
office of the circuit court clerk, with the approval of the county election
board, may reduce the number of hours available to cast absentee
ballots under this section to a minimum of four (4) hours on each of the
two (2) Saturdays preceding election day.
(g) As provided by 42 U.S.C. 15481, a voter casting an absentee
ballot under this section must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct
any error in a private and independent manner before the ballot is
cast and counted, including the opportunity to receive a
replacement ballot if the voter is otherwise unable to change or
correct the ballot; and
(3) notified before the ballot is cast regarding the effect of casting
multiple votes for the office and provided an opportunity to
correct the ballot before the ballot is cast and counted.
(h) As provided by 42 U.S.C. 15481, when an absentee ballot is
provided under this section, the board must also provide the voter with:
(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.
(i) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the 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;
the voter shall be permitted to cast an absentee ballot and the voter's
absentee ballot shall be treated as a provisional ballot.
(j) This subsection applies to a voter who casts an absentee
ballot that is treated as a provisional ballot under subsection (i).
The board shall provide the voter, both orally and in writing, an
explanation of what actions, if any, the voter must take in order to
have the voter's ballot counted. The commission shall prescribe the
form of the explanation required by this subsection. The circuit
court clerk shall also provide the notice required by IC 3-11.7-6-4
to the voter.
SOURCE: IC 3-11.7-2-2; (09)CR020901.8. -->
SECTION 8. IC 3-11.7-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) A provisional
voter shall do the following:
(1) Mark the ballot in the presence of no other person, unless the
voter requests help in marking a ballot under IC 3-11-9.
(2) Fold each ballot separately.
(3) Fold each ballot so as to conceal the marking.
(4) Enclose each ballot, with the seal and signature of the circuit
court clerk on the outside, together with any unused ballot, in the
envelope provided by the county election board under
IC 3-11.7-1-8.
(5) Securely seal the envelope.
(b) A provisional voter may mark a ballot with a pen or a lead
pencil.
(c) This subsection applies to a provisional voter described in
section 1(a)(1), 1(a)(2), or 1(a)(3) of this chapter. As provided by 42
U.S.C. 15482, a precinct election officer shall give the provisional
voter a copy of the written instructions prescribed by the county
election board under IC 3-11.7-6-3 after the voter returns the envelope
containing the provisional voter's ballots.
(d) This subsection applies to a provisional voter described in
section 1(a) or 1(b) of this chapter. In addition to the written
instructions required by subsection (c), a precinct election officer
shall provide the provisional voter, both orally and in writing, an
explanation of what actions, if any, the provisional voter must take
in order to have the provisional voter's ballot counted. The
commission shall prescribe the form of the explanation required by
this subsection. The circuit court clerk shall also provide the notice
required by IC 3-11.7-6-4 to the provisional voter.".
SOURCE: Page 3, line 30; (09)CR020901.3. -->
Page 3, after line 30, begin a new paragraph and insert:
" (e) Notwithstanding subsections (b) and (c), the county election
board shall provide to the following, upon request, a list of the
name and address of all voters who have cast a provisional ballot
in an election held in the county:
(1) A candidate whose name was on the ballot in the county at
the election.
(2) The county chairman of a political party of the county in
which the election was held.
The county election board shall provide a list requested under this
subsection not later than seventy-two (72) hours after the time the
list is requested.
SOURCE: IC 3-11.7-6-4; (09)CR020901.10. -->
SECTION 10. IC 3-11.7-6-4 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 4. (a) This section applies to a county that conducts
an election in which a voter casts a provisional ballot.
(b) Not later than three (3) calendar days after election day, the
circuit court clerk shall provide a notice containing the following
information to each voter described in subsection (a):
(1) The reason or reasons that the voter's ballot is being
treated as a provisional ballot.
(2) A description of what actions, if any, the provisional voter
must take in order to have the provisional voter's ballot
counted under this article.
(3) The deadlines by which the provisional voter is required
to take any actions described in subdivision (2) in order to
have the provisional voter's ballot counted under this article.
(4) The following information that will enable the provisional
voter to inquire about the provisional voter's ballot:
(A) The name of the office that the provisional voter may
contact.
(B) The address of the office described in clause (A).
(C) The telephone number at the office described in clause
(A) that the voter may use to contact the office about the
voter's provisional ballot.
(D) Any other information the circuit court clerk considers
useful to provide assistance to the provisional voter in
inquiring about the provisional ballot.
(c) The notice required by subsection (b) must be:
(1) sent by first class United States mail; or
(2) given by another method the circuit court clerk determines
will provide actual notice to the voter.
(d) The notice required by subsection (b) must be in a form
prescribed by the commission.
(e) A circuit court clerk who knowingly or intentionally fails to
provide the notice required by subsection (b) commits a Class A
misdemeanor under IC 3-14-4-3(b).
SOURCE: IC 3-11.7-6-5; (09)CR020901.11. -->
SECTION 11. IC 3-11.7-6-5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 5. (a) Not later than thirty (30) days after an election,
the circuit court clerk shall compile a report that includes the
following information:
(1) The number of provisional ballots cast at the election in
the county.
(2) The following information relating to the provisional
ballots cast:
(A) A list of the reasons that provisional ballots were cast.
(B) For each reason listed, the number of provisional
ballots cast for that reason.
(3) The number of provisional ballots counted for that
election.
(4) The following information relating to the provisional
ballots that were not counted:
(A) A list of reasons that provisional ballots were not
counted.
(B) For each reason listed, the number of provisional
ballots not counted for that reason.
(b) The circuit court clerk shall:
(1) make the report available for public inspection and
copying under IC 5-14-3; and
(2) send a copy of the report to the secretary of state.
(c) The secretary of state shall compile the reports sent by the
circuit court clerks under subsection (b). Not later than December
31 of each year, the secretary of state shall issue a statewide
compilation of all the reports sent to the secretary of state under
subsection (b). The statewide compilation must include the
following information:
(1) All the information contained in the county reports, by
county.
(2) Statewide totals for each item of information required to
be contained in the county reports under subsection (a).
(d) The secretary of state shall make the statewide compilation
available for public inspection and copying under IC 5-14-3.
(e) The secretary of state shall develop uniform descriptions of
the following information required to be compiled under
subsection (a):
(1) The reasons that a provisional ballot is cast.
(2) The reasons that a provisional ballot is not counted.
SOURCE: IC 3-14-4-3; (09)CR020901.12. -->
SECTION 12. IC 3-14-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3.
(a) Except as
provided in subsection (b), a precinct election officer or public
official upon whom a duty is imposed by this title who knowingly omits
to perform the duty commits a Class D felony.
(b) A circuit court clerk who knowingly or intentionally fails to
provide the notice required by IC 3-11.7-6-4(b) commits a Class A
misdemeanor.".
Renumber all SECTIONS consecutively.
(Reference is to SB 209 as printed February 10, 2009.)
and when so amended that said bill do pass.
__________________________________
CR020901/DI 75 2009