HB 1099-1_ Filed 02/05/2009, 10:45
Adopted 2/5/2009


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       House Bill 1099     , 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)CR109901.1. -->     Page 1, delete lines 1 through 17, begin a new paragraph and insert:
SOURCE: IC 3-5-2-40.5; (09)CR109901.1. -->     "SECTION 1. IC 3-5-2-40.5, AS ADDED BY P.L.109-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 40.5. (a) Except as provided in subsection (b) or (c), "proof of identification" refers to a document that satisfies all the following:
        (1) The document shows the name of the individual to whom the document was issued, and the name conforms to the name in the individual's voter registration record.
        (2) The document shows a photograph of the individual to whom the document was issued.
        (3) The document includes an expiration date, and the document:
            (A) is not expired; or
            (B) expired after the date of the most recent general election.
        (4) The document was issued by the United States or the state of Indiana.
     (b) Notwithstanding subsection (a)(3), a document issued by the United States Department of Defense, a branch of the uniformed services, the Merchant Marine, or the Indiana National Guard that:
        (1) otherwise complies with the requirements of subsection (a); and
        (2) has no expiration date or states that the document has an indefinite expiration date;
is sufficient proof of identification for purposes of this title.
    (c) Notwithstanding subsection (a)(3), a document issued by an approved postsecondary educational institution (as defined in IC 21-7-13-6(a)) that:
        (1) otherwise complies with the requirements of subsection (a); and
        (2) has no expiration date or states that the document has an indefinite expiration date;
is sufficient proof of identification for purposes of this title.
".
SOURCE: Page 2, line 1; (09)CR109901.2. -->     Page 2, delete lines 1 through 6, begin a new paragraph and insert:
SOURCE: IC 3-11-4-3; (09)CR109901.2. -->     "SECTION 2. IC 3-11-4-3, AS AMENDED BY P.L.103-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. Except as provided in section 6 of this chapter, an application for an absentee ballot must be received by the circuit court clerk (or, in a county subject to IC 3-6-5.2, the director of the board of elections and registration) not earlier than ninety (90) days before election day nor later than the following:
        (1) Noon on election day if the voter registers to vote under IC 3-7-36-14.
        (2) Noon on the day before election day if the voter completes the application in the office of the circuit court clerk or is an absent uniformed services voter or overseas voter who requests that the ballot be transmitted by fax under section 6(h) of this chapter.
        (3) Noon on the day before election day if:
            (A) the application is a mailed, transmitted by fax, or hand delivered application from a confined voter or voter caring for a confined person; and
            (B) the applicant requests that the absentee ballots be delivered to the applicant by an absentee voter board.
        (4) Midnight on the eighth day before election day if the

application:
            (A) is a mailed application; or
            (B) was transmitted by fax;
        from other voters.
         (5) The end of the time permitted by IC 3-11-10-26(k) or IC 3-11-10-26.3(g).".

SOURCE: Page 2, line 15; (09)CR109901.2. -->     Page 2, line 15, after "IC 3-6-5.2" insert " or IC 3-6-5.4".
    Page 3, delete line 42, begin a new paragraph and insert:
    " (k) Notwithstanding subsection (c) or (d), when the time arrives that has been designated as the time at which voting under this section ends, the absentee voter board shall do the following:
        (1) Permit all voters who:
            (A) are in the act of voting; or
            (B) have begun the procedure for casting an absentee ballot under this section but who have not voted;
        to vote.
        (2) Require all voters who are waiting to vote but have not begun the procedure for casting an absentee ballot under this section to line up in single file. One (1) member of the board shall do the following:
            (A) Determine who the last voter is in the line. The board member may not determine that a voter is not in line only because the voter is located outside the building in which voting is occurring.
            (B) Stand directly behind the voter determined under clause (A).
        Another member of the board shall, beginning with the voter determined under clause (A), record the names of the voters in the line. These voters may vote under this section unless otherwise prevented according to law.
".
    Page 4, delete lines 1 through 10.
    Page 4, delete lines 30 through 41, begin a new paragraph and insert:
    " (g) Notwithstanding a resolution adopted under this section, when the time arrives that has been designated as the time at which voting under this section ends, the absentee voter board shall do the following:
        (1) Permit all voters who:
            (A) are in the act of voting; or
            (B) have begun the procedure for casting an absentee ballot under this section but who have not voted;
        to vote.
        (2) Require all voters who are waiting to vote but have not begun the procedure for casting an absentee ballot under this section to line up in single file. One (1) member of the board shall do the following:
            (A) Determine who the last voter is in the line. The board member may not determine that a voter is not in line only because the voter is located outside the building in which voting is occurring.
            (B) Stand directly behind the voter determined under clause (A).
        Another member of the board shall, beginning with the voter determined under clause (A), record the names of the voters in the line. These voters may vote under this section unless otherwise prevented according to law.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1099 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Battles


CR109901/DI 75    2009