Introduced Version
SENATE BILL No. 536
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-7-33-3.7; IC 3-11; IC 3-11.5; IC 3-12.
Synopsis: Various election law matters. Provides that a voter
registration application received in person or by mail by the election
division, or an absentee ballot application received by the election
division, is timely filed if the election division receives the application
before the deadline established for a county to receive the application.
Requires the election division to forward the application promptly to
the county where the applicant resides. Provides that an absentee ballot
application received from an absent uniformed services voter, an
overseas voter, or an address confidentiality program participant is
valid for the period that ends on December 31 after the filing of the
application (rather than 12 months after the date of the application).
Requires that all absentee ballots be counted at a central location.
Provides that a voter who casts an absentee ballot before election day
may not vote in person on election day. Provides that the office of the
circuit court clerk (clerk) that is considered the clerk's primary office
is the location at which a voter is entitled to cast an absentee ballot
before an absentee voter board. Provides that the office of the board of
elections and registration (board) in Lake County that is considered the
board's primary office is the location at which a voter is entitled to cast
an absentee ballot before an absentee voter board. Provides that all
other locations at which the clerk or the board has an office must be
established as satellite offices in order to be used as locations at which
a voter is entitled to cast an absentee ballot before an absentee voter
board. Repeals provisions that: (1) have been superseded concerning
an absentee ballot application filed by an absent uniformed services
voter or an overseas voter; (2) require the counting of absentee ballots
(Continued next page)
Effective: Upon passage; July 1, 2011.
Lawson C
January 18, 2011, read first time and referred to Committee on Elections.
Digest Continued
by precinct election boards at the polls on election day; and (2) allow
voters who cast an absentee ballot to vote in person under certain
circumstances on election day.
Introduced
First Regular Session 117th General Assembly (2011)
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
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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 2010 Regular Session of the General Assembly.
SENATE BILL No. 536
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 3-7-33-3.7; (11)IN0536.1.1. -->
SECTION 1. IC 3-7-33-3.7 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 3.7. (a) This section applies to a voter
registration application submitted to the election division in person
or by mail.
(b) An eligible applicant:
(1) who submits a completed application; or
(2) on whose behalf a completed application is submitted;
in person to the election division not later than 5 p.m. on the
twenty-ninth day before an election shall be registered to vote in
the election.
(c) An eligible applicant:
(1) who submits a completed application; or
(2) on whose behalf a completed application is submitted;
by mail to the election division shall be registered to vote in the
election, if the application is postmarked not later than the
twenty-ninth day before the election. If a postmark on an
application submitted by mail is missing or illegible, an eligible
applicant shall be registered to vote in the election, if the
application is received by the election division not later than the
Monday following the close of the registration period.
(d) The election division shall promptly forward an application
received under this section to the county voter registration office
of the county where the applicant resides.
SOURCE: IC 3-11-2-16; (11)IN0536.1.2. -->
SECTION 2. IC 3-11-2-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 16. (a) If the
commission or an election board determines that a ballot printed under
the authority of the commission or election board does not comply with
a requirement imposed by this title or contains any other error or
omission that might result in confusion or mistakes by voters, the
election division or board shall:
(1) reprint or correct the ballot; or
(2) conduct a public hearing concerning the defective ballots.
(b) The commission or board may conduct the hearing after
informing each political party, ticket, or candidate that the commission
or board determines may have an interest in the matter.
(c) At the hearing, the commission or board shall hear any testimony
offered by a person concerning the defective ballots and shall make
findings of fact concerning the following:
(1) The number of ballots, if any, containing the error or omission
that have already been cast.
(2) The cost of correcting the error through the use of pasters,
reprinted ballots, or any other suitable method.
(3) Whether the error or omission would be likely to cause
confusion or mistakes by voters.
(4) Whether any voter objects to the use of the ballots,
notwithstanding the error or omission.
(d) If:
(1) a voter does not file a written objection to the use of the
ballots with the commission or board before the commission or
board concludes the hearing; and
(2) the commission or board determines that the use of the ballots
would not be likely to cause confusion or mistakes by voters;
the commission or board shall authorize the use of the defective ballots,
notwithstanding the error or omission.
(e) If:
(1) a voter files a written objection to the use of the ballots with
the election division or board before the commission or board
concludes the hearing; or
(2) the commission or board determines that the use of the ballots
would be likely to cause confusion or mistakes by voters;
the commission or board shall order the ballots to be reprinted or
altered to conform with the requirements of this title.
(f) If the commission or board acts under subsection (a) or (e), a
voter who has already voted a defective ballot by absentee ballot is
entitled to recast the voter's ballot in accordance with IC 3-11-10-1.5.
IC 3-11.5-4-2. Notwithstanding the issuance of an order under
subsection (e), a defective ballot shall be counted if the intent of the
voter can be determined and the ballot would otherwise be counted
under IC 3-12-1.
SOURCE: IC 3-11-4-3; (11)IN0536.1.3. -->
SECTION 3. IC 3-11-4-3, AS AMENDED BY P.L.66-2010,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3.
(a) 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 the date the
registration period resumes
following a primary election under
IC 3-7-13-10 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:
(A) completes the application in the office of the circuit court
clerk; or
(B) is an absent uniformed services voter or overseas voter
who requests that the ballot be transmitted by electronic mail
or 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 11:59 p.m. on the eighth day before election day if
the application:
(A) is a mailed application; or
(B) was transmitted by fax;
from other voters.
(b) An application for an absentee ballot received by the election
division by the time and date specified by subsection (a)(2)(B),
(a)(3), or (a)(4) is considered to have been timely received for
purposes of processing by the county. The election division shall
immediately transmit the application to the circuit court clerk, or
the director of the board of elections and registration, of the county
where the applicant resides. The election division is not required to
complete or file the affidavit required under section 2(h) of this
chapter whenever the election division transmits an application
under this subsection.
SOURCE: IC 3-11-4-6; (11)IN0536.1.4. -->
SECTION 4. IC 3-11-4-6, AS AMENDED BY P.L.66-2010,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 6. (a) This section applies, notwithstanding any
other provision of this title, to absentee ballot applications for the
following:
(1) An absent uniformed services voter.
(2) An address confidentiality program participant (as defined in
IC 5-26.5-1-6).
(3) An overseas voter.
(b) A county election board shall make blank absentee ballot
applications available for persons covered by this section.
after
November 20 preceding the election to which the application applies.
Except as provided in subsection (c), The A person may apply for an
absentee ballot at any time after the
applications are made available.
registration period resumes under IC 3-7-13-10.
(c) A person covered by this section may apply for an absentee
ballot for the next scheduled primary, general, or special election at any
time by filing either of the following:
(1) A combined absentee registration form and absentee ballot
request approved under 42 U.S.C. 1973ff(b)(2).
(2) A form prescribed under IC 3-5-4-8 that identifies the
applicant as an absent uniformed services voter or an overseas
voter. A form prescribed under this subdivision must permit the
applicant to designate whether the applicant wishes to receive the
absentee ballot by electronic mail, fax, or United States mail.
(d) If the county election board receives an absentee ballot
application from a person described by subsection (c), the circuit court
clerk shall mail to the person, free of postage as provided by 39 U.S.C.
3406, all ballots for the election immediately upon receipt of the ballots
under section 15 of this chapter, unless the person has indicated under
subsection (c) that the person wishes to receive the absentee ballot by
electronic mail or fax.
(e) Whenever a voter files an application for an absentee ballot and
indicates on the application that the voter
(1) is an absent uniformed services voter or an overseas voter,
and
(2) does not expect to be in the county during the twelve (12)
months following the date the application is filed;
the application is an adequate application for an absentee ballot for
both subsequent general elections and any municipal or special an
election conducted during
that the period
that ends on December 31
following the date the application is filed, unless an absentee ballot
mailed to the voter at the address set forth in the application is returned
to the county election board during that period as undeliverable. The
circuit court clerk and county election board shall process this
application and send general election absentee ballots to the voter in
the same manner as other general election and special election absentee
ballot applications and ballots are processed and sent under this
chapter.
(f) Whenever a voter described in subsection (a)(2) files an
application for a primary election absentee ballot and indicates on the
application that the voter is an address confidentiality program
participant, the application is an adequate application for a general
election absentee ballot under this chapter and an absentee ballot for a
special election conducted during the
twelve (12) months period that
ends on December 31 following the date
of the application
is filed.
The circuit court clerk and county election board shall process this
application and send general election and special election absentee
ballots to the voter in the same manner as other general election and
special election absentee ballot applications and ballots are processed
and sent under this chapter.
(g) The name, address, telephone number, and any other identifying
information relating to a program participant (as defined in
IC 5-26.5-1-6) in the address confidentiality program, as contained in
a voting registration record, is declared confidential for purposes of
IC 5-14-3-4(a)(1). The county voter registration office may not disclose
for public inspection or copying a name, an address, a telephone
number, or any other information described in this subsection, as
contained in a voting registration record, except as follows:
(1) To a law enforcement agency, upon request.
(2) As directed by a court order.
(h) The county election board shall by fax or electronic mail
transmit an absentee ballot to and receive an absentee ballot from an
absent uniformed services voter or an overseas voter by electronic mail
or fax at the request of the voter indicated in the application filed under
this section. If the voter wants to submit absentee ballots by fax or
electronic mail, the voter must separately sign and date a statement
submitted with the electronic mail or the fax transmission that states
substantively the following: "I understand that by faxing or e-mailing
my voted ballot I am voluntarily waiving my right to a secret ballot.".
(i) The county election board shall send confirmation to a voter
described in subsection (h) that the voter's absentee ballot has been
received as follows:
(1) If the voter provides a fax number to which a confirmation
may be sent, the county election board shall send the confirmation
to the voter at the fax number provided by the voter.
(2) If the voter provides an electronic mail address to which a
confirmation may be sent, the county election board shall send the
confirmation to the voter at the electronic mail address provided
by the voter.
(3) If:
(A) the voter does not provide a fax number or an electronic
mail address; or
(B) the number or address provided does not permit the board
to send the confirmation not later than the end of the first
business day after the board receives the voter's absentee
ballot;
the county election board shall send the confirmation by United
States mail.
The county election board shall send the confirmation required by this
subsection not later than the end of the first business day after the
county election board receives the voter's absentee ballot.
(j) A county election board may transmit an absentee ballot to an
absent uniformed services voter or an overseas voter by electronic mail
under a program authorized and administered by the Federal Voting
Assistance Program of the United States Department of Defense or
directly to the voter at the voter's electronic mail address, if requested
to do so by the voter. A voter described by this section may transmit the
voted absentee ballot to a county election board by electronic mail. If
a voter described in this section transmits the voted absentee ballot
through the United States Department of Defense program, the
ballot must be transmitted in accordance with the procedures
established under this that program. An electronic mail message
transmitting a voted absentee ballot under this subsection must include
an optically scanned image of the voter's signature on the statement
required under subsection (h).
SOURCE: IC 3-11-4-17.7; (11)IN0536.1.5. -->
SECTION 5. IC 3-11-4-17.7 IS AMENDED TO READ AS
FOLLOWS: Sec. 17.7. (a) This section applies when a voter:
(1) has been mailed the official ballot under this chapter; and
(2) notifies the county election board that the ballot has been
destroyed, spoiled, lost, or not received by the voter after a
reasonable time has elapsed for delivery of the ballot by mail.
(b) As required under 42 U.S.C. 15481, the voter may obtain a
replacement official ballot under the procedures set forth in this chapter
after the voter files a statement with the county election board. The
statement must affirm, under penalties of perjury, that the voter did not
receive the official ballot (or that the ballot was received by the voter,
but was destroyed, spoiled, or lost), and must set forth any facts known
by the voter concerning the destruction, spoiling, or loss of the ballot.
(c) After a voter files the statement required under subsection (b),
the county election board may issue a replacement official ballot to the
voter in accordance with this chapter. and shall include information
regarding the official replacement ballot in the certification provided
to the precinct inspector under section 22 of this chapter.
(d) After receiving the official replacement ballot, the voter shall
destroy any spoiled ballot in the possession of the voter or any lost or
delayed official ballot that comes into the possession of the voter.
SOURCE: IC 3-11-8-25.2; (11)IN0536.1.6. -->
SECTION 6. IC 3-11-8-25.2, AS AMENDED BY P.L.164-2006,
SECTION 101, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: 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 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.
SOURCE: IC 3-11-10-3; (11)IN0536.1.7. -->
SECTION 7. IC 3-11-10-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. A county election
board must receive an absentee ballot in time for the board to deliver
the ballot to the precinct election board of the voter's precinct before
the closing of the polls noon on election day.
SOURCE: IC 3-11-10-4.5; (11)IN0536.1.8. -->
SECTION 8. IC 3-11-10-4.5, AS AMENDED BY P.L.221-2005,
SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 4.5. (a) Upon receipt of an absentee ballot from
a voter required to provide additional information to the county voter
registration office under IC 3-7-33-4.5, the county election board shall
contact the county voter registration office to determine if the
additional information has been filed with the office by the voter.
(b) If the voter has filed the information with the county voter
registration office, the county election board shall add a notation to the
application indicating that the required information has been filed and
that the absentee ballot may be counted if the ballot otherwise complies
with this article.
(c) If the voter has not filed the information with the county voter
registration office, the county election board shall add a notation on the
application filed by a voter described under subsection (b) and on the
envelope provided under this chapter reading substantially as follows:
"INSPECTOR: "ABSENTEE BALLOT COUNTERS: AS OF
(insert date absentee ballot application approved) THIS VOTER
WAS REQUIRED TO FILE ADDITIONAL
DOCUMENTATION WITH THE COUNTY VOTER
REGISTRATION OFFICE BEFORE THIS BALLOT MAY BE
COUNTED. CHECK THE POLL LIST AND COUNTY
ELECTION BOARD CERTIFICATION TO SEE IF THE
VOTER HAS FILED THIS INFORMATION. IF NOT, PROCESS
AS A PROVISIONAL BALLOT IF THIS BALLOT
OTHERWISE COMPLIES WITH INDIANA LAW.".
SOURCE: IC 3-11-10-5; (11)IN0536.1.9. -->
SECTION 9. IC 3-11-10-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. If a county election
board unanimously finds that the signature on a ballot envelope or
transmitted affidavit is not genuine, the board shall write upon the
ballot envelope or transmitted affidavit the words "The county election
board has questioned the genuineness of rejected this ballot because
the signature of this voter is not genuine.". These ballots shall be
delivered to the polls on election day under section 12 of this chapter
with instructions to verify the voter's signature under section 15 of this
chapter. the absentee ballot counters on election day under
IC 3-11.5.
SOURCE: IC 3-11-10-6; (11)IN0536.1.10. -->
SECTION 10. IC 3-11-10-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. If a county election
board is unable to unanimously determine whether the signature on a
ballot envelope is genuine, the board shall write upon the ballot
envelope or transmitted affidavit the words "Signature Disputed". The
board then shall deliver all disputed ballot envelopes, together with any
evidence of a documentary nature presented before the board, to the
proper precinct at the same time that undisputed ballots are delivered.
absentee ballot counters on election day under IC 3-11.5.
SOURCE: IC 3-11-10-8; (11)IN0536.1.11. -->
SECTION 11. IC 3-11-10-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8. If a county election
board (or the absentee voter board in the office of the circuit court
clerk) unanimously finds that the signature on a ballot envelope or
transmitted affidavit is genuine, the board shall enclose immediately
the accepted and unopened ballot envelope together with the voter's
application for the absentee ballot in a large or carrier envelope. The
envelope shall be securely sealed and endorsed with the name and
official title of the circuit court clerk and the following words: "This
envelope contains an absentee ballot and must be opened only at the
polls on election day while the polls are open.". as provided under
IC 3-11.5.".
SOURCE: IC 3-11-10-9; (11)IN0536.1.12. -->
SECTION 12. IC 3-11-10-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. Each circuit court
clerk shall keep all accepted ballot envelopes securely in the clerk's
office until they are delivered to the proper precincts in accordance
with section 12 of this chapter. the ballot envelopes are opened by
the absentee ballot counters under IC 3-11.5-4.
SOURCE: IC 3-11-10-11; (11)IN0536.1.13. -->
SECTION 13. IC 3-11-10-11, AS AMENDED BY P.L.221-2005,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 11. (a)
Not later than noon on election day, each
circuit court clerk (or an agent of the clerk) shall visit the appropriate
post office to accept delivery of absentee envelopes.
at the latest
possible time that will permit delivery of the ballots to the appropriate
precinct election boards before 6 p.m.
(b) Not later than noon on election day, the county voter registration
office shall visit the appropriate post office to accept delivery of mail
containing documentation submitted by a voter to comply with
IC 3-7-33-4.5. The office shall immediately notify the county election
board regarding the filing of this documentation to permit the board to
provide certification of this filing to the appropriate precinct election
boards before 6 p.m. absentee ballot counters under IC 3-11.5-4.
SOURCE: IC 3-11-10-11.5; (11)IN0536.1.14. -->
SECTION 14. IC 3-11-10-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 11.5. The county election board
shall count absentee ballots voted by any method provided under
this chapter at a central location using the procedures in IC 3-11.5,
including the procedures for challenging absentee ballots.
SOURCE: IC 3-11-10-24; (11)IN0536.1.15. -->
SECTION 15. IC 3-11-10-24, AS AMENDED BY P.L.120-2009,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: 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.
IC 3-11.5-4-2.
SOURCE: IC 3-11-10-26; (11)IN0536.1.16. -->
SECTION 16. IC 3-11-10-26, AS AMENDED BY P.L.66-2010,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 26. (a)
This subsection applies to all counties,
except for a county to which IC 3-6-5.2 applies. As an alternative to
voting by mail, a voter is entitled to cast an absentee ballot before an
absentee voter board
at any of the following:
(1)
in The
single location that is considered the primary 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) This subsection applies to a county to which IC 3-6-5.2
applies. As an alternative to voting by mail, a voter is entitled to
cast an absentee ballot before an absentee voter board at any of the
following:
(1) A single location that is considered the primary office of
the board of elections and registration.
(2) A satellite office established under section 26.3 of this
chapter.
(c) Except for a location designated under subsection (a)(1) or
(b)(1), a location of the office of the circuit court clerk or the board
of elections and registration must be established as a satellite office
under section 26.3 of this chapter in order to be used as a location
at which a voter is entitled to cast an absentee ballot before an
absentee voter board under this section.
(b) (d) 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) (e) 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) (f) 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) (g) 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) (h) 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) (i) 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) (j) 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) (k) 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) (l) A voter casting an absentee ballot under this section is entitled
to cast the voter's ballot in accordance with IC 3-11-9.
SOURCE: IC 3-11-10-30; (11)IN0536.1.17. -->
SECTION 17. IC 3-11-10-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 30. Even though the
voter may have applied for and received an absentee ballot, a voter who
returns to the voter's place of residence before the close of the polls on
election day may vote in person under the conditions prescribed by
section 31 or 32 of this chapter.
SOURCE: IC 3-11-10-32; (11)IN0536.1.18. -->
SECTION 18. IC 3-11-10-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 32. If a voter has
marked and returned an absentee ballot, but appears the voter may not
vote in person at the a precinct. before the voter's name has been
marked on the poll list under section 16 of this chapter, then the voter
may:
(1) have the voter's absentee ballot envelope opened in the voter's
presence and the ballot contained in the envelope deposited in the
ballot box; or
(2) request a new ballot, which the voter may vote as any other
voter voting in person. However, before the voter may vote, the
inspector shall take the unopened absentee ballot envelope and
write upon the envelope the words "Unopened because voter
appeared and voted in person". The envelope shall be preserved
with other defective ballots.
SOURCE: IC 3-11.5-4-9; (11)IN0536.1.19. -->
SECTION 19. IC 3-11.5-4-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. (a) Upon delivery of
the certificates under section 8 of this chapter to a precinct election
board, the inspector shall do the following in the presence of the poll
clerks:
(1) Mark the poll list.
(2) Attach the certificates of voters who have registered and voted
under IC 3-7-36-14 to the poll list.
The poll clerks shall sign the statement printed on the certificate
indicating that the inspector marked the poll list and attached the
certificates under this section in the presence of both poll clerks to
indicate that the absentee ballot of the voter has been received by the
county election board.
(b) If a person listed in the certificate has voted in person at the
polls before the delivery of the certificate, the inspector shall initial the
voter's name on the certificate in the presence of both poll clerks. The
poll clerks shall sign the statement printed on the certificate supplied
under section 1 of this chapter indicating that the inspector initialed the
names of voters under this subsection in the presence of both poll
clerks.
(c) (b) The inspector shall then deposit:
(1) the certificate prepared under section 1 of this chapter;
(2) the certificate prepared under section 8 of this chapter; and
(3) any challenge affidavit executed by a qualified person under
section 16 of this chapter;
in an envelope in the presence of both poll clerks.
(d) (c) The inspector shall seal the envelope. The inspector and each
poll clerk shall then sign a statement printed on the envelope indicating
that the inspector or poll clerk has complied with the requirements of
this chapter governing the marking of the poll list and certificates.
(e) (d) The couriers shall immediately return the envelope described
in subsection (c) (b) to the county election board. Upon delivering the
envelope to the county election board, each courier shall sign a
statement printed on the envelope indicating that the courier has not
opened or tampered with the envelope since the envelope was delivered
to the courier.
SOURCE: IC 3-11.5-4-12; (11)IN0536.1.20. -->
SECTION 20. IC 3-11.5-4-12, AS AMENDED BY P.L.221-2005,
SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 12. (a) If the absentee ballot counters find under
section 11 of this chapter that:
(1) the affidavit is properly executed;
(2) the signatures correspond;
(3) the absentee voter is a qualified voter of the precinct;
(4) the absentee voter is registered and is not required to file
additional information with the county voter registration office
under IC 3-7-33-4.5;
(5) the absentee voter has not voted in person at the election; and
(6) (5) in case of a primary election, if the absentee voter has not
previously voted, the absentee voter has executed the proper
declaration relative to age and qualifications and the political
party with which the absentee voter intends to affiliate;
the absentee ballot counters shall open the envelope containing the
absentee ballots so as not to deface or destroy the affidavit and take out
each ballot enclosed without unfolding or permitting a ballot to be
unfolded or examined.
(b) If the absentee ballot counters find under subsection (a) that the
voter has not filed the additional information required to be filed with
the county voter registration office under IC 3-7-33-4.5, but that all of
the other findings listed under subsection (a) apply, the absentee ballot
shall be processed as a provisional ballot under IC 3-11.7.
(c) The absentee ballot counters shall then deposit the ballots in a
secure envelope with the name of the precinct set forth on the outside
of the envelope. After the absentee ballot counters or the county
election board has made the findings described in subsection (a) or
section 13 of this chapter for all absentee ballots of the precinct, the
absentee ballot counters shall remove all the ballots deposited in the
envelope under this section for counting under IC 3-11.5-5 or
IC 3-11.5-6.
SOURCE: IC 3-12-2-1; (11)IN0536.1.21. -->
SECTION 21. IC 3-12-2-1, AS AMENDED BY P.L.230-2005,
SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) This chapter:
(1) is enacted to comply with 42 U.S.C. 15481 by establishing
uniform and nondiscriminatory standards to define what will be
counted as a vote on a paper ballot; and
(2) applies to each precinct where voting is by paper ballot.
(b) After the polls have closed, each precinct election board shall
count the paper ballot votes for each candidate for each office and on
each public question. The ballots shall be counted by laying each ballot
upon a table in the order in which it is taken from the ballot box.
(c) Notwithstanding subsection (b), the precinct election board may
count absentee ballots before the polls have closed. If the precinct
election board counts absentee ballots under this subsection, a member
of the precinct election board may not, before the polls have closed,
provide any person other than a member of the precinct election board
with information concerning the number of votes:
(1) a candidate received for an office; or
(2) cast to approve or reject a public question;
on absentee ballots counted under this subsection.
(d) (c) If a precinct election board administers more than one (1)
precinct, the board shall keep the ballots cast in each precinct separate
from ballots cast in any other precinct, so that the votes cast for each
candidate and on each public question in each of the precincts
administered by the board may be determined.
SOURCE: IC 3-12-3-1.2; (11)IN0536.1.22. -->
SECTION 22. IC 3-12-3-1.2 IS AMENDED TO READ AS
FOLLOWS: Sec. 1.2. This section applies to a precinct where votes
have been cast on a ballot card system that is designed to allow the
counting and tabulation of votes by the precinct election board. Except
as provided in section 14 of this chapter, If the polls for more than one
(1) precinct are located in the same room, the inspector of a precinct
using the room may not begin the vote counting procedure until all the
polls in the room are officially closed and no more persons are waiting
in line to vote.
SOURCE: IC 3-12-3.5-1.5; (11)IN0536.1.23. -->
SECTION 23. IC 3-12-3.5-1.5 IS AMENDED TO READ AS
FOLLOWS: Sec. 1.5. Except as provided in section 7 of this chapter,
If the polls for more than one (1) precinct are located in the same room,
the inspector of a precinct using the room may not begin the vote
counting procedure until all the polls in the room are officially closed
and no more persons are waiting in line to vote.
SOURCE: IC 3-14-4-10; (11)IN0536.1.24. -->
SECTION 24. IC 3-14-4-10, AS AMENDED BY P.L.221-2005,
SECTION 140, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10. A person who knowingly
violates:
(1) IC 3-11.5-5; or
(2) IC 3-11.5-6;
(3) IC 3-12-2-1;
(4) IC 3-12-3-14; or
(5) IC 3-12-3.5-7;
by providing any other person with information concerning the number
of votes a candidate received for an office or cast to approve or reject
a public question on absentee ballots counted under IC 3-11.5-5 or
IC 3-11.5-6 or IC 3-12 before the closing of the polls commits a Class
D felony.
SOURCE: IC 3-11-4-6.1; IC 3-11-4-22; IC 3-11-10-1.5; IC 3-11-10-
7; IC 3-11-10-12; IC 3-11-10-12.5; IC 3-11-10-13; IC 3-11-10-15; IC
3-11-10-16; IC 3-11-10-16.5; IC 3-11-10-17; IC 3-11-10-18; IC 3-11-
10-19; IC 3-11-10-20; IC 3-11-10-21; IC 3-11-10-22; IC 3-11-10-23;
IC 3-11-10-33; IC 3-11-10-35; IC 3-11.5-1; IC 3-11.5-4-19; IC 3-
11.5-5-1; IC 3-11.5-6-1; IC 3-12-3-14; IC 3-12-3.5-7.
; (11)IN0536.1.25. -->
SECTION 25. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2011]: IC 3-11-4-6.1; IC 3-11-4-22; IC 3-11-10-1.5;
IC 3-11-10-7; IC 3-11-10-12; IC 3-11-10-12.5; IC 3-11-10-13;
IC 3-11-10-15; IC 3-11-10-16; IC 3-11-10-16.5; IC 3-11-10-17;
IC 3-11-10-18; IC 3-11-10-19; IC 3-11-10-20; IC 3-11-10-21;
IC 3-11-10-22; IC 3-11-10-23; IC 3-11-10-33; IC 3-11-10-35;
IC 3-11.5-1; IC 3-11.5-4-19; IC 3-11.5-5-1; IC 3-11.5-6-1;
IC 3-12-3-14; IC 3-12-3.5-7.
SOURCE: ; (11)IN0536.1.26. -->
SECTION 26.
An emergency is declared for this act.