SB 519-1_ Filed 04/04/2013, 12:52
Text Box
Adopted Rejected
[
]
COMMITTEE REPORT
YES:
9
NO:
3
MR. SPEAKER:
Your Committee on Elections and Apportionment , to which was referred Senate
Bill 519 , 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 2, line 25; (13)CR051901.2. -->
Page 2, between lines 25 and 26, begin a new paragraph and insert:
SOURCE: IC 3-5-2-47.5; (13)CR051901.4. -->
"SECTION 4. IC 3-5-2-47.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 47.5. "Signing the poll list" means:
(1) a voter writing the voter's name on the certified list of
registered voters for the precinct prepared in accordance with
IC 3-7-29-1; or
(2) a voter writing the voter's name on an electronic poll list
using an electronic signature pad at a polling place, office of
the circuit court clerk (under IC 3-11-10-26), or satellite office
(as established under IC 3-11-10-26.3) where the use of an
electronic poll list is authorized in accordance with
IC 3-7-29-6.".
SOURCE: Page 2, line 29; (13)CR051901.2. -->
Page 2, line 29, after "to" insert " IC 3-5-2 or".
Page 6, line 18, delete "secretary of family and social services" and
insert " NVRA official".
Page 6, line 19, delete "appointed under IC 12-8-1.5".
Page 9, between lines 22 and 23, begin a new paragraph and insert:
SOURCE: IC 3-7-26.3-33; (13)CR051901.37. -->
"SECTION 37. IC 3-7-26.3-33 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 33. (a) The computerized list
must have the capacity to receive vote history and other
information from an electronic pollbook certified by the secretary
of state under IC 3-11-18.1-12. This information must be able to be
uploaded into the computerized list on each day after absentee
voting concludes in the circuit court clerk's office, a satellite office,
or a vote center, and after election day.
(b) The computerized list must have the capacity to transmit
electronic images of the signature of a voter taken from the voter's
registration application, if available, to be downloaded in
connection with a voter's record on any electronic poll list certified
by the secretary of state under IC 3-11-18.1-12.".
SOURCE: Page 12, line 13; (13)CR051901.12. -->
Page 12, delete lines 13 through 42, begin a new paragraph and
insert:
SOURCE: IC 3-7-29-1; (13)CR051901.46. -->
"SECTION 46. IC 3-7-29-1, AS AMENDED BY P.L.81-2005,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) Except as provided in subsection (f), this
section does not apply to a county that:
(1) has adopted an order under section 6 of this chapter; or
(2) is a vote center county under IC 3-11-18.1.
(a) (b) Not later than ten (10) days before the election at which the
registration record is to be used, the county voter registration office
shall prepare certified copies of the list of registered voters for each
precinct in the county.
(b) (c) The lists must contain the following information concerning
each registered voter:
(1) The full name of the voter.
(2) The address of the voter.
(3) The assigned county voter identification number.
(4) Whether the voter is required to provide additional
identification before voting either in person or by absentee ballot.
(5) The voter's date of birth, including an indication whether
the voter is less than eighteen (18) years of age for a poll list
used in a primary election.
(6) The scanned signature of the voter.
(7) Whether the voter is required to provide an affirmation of
the voter's residence.
(8) A bar code that allows the county voter registration office
to efficiently record whether the voter has signed the poll list.
(9) For a poll list used in a primary election, a letter
abbreviation of the name of the major political party whose
ballot the voter has requested.
(10) A space for a poll clerk to indicate when a voter has cast
an absentee ballot.
(11) A space for a poll clerk to indicate when a voter has cast
a provisional ballot.
(12) For a voter required to submit additional documentation
required under IC 3-7-33-4.5, a space for a poll clerk to insert
letters serving as an abbreviation for the type of
documentation provided by the voter.
(c) (d) The names shall be arranged in the same order as they are in
the registration record of the precinct.
(e) The poll list must also contain a statement at the top of each
page indicating that an individual who knowingly makes a false
statement by signing a poll list or indicating on a poll list that a
voter's address has changed commits a Class D felony as provided
by IC 3-14-2-11.
(f) This subsection applies to a county that has adopted an order
under section 6 of this chapter or is a vote center county under
IC 3-11-18.1. The precinct election board shall post in a location
within the precinct or vote center a notice that:
(1) is clearly visible to an individual (or to an individual
providing assistance under IC 3-11-9) who is providing
information to a precinct election officer using an electronic
poll list; and
(2) indicates that an individual commits a Class D felony
under IC 3-14-2-11 if the individual knowingly makes a false
statement to a precinct election officer:
(A) concerning the individual's name; or
(B) indicating that the individual's address has changed.".
SOURCE: Page 13, line 1; (13)CR051901.13. -->
Page 13, delete lines 1 through 11.
Page 13, delete lines 24 through 42, begin a new paragraph and
insert:
SOURCE: IC 3-7-29-3; (13)CR051901.48. -->
"SECTION 48. IC 3-7-29-3, AS AMENDED BY P.L.164-2006,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. When the inspector of a precinct procures the
ballots and other election supplies for an election, the inspector shall
also procure from the county voter registration office the certified
copies of the registration record of the precinct with the information
required under section 1 of this chapter (or an electronic poll list in
a county in which an order is adopted under section 6 of this
chapter or that is a vote center county under IC 3-11-18.1) and
other necessary registration supplies.
SOURCE: IC 3-7-29-4; (13)CR051901.49. -->
SECTION 49. IC 3-7-29-4, AS AMENDED BY P.L.164-2006,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) This section does not apply to a county
that:
(1) has adopted an order under section 6 of this chapter; or
(2) is a vote center county under IC 3-11-18.1.
(b) The county voter registration office may also provide the
inspector of each precinct in the county with a certified photocopy
scanned copy of the signature on the affidavit of registration of each
voter of the precinct for the comparison of signatures under
IC 3-10-1-24.6 or IC 3-11-8-25.1.
SOURCE: IC 3-7-29-6; (13)CR051901.50. -->
SECTION 50. IC 3-7-29-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 6. (a) If a county election board adopts an order to
provide an electronic poll list to the inspector for use at a polling
place, an office of the circuit court clerk (under IC 3-11-10-26), or
a satellite office established under IC 3-11-10-26.3, electronic poll
lists may be used at an election (rather than certified poll lists
prepared under this chapter).
(b) An order adopted under subsection (a) must require the use
of an electronic signature (as defined in IC 26-2-8-102) to sign an
electronic poll list at an election (rather than requiring voters to
sign certified poll lists prepared under this chapter).
(c) The county voter registration office shall download the
information required to be available on an electronic poll list
before the electronic poll list is delivered and installed as required
by IC 3-11-3-11(b).".
SOURCE: Page 14, line 1; (13)CR051901.14. -->
Page 14, delete lines 1 through 16.
Page 15, line 11, after "IC 3-7-32." insert " Any version of a form
approved by the commission under section 1 of this chapter before
August 1, 2013, may not be used after December 31, 2013, or
accepted by a county voter registration office under IC 3-5-4-8.".
Page 19, line 24, after "all" insert " active".
Page 19, line 24, after "voters" insert " (as defined in
IC 3-11-18.1-2)".
Page 22, line 38, strike "an".
Page 22, line 39, strike "annual" and insert " a".
Page 22, line 42, after "each" insert " active".
Page 22, line 42, after "voter" insert " (as defined in
IC 3-11-18.1-2)".
Page 23, delete lines 2 through 13.
Page 23, line 14, delete "(c)" and insert " (b)".
Page 25, between lines 18 and 19, begin a new paragraph and insert:
SOURCE: IC 3-7-48-1; (13)CR051901.72. -->
"SECTION 72. IC 3-7-48-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Except as
otherwise provided by NVRA or in this chapter, a person whose name
does not appear on the registration record may not vote, unless the
circuit court clerk or board of county voter registration provides office
issues a signed certificate of error immediately available for
inspection in the county voter registration office where the
permanent registration record is kept showing that the voter is legally
registered in the precinct where the voter resides.
(b) A person whose name does not appear on the registration record
may cast a provisional ballot as provided in IC 3-11.7.
SOURCE: IC 3-7-48-2; (13)CR051901.73. -->
SECTION 73. IC 3-7-48-2, AS AMENDED BY P.L.81-2005,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. A certificate of error issued under section 1 of
this chapter:
(1) may be issued at any time after:
(A) the production of the certified list under IC 3-7-29;
or
(B) the downloading of the information into an electronic
poll list under IC 3-7-29-6(c);
(2) shall be executed by the circuit court clerk, or in a county with
a board of registration, by both members of the board; and
(3) shall be numbered serially in the method prescribed for entry
in the computerized list maintained under IC 3-7-26.3.
SOURCE: IC 3-7-48-3; (13)CR051901.74. -->
SECTION 74. IC 3-7-48-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) This section
does not apply whenever a county voter registration office provides
confirmation of the issuance of a certificate of error to a precinct
election officer by transmitting the confirmation through an
electronic poll list used at a precinct or vote center.
(b) One (1) copy of the certificate of error shall be delivered to the
inspector of the precinct of the voter's residence. The inspector shall
return that copy to the circuit court clerk with other election material
at the close of the polls as provided in this title. The other copy shall be
delivered to the county election board and returned to the circuit court
clerk when the polls are closed.".
SOURCE: Page 26, line 6; (13)CR051901.26. -->
Page 26, delete lines 6 through 42, begin a new paragraph and
insert:
SOURCE: IC 3-10-1-24; (13)CR051901.77. -->
"SECTION 77. IC 3-10-1-24, AS AMENDED BY P.L.164-2006,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 24. (a) A voter who desires to vote must give the
voter's name and political party to the poll clerks of the precinct on
primary election day. The poll clerks shall require the voter to write the
following on the poll list
or to provide the following information for
entry into the electronic poll list:
(1) The voter's name.
(2) Except as provided in subsection (d), the voter's current
residence address.
(3) The name of the voter's party.
(b) The poll clerks 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 a
voter identification number at the polls.
(c) If the voter is unable to sign the voter's name, the voter must sign
the poll list by mark, which must be witnessed by one (1) of the poll
clerks or assistant poll clerks acting under IC 3-6-6, who shall place the
poll clerk's or assistant poll clerk's initials after or under the mark.
(d)
The electronic poll list (or each line on a poll list sheet
provided to take a voter's current residence address) must include a box
under the heading "Address Unchanged" so that the voter may check
the box instead of writing the voter's current address on the poll
list, or if an electronic poll list is used, the poll clerk may check the
box a voter whose after stating to the voter the address shown on
the electronic poll list and receiving an oral affirmation from the
voter that the voter's 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 or reentering the
address in the electronic poll list.
(e) If the voter makes:
(1) a written affirmation on the poll list that the voter resides
at an address within the precinct but not at the address shown
on the poll list for the precinct; or
(2) an oral affirmation of a change of address under
IC 3-7-39-7;
the county election board shall direct the county voter registration
office to transfer the individual's voter registration record to the
address within the precinct indicated by the voter.".
SOURCE: Page 27, line 1; (13)CR051901.27. -->
Page 27, delete lines 1 through 6.
Page 27, between lines 20 and 21, begin a new paragraph and insert:
SOURCE: IC 3-11-3-11; (13)CR051901.79. -->
"SECTION 79. IC 3-11-3-11, AS AMENDED BY P.L.230-2005,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 11.
(a) Except as provided in subsection (b), 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. 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).
(7) Copies of the notice for posting as required by
IC 3-7-29-1(f).
(8) The blank voter registration applications required to be
provided under IC 3-7-48-7(b).
(b) This subsection applies to a county that:
(1) has adopted an order under IC 3-7-29-6 of this chapter; or
(2) is a vote center county under IC 3-11-18.1.
The county election board shall deliver and install the hardware,
firmware, and software necessary to use an electronic poll list in
each precinct or vote center.".
SOURCE: Page 28, line 24; (13)CR051901.28. -->
Page 28, delete lines 24 through 42, begin a new paragraph and
insert:
SOURCE: IC 3-11-8-10.3; (13)CR051901.83. -->
"SECTION 83. IC 3-11-8-10.3, AS ADDED BY P.L.1-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 10.3. (a) As used in this section, "electronic poll
list" refers to a poll list that is maintained in a computer data base.
(b) An electronic poll list must satisfy all of the following:
(1) An electronic poll list must be programmed so that the
coordinated action of two (2) election officers who are not
members of the same political party is necessary to access the
electronic poll list.
(2) An electronic poll list may not be connected to a voting
system.
(3) An electronic poll list may not permit access to voter
information other than:
(A) information provided on the certified list of voters
prepared under IC 3-7-29-1 ; or
(B) information concerning any of the following received
or issued after the electronic poll list has been downloaded
by the county election board under IC 3-7-29-6:
(i) The county's receipt of an absentee ballot from the
voter.
(ii) The county's receipt of additional documentation
provided by the voter to the county voter registration
office.
(iii) The county's issuance of a certificate of error.
(4) The information contained on an electronic poll list must
be encrypted and placed on a dedicated, private server to
secure connectivity between a precinct polling place or
satellite absentee office and the county election board.
(5) The electronic poll list must permit a poll clerk to enter
information regarding an individual who has appeared to vote
to verify whether the individual is eligible to vote and, if so,
whether the voter has:
(A) already cast a ballot at the election;
(B) returned an absentee ballot; or
(C) submitted any additional documentation required
under IC 3-7-33-4.5.
(6) After the voter has been provided with a ballot, the
electronic poll list must permit a poll clerk to enter
information indicating that the voter has voted at the election.
(7) The electronic poll list must transmit the information in
subdivision (6) to the county election board so that the board
may transmit the information immediately to every other
polling place or satellite absentee office in the county in which
an electronic poll list is being used.
(8) The electronic poll list must permit reports to be:
(A) generated by a county election board for a watcher
appointed under IC 3-6-8 at any time during election day;
and
(B) electronically transmitted by the county election board
to a political party or independent candidate who has
appointed a watcher under IC 3-6-8.
(9) On each day after absentee ballots are cast before an
absentee voting board in the circuit court clerk's office, a
satellite office, or a vote center, and after election day, the
electronic poll list must permit voter history to be quickly and
accurately uploaded into the computerized list.
(10) The electronic poll list must be able to display an
electronic image of the signature of a voter taken from the
voter's registration application, if available.
(11) The electronic poll list must be used with a signature pad
that permits the voter to make an electronic signature for
comparison with the signature displayed under subdivision
(10). An image of the electronic signature made by the voter
on the signature pad must be retained and identified as the
signature of the voter for the period required for retention
under IC 3-10-1-31.1.
(12) The electronic poll list must include a bar code reader
that:
(A) permits a voter who presents an Indiana driver's
license or a state identification card issued under
IC 9-24-16 to scan the license or card through the bar code
reader; and
(B) has the capability to display the voter's registration
record upon processing the information contained within
the bar code on the license or card.
(13) The electronic poll list must be compatible with:
(A) any hardware attached to the pollbook, such as
signature pads, bar code scanners, and network cards;
(B) the statewide voter registration system; and
(C) any software system used to prepare voter information
to be included on the electronic poll list.
(14) The electronic poll list must have the ability to be used in
conformity with this title for:
(A) any type of election conducted in Indiana; or
(B) any combination of elections held concurrently with a
general election, municipal election, primary election, or
special election.
(15) The procedures for setting up, using, and shutting down
an electronic poll list must:
(A) be reasonably easy for a precinct election officer to
learn, understand, and perform; and
(B) not require a significant amount of training in addition
to the training required by IC 3-6-6-40.
(16) The electronic poll list must enable a precinct election
officer to verify that the electronic poll list:
(A) has been set up correctly;
(B) is working correctly so as to verify the eligibility of the
voter;
(C) is correctly recording that a voter has voted; and
(D) has been shut down correctly.
(17) The electronic poll list must include the following
documentation:
(A) Plainly worded, complete, and detailed instructions
sufficient for a precinct election officer to set up, use, and
shut down the electronic poll list.
(B) Training materials that:
(i) may be in written or video form; and
(ii) must be in a format suitable for use at a polling place,
such as simple "how to" guides.
(C) Failsafe data recovery procedures for information
included in the electronic poll list.
(D) Usability tests:
(i) that are conducted by the manufacturer of the
electronic poll list using individuals who are
representative of the general public;
(ii) that include the setting up, using, and shutting down
of the electronic poll list; and
(iii) that report their results using the ANSI/INCITS -354
Common Industry Format (CIF) for Usability Test
Reports approved by the American National Standards
Institute (ANSI) on December 12, 2001.
(E) A clear model of the electronic poll list system
architecture and the following documentation:
(i) End user documentation.
(ii) System-level documentation.
(iii) Developer documentation.
(F) Detailed information concerning:
(i) electronic poll list consumables; and
(ii) the vendor's supply chain for those consumables.
(G) Vendor internal quality assurance procedures and any
internal or external test data and reports available to the
vendor concerning the electronic poll list.
(H) Repair and maintenance policies for the electronic poll
list.
(I) As of the date of the vendor's application for approval
of the electronic poll list by the secretary of state as
required by IC 3-11-18.1-12(2), the following:
(i) A list of customers who are using or have previously
used the vendor's electronic poll list.
(ii) A description of any known anomalies involving the
functioning of the electronic poll list, including how those
anomalies were resolved.
(18) The electronic poll list and any hardware attached to the
pollbook must be designed to prevent injury or damage to any
individual or the hardware, including fire and electrical
hazards.
(19) The electronic poll list must demonstrate that it correctly
processes all activity regarding each voter registration record
included on the list, including the use, alteration, storage, and
transmittal of information that is part of the record.
Compliance with this subdivision requires the mapping of the
data life cycle of the voter registration record as processed by
the electronic poll list.
(20) The electronic poll list must successfully perform in
accordance with all representations concerning functionality,
usability, security, accessibility, and sustainability made in the
vendor's application for approval of the electronic poll list by
the secretary of state as required by IC 3-11-18.1-12(2).
(21) The electronic poll list must:
(A) permit a voter to sign the poll list even when there is a
temporary interruption in connectivity to the Internet; and
(B) provide for the uploading of each signature and its
assignment to the voter's registration record.".
SOURCE: Page 29, line 1; (13)CR051901.29. -->
Page 29, delete lines 1 through 20.
Page 29, delete lines 29 through 42, begin a new paragraph and
insert:
SOURCE: IC 3-11-8-25.1; (13)CR051901.85. -->
"SECTION 85. IC 3-11-8-25.1, AS AMENDED BY P.L.53-2009,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: 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 precinct election 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
or to provide the following information for entry into the
electronic 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
or enter the information into the
electronic poll list. 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)
The electronic poll list (or 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
the voter may check the box
instead of writing the voter's current address on the poll list, or if
an electronic poll list is used, the poll clerk may check the box a
voter whose after stating to the voter the address shown on the
electronic poll list and receiving an oral affirmation from the voter
that the voter's 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
or reentering the
address in the electronic poll list.
(l) If the voter makes:
(1) a written affirmation on the poll list that the voter resides
at an address within the precinct but not at the address shown
on the poll list for the precinct; or
(2) an oral affirmation of a change of address under
IC 3-7-39-7;
the county election board shall direct the county voter registration
office to transfer the individual's voter registration record to the
address within the precinct indicated by the voter.
SOURCE: IC 3-11-8-25.5; (13)CR051901.86. -->
SECTION 86. IC 3-11-8-25.5, AS AMENDED BY P.L.164-2006,
SECTION 102, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 25.5. If an individual signs the
individual's name and either:
(1) signs the individual's address; or
(2) checks the "Address Unchanged" box;
on the poll list or provides the information for entry by the poll
clerk into the electronic poll list under section 25.1 of this chapter
and then leaves the polls without casting a ballot or after casting a
provisional ballot, the voter may not be permitted to reenter the polls
to cast a ballot at the election.
SOURCE: IC 3-11-8-25.7; (13)CR051901.87. -->
SECTION 87. IC 3-11-8-25.7, AS ADDED BY P.L.120-2009,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: 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, if a voter signs the
voter's name and either:
(1) writes the voter's address; or
(2) checks the "Address Unchanged" box;
on the poll list or provides the information for entry by the poll
clerk into the electronic poll list under section 25.1 of this chapter
and then leaves the polls without casting a ballot or after casting a
provisional ballot, the voter 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 at which the voter returned to the polls.
(f) The commission shall prescribe the form of the affidavit required
by this section.
SOURCE: IC 3-11-8-26.1; (13)CR051901.88. -->
SECTION 88. IC 3-11-8-26.1, AS AMENDED BY P.L.164-2006,
SECTION 103, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 26.1. (a) If a voter:
(1) cannot sign; or
(2) is a voter with a disability that makes it difficult for the voter
to sign;
the voter's name and address, the poll clerks shall, by proper
interrogation, satisfy themselves that the voter is the person the voter
represents the voter to be.
(b) If satisfied as to the voter's identity under subsection (a), one (1)
of the poll clerks shall then place the following on the poll list
or enter
the information into the electronic poll list:
(1) The voter's name.
(2) Except as provided in subsection (e), the voter's current
residence address.
(c) The poll clerks 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.
(d) The poll clerk shall then add the clerk's initials in parentheses,
after or under the signature. The voter then may vote.
(e) The electronic poll list (or each line on a poll list sheet
provided to take a voter's current residence address) must include a box
under the heading "Address Unchanged" so that the voter may check
the box instead of writing the voter's current address on the poll
list, or if an electronic poll list is used, the poll clerk may check the
box to indicate that the after stating to the voter the address shown
on the electronic poll list and receiving an oral affirmation from
the voter that the voter's residence address shown on the poll list is
the voter's current residence address instead of writing the voter's
current residence address on the poll list or reentering the address in
the electronic poll list.
SOURCE: IC 3-11-10-26; (13)CR051901.89. -->
SECTION 89. IC 3-11-10-26, AS AMENDED BY P.L.225-2011,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: 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) One (1) location of the office of the circuit court clerk
designated by the circuit court clerk.
(2) 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) The 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), a
location of the office of the circuit court clerk 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.
(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.
(e) The voter may vote before the board not more than twenty-nine
(29) twenty-eight (28) days nor later than noon on the day before
election day. If the close of a voter registration period is transferred
pursuant to IC 3-5-4-1.5 from twenty-nine (29) days to a later date
due to the Columbus Day holiday, the voter may vote before the
board on the first day following the day on which the voter
registration period closes.
(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)
twenty-eight (28) days before the election and not later than noon on
election day. If the close of a voter registration period is transferred
pursuant to IC 3-5-4-1.5 from twenty-nine (29) days to a later date
due to the Columbus Day holiday, the voter may vote before the
board on the first day following the day on which the voter
registration period closes. 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.
(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.
(h) Notwithstanding subsection (g), 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.
(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.
(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.
(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.
(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 3-11-16-4; (13)CR051901.90. -->
SECTION 90. IC 3-11-16-4, AS ADDED BY P.L.221-2005,
SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. The person or entity designated under this
chapter to conduct the program shall do the following:
(1) Develop and propose procedures and standards for the
certification, acquisition, functioning, training, and security for
voting systems used to conduct elections in Indiana.
(2) Compile and maintain an inventory of all voting systems used
to conduct elections in Indiana.
(3) Review reports concerning voting systems prepared by
independent laboratories and submitted by applicants for voting
system certification.
(4) Recommend to the commission whether an application for
voting system certification should be approved and, if so, whether
the approval should be subject to any restrictions or conditions to
ensure compliance with Indiana law.
(5) Perform any additional testing of a voting system necessary to
determine whether the voting system complies with state law.
(6) Each year perform random audits of voting systems used to
conduct Indiana elections and prepare reports indicating whether
the voting systems have been certified, programmed, and used in
compliance with Indiana law.
(7) Review contracts, leases, purchase orders, and amendments to
those documents concerning the acquisition or maintenance of
voting systems.
(8) Assist with the development of quantity purchase agreements
and other contracts for the lease or purchase of voting systems.
(9) Develop and propose procedures and standards for the
certification, acquisition, functioning, training, and security
for electronic pollbooks used to conduct elections in Indiana.
(9) (10) Perform any other duties related to the approval or use of
voting systems as provided in:
(A) state law; or
(B) the contract described in section 3 of this chapter.
SOURCE: IC 3-11-17-1; (13)CR051901.91. -->
SECTION 91. IC 3-11-17-1, AS ADDED BY P.L.221-2005,
SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. This chapter applies to a voting system or an
electronic pollbook vendor who sells, leases, installs, implements, or
permits the use of a voting system or an electronic pollbook in an
election conducted in Indiana.
SOURCE: IC 3-11-17-2; (13)CR051901.92. -->
SECTION 92. IC 3-11-17-2, AS ADDED BY P.L.221-2005,
SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. In addition to any other penalty imposed, a
vendor who knowingly, recklessly, or negligently sells, leases, installs,
implements, or permits the use of a voting system or an electronic
pollbook in an election conducted in Indiana in violation of this title is
subject to a civil penalty under this chapter.".
SOURCE: Page 30, line 1; (13)CR051901.30. -->
Page 30, delete lines 1 through 17.
Page 30, line 32, delete "." and insert " for an election that is not
being held in each precinct of the county.".
Page 30, line 38, delete "." and insert " for an election that is not
being held in each precinct of the county.".
Page 32, between lines 27 and 28, begin a new paragraph and insert:
SOURCE: IC 3-11-18.1-12; (13)CR051901.95. -->
"SECTION 95. IC 3-11-18.1-12, AS ADDED BY P.L.1-2011,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 12. (a) Notwithstanding any other law, the
electronic poll list used at each vote center
(1) must:
(1) comply with IC 3-11-8-10.3;
(2) may include an electronic image of the signature of a voter
taken from the voter's registration application, if available; and
(3) may (2) be in a format approved by the secretary of state in
accordance with this section.
(b) A person who wishes to market, sell, lease, or provide an
electronic pollbook for use in an election in Indiana must first file
an application for certification with the election division on a form
prescribed by the secretary of state.
(c) The secretary of state shall refer the application to the
person or entity conducting the voting system technical oversight
program (VSTOP) established by IC 3-11-16-2.
(d) The VSTOP shall examine the electronic pollbook with its
accompanying documentation and file a report with the secretary
of state indicating:
(1) whether the electronic pollbook would operate in
compliance with this title;
(2) any recommendations regarding the acquisition or use of
the electronic pollbook; and
(3) whether VSTOP recommends that the secretary of state
approve the electronic pollbook under this section, including
any recommended restrictions that should be placed on the
secretary of state's approval.
(e) After the report required by subsection (d) is filed, the
secretary of state may approve the application for certification,
permitting the electronic pollbook to be used in an election in
Indiana.
(f) A certification under this section expires on December 31 of
the year following the date of its issuance, unless earlier revoked by
the secretary of state upon a written finding of good cause for the
revocation.
SOURCE: IC 3-11-18.1-14.5; (13)CR051901.96. -->
SECTION 96. IC 3-11-18.1-14.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]:
Sec. 14.5. Each day after absentee
voting concludes in the circuit court clerk's office, a satellite office,
or a vote center, the county election board shall direct that the vote
history be uploaded from each electronic pollbook into the
computerized list.
SOURCE: IC 3-11.5-4-1; (13)CR051901.97. -->
SECTION 97. IC 3-11.5-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. Each circuit court
clerk shall do the following:
(1) Keep a separate absentee ballot record for each precinct in the
county.
(2) This subdivision applies to a county in which the county
voter registration office prepares a certified list of all voters
registered to vote in each precinct in the county under
IC 3-7-29-1. Certify to each inspector or the inspector's
representative, at the time that the ballots and supplies are
delivered under IC 3-11-3, the names of the voters:
(A) to whom absentee ballots were sent or who marked ballots
in person; and
(B) whose ballots have been received by the county election
board under IC 3-11-10.
(3) This subdivision applies to a county that has adopted an
order to use an electronic poll list under IC 3-7-29-6 or is a
voter center county under IC 3-11-18.1. Provide the following
information to the county voter registration office so that the
information can be included on the electronic poll list under
IC 3-7-29-6(c) at the time the county voter registration office
downloads information to an electronic poll list under
IC 3-7-29-6(c):
(A) The names of the voters to whom absentee ballots were
sent or who marked ballots in person.
(B) The names of the voters whose ballots have been
received by the county election board under IC 3-11-10.
SOURCE: IC 3-11.5-4-8; (13)CR051901.98. -->
SECTION 98. IC 3-11.5-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8.
(a) This section
does not apply to a county that:
(1) has adopted an order to use an electronic poll list under
IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1;
if the electronic poll list used at a polling place or vote center is
immediately updated to indicate that the county received, not later
than noon on election day, an absentee ballot from a voter.
(a) (b) Each county election board shall certify the names of voters:
(1) to whom absentee ballots were sent or who marked ballots in
person; and
(2) whose ballots have been received by the board under this
chapter;
after the certification under section 1 of this chapter and not later than
noon on election day.
(b) (c) The county election board shall have:
(1) the certificates described in subsection (a); (b); and
(2) the circuit court clerk's certificates for voters who have
registered and voted under IC 3-7-36-14;
delivered to the precinct election boards at their respective polls on
election day by couriers appointed under section 22 of this chapter.
(c) (d) The certificates shall be delivered not later than 3 p.m. on
election day.
SOURCE: IC 3-11.5-4-9; (13)CR051901.99. -->
SECTION 99. IC 3-11.5-4-9, AS AMENDED BY P.L.225-2011,
SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 9. (a) This section does not apply to a county
that:
(1) has adopted an order to use an electronic poll list under
IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1;
if the electronic poll list used at a polling place or vote center is
immediately updated to indicate that the county received, not later
than noon on election day, an absentee ballot from a voter.
(a) (b) 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) (c) 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.
(c) (d) 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.
(d) (e) The couriers shall immediately return the envelope described
in subsection (b) (c) 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 3-11.5-4-11; (13)CR051901.100. -->
SECTION 100. IC 3-11.5-4-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11.
(a) Except as
provided in subsection (b), at any time after the couriers return the
certificate under section 9 of this chapter, absentee ballot counters
appointed under section 22 of this chapter, in the presence of the
county election board, shall, except for a ballot rejected under section
13 of this chapter:
(1) open the outer or carrier envelope containing an absentee
ballot envelope and application;
(2) announce the absentee voter's name; and
(3) compare the signature upon the application with the signature
upon the affidavit on the ballot envelope or transmitted affidavit.
(b) This subsection applies to a county that:
(1) has adopted an order to use an electronic poll list under
IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1.
Immediately after the electronic poll lists used at each polling place
or vote center have been updated to indicate that the county
received, not later than noon on election day, an absentee ballot
from a voter, the absentee ballot counters shall, in a central
counting location designated by the county election board, count
the absentee ballot votes cast for each candidate for each office and
on each public question in the precinct.
SOURCE: IC 3-11.5-4-15; (13)CR051901.101. -->
SECTION 101. IC 3-11.5-4-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 15. (a) Except as
provided in subsection (c), the vote of an absentee voter may be
challenged at the polls for the reason that the absentee voter is not a
legal voter of the precinct where the ballot is being cast.
(b) This subsection applies before the inspector prepares to mark
the poll list to indicate that an absentee ballot cast by the voter has been
received by the county election board according to a certificate
delivered to the polls under section 1 or section 8 of this chapter. The
inspector shall notify the challengers and the pollbook holders that the
inspector is about to mark the poll list under this section. The inspector
shall provide the challengers and pollbook holders with the name and
address of each voter listed in the certificate so that the voter may be
challenged under this article.
(c) This section applies to a county that:
(1) has adopted an order to use an electronic poll list under
IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1.
The vote of an absentee ballot may be challenged for the reason
that the absentee voter is not a legal voter of the precinct for which
the absentee ballot was issued. Before the absentee ballot counters
process an absentee ballot, the absentee ballot counters shall notify
the county election board. A county election board member, or a
representative designated by the county election board member,
may challenge the counting of an absentee ballot.
(c) (d) The challenge under this section must be determined using
the procedures for counting a provisional ballot under IC 3-11.7.
SOURCE: IC 3-11.5-4-16; (13)CR051901.102. -->
SECTION 102. IC 3-11.5-4-16, AS AMENDED BY P.L.164-2006,
SECTION 120, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 16. (a) If an absentee ballot is
challenged under section 15 of this chapter, the absentee voter's
application for an absentee ballot shall be considered as the affidavit
required to be made by a voter when challenged at the polls while
voting in person.
(b) Except as provided in subsection (c), the challenge procedure
under this section is the same as though the ballot was cast by the voter
in person.
(c) An absentee voter is not required to provide proof of
identification.
(d) This subsection does not apply to a county that:
(1) has adopted an order to use an electronic poll list under
IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1.
If a proper affidavit by a qualified person in the form required by
IC 3-11-8-22.1 is made that would entitle the absentee voter to vote if
the absentee voter had personally appeared, the couriers shall return the
affidavit to the county election board in the same envelope as the
certificate returned under section 9 of this chapter.
(e) The absentee ballot cast by the challenged voter shall be counted
if the county election board makes the findings required under section
11 of this chapter. IC 3-11.7.
SOURCE: IC 3-11.5-4-22; (13)CR051901.103. -->
SECTION 103. IC 3-11.5-4-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 22. (a) Except as
provided in subsection (b), each county election board shall appoint:
(1) absentee voter boards;
(2) teams of absentee ballot counters; and
(3) teams of couriers;
consisting of two (2) voters of the county, one (1) from each of the two
(2) political parties that have appointed members on the county
election board.
(b) Notwithstanding subsection (a), a county election board:
(1) may appoint, by a unanimous vote of the board's members,
only one (1) absentee ballot courier if the person appointed is a
voter of the county;
and
(2) shall not appoint teams of couriers, if the county:
(A) has adopted an order to use an electronic poll list
under IC 3-7-29-6; or
(B) is a vote center county under IC 3-11-18.1.
(c) An otherwise qualified person is eligible to serve on an absentee
voter board or as an absentee ballot counter or a courier unless the
person:
(1) is unable to read, write, and speak the English language;
(2) has any property bet or wagered on the result of the election;
(3) is a candidate to be voted for at the election except as an
unopposed candidate for precinct committeeman or state
convention delegate; or
(4) is the spouse, parent, father-in-law, mother-in-law, child,
son-in-law, daughter-in-law, grandparent, grandchild, brother,
sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece
of a candidate or declared write-in candidate to be voted for at the
election except as an unopposed candidate. This subdivision
disqualifies a person whose relationship to the candidate is the
result of birth, marriage, or adoption.
(d) A person who is a candidate to be voted for at the election or
who is related to a candidate in a manner that would result in
disqualification under subsection (c) may, notwithstanding subsection
(c), serve as a member of an absentee voter board if:
(1) the candidate is seeking nomination or election to an office in
an election district that does not consist of the entire county; and
(2) the county election board restricts the duties of the person as
an absentee voter board member to performing functions that
could have no influence on the casting or counting of absentee
ballots within the election district.
SOURCE: IC 3-11.5-4-24; (13)CR051901.104. -->
SECTION 104. IC 3-11.5-4-24, AS AMENDED BY P.L.221-2005,
SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 24. (a) This section does not apply to a county
that:
(1) has adopted an order to use an electronic poll list under
IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1.
(a) (b) In addition to the preparations described in IC 3-11-11-2,
IC 3-11-13-27, or IC 3-11-14-16, the inspector shall:
(1) mark the poll list; and
(2) attach the certificates of voters who have registered and voted
under IC 3-7-36-14 to the poll list;
in the presence of the poll clerks to indicate the voters of the precinct
whose absentee ballots have been received by the county election board
according to the certificate supplied under section 1 of this chapter.
(b) (c) The poll clerks shall sign the statement printed on the
certificate supplied under section 1 of this chapter indicating that the
inspector:
(1) marked the poll list; and
(2) attached the certificates described in subsection (a)(2); (b)(2);
under this section in the presence of both poll clerks.
(c) (d) The inspector shall retain custody of the certificate supplied
under section 1 of this chapter until the certificate is returned under
section 9 of this chapter.
SOURCE: IC 3-11.5-5-3; (13)CR051901.105. -->
SECTION 105. IC 3-11.5-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) Except as
provided in subsection (b), immediately after:
(1) the couriers have returned the certificate from a precinct under
IC 3-11.5-4-9; and
(2) the absentee ballot counters or the county election board have
made the findings required under IC 3-11-10 and IC 3-11.5-4 for
the absentee ballots cast by voters of the precinct and deposited
the accepted absentee ballots in the envelope required under
IC 3-11.5-4-12;
the absentee ballot counters shall, in a central counting location
designated by the county election board, count the absentee ballot votes
for each candidate for each office and on each public question in the
precinct.
(b) This subsection applies to a county that:
(1) has adopted an order to use an electronic poll list under
IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1.
Immediately after the electronic poll lists used at each polling place
or vote center have been updated to indicate that the county
received, not later than noon on election day, an absentee ballot
from a voter, the absentee ballot counters shall, in a central
counting location designated by the county election board, count
the absentee ballot votes cast for each candidate for each office and
on each public question in the precinct.
SOURCE: IC 3-11.5-6-3; (13)CR051901.106. -->
SECTION 106. IC 3-11.5-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3.
(a) Except as
provided in subsection (b), immediately after:
(1) the couriers have returned the certificate from a precinct under
IC 3-11.5-4-9; and
(2) the absentee ballot counters or the county election board has
made the findings required under IC 3-11-10 and IC 3-11.5-4 for
the absentee ballots cast by voters of the precinct and deposited
the accepted absentee ballots in the envelope required under
IC 3-11.5-4-12;
the absentee ballot counters shall, in a central counting location
designated by the county election board, count the absentee ballot votes
for each candidate for each office and on each public question in the
precinct with the assistance of any persons required for the operation
of the automatic tabulating machine.
(b) This subsection applies to a county that:
(1) has adopted an order to use an electronic poll list under
IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1.
Immediately after the electronic poll lists used at each polling place
or vote center have been updated to indicate that the county
received, not later than noon on election day, an absentee ballot
from a voter, the absentee ballot counters shall, in a central
counting location designated by the county election board, count
the absentee ballot votes cast for each candidate for each office and
on each public question in the precinct.
SOURCE: IC 3-14-1-17; (13)CR051901.107. -->
SECTION 107. IC 3-14-1-17 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 17. (a) As used in this section,
"government employee" refers to any of the following:
(1) An employee of the state.
(2) An employee of a political subdivision.
(3) A special state appointee (as defined in IC 4-2-6-1).
(b) As used in this section, "government employer" refers to the
state or a political subdivision.
(c) As used in this section, "property" refers only to the
following:
(1) Equipment, goods, and materials, including mail and
messaging systems.
(2) Money.
(d) A government employee may not knowingly or intentionally
do any of the following:
(1) Use the property of the employee's government employer
to do any of the following:
(A) Solicit a contribution.
(B) Advocate the election or defeat of a candidate.
(C) Advocate the approval or defeat of a public question.
(2) Distribute campaign materials advocating:
(A) the election or defeat of a candidate; or
(B) the approval or defeat of a public question;
on the government employer's real property during regular
working hours.
This subsection does not prohibit activities permitted under
IC 6-1.1-20.
(e) A government employee who knowingly or intentionally
performs several actions described in subsection (d) in a connected
series that are closely related in time, place, and circumstance may
be charged with only one (1) violation of this section for that
connected series of actions.
(f) A government employee who violates this section commits a
Class A misdemeanor. However, the offense is a Class D felony if
the person has a prior unrelated conviction under this section.".
SOURCE: Page 32, line 41; (13)CR051901.32. -->
Page 32, line 41, after "mail." insert " The absentee ballot
application of a program participant is confidential.".
Page 35, delete lines 24 through 37, begin a new paragraph and
insert:
SOURCE: IC 16-35-1.6-7; (13)CR051901.115. -->
"SECTION 115. IC 16-35-1.6-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. A designated
employee may use any of the following methods to transmit voter
registration applications or declinations under section 5 or 6 of this
chapter:
(1) Hand delivery to the circuit court clerk or board of
registration.
(2) Certified Delivery by the United States Postal Service,
using first class mail. return receipt requested.".
SOURCE: Page 36, line 5; (13)CR051901.36. -->
Page 36, between lines 5 and 6, begin a new paragraph and insert:
SOURCE: IC 35-51-3-1; (13)CR051901.116. -->
"SECTION 116. IC 35-51-3-1, AS ADDED BY P.L.70-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. The following statutes define crimes in IC 3:
IC 3-14-1:
IC 3-14-1-1 (Concerning elections).
IC 3-14-1-2 (Concerning elections).
IC 3-14-1-3 (Concerning elections).
IC 3-14-1-6 (Concerning elections).
IC 3-14-1-7 (Concerning elections).
IC 3-14-1-10 (Concerning elections).
IC 3-14-1-10.5 (Concerning elections).
IC 3-14-1-11 (Concerning elections).
IC 3-14-1-13 (Concerning elections).
IC 3-14-1-14 (Concerning elections).
IC 3-14-1-14.5 (Concerning elections).
IC 3-14-1-17 (Concerning election campaign violations).
IC 3-14-2-1 (Concerning voting).
IC 3-14-2-2 (Concerning voting).
IC 3-14-2-2.5 (Concerning voting).
IC 3-14-2-3 (Concerning voting).
IC 3-14-2-4 (Concerning voting).
IC 3-14-2-5 (Concerning voting).
IC 3-14-2-6 (Concerning voting).
IC 3-14-2-7 (Concerning voting).
IC 3-14-2-8 (Concerning voting).
IC 3-14-2-9 (Concerning voting).
IC 3-14-2-10 (Concerning voting).
IC 3-14-2-11 (Concerning voting).
IC 3-14-2-12 (Concerning voting).
IC 3-14-2-13 (Concerning voting).
IC 3-14-2-14 (Concerning voting).
IC 3-14-2-15 (Concerning voting).
IC 3-14-2-16 (Concerning voting).
IC 3-14-2-17 (Concerning voting).
IC 3-14-2-18 (Concerning voting).
IC 3-14-2-19 (Concerning voting).
IC 3-14-2-20 (Concerning voting).
IC 3-14-2-21 (Concerning voting).
IC 3-14-2-22 (Concerning voting).
IC 3-14-2-23 (Concerning voting).
IC 3-14-2-24 (Concerning voting).
IC 3-14-2-25 (Concerning voting).
IC 3-14-2-26 (Concerning voting).
IC 3-14-2-27 (Concerning voting).
IC 3-14-2-28 (Concerning voting).
IC 3-14-2-29 (Concerning voting).
IC 3-14-2-30 (Concerning voting).
IC 3-14-3-1.1 (Concerning voting).
IC 3-14-3-2 (Concerning voting).
IC 3-14-3-3 (Concerning voting).
IC 3-14-3-4 (Concerning voting).
IC 3-14-3-5 (Concerning voting).
IC 3-14-3-6 (Concerning voting).
IC 3-14-3-7 (Concerning voting).
IC 3-14-3-8 (Concerning voting).
IC 3-14-3-9 (Concerning voting).
IC 3-14-3-10 (Concerning voting).
IC 3-14-3-11 (Concerning voting).
IC 3-14-3-12 (Concerning voting).
IC 3-14-3-13 (Concerning voting).
IC 3-14-3-14 (Concerning voting).
IC 3-14-3-15 (Concerning voting).
IC 3-14-3-16 (Concerning voting).
IC 3-14-3-17 (Concerning voting).
IC 3-14-3-18 (Concerning voting).
IC 3-14-3-19 (Concerning voting).
IC 3-14-3-20 (Concerning voting).
IC 3-14-3-20.5 (Concerning voting).
IC 3-14-3-21 (Concerning voting).
IC 3-14-3-21.5 (Concerning voting).
IC 3-14-4-1 (Concerning elections).
IC 3-14-4-2 (Concerning elections).
IC 3-14-4-3 (Concerning elections).
IC 3-14-4-3.5 (Concerning elections).
IC 3-14-4-4 (Concerning elections).
IC 3-14-4-6 (Concerning elections).
IC 3-14-4-7 (Concerning elections).
IC 3-14-4-8 (Concerning elections).
IC 3-14-4-9 (Concerning elections).
IC 3-14-4-10 (Concerning elections).
IC 3-14-6-1.1 (Concerning elections).
IC 3-14-6-2 (Concerning elections).
SOURCE: IC 35-51-3-2; (13)CR051901.117. -->
SECTION 117. IC 35-51-3-2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]:
Sec. 2. The following statutes define
crimes in IC 3-14-2:
IC 3-14-2-1 (Concerning voting).
IC 3-14-2-2 (Concerning voting).
IC 3-14-2-2.5 (Concerning voting).
IC 3-14-2-3 (Concerning voting).
IC 3-14-2-4 (Concerning voting).
IC 3-14-2-5 (Concerning voting).
IC 3-14-2-6 (Concerning voting).
IC 3-14-2-7 (Concerning voting).
IC 3-14-2-8 (Concerning voting).
IC 3-14-2-9 (Concerning voting).
IC 3-14-2-10 (Concerning voting).
IC 3-14-2-11 (Concerning voting).
IC 3-14-2-12 (Concerning voting).
IC 3-14-2-13 (Concerning voting).
IC 3-14-2-14 (Concerning voting).
IC 3-14-2-15 (Concerning voting).
IC 3-14-2-16 (Concerning voting).
IC 3-14-2-17 (Concerning voting).
IC 3-14-2-18 (Concerning voting).
IC 3-14-2-19 (Concerning voting).
IC 3-14-2-20 (Concerning voting).
IC 3-14-2-21 (Concerning voting).
IC 3-14-2-22 (Concerning voting).
IC 3-14-2-23 (Concerning voting).
IC 3-14-2-24 (Concerning voting).
IC 3-14-2-25 (Concerning voting).
IC 3-14-2-26 (Concerning voting).
IC 3-14-2-27 (Concerning voting).
IC 3-14-2-28 (Concerning voting).
IC 3-14-2-29 (Concerning voting).
IC 3-14-2-30 (Concerning voting).
SOURCE: IC 35-51-3-3; (13)CR051901.118. -->
SECTION 118. IC 35-51-3-3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3. The following statutes define
crimes in IC 3-14-3:
IC 3-14-3-1.1 (Concerning voting).
IC 3-14-3-2 (Concerning voting).
IC 3-14-3-3 (Concerning voting).
IC 3-14-3-4 (Concerning voting).
IC 3-14-3-5 (Concerning voting).
IC 3-14-3-6 (Concerning voting).
IC 3-14-3-7 (Concerning voting).
IC 3-14-3-8 (Concerning voting).
IC 3-14-3-9 (Concerning voting).
IC 3-14-3-10 (Concerning voting).
IC 3-14-3-11 (Concerning voting).
IC 3-14-3-12 (Concerning voting).
IC 3-14-3-13 (Concerning voting).
IC 3-14-3-14 (Concerning voting).
IC 3-14-3-15 (Concerning voting).
IC 3-14-3-16 (Concerning voting).
IC 3-14-3-17 (Concerning voting).
IC 3-14-3-18 (Concerning voting).
IC 3-14-3-19 (Concerning voting).
IC 3-14-3-20 (Concerning voting).
IC 3-14-3-20.5 (Concerning voting).
IC 3-14-3-21 (Concerning voting).
IC 3-14-3-21.5 (Concerning voting).
SOURCE: IC 35-51-3-4; (13)CR051901.119. -->
SECTION 119. IC 35-51-3-4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 4. The following statutes define
crimes in IC 3-14-4:
IC 3-14-4-1 (Concerning elections).
IC 3-14-4-2 (Concerning elections).
IC 3-14-4-3 (Concerning elections).
IC 3-14-4-3.5 (Concerning elections).
IC 3-14-4-4 (Concerning elections).
IC 3-14-4-6 (Concerning elections).
IC 3-14-4-7 (Concerning elections).
IC 3-14-4-8 (Concerning elections).
IC 3-14-4-9 (Concerning elections).
IC 3-14-4-10 (Concerning elections).
SOURCE: IC 35-51-3-6; (13)CR051901.120. -->
SECTION 120. IC 35-51-3-6 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]:
Sec. 6. The following statutes define
crimes in IC 3-14-6:
IC 3-14-6-1.1 (Concerning elections).
IC 3-14-6-2 (Concerning elections).".
Renumber all SECTIONS consecutively.
(Reference is to SB 519 as printed February 19, 2013.)
and when so amended that said bill do pass.
__________________________________
CR051901/DI 75 2013