SB 518-1_ Filed 03/28/2013, 09:16
Adopted 3/28/2013


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

12

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Elections and Apportionment     , to which was referred       Senate Bill 518     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 15; (13)AM051814.1. -->     Page 1, line 15, delete "An illuminated" and insert " A highlighted".
    Page 4, between lines 21 and 22, begin a new paragraph and insert:
SOURCE: IC 3-6-8-1; (13)AM051814.7. -->     "SECTION 7. IC 3-6-8-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) The state chairman and county chairman of each bona fide political party or an independent candidate for a federal or a state office is are entitled to appoint watchers at each precinct in which the political party or independent candidate is on the ballot.
    (b) This subsection applies to a public question that is submitted to the electorate. A county election board may appoint watchers if a petition requesting the appointment is filed with the board. The petition must be signed by:
        (1) the chairman of a political action committee organized under IC 3-9 to support or oppose the approval of the public question;

and
        (2) at least the number of voters equal to two percent (2%) of the votes cast in the last election for secretary of state in the county.
    (c) Except as provided in subsection (d), at any time during election day, each political action committee, each political party, or an independent candidate for a federal or a state office may have only one (1) watcher present at each precinct's polls.
     (d) If both the state chairman and the county chairman of a political party have appointed watchers within the county, the political party may have two (2) watchers present at the polls of each precinct of the county at any time during election day.

SOURCE: IC 3-6-8-3; (13)AM051814.8. -->     SECTION 8. IC 3-6-8-3, AS AMENDED BY P.L.230-2005, SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A watcher present at the polls must possess an identification card issued under this section and present the card if demanded by a member of the precinct election board.
    (b) The county election board, state chairman, county chairman, or chairman of the committee of the independent candidate for a federal or a state office:
        (1) must appoint each watcher in writing; and
        (2) shall issue one (1) watcher identification card for each person appointed as a watcher.
    (c) The identification card must be signed by the chairman of the county election board, state chairman, county chairman of the party, or chairman of the committee of the independent candidate for a federal or a state office that the watcher represents.
    (d) The identification card described in subsection (a) must clearly state the following:
        (1) The status of the individual as an appointed watcher.
        (2) The name of the individual serving as a watcher.
        (3) The name of the person who appointed the individual as a watcher.
        (4) If the individual has been appointed as a watcher by a political party, the name of the political party.".
SOURCE: Page 11, line 19; (13)AM051814.11. -->     Page 11, delete lines 19 through 42.
    Page 12, delete line 1.
    Page 13, between lines 27 and 28, begin a new paragraph and insert:
    " (d) A statement concerning the validity of a declaration of

intent to be a write-in candidate for a school board office under section 4 of this chapter must be filed with the county election board in accordance with IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of the general election. A question regarding the validity of a declaration of intent to be a write-in candidate for a school board office shall be referred to and determined by the county election board not later than noon fifty-four (54) days before the date of the general election.".
    Page 18, between lines 3 and 4, begin a new paragraph and insert:

SOURCE: IC 3-8-7-1; (13)AM051814.30. -->     "SECTION 30. IC 3-8-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Subject to subsections (b) and (c), the candidate of a political party receiving the highest vote for an office at a primary election is the nominee of that party for that office.
     (b) If the candidate of a political party receiving the highest vote for an office at a primary election for which a declaration of candidacy must be filed with the secretary of state or election division under IC 3-8-2 dies before the certification of primary election results by the election division, the election division shall promptly certify to the state chairman of the political party that a candidate vacancy exists, which may be filled by the political party under IC 3-13-1.
    (c) If the candidate of a political party receiving the highest vote for an office at a primary election for which a declaration of candidacy must be filed with the circuit court clerk under IC 3-8-2 dies before the certification of primary election results by the county election board, the county election board shall promptly certify to the county chairman of the political party that a candidate vacancy exists, which may be filled by the political party under IC 3-13-1.
".
SOURCE: Page 18, line 29; (13)AM051814.18. -->     Page 18, between lines 29 and 30, begin a new paragraph and insert:
SOURCE: IC 3-8-9-5; (13)AM051814.32. -->     "SECTION 32. IC 3-8-9-5, AS ADDED BY P.L.90-2012, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. An individual required to file a statement under section 4 of this chapter shall file the statement as follows:
        (1) With the individual's:
            (A) declaration of candidacy under IC 3-8-2 or IC 3-8-5;
            (B) petition of nomination under IC 3-8-2.5 or IC 3-8-6;
             (C) certificate of nomination under IC 3-10-2-15 or IC 3-10-6-12;
            (D) statement consenting to be a replacement candidate under IC 3-8-6-17;

            (C) (E) declaration of intent to be a write-in candidate under IC 3-8-2-2.5; or
            (D) (F) certificate of candidate selection under IC 3-13-1 or IC 3-13-2.
        (2) When the individual assumes a vacant elected office under IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, or IC 3-13-11. A statement filed under this subdivision must be filed not later than noon sixty (60) days after the individual assumes the elected office.".
SOURCE: Page 18, line 36; (13)AM051814.18. -->     Page 18, line 36, before "where" delete "group" and insert "group,".
    Page 22, between lines 28 and 29, begin a new paragraph and insert:
SOURCE: IC 3-11-1.5-10.7; (13)AM051814.41. -->     "SECTION 41. IC 3-11-1.5-10.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10.7. If a conflict exists between the map of a precinct and the description of the boundaries of a precinct submitted by a county and approved under this chapter, the precinct boundary is the description of the boundaries of the precinct, rather than the map of the precinct, to the extent of any conflict between the map and the description.".
SOURCE: Page 24, line 18; (13)AM051814.24. -->     Page 24, line 18, after "by" insert " IC 3-7-29-6 or".
    Page 25, delete lines 14 through 22, begin a new paragraph and insert:
    " (c) The county election board shall not print the name of a deceased candidate described in subsection (b) on a primary ballot. However, if the county election board has already printed ballots containing the name of the deceased candidate, the county may provide those ballots to voters and shall not reprint the ballot to remove the name of the deceased candidate.
    (d) A voter who has cast a ballot containing the name of a deceased candidate is entitled to request a replacement absentee ballot under IC 3-11-10-1.5.
".
    Page 25, delete lines 35 through 41, begin a new paragraph and insert:
    " (c) However, if the county election board has already printed

ballots containing the name of the deceased candidate, the county may provide those ballots to voters and shall not reprint the ballot to remove the name of the deceased candidate.
    (d) A voter who has cast a ballot containing the name of a deceased candidate is entitled to request a replacement absentee ballot under IC 3-11-10-1.5.
".
    Page 28, delete lines 37 through 42, begin a new paragraph and insert:

SOURCE: IC 3-11-4-5.1; (13)AM051814.53. -->     "SECTION 53. IC 3-11-4-5.1, AS AMENDED BY HEA 1157-2013, SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5.1. (a) The commission shall prescribe the form of an application for an absentee ballot.
    (b) This subsection does not apply to the form for an absentee ballot application to be submitted by an absent uniformed services voter or overseas voter that contains a standardized oath for those voters. The form of the application for an absentee ballot must do all of the following:
        (1) Require the applicant to swear to or affirm under the penalties of perjury that all of the information set forth on the application is true to the best of the applicant's knowledge and belief.
        (2) Require a person who assisted with the completion of the application to swear to or affirm under the penalties of perjury the statements set forth in section 2(f) of this chapter.
         (3) Serve as a verified statement for a voter to indicate a change of name under IC 3-7-41. The form must require the applicant to indicate the applicant's previous name.
        (3) (4) Set forth the penalties for perjury.
    (c) The form prescribed by the commission shall require that a voter who:
        (1) requests an absentee ballot; and
        (2) is eligible to vote in the precinct under IC 3-10-11 or IC 3-10-12;
must include the affidavit required by IC 3-10-11 or a written affirmation described in IC 3-10-12.
    (d) Not later than June 30, 2012, 2013, the commission shall approve absentee ballot application forms that comply with this subsection and section 2(g) of this chapter and permit the applicant to indicate a change of name under subsection (b). The form

prescribed by the commission must request that a voter who requests an absentee ballot:
        (1) provide the last four (4) digits of the voter's Social Security number; or
        (2) state that the voter does not have a Social Security number.
The form must indicate that the voter's compliance with this request is optional.
    (e) An application form submitted by a voter after June 30, 2012, 2013, must:
        (1) comply with subsection (d); or
        (2) be an earlier approved version of an application form authorized for use on June 30, 2012. 2013.
    (f) The form prescribed by the commission must include a statement that permits an applicant to indicate whether:
        (1) the applicant has been certified and is currently a participant in the address confidentiality program under IC 5-26.5-2; and
        (2) the applicant's legal residence is at the address set forth in the applicant's voter registration.
If the applicant confirms these statements, the applicant may indicate the address of the office of the attorney general as the address at which the applicant resides and to which the absentee ballot is to be mailed.".
    Delete page 29.

SOURCE: Page 30, line 1; (13)AM051814.30. -->     Page 30, delete lines 1 through 4.
    Page 34, delete lines 3 through 15.
    Page 34, line 25, after "under" insert " IC 3-6-6-8 or".
    Page 41, line 41, delete "subdivision" and insert " subsection".
    Page 42, between lines 10 and 11, begin a new paragraph and insert:
    " (e) This subsection does not apply to an absentee ballot application challenged under IC 3-11-4-18.5 until the challenge has been decided by the election board. If the absentee ballot is requested by an absent uniformed services voter or an overseas voter, the absentee ballot shall be mailed:
        (1) not more than five (5) days after the date of delivery of the ballots under IC 3-11-4-15; or
        (2) on the day of the receipt of the voter's application;
whichever is later.
".
    Page 54, between lines 36 and 37, begin a new paragraph and insert:
SOURCE: IC 3-12-8-1; (13)AM051814.79. -->     "SECTION 79. IC 3-12-8-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) This section does not apply to a challenge filed before an election to the eligibility of a candidate nominated by petition for election to an office. The challenge described by this subsection must be conducted in accordance with IC 3-8-1-2.
    (b) Any candidate for nomination or election to a local or school board office may contest the nomination or election of a candidate who is declared nominated or elected to the office, except a candidate who:
        (1) receives the most votes in a primary election; and
        (2) is certified as deceased under IC 3-8-7-1.

    (c) If a candidate who is entitled to contest the nomination or election of a candidate under this chapter does not file a petition within the period established by section 5 of this chapter, the county chairman of a political party of which the candidate entitled to file a petition under this chapter was a member may file a petition to contest the nomination or election of a candidate. A county chairman is entitled to contest an election under this chapter only in a partisan race.
SOURCE: IC 3-12-8-2; (13)AM051814.80. -->     SECTION 80. IC 3-12-8-2, AS AMENDED BY P.L.221-2005, SECTION 118, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. An election may be contested under section 1 of this chapter if a petitioner alleges that one (1) of the following circumstances existed:
        (1) The contestee was ineligible (other than a candidate in a primary election certified as deceased under IC 3-8-7-1).
        (2) A mistake occurred in the printing or distribution of ballots used in the election that makes it impossible to determine which candidate received the highest number of votes.
        (3) A mistake occurred in the programming of an electronic voting system, making it impossible to determine the candidate who received the highest number of votes.
        (4) An electronic voting system malfunctioned, making it impossible to determine the candidate who received the highest number of votes.
        (5) A deliberate act or series of actions occurred making it impossible to determine the candidate who received the highest number of votes cast in the election.".
SOURCE: Page 55, line 39; (13)AM051814.55. -->     Page 55, between lines 39 and 40, begin a new paragraph and insert:
SOURCE: IC 3-12-11-1; (13)AM051814.84. -->     "SECTION 84. IC 3-12-11-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Except as provided in subsection (d), any candidate:
        (1) in a presidential primary election;
        (2) for nomination to a federal, state, or legislative office in a primary election; or
        (3) for a federal, state, or legislative office;
is entitled to have the votes cast for that office recounted or to contest the nomination or election of a candidate under this chapter. A recount may be conducted in one (1) or more of the precincts in which votes were cast for the office.
    (b) This subsection applies to an election for a federal or statewide state office. Except as provided in subsection (d), if a candidate who is entitled to file a petition for a recount or contest under this chapter does not file a petition within the period established by section 2 of this chapter, the state chairman of the candidate's political party may file a petition to:
        (1) have the votes recounted in one (1) or more precincts; or
        (2) contest the nomination or election of a candidate.
    (c) This subsection applies to an election for a legislative office. Except as provided in subsection (d), if a candidate who is entitled to file a petition for a recount or contest under this chapter does not file a petition within the period established by section 2 of this chapter, a county chairman who:
        (1) resides in a county located within the election district in which the recount or contest is desired; and
        (2) is a member of the same political party as the candidate entitled to petition for a recount or contest under this chapter;
may file a petition to have the votes recounted in one (1) or more precincts or to contest the nomination or election of a candidate.
     (d) The nomination of a candidate in a primary election who has been certified as deceased under IC 3-8-7-1 may not be contested under this chapter.".
SOURCE: Page 56, line 16; (13)AM051814.56. -->     Page 56, line 16, strike "grant" and insert " accept".
    Page 65, between lines 27 and 28, begin a new paragraph and insert:
SOURCE: IC 36-1.5-4-26; (13)AM051814.102. -->     "SECTION 102. IC 36-1.5-4-26, AS ADDED BY P.L.186-2006, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2013]: Sec. 26. When a county recorder has received certifications under this chapter from all of the reorganizing political subdivisions, either from the legislative body of a political subdivision or from a clerk of the circuit court after a petition process under section 23.5 of this chapter in a political subdivision, the county recorder shall notify the county election board of each county in which a reorganizing political subdivision is located. that a public question on a plan of reorganization is eligible to be placed on the ballot for consideration of the voters of each of the reorganizing political subdivisions or (in the case of a reorganization described in section 1(a)(9) of this chapter) for consideration by the voters of the entire county.".

SOURCE: Page 65, line 32; (13)AM051814.65. -->     Page 65, line 32, reset in roman "has notified".
    Page 65, line 32, delete "certifies to".
    Page 65, line 32, strike "that a public question".
    Page 65, strike line 33.
    Page 65, line 34, strike "county election board shall".
    Page 65, line 34, delete ", not later than noon of the August 1".
    Page 65, delete lines 35 through 36.
    Page 65, line 37, delete "reorganizing political subdivisions, adopt an order to".
    Page 65, line 37, strike "place the".
    Page 65, line 38, strike "public question on the ballot in accordance with IC 3-10-9 on the".
    Page 65, line 39, delete "next".
    Page 65, line 39, strike "regularly scheduled general election or municipal election".
    Page 65, line 40, strike "(excluding any primary elections)".
    Page 65, line 40, delete ".".
    Page 65, line 42, after "received." insert " under section 26 of this chapter, the county election board shall prepare and submit ballot language to the department of local government finance.
SOURCE: IC 36-1.5-4-30; (13)AM051814.104. -->     SECTION 104. IC 36-1.5-4-30, AS ADDED BY P.L.186-2006, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 30. (a) Except as provided in subsection (b), at the same time that election results are certified under IC 3, the circuit court clerk of each of the counties in which a public question under this chapter is on the ballot shall jointly issue, in the form prescribed by the state Indiana election board, commission, a certificate declaring

whether the public question is approved or rejected by a majority of the voters voting on the public question in each of the reorganizing political subdivisions. In addition to any other requirements in IC 3 concerning filing of the certification, the certification shall be sent to each of the following:
        (1) The clerk of each of the reorganizing political subdivisions.
        (2) The county auditor of each county in which a reorganizing political subdivision is located.
        (3) The county recorder of each county in which a reorganizing political subdivision is located.
        (4) The state board of accounts.
        (5) The department of local government finance.
        (6) The department of state revenue.
        (7) The budget agency.
        (8) If any of the reorganizing political subdivisions is a school corporation, the department of education.
    (b) In the case of a public question on a reorganization described in section 1(a)(9) of this chapter:
        (1) the public question on a plan of reorganization shall be placed on the ballot for consideration by the voters of the entire county;
        (2) the vote on the public question by the voters of the entire county shall be tabulated;
        (3) if the legislative bodies of the reorganizing political subdivisions have agreed that the vote on the public question shall be conducted with a rejection threshold, the vote on the public question by the voters of:
            (A) each reorganizing municipality; and
            (B) the county (excluding the voters of the reorganizing municipalities);
        shall be tabulated separately; and
        (4) the circuit court clerk shall issue, in a form prescribed by the state election board, separate certificates regarding whether the public question is approved or rejected by the voters of:
            (A) the entire county;
            (B) each reorganizing municipality (if the legislative bodies of the reorganizing political subdivisions have agreed that the vote on the public question shall be conducted with a rejection threshold); and


            (C) the county, excluding the voters of the reorganizing municipalities (if the legislative bodies of the reorganizing political subdivisions have agreed that the vote on the public question shall be conducted with a rejection threshold);
        voting on the public question.
SOURCE: ; (13)AM051814.105. -->     SECTION 105. [EFFECTIVE JULY 1, 2013] (a) As used in this SECTION, "committee" refers to the census data advisory committee established by IC 2-5-19-2.
    (b) During the 2013 legislative interim, the committee shall do the following:
        (1) Study methods for enabling an emergency first responder responding to an emergency declaration to receive an absentee ballot or absentee ballot application by electronic mail or fax.
        (2) Study the impact of sending to a voter written communications containing false vote history information regarding that voter.
    (c) This SECTION expires January 1, 2014.
".
    Delete pages 66 through 68.
    Renumber all SECTIONS consecutively.
    (Reference is to SB 518 as printed February 5, 2013.)

and when so amended that said bill do pass.

__________________________________

Representative Smith M


AM051814/DI 75    2013