Introduced Version
SENATE BILL No. 388
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-6; IC 3-11-10-26; IC 3-14-1-17.
Synopsis: Election matters. Provides that a member of a county
election board or a board of elections and registration who expresses
support for, or opposition to, a candidate for an elected office in a
manner that could reasonably be expected to convey that support or
opposition to another individual, excluding the member's spouse or an
individual residing in the member's household, commits a Class C
infraction. Provides that a voter casting an absentee ballot in person at
a location in a county courthouse who is in line to vote or has not
completed the act of voting when the hour for closing the courthouse
occurs shall be permitted to vote unless otherwise prevented according
to law.
Effective: July 1, 2013.
Miller Pete, Holdman
January 10, 2013, read first time and referred to Committee on Elections.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 388
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 3-6-5-3.5; (13)IN0388.1.1. -->
SECTION 1. IC 3-6-5-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 3.5. (a) This section does not apply to an expression
of support or opposition by a member of a county election board
conveyed to:
(1) the member's spouse; or
(2) an individual residing in the member's household.
(b) A member of a county election board may not express:
(1) support for; or
(2) opposition to;
a candidate for an elected office in any manner that could
reasonably be expected to convey that support or opposition to
another individual.
SOURCE: IC 3-6-5.2-4.8; (13)IN0388.1.2. -->
SECTION 2. IC 3-6-5.2-4.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 4.8. (a) This section does not apply to an expression
of support or opposition by a member of the board conveyed to:
(1) the member's spouse; or
(2) an individual residing in the member's household.
(b) A member of the board may not express:
(1) support for; or
(2) opposition to;
a candidate for an elected office in any manner that could
reasonably be expected to convey that support or opposition to
another individual.
SOURCE: IC 3-6-5.4-4.8; (13)IN0388.1.3. -->
SECTION 3. IC 3-6-5.4-4.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 4.8. (a) This section does not apply to an expression
of support or opposition by a member of the board conveyed to:
(1) the member's spouse; or
(2) an individual residing in the member's household.
(b) A member of the board may not express:
(1) support for; or
(2) opposition to;
a candidate for an elected office in any manner that could
reasonably be expected to convey that support or opposition to
another individual.
SOURCE: IC 3-11-10-26; (13)IN0388.1.4. -->
SECTION 4. 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) days nor later than noon on the day before election day.
(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.
(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.
(m) A voter casting an absentee ballot under this section at a
location in a county courthouse who:
(1) is in line to vote; or
(2) has not completed the act of voting;
when the hour for closing the courthouse occurs shall be permitted
to vote unless otherwise prevented according to law.
SOURCE: IC 3-14-1-17; (13)IN0388.1.5. -->
SECTION 5. 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 member of:
(1) a county election board who violates IC 3-6-5-3.5; or
(2) a board of elections and registration who violates
IC 3-6-5.2-4.8 or IC 3-6-5.4-4.8;
commits a Class C infraction.