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 Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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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.