February 19, 2013
SENATE BILL No. 519
_____
DIGEST OF SB 519
(Updated February 14, 2013 12:50 pm - DI 58)
Citations Affected: IC 3-5; IC 3-6; IC 3-7; IC 3-10; IC 3-11;
IC 5-26.5; IC 12-14; IC 12-15; IC 16-35; noncode.
Synopsis: Various election law matters. Makes changes in the
standards for determining residency of voters and candidates. Provides
that additions and amendments to the standards for determining
residency do not affect rights, liabilities, penalties, violations, and
proceedings before July 1, 2013. Establishes the voter education
outreach fund to receive, hold, and disburse funds for education and
outreach to citizens concerning voter rights and responsibilities.
Removes references to "pasters". Permits county vote center plans to
use other titles to designate precinct election officials (rather than
inspector, judge, poll clerk, assistant poll clerk, or election sheriff).
Provides that the county vote center plan must specify which precinct
election officer is to perform a duty required of a precinct election
officer by the election code. Requires the secretary of family and social
services to designate the agencies required to provide voter registration
services. Provides that the subscription of an entity to statewide voter
registration file information expires on the first January 1 following
payment of the annual fee. Amends the requirements concerning
precinct polling place lists to update a reference to voter identification
number and to add birth dates. Permits a vote center county to use
notices mailed to the active voters eligible to vote in the next election
(or provided at the vote center) and presented at a vote center for the
(Continued next page)
Effective: Upon passage; July 1, 2013.
Landske
, Miller Patricia
January 14, 2013, read first time and referred to Committee on Elections.
February 4, 2013, amended, reported favorably _ Do Pass; reassigned to Committee on
Appropriations.
February 18, 2013, amended, reported favorably _ Do Pass.
Digest Continued
purpose of obtaining a voter's signature when casting a ballot (rather
than having the voter sign a printed poll list). Requires the National
Voter Registration Act (NVRA) official to conduct an annual residency
confirmation and outreach procedure. Requires comparison of voter
lists from certain neighboring states and others with the Indiana voter
registration list to identify duplicate registrations and any cases in
which a voter cast a ballot in more than one state during the same
election. Requires a county voter registration office to cancel the
registration of a voter if the office receives certain notices of the voter's
death. Requires the state department of health and the election division
to obtain certain information about the deaths of Indiana residents for
purposes of maintaining voter registration records. Establishes
procedures for county processing of voter registration record
cancellations. Permits the county election board of a county that is not
a vote center county to adopt an order to use electronic poll lists.
Establishes additional standards for electronic poll lists. Permits the
family and social services administration and the state department of
health to transmit voter registration applications by first class mail.
(Current law requires the use of certified mail, when mail is used.)
Makes technical changes. Repeals: (1) obsolete procedures relating to
designation of voter registration agencies; (2) a requirement for
counties to have an NVRA implementation plan; (3) requirements
relating to making memoranda of voter registration documents; (4)
statutes relating to pasters; (5) sample ballots; and (6) delivery of
absentee ballot applications.
February 19, 2013
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.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2012 Regular Session of the General Assembly.
SENATE BILL No. 519
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 3-5-2-16.4; (13)SB0519.2.1. -->
SECTION 1. IC 3-5-2-16.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 16.4. "Domicile" means residence, as determined
under IC 3-5-5.
SOURCE: IC 3-5-2-23.2; (13)SB0519.2.2. -->
SECTION 2. IC 3-5-2-23.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 23.2. (a) Except as
provided in subsection (b), "expedited basis" refers to the processing
of:
(1) a voter registration application;
(2) a cancellation of a voter registration application;
(3) a transfer of a voter registration application; or
(4) another document that creates or amends the voter registration
record of an individual;
not later than forty-eight (48) hours after the document is received by
a county voter registration office or an agency required under IC 3-7 to
transmit voter registration documents to a county voter registration
office.
(b) If a voter registration application or other document listed in
subsection (a) includes a partial Social Security number that must be
submitted to the Commissioner of Social Security for verification under
42 U.S.C. 405(r), "expedited basis" refers to the processing of the
application or document not later than forty-eight (48) hours after the
bureau of motor vehicles commission receives verification from the
Commissioner regarding the partial Social Security number.
(c) This subsection applies to the processing of a voter
registration document described in subsection (a)(1) that is
received by a county voter registration office not more than seven
(7) days before the close of a registration period under
IC 3-7-13-10. The processing of a document subject to this
subsection on an "expedited basis" refers to processing not later
than seven (7) days following the receipt of the document.
SOURCE: IC 3-5-2-26.4; (13)SB0519.2.3. -->
SECTION 3. IC 3-5-2-26.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 26.4. "Inhabitant", for purposes of:
(1) Article 4, Section 7 of the Constitution of the State of
Indiana; and
(2) Article 6, Section 4 of the Constitution of the State of
Indiana;
means a person who resides at a location, as determined under
IC 3-5-5.
SOURCE: IC 3-5-5-0.2; (13)SB0519.2.4. -->
SECTION 4. IC 3-5-5-0.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 0.2. Notwithstanding any other law, the additions and
amendments to this chapter made by SEA 519-2013 do not affect
any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before July 1, 2013. Those rights, liabilities, penalties, offenses, and
proceedings continue and shall be imposed and enforced under
prior law as if SEA 519-2013 had not been enacted.
SOURCE: IC 3-5-5-0.5; (13)SB0519.2.5. -->
SECTION 5. IC 3-5-5-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 0.5. For purposes of this chapter, an individual's
"immediate family" includes the spouse, children, stepchildren,
parents, or grandparents of the individual.
SOURCE: IC 3-5-5-3; (13)SB0519.2.6. -->
SECTION 6. IC 3-5-5-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A person does not have
residence in more than one (1) precinct within Indiana.
(b) For purposes of this chapter, a person does not have
residence both within Indiana and outside Indiana.
SOURCE: IC 3-5-5-5; (13)SB0519.2.7. -->
SECTION 7. IC 3-5-5-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5. As provided in Article 2, Section
4 of the Constitution of the State of Indiana, a person is not considered
to have lost does not lose residence in a precinct in Indiana by reason
of the person's absence on the business of:
(1) the state of Indiana; or
(2) the United States.
SOURCE: IC 3-5-5-6; (13)SB0519.2.8. -->
SECTION 8. IC 3-5-5-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 6. (a) Sections 7 through 17 of this
chapter establish presumptions regarding the residency of a person in
a precinct. A person can rebut these presumptions by demonstrating
intent to reside in another precinct and conduct taken to implement that
intent.
(b) An individual who makes a statement regarding the
residence of the individual, under the penalties for perjury, is
presumed to reside at the location specified by the individual, as of
the date of making the statement.
SOURCE: IC 3-5-5-7; (13)SB0519.2.9. -->
SECTION 9. IC 3-5-5-7, AS AMENDED BY P.L.164-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. Subject to section 6 of this chapter, a person
does not gain residency in a precinct into which the person moves for:
(1) temporary employment;
(2) educational purposes; or
(3) preparing to purchase or occupy a residence; or
(3) (4) other purposes;
without the intent of making a permanent home in the precinct.
SOURCE: IC 3-5-5-8; (13)SB0519.2.10. -->
SECTION 10. IC 3-5-5-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 8. Subject to section 6 of this
chapter, if a person moves into is physically present within another
state with the intention of making that state the person's residence, the
person loses residency in Indiana.
SOURCE: IC 3-5-5-9; (13)SB0519.2.11. -->
SECTION 11. IC 3-5-5-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 9. Subject to section 6 of this
chapter, if a person moves to is physically present within another
state with the intention of remaining in the other state for an indefinite
time as a place of residence, the person loses residency in Indiana, even
if the person intends to return at some time.
SOURCE: IC 3-5-5-10; (13)SB0519.2.12. -->
SECTION 12. IC 3-5-5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. Subject to section
6 of this chapter, if a person moves into is physically present within
another precinct in Indiana with the intention of making that precinct
the person's residence, the person loses residency in the precinct that
the person left.
SOURCE: IC 3-5-5-13; (13)SB0519.2.13. -->
SECTION 13. IC 3-5-5-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13. Subject to section
6 of this chapter, if a person:
(1) is living at a place other than the residence of the person's
immediate family; and
(2) has the intention of remaining at that place and engages in
conduct to carry out that intent;
the place where the person lives is the person's residence.
SOURCE: IC 3-5-5-14; (13)SB0519.2.14. -->
SECTION 14. IC 3-5-5-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14. Subject to section
6 of this chapter, a married person who does not live in a household
with the person's spouse may establish a separate residence from the
residence of the person's spouse by intending to do so and engaging
in conduct to carry out that intent.
SOURCE: IC 3-5-5-15; (13)SB0519.2.15. -->
SECTION 15. IC 3-5-5-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 15. Subject to section
6 of this chapter, the residence of a person who:
(1) is unmarried; and
(2) does not have an immediate family;
is where the person usually sleeps if that is the intent of the person,
and the person engages in conduct to carry out that intent.
SOURCE: IC 3-6-3.7-4; (13)SB0519.2.16. -->
SECTION 16. IC 3-6-3.7-4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 4. (a) The voter education outreach fund is
established for the purpose of receiving, holding, and disbursing
funds for education and outreach to citizens concerning voter
rights and responsibilities, including voter identification
requirements.
(b) The fund shall be administered by the secretary of state.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
SOURCE: IC 3-6-5-14; (13)SB0519.2.17. -->
SECTION 17. IC 3-6-5-14, AS AMENDED BY P.L.221-2005,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 14. (a) Each county election board, in addition to
duties otherwise prescribed by law, shall do the following:
(1) Adopt and amend a written plan to implement NVRA within
the county.
(2) (1) Conduct all elections and administer the election laws
within the county, except as provided in IC 3-8-5 and IC 3-10-7
for town conventions and municipal elections in certain small
towns.
(3) (2) Prepare all ballots.
(4) (3) Distribute all ballots and pasters to all of the precincts in
the county.
(b) This subsection does not apply to pasters to be attached to
ballots during the final three (3) days before an election. Not later than
the Monday before distributing ballots pasters, and voting systems to
the precincts in the county, the county election board shall notify the
county chairman of each major political party and, upon request, the
chairman of any other bona fide political party in the county, that
sample ballots and pasters are available for inspection.
SOURCE: IC 3-6-6-5.5; (13)SB0519.2.18. -->
SECTION 18. IC 3-6-6-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 5.5. (a) This section applies in a county using vote
centers under IC 3-11-18.1.
(b) The county vote center plan:
(1) may use other titles to designate precinct election officers;
and
(2) must specify which precinct election officer is to perform
a duty required under this title to be performed by a precinct
election officer.
(c) A precinct election officer in a vote center county shall
comply with section 7 of this chapter.
SOURCE: IC 3-7-11-1; (13)SB0519.2.19. -->
SECTION 19. IC 3-7-11-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The co-directors of
the commission election division are jointly designated under 42
U.S.C. 1973gg-8 as the chief state election official responsible for the
coordination of state responsibilities under NVRA.
SOURCE: IC 3-7-12-26; (13)SB0519.2.20. -->
SECTION 20. IC 3-7-12-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 26. Each county fiscal
body shall appropriate an adequate amount of funds for the circuit
court clerk or board of county voter registration office to conduct:
(1) the voter list maintenance activity under this article; and
(2) the mailing of notices required under the voter list
maintenance program.
SOURCE: IC 3-7-12-27; (13)SB0519.2.21. -->
SECTION 21. IC 3-7-12-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 27. (a) The circuit court
clerk (or in a county with a board of registration, the members of
the board of registration) members shall, following the cancellation of
voter registrations as provided by the voter list maintenance program
under this article, not later than noon seventy-seven (77) days before
each general, primary, or municipal election, file an affidavit under
affirmation with the election division.
(b) The affidavit must be on a form prescribed by the commission
and must state that the clerk or board county voter registration office
has:
(1) conducted the voter list maintenance program under this
article; and
(2) canceled the registrations required under the voter list
maintenance program.
SOURCE: IC 3-7-16-2.5; (13)SB0519.2.22. -->
SECTION 22. IC 3-7-16-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 2.5. The secretary of family and social services
appointed under IC 12-8-1.5 shall designate the agencies required
to provide voter registration services under this chapter after
determining the extent to which:
(1) an agency's programs are funded by the state; and
(2) the agency is primarily engaged in serving persons with
disabilities.
SOURCE: IC 3-7-16-3; (13)SB0519.2.23. -->
SECTION 23. IC 3-7-16-3 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 3. The commission shall determine if an agency is required
to provide voter registration services under NVRA and this chapter.
SOURCE: IC 3-7-16-4; (13)SB0519.2.24. -->
SECTION 24. IC 3-7-16-4 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 4. Before making a determination under section 3 of this
chapter, the commission shall do the following:
(1) Notify the governing body of the agency that the agency may
be required to provide voter registration services under this
chapter and NVRA.
(2) Conduct a public hearing on the matter.
SOURCE: IC 3-7-16-5; (13)SB0519.2.25. -->
SECTION 25. IC 3-7-16-5 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 5. The commission shall accept evidence at the public
hearing concerning the extent to which:
(1) the agency's programs are funded by the state; and
(2) the agency is primarily engaged in serving persons with
disabilities.
SOURCE: IC 3-7-16-6; (13)SB0519.2.26. -->
SECTION 26. IC 3-7-16-6 IS REPEALED [EFFECTIVE JULY 1,
2013].
Sec. 6. The commission may only accept evidence at the hearing
concerning the agency's cost in complying with NVRA or this chapter
to determine when an order issued under section 7 of this chapter
should take effect.
SOURCE: IC 3-7-16-7; (13)SB0519.2.27. -->
SECTION 27. IC 3-7-16-7 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 7. If the commission determines that the agency is required
to provide voter registration services under NVRA and this chapter, the
NVRA official shall issue an order specifying the date that the agency
must begin providing voter registration services and prescribing any
other procedures reasonably necessary for the agency to comply with
NVRA.
SOURCE: IC 3-7-16-8; (13)SB0519.2.28. -->
SECTION 28. IC 3-7-16-8 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 8. An order issued under section 7 of this chapter expires
when the earlier of the following occurs:
(1) Ten (10) years after the date that an agency is required to
begin providing voter registration services.
(2) When revoked by the NVRA official after a public hearing as
provided in this chapter.
SOURCE: IC 3-7-21-2; (13)SB0519.2.29. -->
SECTION 29. IC 3-7-21-2 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 2. Each county election board shall file the county's NVRA
implementation plan adopted under IC 3-6-5-14 with the election
division.
SOURCE: IC 3-7-21-3; (13)SB0519.2.30. -->
SECTION 30. IC 3-7-21-3 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 3. A county NVRA implementation plan may recommend
that additional federal, state, and local governmental offices (or
nongovernmental offices) within the county be designated as voter
registration agencies.
SOURCE: IC 3-7-21-4; (13)SB0519.2.31. -->
SECTION 31. IC 3-7-21-4 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 4. The commission shall review each county NVRA
implementation plan and determine the following:
(1) Whether the voter registration agencies located within the
county will adequately implement the legislative findings and
purposes set forth in NVRA and this article.
(2) Whether designating an office recommended as a voter
registration agency under section 3 of this chapter will implement
the legislative findings and purposes.
SOURCE: IC 3-7-21-5; (13)SB0519.2.32. -->
SECTION 32. IC 3-7-21-5 IS REPEALED [EFFECTIVE JULY 1,
2013].
Sec. 5. (a) If the commission determines that the voter
registration agencies located within the county will not adequately
implement NVRA or this article, the commission shall recommend an
amendment to the county NVRA implementation plan to ensure that
NVRA and this article are adequately implemented.
(b) Unless the county election board files a written protest with the
NVRA official not later than noon thirty (30) days after the commission
recommends the plan amendment, the plan is amended as provided in
the recommendation. A written protest under this subsection is referred
to the commission for final determination.
(c) If recommended in the county NVRA implementation plan:
(1) as filed under section 2 of this chapter; or
(2) as amended under subsection (b);
the county election board shall enter into an agreement to designate an
office described in the plan as a voter registration agency. An
agreement under this subsection is subject to review and approval by
the commission.
SOURCE: IC 3-7-21-5.5; (13)SB0519.2.33. -->
SECTION 33. IC 3-7-21-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 5.5. The designation of an office as a voter
registration agency under a county NVRA implementation plan
before July 1, 2013, remains in effect until otherwise ordered by
the county election board.
SOURCE: IC 3-7-21-6; (13)SB0519.2.34. -->
SECTION 34. IC 3-7-21-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) For the purposes
of this chapter, the officer, board, entity, or agency that has the
authority to enter into an agreement with the county election board is
the "governing body" under IC 3-17-18. IC 3-7-18.
(b) A county election board, by unanimous vote of its entire
membership, may enter into an agreement to designate an office
located within the county as a voter registration agency.
SOURCE: IC 3-7-26.3-29; (13)SB0519.2.35. -->
SECTION 35. IC 3-7-26.3-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 29.
(a) The
computerized list must include voter registration management features
that do the following:
(1) Automatically assign voter identification numbers in
accordance with this title.
(2) Calculate the number of registered voters by precinct or any
election district.
(3) Permit expedited web based inquiries concerning polling
place locations.
(4) Track and report all voter list maintenance transactions
performed within the system.
(5) Permit tracking regarding the political party ballot requested
by voters voting in a primary.
(6) Generate a variety of reports on paper
compact disc, or
floppy
disc format, such as walking lists, call lists, lists of voters by
precinct, lists of voters by name, date of birth, or date of
registration, and lists of voters by other household data.
(7) Identify voters who are currently less than eighteen (18) years
of age.
(8) Permit electronic processing of voter registration information
received as files from other state and federal agencies.
(9) Provide flexible query functions for management and
statistical reports, including the ability of the secretary of state or
a co-director of the election division to view individual voter
registration records.
(10) Contain full audit controls and management reports to track
and manage the work of county voter registration office
employees, including the ability of the secretary of state or the
co-directors of the election division to determine whether a
county voter registration office is performing voter list
maintenance functions in the manner required by IC 3-7.
(b) The reports and lists generated under subsection (a)(6) and
(a)(7) may not contain any information described by
IC 3-7-26.4-8(c), except when provided to a person who:
(1) is entitled to a complete compilation of the voter
registration information; and
(2) has paid the annual fee required under IC 3-7-26.4 for the
current calendar year.
SOURCE: IC 3-7-26.4-12; (13)SB0519.2.36. -->
SECTION 36. IC 3-7-26.4-12, AS AMENDED BY P.L.164-2006,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 12. (a) This section does not apply to the chief
justice of the supreme court or to a person described by section 8 of
this chapter.
(b) Notwithstanding IC 5-14-3-8, the election division shall charge
each person described by section 6 of this chapter an annual
subscription fee of five thousand dollars ($5,000) to receive the
following:
(1) A complete compilation of the voter registration information
contained in the computerized list.
(2) Updates of the voter registration information made during the
year covered by the fee.
(c) A subscription to the statewide voter registration system
information expires on the first January 1 following the payment
of the subscription fee.
SOURCE: IC 3-7-27-6; (13)SB0519.2.37. -->
SECTION 37. IC 3-7-27-6, AS AMENDED BY P.L.225-2011,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. (a) As required under 42 U.S.C. 1973gg-6(i),
a county voter registration office shall retain records concerning the
implementation of programs and activities conducted for the purpose
of ensuring the accuracy and currency of the voter registration list.
These records include the following:
(1) Lists of names and addresses of voters who were sent notices
under the voter list maintenance program.
(2) Information concerning whether a voter has responded to a
notice described by subdivision (1) as of the date the inspection
of the record is made.
(b) The county voter registration office shall retain the records
described by this section for at least two (2) years. Except for records
concerning declinations to register to vote or that indicate the identity
of a voter registration agency where a person registered, the county
voter registration office shall make the records available for public
inspection and photocopying at a reasonable cost as provided in
IC 5-14-3.
(c) In accordance with IC 5-14-3-3(h) and notwithstanding any other
statute, a county voter registration office shall, with regard to voter
registration information concerning voters of the county on a
computerized system, act in accordance with a nondiscriminatory
uniform policy adopted by the county election board. The policy must
either permit a person to duplicate or obtain a duplicate copy of a
computer tape, computer disc microfilm, or other similar record system
that contains this voter registration information or not permit the person
to duplicate or obtain a duplicate copy of the information.
Notwithstanding IC 5-14-3-8, the county election board may adopt
a nondiscriminatory uniform fee for the production of this
electronic record.
(d) A person who requests computerized voter registration
information under subsection (c) must provide a written statement that
the person will not:
(1) use the information to solicit merchandise, goods, services, or
subscriptions; or
(2) sell, loan, give away, or otherwise deliver the information
obtained by the request to any other person;
for a purpose other than political activities or political fundraising
activities.
(e) Publication of information obtained under subsection (d) in a
news broadcast or newspaper is not prohibited.
SOURCE: IC 3-7-27-8; (13)SB0519.2.38. -->
SECTION 38. IC 3-7-27-8 IS REPEALED [EFFECTIVE JULY 1,
2013].
Sec. 8. In a county that has a board of registration, the board
shall have prepared a memorandum for each voter's original affidavit
of registration or transfer of an original registration executed by the
board.
SOURCE: IC 3-7-27-9; (13)SB0519.2.39. -->
SECTION 39. IC 3-7-27-9 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 9. The memorandum must indicate the name, assigned
identification number, street and number, ward, and precinct of each
resident voter of the county who has executed an original affidavit of
registration. For a resident voter of the county who executes a transfer
of an original registration or a change of name, the memorandum must
indicate the name, the assigned identification number, and the former
and present addresses by street and number, ward, and precinct.
SOURCE: IC 3-7-27-10; (13)SB0519.2.40. -->
SECTION 40. IC 3-7-27-10 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 10. The board of registration shall retain the original copies
of all memoranda or microfilmed copies of the memoranda as part of
the board's records until disposal of the record is permitted under this
article after cancellation of the registration.
SOURCE: IC 3-7-28-1; (13)SB0519.2.41. -->
SECTION 41. IC 3-7-28-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The circuit court
clerk or board of county voter registration office shall provide a copy
of voter registration memoranda as described in IC 3-7-27-8
information to certain county chairmen and candidates as provided in
this chapter.
SOURCE: IC 3-7-28-2; (13)SB0519.2.42. -->
SECTION 42. IC 3-7-28-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) This section does
not apply to confidential information included on a voter registration
application.
(b) Copies of A report containing information regarding all
registration applications executed under this article during that part of
a registration period ending sixty-five (65) days before a primary,
general, or municipal election shall be forwarded not later than sixty
(60) days before the election to the following upon request:
(1) Each of the county chairmen of the major political parties of
the county.
(2) The chairman of the following:
(A) A bona fide political party that has at least one (1)
candidate on the ballot of the election.
(B) An independent candidate's committee if the candidate is
on the ballot at the election.
SOURCE: IC 3-7-28-3; (13)SB0519.2.43. -->
SECTION 43. IC 3-7-28-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3.
Copies of (a) This
section does not apply to confidential information included on a
voter registration application.
(b) A report containing information regarding all
memoranda
registration applications executed under this article during that part
of a registration period beginning sixty-five (65) days before a primary,
general, or municipal election and ending twenty-nine (29) days before
the election shall be forwarded daily and within forty-eight (48) hours
of the date on which the memoranda were report was originally made
to the following upon request:
(1) Each of the county chairmen of the major political parties of
the county.
(2) The chairman of the following:
(A) A bona fide political party that has at least one (1)
candidate on the ballot of the election.
(B) An independent candidate's committee if the candidate is
on the ballot at the election.
SOURCE: IC 3-7-29-1; (13)SB0519.2.44. -->
SECTION 44. 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) This section does not apply to a county:
(1) that has adopted an order under section 6 of this chapter;
or
(2) in which vote centers are used 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 only 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.
(c) (d) The names shall be arranged in the same order as they are in
the registration record of the precinct.
(e) The list must also contain a statement at the top of each page
indicating that an individual who knowingly makes a false
statement by signing the voter's list or indicating whether the
voter's address has changed is punishable under IC 3-14-2-11 as a
Class D felony.
SOURCE: IC 3-7-29-1.5; (13)SB0519.2.45. -->
SECTION 45. IC 3-7-29-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 1.5. (a) This section applies to a county:
(1) that has adopted an order under section 6 of this chapter;
or
(2) in which vote centers are used under IC 3-11-18.1.
(b) Not later than ten (10) days before an election, the county
voter registration office shall mail a notice of the election to each
active voter (as defined in IC 3-11-18.1-2) eligible to vote in the
next election. The notice under this subsection must provide the
following:
(1) Information regarding the locations of vote centers in the
county.
(2) A space for the voter to sign the notice.
(3) Instructions for the voter to return the signed notice to a
vote center location to cast a ballot.
SOURCE: IC 3-7-29-2; (13)SB0519.2.46. -->
SECTION 46. IC 3-7-29-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) This section
does not apply to a county:
(1) that has adopted an order under section 6 of this chapter;
or
(2) in which vote centers are used under IC 3-11-18.1.
(b) After the county election board receives a request from the
county chairman of a major political party, not more than two (2)
copies of the list required by this chapter shall be prepared and
furnished to the inspector of the precinct for use at the polls on election
day. The inspector may provide a list furnished under this section to
any other precinct officer.
SOURCE: IC 3-7-29-3; (13)SB0519.2.47. -->
SECTION 47. 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 vote centers are used under IC 3-11-18.1 or an
order is adopted under section 6 of this chapter) and other necessary
registration supplies.
SOURCE: IC 3-7-29-4; (13)SB0519.2.48. -->
SECTION 48. 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:
(1) that:
(A) has adopted an order under section 6 of this chapter;
and
(B) provides an electronic poll list that contains scanned
images of the signatures of voters; or
(2) in which:
(A) vote centers are used under IC 3-11-18.1; and
(B) an electronic poll list containing available scanned
images of the signatures of voters is provided at the vote
centers.
(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)SB0519.2.49. -->
SECTION 49. 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. If a county election board adopts an order to
provide an electronic poll list to the inspector for use at a polling
place or at 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).
SOURCE: IC 3-7-31-2; (13)SB0519.2.50. -->
SECTION 50. IC 3-7-31-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. Except as provided
under section 3 of this chapter, a circuit court clerk or board of the
county voter registration office shall use the forms prescribed by the
commission under section 1 of this chapter.
SOURCE: IC 3-7-31-3; (13)SB0519.2.51. -->
SECTION 51. IC 3-7-31-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. A circuit court clerk
or board of county voter registration office may make minor
modifications to registration forms to use the form in the county
registration records after filing a copy of the modified form with the
election division.
SOURCE: IC 3-7-31-5; (13)SB0519.2.52. -->
SECTION 52. IC 3-7-31-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5.
(a) The registration
forms prescribed under section 1 of this chapter must:
(1) provide for the residence address and the mailing address of
the individual completing the forms;
(2) contain a statement that a notice of disposition of the person's
registration application will be mailed to the mailing address of
the individual;
and
(3) require the applicant to provide the applicant's voter
identification number;
(4) after December 31, 2013, require an individual subject to
IC 3-7-32-8 who receives a completed application from the
applicant to state on the application the name and residence
address of the individual and the date on which the individual
received the application from the applicant, with this
statement being sworn or affirmed under the penalties for
perjury; and
(5) after December 31, 2013, contain a receipt to be given by
an individual subject to IC 3-7-32-8 to the applicant when the
individual receives the completed application.
The receipt provided under subdivision (5) must state the name
and residence address of the individual and the date on which the
individual took custody of the application.
(b) Not later than August 1, 2013, the commission shall act
under IC 3-5-4-8 to approve a voter registration form that
complies with this section and IC 3-7-32.
SOURCE: IC 3-7-32-7; (13)SB0519.2.53. -->
SECTION 53. IC 3-7-32-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) If the voter is
unable to write, execute an original registration application in a
manner authorized under section 1 of this chapter, the voter may
procure another individual to assist with the execution of the
application.
(b) If the voter is unable to sign the application, the person
assisting the voter may write the voter's name and in the space
provided for the voter's signature. Unless the voter is physically
unable to do so, the voter shall also make the voter's mark in the
space provided for the voter's signature.
(c) The person writing in the name of the voter assisting the voter
with the execution of the application shall also write the person's own
name and residence address on the affidavit in the space indicated for
that purpose.
SOURCE: IC 3-7-32-8; (13)SB0519.2.54. -->
SECTION 54. IC 3-7-32-8 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]:
Sec. 8. (a) This section does not apply to a voter
registration application received by any of the following:
(1) An employee of a license branch acting in accordance with
IC 3-7-14.
(2) An employee of a public assistance agency acting in
accordance with IC 3-7-15.
(3) An employee of an agency serving persons with disabilities
acting in accordance with IC 3-7-16.
(4) An employee of an office designated under IC 3-7-18
acting in accordance with that chapter.
(5) An employee of an office designated under IC 3-7-19
acting in accordance with that chapter.
(6) An employee of the office of the department of
employment and training services acting in accordance with
IC 3-7-20.5.
(7) An employee of the United States Postal Service or a
bonded courier company, acting in the individual's capacity
as an employee of the United States Postal Service or a
bonded courier company.
(8) A member of the applicant's household.
(9) An applicant's attorney in fact under IC 30-5-5-14.
(10) The election division acting in accordance with
IC 3-7-33-3.7.
(b) After December 31, 2013, a person who receives a completed
application form shall file the application with the appropriate
county voter registration office or the election division not later
than:
(1) noon ten (10) days after the person receives the
application; or
(2) the deadline set by state law for filing the application with
the county voter registration office;
whichever occurs first.
(c) If a person receives a completed voter registration
application that the person has reason to believe is materially false,
fictitious, or fraudulent, the person shall deliver the application to
the appropriate county election board not later than the deadline
set forth in subsection (b), with a statement sworn or affirmed to
under the penalties for perjury, setting forth the reasons why the
person believes the application may be materially false, fictitious,
or fraudulent. The county election board shall act under
IC 3-6-5-31 to determine if a violation of election law has occurred.
SOURCE: IC 3-7-33-3.7; (13)SB0519.2.55. -->
SECTION 55. IC 3-7-33-3.7, AS ADDED BY P.L.225-2011,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3.7. (a) This section applies to a voter registration
application submitted to the election division in person or by mail.
(b) An eligible applicant:
(1) who submits a completed application; or
(2) on whose behalf a completed application is submitted;
in person to the election division not later than 5 p.m. on the
twenty-ninth day before an election shall be registered to vote in the
election.
(c) An eligible applicant:
(1) who submits a completed application; or
(2) on whose behalf a completed application is submitted;
by mail to the election division shall be registered to vote in the
election, if the application is postmarked not later than the twenty-ninth
day before the election. If a postmark on an application submitted by
mail is missing or illegible, an eligible applicant shall be registered to
vote in the election, if the application is received by the election
division not later than the Monday following the close of the
registration period.
(d) The election division shall promptly forward an application
received under this section to the county voter registration office of the
county where the applicant resides. However, the election division
shall not transmit to a county voter registration office an
application that cannot be processed during the period when
registration is closed under IC 3-7-13-10 until at least seven (7)
days after the date of the close of registration. The election division
shall clearly identify the applications described by this subsection
in the transmittal to the county voter registration office as "late
registrations".
SOURCE: IC 3-7-33-5.5; (13)SB0519.2.56. -->
SECTION 56. IC 3-7-33-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 5.5. (a) This section applies to a voter registration
application that is received by a county voter registration office
after the date specified for filing the application under IC 3-7-32-8.
(b) In determining the eligibility of the applicant, the county
voter registration office may not reject the application solely on the
ground that an individual who received the application from the
applicant failed to comply with IC 3-7-32-8. However, the county
voter registration office shall, not later than three (3) days after
receipt of the application, provide notice of the apparent violation
of IC 3-7-32-8 to the county election board for appropriate action
under IC 3-6-5-31.
SOURCE: IC 3-7-34-1.5; (13)SB0519.2.57. -->
SECTION 57. IC 3-7-34-1.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]:
Sec. 1.5. As used in this chapter, a registration form is
"incomplete" if the applicant does not provide any of the
following:
(1) The name of the applicant.
(2) The residence address of the applicant (other than the ZIP
code).
(3) The mailing address of the applicant (other than the ZIP
code), unless the applicant provides a residence address at
which United States Postal Service mail delivery for the
applicant can be received.
(4) The date of birth of the applicant.
(5) The voter identification number of the applicant or a
statement that the applicant has no voter identification
number.
(6) The applicant's response to the question, "Are you a
citizen of the United States of America?".
(7) The applicant's response to the question, "Will you be at
least eighteen (18) years of age on or before election day?".
(8) A map or diagram of the voter's residence (if the applicant
has no residence address with a street number or name
included on this application).
(9) The signature of the applicant to the statement swearing
or affirming that:
(A) the applicant meets the requirements for approval of
the application;
(B) the information and all other statements on the
application are true; and
(C) the applicant understands if the applicant signs the
statement knowing that the statement is not true, the
applicant is committing perjury, and understands the
penalties for committing perjury.
SOURCE: IC 3-7-34-2; (13)SB0519.2.58. -->
SECTION 58. IC 3-7-34-2, AS AMENDED BY P.L.81-2005,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. (a) This section applies when a county voter
registration office receives a registration form that is not fully and
properly completed so that the county voter registration office can:
(1) administer voter registration and other parts of the
election process (as provided by 42 U.S.C. 1973gg-7); or
(2) determine if the applicant is eligible to register under this
article, or including when the applicant fails to answer either of
the questions set forth in IC 3-7-22-5(3) or IC 3-7-22-5(4).
(b) As required by 42 U.S.C. 15483, the county voter registration
office shall promptly make:
(1) one (1) effort to contact the voter by mail if possible; and
(2) one (1) effort to contact the voter by telephone if a telephone
number is listed.
SOURCE: IC 3-7-38.2-1; (13)SB0519.2.59. -->
SECTION 59. IC 3-7-38.2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. As required under 42
U.S.C. 1973gg-6(a)(4), the NVRA official and each county voter
registration office shall conduct a general program that makes a
reasonable effort to remove the names of ineligible voters from the
official lists of eligible voters due to a change of residence of the voter.
SOURCE: IC 3-7-38.2-2; (13)SB0519.2.60. -->
SECTION 60. IC 3-7-38.2-2, AS AMENDED BY P.L.1-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. (a) A voter list maintenance program conducted
under this chapter must:
(1) be uniform, nondiscriminatory, and in compliance with the
Voting Rights Act of 1965 (42 U.S.C. 1973);
(2) not result in the removal of the name of a person from the
official list of voters solely due to the person's failure to vote; and
(3) be completed not later than ninety (90) days before a primary,
general, or municipal election.
(b) A county voter registration office may conduct a voter list
maintenance program that complies with subsection (a). In conducting
a voter list maintenance program, the county voter registration office
shall mail a notice described in subsection (d) to each registered voter
at the residence address:
(1) listed in the voter's registration record; and
(2) determined by the county voter registration office not to be the
voter's current residence address.
(c) A county voter registration office may use information only from
the following sources to make the determination under subsection
(b)(2):
(1) The United States Postal Service National Change of Address
Service.
(2) A court regarding jury duty notices.
(3) The return of a mailing sent by the county voter registration
office to all voters in the county.
(4) The bureau of motor vehicles concerning the surrender of a
voter's Indiana license for the operation of a motor vehicle to
another jurisdiction.
(d) The notice described in subsection (b) must:
(1) be sent by first class United States mail, postage prepaid, by
a method that requires the notice to be forwarded to the voter; and
(2) include a postage prepaid return card that:
(A) is addressed to the county voter registration office;
(B) states a date (which must be at least thirty (30) days
after the date the notice is mailed) by which the card must be
returned or the voter's registration will become inactive until
the information is provided to the county voter registration
office; and
(C) permits the voter to provide the voter's current residence
address.
(e) If a voter returns the card described in subsection (d)(2) and
provides a current residence address that establishes that the voter
resides:
(1) in the county, the county voter registration office shall update
the voter's registration record; or
(2) outside the county, the county voter registration office shall
cancel the voter's registration.
(f) If a voter returns the card described in subsection (d)(2) after
the final day for completing voter list maintenance activities under
section 3 of this chapter, the county voter registration office shall,
when registration reopens after the next primary, general, or
municipal election following the date specified in the notice,
process any update or cancellation of the voter registration record
indicated on the card by the voter under subsection (e). If a card is
returned as undeliverable due to an unknown or insufficient
address by the United States Postal Service after the date specified
in subsection (d)(2)(B), the county voter registration office shall,
when registration reopens after the next primary, general, or
municipal election, designate the voter as inactive.
(f) (g) If a voter does not return the card described in subsection
(d)(2) by the date specified in subsection (d)(2)(B), the county voter
registration office shall indicate in the voter's registration record that
the voter's registration is inactive.
(g) (h) A voter's registration that becomes inactive under subsection
(f)
or (g) remains in inactive status from the date described in
subsection (d)(2)(B) until the earlier of the following:
(1) The date the county voter registration office updates or
cancels the voter's registration under subsection (e) after the voter
provides a current residence address.
(2) The day after the second general election in which the voter
has not voted or appeared to vote.
(h) (i) After the date described in subsection
(g)(2), (h)(2), the
county voter registration office shall remove the voter's registration
from the voter registration records.
SOURCE: IC 3-7-38.2-5; (13)SB0519.2.61. -->
SECTION 61. IC 3-7-38.2-5, AS AMENDED BY P.L.164-2006,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5.
(a) To assist in performing voter list
maintenance under this chapter, the NVRA official
may shall submit
the names of all registered voters in Indiana to the United States Postal
Service National Change of Address Service. The submission under
this chapter shall be compiled from the county voter registration
information submitted to the election division under IC 3-7-26.3.
(b) This subsection does not require the NVRA official to
request voter registration data from a state listed in this subsection
if the NVRA official will be receiving voter registration data from
that state under the memorandum of understanding described in
subsection (d). To assist in performing voter list maintenance
under this chapter, not later than December 31 of each calendar
year the NVRA official shall request that the chief state election
official who is responsible for the coordination of state
responsibilities under NVRA in each of the following states provide
a list of the registered voters in that state:
(1) Florida.
(2) Illinois.
(3) Kentucky.
(4) Michigan.
(5) Ohio.
(c) The NVRA official shall request a list of registered voters
from any other state in which the NVRA official determines there
is a reasonable possibility that a significant number of individuals
who have registered to vote in Indiana may also be registered to
vote in that state.
(d) Not later than August 1, 2013, the NVRA official shall
execute a memorandum of understanding with the Kansas
Secretary of State. Notwithstanding any limitation under
IC 3-7-26.4 regarding the availability of certain information from
the computerized list, on January 15 of each year, the NVRA
official shall provide data from the statewide voter registration list
without cost to the Kansas Secretary of State to permit the
comparison of voter registration data in the statewide voter
registration list with registration data from all other states
participating in this memorandum of understanding and to identify
any cases in which a voter cast a ballot in more than one (1) state
during the same election. Not later than thirty (30) days following
the receipt of information under this subsection indicating that a
voter of Indiana may also be registered to vote in another state, the
NVRA official shall provide the appropriate county voter
registration office with the name and any other information
obtained under this subsection concerning that voter. The county
voter registration office shall determine whether the individual:
(1) identified in the report provided by the NVRA official
under this subsection is the same individual who is a
registered voter of the county;
(2) registered to vote in another state on a date following the
date that voter registered in Indiana; and
(3) authorized the cancellation of any previous registration by
the voter when the voter registered in another state.
(e) If the county voter registration office determines that the
voter is described by subsection (d)(1) through (d)(3), the county
voter registration office shall cancel the voter registration of that
voter. If the county voter registration office determines that the
voter is described by subsection (d)(1) and (d)(2), but has not
authorized the cancellation of any previous registration, the county
voter registration office shall send an address confirmation notice
to the Indiana address of the voter.
SOURCE: IC 3-7-38.2-6; (13)SB0519.2.62. -->
SECTION 62. IC 3-7-38.2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. If When the names
of voters are submitted under section 5 of this chapter, the NVRA
official shall request that the United States Postal Service indicate the
voters who no longer reside at the submitted address. However, the
NVRA official shall also request that a voter who:
(1) has a temporary forwarding order in effect;
(2) is an absent uniformed services voter; or
(3) is an overseas voter;
not be included in the list of voters who no longer reside at the
submitted address.
SOURCE: IC 3-7-38.2-7.5; (13)SB0519.2.63. -->
SECTION 63. IC 3-7-38.2-7.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 7.5. The NVRA official shall do
both of the following:
(1) Compare the lists of voters described in section 5(c) of this
chapter with the list of registered voters in Indiana to identify
any individuals who may be registered to vote in more than
one (1) state.
(2) Provide each county voter registration office with a list of
potential duplicate registrations not later than thirty (30) days
after receipt of a list of voters of a state.
SOURCE: IC 3-7-38.2-8; (13)SB0519.2.64. -->
SECTION 64. IC 3-7-38.2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. At least once each
month, the NVRA official shall notify each county voter registration
office whose residences may have changed according to information
supplied under this chapter.
SOURCE: IC 3-7-38.2-16; (13)SB0519.2.65. -->
SECTION 65. IC 3-7-38.2-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 16.
(a) During each
even-numbered year, the NVRA official
may also shall conduct an
annual residency confirmation and outreach procedure under this
chapter. The NVRA official (or a contractor acting on behalf of the
NVRA official) may send a mailing by U.S. mail, postage prepaid, to
each voter in Indiana.
who has not received a mailing under any other
provision of this chapter.
(b) The NVRA official shall, not later than January 31 of each
year, submit the name of each registered voter in Indiana to the
United States Department of Homeland Security, U.S. Citizenship
and Immigration Service Verification Division, for comparison
with data maintained in that agency's SAVE Program. If the
NVRA official fails to perform the official's duty under this
subsection, the secretary of state shall do so. The state shall provide
each county voter registration office with information concerning
any registered voter who appears to not be a citizen of the United
States according to the SAVE Program for further investigation by
the county election board or county prosecuting attorney to
determine if a violation of this title may have occurred.
(c) The NVRA official shall, not later than January 31 of each
year, request information from the:
(1) United States District Court for the Northern District of
Indiana; and
(2) United States District Court for the Southern District of
Indiana;
concerning the return of U.S. mail sent by the court for jury
selection purposes. The state shall provide each county voter
registration office with information concerning any registered
voter who appears to no longer reside at the address set forth in
the voter's registration record due to a mailing returned to the
courts as undeliverable due to an unknown or insufficient address.
The county voter registration office shall send an address
confirmation notice to the voter described by this subsection.
SOURCE: IC 3-7-43-6; (13)SB0519.2.66. -->
SECTION 66. IC 3-7-43-6, AS AMENDED BY P.L.164-2006,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. (a) This section applies to a voter who requests
a cancellation of voter registration under IC 3-7-39-6.
(b) The county voter registration office of the county in which a
voter registers shall send the authorization of cancellation to the county
voter registration office using the computerized list, on an expedited
basis, as required by IC 3-7-26.3. A county voter registration office
is not required to forward a paper copy of the request for
cancellation of registration to another county voter registration
office if the authorization of cancellation has been transmitted to
the other county voter registration office using the computerized
list. The county voter registration office shall retain the paper copy
of the request for cancellation for the two (2) year period required
under 42 U.S.C. 1974.
SOURCE: IC 3-7-45-4; (13)SB0519.2.67. -->
SECTION 67. IC 3-7-45-4, AS AMENDED BY P.L.164-2006,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) Except as provided in subsection (b), a
county voter registration office shall cancel the registration of a
deceased person after receiving a copy of the deceased person's death
certificate on an expedited basis, as required under 42 U.S.C. 15483.
The county voter registration office shall enter the date and other
information regarding the cancellation into the computerized list under
IC 3-7-26.3.
(b) Except as provided in subsection (c), a county voter
registration office shall cancel the registration of a deceased person
after receiving a copy of an obituary, notice of estate
administration, or other notice of death of that person published in
a newspaper in which a legal notice may be published under
IC 5-3-1.
(b) (c) A county voter registration office may require additional
written information before canceling the registration of a person under
subsection (a) if the information contained in the death certificate or
notice of death is insufficient to identify the person whose registration
is to be canceled. If:
(1) additional written information is not given to the county voter
registration office; or
(2) the additional written information is insufficient to identify the
person whose registration is to be canceled;
the county voter registration office is not required to cancel the person's
registration.
SOURCE: IC 3-7-45-5; (13)SB0519.2.68. -->
SECTION 68. IC 3-7-45-5, AS AMENDED BY P.L.164-2006,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. (a) The state department of health shall
negotiate with appropriate agencies in each state other than Indiana to
acquire information regarding the deaths of Indiana residents occurring
in each of the other states
from those states or from the State and
Territorial Exchange of Vital Events (STEVE) System and
Electronic Verification of Vital Events (EVVE) System,
administered by the National Association for Public Health
Statistics and Information Systems. The state department of health
may offer to share with each other state information regarding the
deaths of the other state's residents in Indiana.
(b)
If an agreement is made with the agency of another state under
this section, the agreement must provide for acquisition of information
about the deaths of Indiana residents in the other state so that At least
once each month, the state department of health
can shall forward that
information as provided in section 2.1 of this chapter.
SOURCE: IC 3-7-45-6.1; (13)SB0519.2.69. -->
SECTION 69. IC 3-7-45-6.1, AS AMENDED BY P.L.164-2006,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6.1. (a) At least once each month, the election
division shall obtain information regarding Indiana residents identified
as deceased by the federal Social Security Administration as required
by 42 U.S.C. 15483 and in conformity with IC 3-7-26.3.
(b) Not later than thirty (30) days after receiving a report
obtained under subsection (a), the election division shall provide
each county voter registration office with a report identifying the
deceased individuals who are shown as residing in the county.
(c) Except as provided in section 7 of this chapter, the county voter
registration office shall cancel the registration of each deceased person
listed in the report provided under subsection (b).
SOURCE: IC 3-7-45-8; (13)SB0519.2.70. -->
SECTION 70. IC 3-7-45-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. At least once each
month, the NVRA official shall notify each county voter registration
office of the names of deceased persons obtained under this chapter.
SOURCE: IC 3-10-1-7.1; (13)SB0519.2.71. -->
SECTION 71. IC 3-10-1-7.1, AS AMENDED BY P.L.164-2006,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7.1. (a) This subsection does not apply to a
county in which electronic poll lists are used under IC 3-7-29-6 or
IC 3-11-18.1. Each county election board shall furnish the inspector of
each precinct for use on primary election day a certified copy under
IC 3-7-29 of the list of all voters registered to vote in the precinct.
(b) This subsection does not apply to a county in which
electronic poll lists with the ability to display signatures of voters
are used under IC 3-7-29-6 or IC 3-11-18.1. The county voter
registration office may also provide the inspector of each precinct in
the county a certified photocopy of the signature on the affidavit or
form of registration of each voter of the precinct for the comparison of
signatures under section 24.6 of this chapter.
(c) If the name of a person offering to vote at the primary is in the
registration record or listed in the certified copy prepared for the
precinct or the electronic poll list, it is sufficient evidence of the
person's right to vote unless the person is challenged.
SOURCE: IC 3-10-1-8; (13)SB0519.2.72. -->
SECTION 72. IC 3-10-1-8, AS AMENDED BY P.L.164-2006,
SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8. A person who will be a voter at the general
election for which the primary is being held and whose name does not
appear on the registration record of the precinct,
or on the certified
copy of the registration record prepared under IC 3-7-29,
or the
electronic poll list may:
(1) vote if the county voter registration office provides a signed
certificate of error; or
(2) cast a provisional ballot under IC 3-11.7, as provided by 42
U.S.C. 15482.
SOURCE: IC 3-10-1-24; (13)SB0519.2.73. -->
SECTION 73. 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:
(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) 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 a voter whose 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.
(e) For purposes of this section and section 7.2 of this chapter,
in a county using vote centers under IC 3-11-18.1, a voter is
considered to have written on the poll list or signed the poll list
when the voter executes the notice mailed to the voter under
IC 3-7-29-1.5(b).
(f) If a voter fails to bring the notice mailed to the voter under
IC 3-7-29-1.5(b), the precinct election board shall provide a
replacement notice to the voter at the vote center. The voter is
considered to have written on the poll list or signed the poll list
when the voter executes the replacement notice.
(g) If the voter makes a written affirmation on the poll list that
the voter resides at an address that is within the same precinct but
is not the same address shown on the poll list for that precinct, or
makes an oral affirmation of that 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 3-10-1-24.6; (13)SB0519.2.74. -->
SECTION 74. IC 3-10-1-24.6, AS AMENDED BY P.L.164-2006,
SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 24.6. (a) 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 record or any
certified copy of the signature provided under section 7.1 of this
chapter. If the board determines that the voter's signature is authentic,
the voter may then vote.
(b) If either poll clerk doubts the voter's identity following the
comparison of the signatures, the poll clerk shall challenge the voter in
the manner prescribed by IC 3-11-8. If the poll clerk does not execute
a challenger's affidavit under IC 3-11-8-21 or if the voter executes a
challenged voter's affidavit under IC 3-11-8-22.1, the voter may then
vote.
SOURCE: IC 3-11-3-16; (13)SB0519.2.75. -->
SECTION 75. IC 3-11-3-16, AS AMENDED BY P.L.164-2006,
SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 16. Each county election board shall prepare and
have delivered to the inspectors of the precincts, at the time they
receive the ballots for their precincts, a suitable number of voter
registration lists certified under IC 3-7-29 (or an electronic poll list in
a county described by IC 3-7-29-6 or IC 3-11-18.1) and any other
forms, papers, certificates, and oaths that are required to be furnished
to precinct election boards. The forms and papers must be prepared in
compliance with IC 3-5-4-8. The county voter registration office shall
cooperate with the county election board in the preparation of the lists
certified under IC 3-7-29 (or in the use of the electronic poll lists).
SOURCE: IC 3-11-8-3; (13)SB0519.2.76. -->
SECTION 76. IC 3-11-8-3, AS AMENDED BY P.L.230-2005,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. (a) This section does not apply to a county
using vote centers under IC 3-11-18.1.
(a) (b) Before each election each county executive shall secure for
each precinct of the county an accessible facility in which to hold the
election.
(b) (c) If an accessible facility is not available within the precinct,
then the polls may be located in another precinct in the county if the
polls are:
(1) either:
(A) not more than five (5) miles from the closest boundary of
the precinct for which it is the polls; or
(B) located in the same township as the precinct that does not
have an accessible facility available; and
(2) located in an accessible facility.
(c) (d) If the county election board, by a unanimous vote of its entire
membership, determines that an accessible facility is not available
under subsection (b), (c), the board may locate the polls in the most
convenient available accessible facility in the county.
(d) (e) If the county election board, by unanimous vote of its entire
membership, determines that:
(1) an accessible facility is not available under subsection (b) (c)
or (c); (d); and
(2) the most convenient accessible facility is located in an
adjoining county;
the board may locate the polls in the facility described in subdivision
(2) with the unanimous consent of the entire membership of the county
election board of the county in which the facility is located.
SOURCE: IC 3-11-8-4.1; (13)SB0519.2.77. -->
SECTION 77. IC 3-11-8-4.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4.1. (a) This section
does not apply to a county using vote centers under IC 3-11-18.1.
(b) The polls for each precinct may be located in only one (1) place.
SOURCE: IC 3-11-8-10.3; (13)SB0519.2.78. -->
SECTION 78. 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 information provided on the certified list
of voters prepared under IC 3-7-29-1.
(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 already cast a ballot at the election.
(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 generated
by a county election board for a watcher appointed under
IC 3-6-8 at any time during election day and must permit
reports to be 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) After election day, the electronic poll list must permit
voter history to be quickly and accurately uploaded into the
computerized list.
SOURCE: IC 3-11-8-17; (13)SB0519.2.79. -->
SECTION 79. IC 3-11-8-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 17. (a) This section
does not apply to a county using vote centers under IC 3-11-18.1.
(b) In a precinct, for which assistant poll clerks are provided, as
many as six (6) voters may be admitted to the polls at one (1) time for
the purpose of voting If there are no assistant poll clerks, no more than
three (3) voters may be admitted to the polls at any one time. as there
are stations for voting in the polls.
SOURCE: IC 3-11-8-26.1; (13)SB0519.2.80. -->
SECTION 80. 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 poll clerk may
check the box to indicate that the 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 3-11-18.1-4; (13)SB0519.2.81. -->
SECTION 81. IC 3-11-18.1-4, AS ADDED BY P.L.225-2011,
SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. The plan required by section 3 of this chapter
must include at least the following:
(1) The total number of vote centers to be established.
(2) The location of each vote center.
(3) The effective date of the order.
(4) The following information according to the computerized list
(as defined in IC 3-7-26.3-2) as of the date of the order:
(A) The total number of voters within the county.
(B) The number of active voters within the county.
(C) The number of inactive voters within the county.
(5) For each vote center designated under subdivision (2), a list
of the precincts whose polls will be located at the vote center
consistent with section 13 of this chapter.
(6) For each vote center designated under subdivision (2), the
number of precinct election boards that will be appointed to
administer an election at the vote center.
(7) For each precinct election board designated under subdivision
(6), the number and name of each precinct the precinct election
board will administer consistent with section 13 of this chapter.
(8) For each vote center designated under subdivision (2), the
number and title of the precinct election officers who will be
appointed to serve at the vote center.
(9) For each vote center designated under subdivision (2):
(A) the number and type of ballot variations that will be
provided at the vote center; and
(B) whether these ballots will be:
(i) delivered to the vote center before the opening of the
polls; or
(ii) printed on demand for a voter's use.
(10) A detailed description of any hardware, firmware, or
software used:
(A) to create an electronic poll list for each precinct whose
polls are to be located at a vote center; or
(B) to establish a secure electronic connection between the
county election board and the precinct election officials
administering a vote center.
(11) A description of the equipment and procedures to be used to
ensure that information concerning a voter entered into any
electronic poll list used by precinct election officers at a vote
center is immediately accessible to:
(A) the county election board; and
(B) the electronic poll lists used by precinct election officers
at all other vote centers in the county.
(12) For each precinct designated under subdivision (5), the
number of electronic poll lists to be provided for the precinct.
(13) The security and contingency plans to be implemented by the
county to do all of the following:
(A) Prevent a disruption of the vote center process.
(B) Ensure that the election is properly conducted if a
disruption occurs.
(C) Prevent access to an electronic poll list without the
coordinated action of two (2) precinct election officers who are
not members of the same political party.
(14) A certification that the vote center complies with the
accessibility requirements applicable to polling places under
IC 3-11-8.
(15) A sketch depicting the planned layout of the vote center,
indicating the location of:
(A) equipment; and
(B) precinct election officers;
within the vote center.
(16) The total number and locations of satellite offices to be
established under IC 3-11-10-26.3 at vote center locations
designated under subdivision (2) to allow voters to cast absentee
ballots in accordance with IC 3-11. However, a plan must provide
for at least one (1) vote center to be established as a satellite
office under IC 3-11-10-26.3 on the two (2) Saturdays
immediately preceding an election day.
(17) The method and timing of providing voter data to persons
who are entitled to receive the data under this title. Data shall be
provided to all persons entitled to the data without unreasonable
delay.
(18) That the county election board shall adopt a resolution
under IC 3-11.5-5-1 or IC 3-11.5-6-1 to make the central
counting of absentee ballots applicable to the county (if the
board has not already done so).
SOURCE: IC 3-11-18.1-8; (13)SB0519.2.82. -->
SECTION 82. IC 3-11-18.1-8, AS ADDED BY P.L.1-2011,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8. (a) Except as provided in subsection (b), the
designation of a county as a vote center county takes effect
immediately upon the filing of the order with the election division,
unless otherwise specified by the county election board.
(b) An order filed with the election division during the final sixty
(60) days before an election becomes effective on the day following
the election.
(b) (c) The designation of a county as a vote center county remains
in effect until the county election board, by unanimous vote of its entire
membership:
(1) rescinds the order designating the county as a vote center
county; and
(2) files a copy of the document rescinding the order with the
election division.
SOURCE: IC 5-26.5-2-5; (13)SB0519.2.83. -->
SECTION 83. IC 5-26.5-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5.
(a) The definitions
set forth in IC 3-5-2 apply to this section.
(b) A program participant who is otherwise qualified to vote may
apply to vote as provided in
IC 3-7. The residence address of a
program participant shall be recorded in the computerized system
as set forth in the voter registration application. However, the
voter registration application of the program participant is
confidential, and the name and residence address of the program
participant shall not be printed on any poll list or made available
through any electronic poll list provided to precinct election
officers.
(c) The program participant may vote in person at the office of
the county election board or may vote absentee by mail. The
program participant's mailing address shall be recorded in the
computerized system as the address of the office of the attorney
general. Except as provided in this section, IC 3-11-4-6 applies to
a program participant who wishes to vote by absentee ballot.
SOURCE: IC 12-14-1.5-4; (13)SB0519.2.84. -->
SECTION 84. IC 12-14-1.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) As required
under 42 U.S.C. 1973gg-5(d)(1), the county director or designated
office employee shall transmit a copy of a completed voter registration
application:
(1) to the circuit court clerk or board of registration of the county
in which the individual's residential address (as indicated on the
application) is located; and
(2) not later than five (5) days after the application is accepted at
the office.
(b) The county director or designated employee shall transmit a
copy of the voter registration application (or a separate declination
form) on which the individual declined to register to vote by
specifically declining to register or by failing to complete the voter
registration portion of the application.
(c) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the county
in which the individual's residential address (as indicated on the
application) is located; and
(2) not later than five (5) days after the application is accepted at
the office.
SOURCE: IC 12-14-1.5-6; (13)SB0519.2.85. -->
SECTION 85. IC 12-14-1.5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. A county director or
designated employee may use any of the following methods to transmit
voter registration applications or declinations under section 4 or 5 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: IC 12-14-25-3; (13)SB0519.2.86. -->
SECTION 86. IC 12-14-25-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) As required
under 42 U.S.C. 1973gg-5(d)(1), the designated office employee shall
transmit a copy of a completed voter registration application:
(1) to the circuit court clerk or board of registration of the county
in which the individual's residential address (as indicated on the
application) is located; and
(2) not later than five (5) days after the application is accepted at
the office.
(b) The designated employee shall transmit a copy of the voter
registration application (or a separate declination form) on which the
individual declined to register to vote by specifically declining to
register or by failing to complete the voter registration portion of the
application.
(c) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the county
in which the individual's residential address (as indicated on the
application) is located; and
(2) not later than five (5) days after the application is accepted at
the office.
SOURCE: IC 12-15-1.5-4; (13)SB0519.2.87. -->
SECTION 87. IC 12-15-1.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) This section does
not apply to a voter registration application or declination to register
accepted at a county office during the final five (5) days before the end
of a registration period under IC 3-7-13.
(b) As required under 42 U.S.C. 1973gg-5(d)(1), the county director
or designated office employee shall transmit a copy of a completed
voter registration application:
(1) to the circuit court clerk or board of registration of the county
in which the individual's residential address (as indicated on the
application) is located; and
(2) not later than ten (10) days after the application is accepted at
the office.
(c) The county director or designated employee shall transmit a copy
of the voter registration application (or a separate declination form) on
which the individual declined to register to vote by specifically
declining to register or by failing to complete the voter registration
portion of the application.
(d) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the county
in which the individual's residential address (as indicated on the
application) is located; and
(2) not later than ten (10) days after the application is accepted at
the office.
SOURCE: IC 12-15-1.5-6; (13)SB0519.2.88. -->
SECTION 88. IC 12-15-1.5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. A county director or
designated employee may use any of the following methods to transmit
voter registration applications or declinations under section 4 or 5 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.
(3) Electronic transfer, after approval by the co-directors of the
election division.
SOURCE: IC 16-35-1.6-5; (13)SB0519.2.89. -->
SECTION 89. IC 16-35-1.6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) As required
under 42 U.S.C. 1973gg-5(d)(1), the designated office employee shall
transmit a copy of a completed voter registration application:
(1) to the circuit court clerk or board of registration of the county
in which the individual's residential address (as indicated on the
application) is located; and
(2) not later than five (5) days after the application is accepted at
the office.
(b) The employee shall transmit a copy of the voter registration
application (or a separate declination form) on which the individual
declined to register to vote by specifically declining to register or by
failing to complete the voter registration portion of the application.
(c) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the county
in which the individual's residential address (as indicated on the
application) is located; and
(2) not later than five (5) days after the application is accepted at
the office.
SOURCE: IC 16-35-1.6-7; (13)SB0519.2.90. -->
SECTION 90. IC 16-35-1.6-7 IS REPEALED [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 mail, return receipt requested.
SOURCE: IC 16-35-1.6-8; (13)SB0519.2.91. -->
SECTION 91. IC 16-35-1.6-8 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 8. If a designated employee transmits registration
applications or declinations by hand delivery under section 7(1) of this
chapter, the circuit court clerk or board of registration shall provide the
designated employee with a receipt for the forms. The receipt must
state the date and time of delivery, and the printed name and signature
of the person who received the forms.
SOURCE: IC 16-35-1.6-9; (13)SB0519.2.92. -->
SECTION 92. IC 16-35-1.6-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9.
(a) The
co-directors
of the election division shall provide the commissioner with a list of the
current
addresses address and telephone
numbers number of the
offices of the circuit court clerk or board of county voter registration
office in each county. The commissioner shall promptly forward the list
and each revision of the list to each WIC office.
(b) The co-directors shall provide the commissioner with
pre-addressed packets for WIC offices to transmit applications under
section 7(1) or 7(2) of this chapter.
SOURCE: ; (13)SB0519.2.93. -->
SECTION 93. [EFFECTIVE UPON PASSAGE] (a) Not later than
May 31, 2013, the election division may enter into a contract with
an entity to provide management services for the statewide voter
registration system, with the consent of the secretary of state. If the
election division does not enter into a contract before June 1, 2013,
the secretary of state may enter into the contract without the
approval of the election division.
(b) This SECTION expires July 1, 2015.
SOURCE: ; (13)SB0519.2.94. -->
SECTION 94. [EFFECTIVE JULY 1, 2013] (a) Not later than
October 1, 2013, the election division may enter into a contract
with an entity to conduct the address confirmation mailing to each
voter registration record address within Indiana. If the election
division does not enter into a contract before October 2, 2013, the
secretary of state may enter into the contract without the approval
of the election division.
(b) This SECTION expires January 1, 2015.
SOURCE: ; (13)SB0519.2.95. -->
SECTION 95.
An emergency is declared for this act.