HB 1311-1_ Filed 03/25/2013, 12:26

COMMITTEE REPORT




MADAM PRESIDENT:

    The Senate Committee on Elections, to which was referred House Bill No. 1311, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 1, line 14; (13)AM131105.1. -->     Page 1, line 14, after "county" insert " that:
        (1) has adopted an order under section 6 of this chapter; or
        (2) is a vote center county under IC 3-11-18.1.
".
    Page 1, delete line 15.
    Page 2, between lines 9 and 10, begin a new line block indented and insert:
        " (5) The date of birth of the voter.
        (6) The scanned signature of the voter.
        (7) Whether the voter is required to provide an affirmation of the voter's residence.
        (8) A bar code that allows the county voter registration office to efficiently record whether the voter has signed the poll list.
        (9) For a poll list used in a primary election, a letter abbreviation of the name of the major political party whose ballot the voter has requested.
        (10) A space for a poll clerk to indicate when a voter has cast an absentee ballot.
        (11) A space for a poll clerk to indicate when a voter has cast a provisional ballot.
        (12) For a voter required to submit additional documentation required under IC 3-7-33-4.5, a space for a poll clerk to insert

letters serving as an abbreviation for the type of documentation provided by the voter.".
    Page 2, between lines 11 and 12, begin a new paragraph and insert:
    " (e) The poll list must also contain a statement at the top of each page indicating that an individual who knowingly makes a false statement by signing a poll list or indicating on a poll list that a voter's address has changed commits a Class D felony as provided by IC 3-14-2-11.
    (f) This subsection applies to a county that has adopted an order under section 6 of this chapter or is a vote center county under IC 3-11-18.1. The precinct election board shall post in a location within the precinct or vote center a notice that:
        (1) is clearly visible to an individual (or to an individual providing assistance under IC 3-11-9) who is providing information to a precinct election officer using an electronic poll list; and
        (2) indicates that an individual commits a Class D felony under IC 3-14-2-11, if the individual knowingly makes a false statement to a precinct election officer:
            (A) concerning the individual's name; or
            (B) indicating that the individual's address has changed.
".
    Page 2, line 14, after "that" insert " :
        (1)
".
    Page 2, line 15, delete "." and insert " ; or
        (2) is a vote center county under IC 3-11-18.1.
".
    Page 2, line 30, delete "chapter)" and insert " chapter or that is a vote center county under IC 3-11-18.1)".
    Page 2, line 33, delete "county:" and insert " county that:
        (1) has adopted an order under section 6 of this chapter; or
        (2) is a vote center county under IC 3-11-18.1.
".
    Page 2, delete lines 34 through 38.
    Page 3, line 9, delete "may include" and insert " must require".
    Page 3, between lines 12 and 13, begin a new paragraph and insert:
    " (c) The county voter registration office shall download the information required to be available on an electronic poll list before the electronic poll list is delivered and installed as required by IC 3-11-3-11(b).

SOURCE: IC 3-7-48-1; (13)AM131105.7. -->     SECTION 7. IC 3-7-48-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Except as otherwise provided by NVRA or in this chapter, a person whose name does not appear on the registration record may not vote, unless the circuit court clerk or board of county voter registration provides office issues a signed

certificate of error immediately available for inspection in the county voter registration office where the permanent registration record is kept showing that the voter is legally registered in the precinct where the voter resides.
    (b) A person whose name does not appear on the registration record may cast a provisional ballot as provided in IC 3-11.7.

SOURCE: IC 3-7-48-2; (13)AM131105.8. -->     SECTION 8. IC 3-7-48-2, AS AMENDED BY P.L.81-2005, SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. A certificate of error issued under section 1 of this chapter:
        (1) may be issued at any time after:
             (A) the production of the certified list under IC 3-7-29; or
            (B) the downloading of the information into an electronic poll list under IC 3-7-29-6(c);

        (2) shall be executed by the circuit court clerk, or in a county with a board of registration, by both members of the board; and
        (3) shall be numbered serially in the method prescribed for entry in the computerized list maintained under IC 3-7-26.3.
SOURCE: IC 3-7-48-3; (13)AM131105.9. -->     SECTION 9. IC 3-7-48-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) This section does not apply whenever a county voter registration office provides confirmation of the issuance of a certificate of error to a precinct election officer by transmitting the confirmation through an electronic poll list used at a precinct or vote center.
     (b) One (1) copy of the certificate of error shall be delivered to the inspector of the precinct of the voter's residence. The inspector shall return that copy to the circuit court clerk with other election material at the close of the polls as provided in this title. The other copy shall be delivered to the county election board and returned to the circuit court clerk when the polls are closed.".
SOURCE: Page 3, line 16; (13)AM131105.3. -->     Page 3, line 16, after "IC 3-7-29-6" delete "." and insert " or IC 3-11-18.1.".
    Page 3, line 22, after "IC 3-7-29-6" delete "." and insert " or IC 3-11-18.1.".
    Page 4, line 24, after "that" insert " the voter may check the box instead of writing the voter's current address on the poll list, or if an electronic poll list is used,".
    Page 4, line 25, delete "for".
    Page 4, line 25, strike "a voter whose" and insert " after stating to the voter the address shown on the electronic poll list and receiving an oral affirmation from the voter that the voter's".
    Page 4, between lines 28 and 29, begin a new paragraph and insert:
    " (e) If the voter makes:
        (1) a written affirmation on the poll list that the voter resides at an address within the precinct but not at the address shown on the poll list for the precinct; or
        (2) an oral affirmation of a change of address under IC 3-7-39-7;
the county election board shall direct the county voter registration office to transfer the individual's voter registration record to the address within the precinct indicated by the voter.
".
    Page 4, after line 42, begin a new paragraph and insert:
SOURCE: IC 3-11-1.5-10.7; (13)AM131105.14. -->     "SECTION 14. IC 3-11-1.5-10.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10.7. If a conflict exists between:
        (1) a map showing the boundaries of a precinct; and
        (2) a description of the boundaries of that precinct;
submitted by a county and approved under this chapter, the precinct boundaries are the description of the boundaries, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
".
SOURCE: Page 5, line 3; (13)AM131105.5. -->     Page 5, line 3, after "Sec. 11." delete "The" and insert " (a) Except as provided in subsection (b), the".
    Page 5, delete lines 30 through 33, begin a new line block indented and insert:
        " (7) Copies of the notice for posting as required by IC 3-7-29-1(f).
         (8) The blank voter registration applications required to be provided under IC 3-7-48-7(b).
    (b) This subsection applies to a county that:
        (1) has adopted an order under section 6 of this chapter; or
        (2) is a vote center county under IC 3-11-18.1.
The county election board shall deliver and install the hardware, firmware, and software necessary to use an electronic poll list in each precinct or vote center.
".
    Page 5, line 40, delete "IC 3-7-29-6)" and insert " IC 3-7-29-6 or IC 3-11-18.1)".
    Page 6, line 16, after "than" insert " :
            (A)
".
    Page 6, line 17, after "IC 3-7-29-1" delete "." and insert " ; or
            (B) information concerning any of the following received or issued after the electronic poll list has been downloaded by the county election board under IC 3-7-29-6:
                (i) The county's receipt of an absentee ballot from the

voter.
                (ii) The county's receipt of additional documentation provided by the voter to the county voter registration office.
                (iii) The county's issuance of a certificate of error.
".
    Page 6, delete line 18, begin a new line block indented and insert:
        " (4) The information contained on an electronic poll list must be encrypted and placed on a dedicated, private server to secure connectivity between a precinct polling place or satellite absentee office and the county election board.
        (5) The electronic poll list must permit a poll clerk to enter information regarding an individual who has appeared to vote to verify whether the individual is eligible to vote, and if so, whether the voter has:
            (A) already cast a ballot at the election;
            (B) returned an absentee ballot; or
            (C) submitted any additional documentation required under IC 3-7-33-4.5.
        (6) After the voter has been provided with a ballot, the electronic poll list must permit a poll clerk to enter information indicating that the voter has voted at the election.
        (7) The electronic poll list must transmit the information in subdivision (6) to the county election board so that the board may transmit the information immediately to every other polling place or satellite absentee office in the county in which an electronic poll list is being used.
        (8) The electronic poll list must permit reports to be:
            (A) generated by a county election board for a watcher appointed under IC 3-6-8 at any time during election day; and
            (B) electronically transmitted by the county election board to a political party or independent candidate who has appointed a watcher under IC 3-6-8.
        (9) After election day, the electronic poll list must permit voter history to be quickly and accurately uploaded into the computerized list.
        (10) The electronic poll list must be able to display an electronic image of the signature of a voter taken from the voter's registration application, if available.
        (11) The electronic poll list must be used with a signature pad that permits the voter to make an electronic signature for comparison with the signature displayed under subdivision

(10).
        (12) The electronic poll list must include a bar code reader that:
            (A) permits a voter who presents an Indiana driver's license or a state identification card issued under IC 9-24-16 to scan the license or card through the bar code reader; and
            (B) has the capability to display the voter's registration record upon processing the information contained within the bar code on the license or card.
        (13) The electronic poll list must be compatible with:
            (A) any hardware attached to the poll book, such as signature pads, bar code scanners, and network cards;
            (B) the statewide voter registration system; and
            (C) any software system used to prepare voter information to be included on the electronic poll list.
        (14) The electronic poll list must have the ability to be used in conformity with this title for:
            (A) any type of election conducted in Indiana; or
            (B) any combination of elections held concurrently with a general election, municipal election, primary election, or special election.
        (15) The procedures for setting up, using, and shutting down an electronic poll list must:
            (A) be reasonably easy for a precinct election officer to learn, understand, and perform; and
            (B) not require a significant amount of training in addition to the training required by IC 3-6-6-40.
        (16) The electronic poll list must enable a precinct election officer to verify that the electronic poll list:
            (A) has been set up correctly;
            (B) is working correctly so as to verify the eligibility of the voter;
            (C) is correctly recording that a voter has voted; and
            (D) has been shut down correctly.
        (17) The electronic poll list must include the following documentation:
            (A) Plainly worded, complete, and detailed instructions sufficient for a precinct election officer to set up, use, and shut down the electronic poll list.
            (B) Training materials that:
                (i) may be in written or video form; and


                (ii) must be in a format suitable for use at a polling place, such as simple "how to" guides.
            (C) Failsafe data recovery procedures for information included in the electronic poll list.
            (D) Usability tests:
                (i) that are conducted by the manufacturer of the electronic poll list using individuals who are representative of the general public;
                (ii) that include the setting up, using, and shutting down of the electronic poll list; and
                (iii) that report their results using the ANSI/INCITS -354 Common Industry Format (CIF) for Usability Test Reports approved by the American National Standards Institute (ANSI) on December 12, 2001.
            (E) A clear model of the electronic poll list system architecture and the following documentation:
                (i) End user documentation.
                (ii) System-level documentation.
                (iii) Developer documentation.
            (F) Detailed information concerning:
                (i) electronic poll list consumables; and
                (ii) the vendor's supply chain for those consumables.
            (G) Vendor internal quality assurance procedures and any internal or external test data and reports available to the vendor concerning the electronic poll list.
            (H) Repair and maintenance policies for the electronic poll list.
            (I) As of the date of the vendor's application for approval of the electronic poll list by the secretary of state as required by IC 3-11-18.1-12(2), the following:
                (i) A list of customers who are using or have previously used the vendor's electronic poll list.
                (ii) A description of any known anomalies involving the functioning of the electronic poll list, including how those anomalies were resolved.
        (18) The electronic poll list and any hardware attached to the poll book must be designed to prevent injury or damage to any individual or the hardware, including fire and electrical hazards.
        (19) The electronic poll list must demonstrate that it correctly processes all activity regarding each voter registration record included on the list, including the use, alteration, storage, and

transmittal of information that is part of the record. Compliance with this subdivision requires the mapping of the data life cycle of the voter registration record as processed by the electronic poll list.
        (20) The electronic poll list must successfully perform in accordance with all representations concerning functionality, usability, security, accessibility, and sustainability made in the vendor's application for approval of the electronic poll list by the secretary of state as required by IC 3-11-18.1-12(2).
".
    Page 7, line 40, after "that" insert " the voter may check the box instead of writing the voter's current address on the poll list, or if an electronic poll list is used,".
    Page 7, line 41, delete "for".
    Page 7, line 41, strike "a voter whose" and insert " after stating to the voter the address shown on the electronic poll list and receiving an oral affirmation from the voter that the voter's".
    Page 8, between lines 2 and 3, begin a new paragraph and insert:
    " (l) If the voter makes:
        (1) a written affirmation on the poll list that the voter resides at an address within the precinct but not at the address shown on the poll list for the precinct; or
        (2) an oral affirmation of a change of address under IC 3-7-39-7;
the county election board shall direct the county voter registration office to transfer the individual's voter registration record to the address within the precinct indicated by the voter.
".
    Page 9, line 34, after "that" insert " the voter may check the box instead of writing the voter's current address on the poll list, or if an electronic poll list is used,".
    Page 9, line 35, strike "to indicate that the" and insert " after stating to the voter the address shown on the electronic poll list and receiving an oral affirmation from the voter that the voter's".
    Page 9, between lines 38 and 39, begin a new paragraph and insert:

SOURCE: IC 3-11-16-4; (13)AM131105.22. -->     "SECTION 22. IC 3-11-16-4, AS ADDED BY P.L.221-2005, SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. The person or entity designated under this chapter to conduct the program shall do the following:
        (1) Develop and propose procedures and standards for the certification, acquisition, functioning, training, and security for voting systems used to conduct elections in Indiana.
        (2) Compile and maintain an inventory of all voting systems used to conduct elections in Indiana.
        (3) Review reports concerning voting systems prepared by independent laboratories and submitted by applicants for voting system certification.
        (4) Recommend to the commission whether an application for voting system certification should be approved and, if so, whether the approval should be subject to any restrictions or conditions to ensure compliance with Indiana law.
        (5) Perform any additional testing of a voting system necessary to determine whether the voting system complies with state law.
        (6) Each year perform random audits of voting systems used to conduct Indiana elections and prepare reports indicating whether the voting systems have been certified, programmed, and used in compliance with Indiana law.
        (7) Review contracts, leases, purchase orders, and amendments to those documents concerning the acquisition or maintenance of voting systems.
        (8) Assist with the development of quantity purchase agreements and other contracts for the lease or purchase of voting systems.
         (9) Develop and propose procedures and standards for the certification, acquisition, functioning, training, and security for electronic poll books used to conduct elections in Indiana.
        (9) (10) Perform any other duties related to the approval or use of voting systems as provided in:
            (A) state law; or
            (B) the contract described in section 3 of this chapter.
SOURCE: IC 3-11-17-1; (13)AM131105.23. -->     SECTION 23. IC 3-11-17-1, AS ADDED BY P.L.221-2005, SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. This chapter applies to a voting system or an electronic poll book vendor who sells, leases, installs, implements, or permits the use of a voting system or an electronic poll book in an election conducted in Indiana.
SOURCE: IC 3-11-17-2; (13)AM131105.24. -->     SECTION 24. IC 3-11-17-2, AS ADDED BY P.L.221-2005, SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. In addition to any other penalty imposed, a vendor who knowingly, recklessly, or negligently sells, leases, installs, implements, or permits the use of a voting system or an electronic poll book in an election conducted in Indiana in violation of this title is subject to a civil penalty under this chapter.
SOURCE: IC 3-11-18.1-12; (13)AM131105.25. -->     SECTION 25. IC 3-11-18.1-12, AS ADDED BY P.L.1-2011, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. (a) Notwithstanding any other law, the electronic poll list used at each vote center
        (1) must:
         (1) comply with IC 3-11-8-10.3;
        (2) may include an electronic image of the signature of a voter taken from the voter's registration application, if available; and
        (3) may (2) be in a format approved by the secretary of state in accordance with this section.
    (b) A person who wishes to market, sell, lease, or provide an electronic poll book for use in an election in Indiana must first file an application for certification with the election division on a form prescribed by the secretary of state.
    (c) The secretary of state shall refer the application to the person or entity conducting the voting system technical oversight program (VSTOP) established by IC 3-11-16-2.
    (d) The VSTOP shall examine the electronic poll book with its accompanying documentation and file a report with the secretary of state indicating:
        (1) whether the electronic poll book would operate in compliance with this title;
        (2) any recommendations regarding the acquisition or use of the electronic poll book; and
        (3) whether VSTOP recommends that the secretary of state approve the electronic poll book under this section, including any recommended restrictions that should be placed on the secretary of state's approval.
    (e) After the report required by subsection (d) is filed, the secretary of state may approve the application for certification permitting the electronic poll book to be used in an election in Indiana.
    (f) A certification under this section expires on December 31 of the year following the date of its issuance, unless earlier revoked by the secretary of state upon a written finding of good cause for the revocation.

SOURCE: IC 3-11.5-4-1; (13)AM131105.26. -->     SECTION 26. IC 3-11.5-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. Each circuit court clerk shall do the following:
        (1) Keep a separate absentee ballot record for each precinct in the county.
        (2) This subdivision applies to a county in which the county voter registration office prepares a certified list of all voters registered to vote in each precinct in the county under IC 3-7-29-1. Certify to each inspector or the inspector's representative, at the time that the ballots and supplies are

delivered under IC 3-11-3, the names of the voters:
            (A) to whom absentee ballots were sent or who marked ballots in person; and
            (B) whose ballots have been received by the county election board under IC 3-11-10.
         (3) This subdivision applies to a county that has adopted an order to use an electronic poll list under IC 3-7-29-6 or is a voter center county under IC 3-11-18.1. Certify at the time the county voter registration office downloads information to an electronic poll list under IC 3-7-29-6(c), the names of the voters:
            (A) to whom absentee ballots were sent or who marked ballots in person; and
            (B) whose ballots have been received by the county election board under IC 3-11-10.

SOURCE: IC 3-11.5-4-8; (13)AM131105.27. -->     SECTION 27. IC 3-11.5-4-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) This section does not apply to a county that:
        (1) has adopted an order to use an electronic poll list under IC 3-7-29-6; or
        (2) is a vote center county under IC 3-11-18.1;
if the electronic poll list used at a polling place or vote center is immediately updated to indicate the county received, not later than noon on election day, an absentee ballot from a voter.

    (a) (b) Each county election board shall certify the names of voters:
        (1) to whom absentee ballots were sent or who marked ballots in person; and
        (2) whose ballots have been received by the board under this chapter;
after the certification under section 1 of this chapter and not later than noon on election day.
    (b) (c) The county election board shall have:
        (1) the certificates described in subsection (a); (b); and
        (2) the circuit court clerk's certificates for voters who have registered and voted under IC 3-7-36-14;
delivered to the precinct election boards at their respective polls on election day by couriers appointed under section 22 of this chapter.
    (c) (d) The certificates shall be delivered not later than 3 p.m. on election day.
SOURCE: IC 3-11.5-4-9; (13)AM131105.28. -->     SECTION 28. IC 3-11.5-4-9, AS AMENDED BY P.L.225-2011, SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. (a) This section does not apply to a county

that:
        (1) has adopted an order to use an electronic poll list under IC 3-7-29-6; or
        (2) is a vote center county under IC 3-11-18.1;
if the electronic poll list used at a polling place or vote center is immediately updated to indicate that the county received, not later than noon on election day, an absentee ballot from a voter.

    (a) (b) Upon delivery of the certificates under section 8 of this chapter to a precinct election board, the inspector shall do the following in the presence of the poll clerks:
        (1) Mark the poll list.
        (2) Attach the certificates of voters who have registered and voted under IC 3-7-36-14 to the poll list.
The poll clerks shall sign the statement printed on the certificate indicating that the inspector marked the poll list and attached the certificates under this section in the presence of both poll clerks to indicate that the absentee ballot of the voter has been received by the county election board.
    (b) (c) The inspector shall then deposit:
        (1) the certificate prepared under section 1 of this chapter;
        (2) the certificate prepared under section 8 of this chapter; and
        (3) any challenge affidavit executed by a qualified person under section 16 of this chapter;
in an envelope in the presence of both poll clerks.
    (c) (d) The inspector shall seal the envelope. The inspector and each poll clerk shall then sign a statement printed on the envelope indicating that the inspector or poll clerk has complied with the requirements of this chapter governing the marking of the poll list and certificates.
    (d) (e) The couriers shall immediately return the envelope described in subsection (b) (c) to the county election board. Upon delivering the envelope to the county election board, each courier shall sign a statement printed on the envelope indicating that the courier has not opened or tampered with the envelope since the envelope was delivered to the courier.

SOURCE: IC 3-11.5-4-15; (13)AM131105.29. -->     SECTION 29. IC 3-11.5-4-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 15. (a) Except as provided in subsection (c), the vote of an absentee voter may be challenged at the polls for the reason that the absentee voter is not a legal voter of the precinct where the ballot is being cast.
    (b) Before the inspector prepares to mark the poll list to indicate that an absentee ballot cast by the voter has been received by the county election board according to a certificate delivered to the polls under

section 1 or section 8 of this chapter, the inspector shall notify the challengers and the pollbook holders that the inspector is about to mark the poll list under this section. The inspector shall provide the challengers and pollbook holders with the name and address of each voter listed in the certificate so that the voter may be challenged under this article.
     (c) This section applies to a county that:
        (1) has adopted an order to use an electronic poll list under IC 3-7-29-6; or
        (2) is a vote center county under IC 3-11-18.1.
The vote of an absentee ballot may be challenged for the reason that the absentee voter is not a legal voter of the precinct for which the absentee ballot was issued. Before the absentee ballot counters process an absentee ballot, the absentee ballot counters shall notify the county election board. A county election board member, or a representative designated by a county election board member, may protest the counting of an absentee ballot under IC 3-11.5-5-8 or IC 3-11.5-6-6.

    (c) (d) The challenge under this section must be determined using the procedures for counting a provisional ballot under IC 3-11.7.

SOURCE: IC 3-11.5-4-16; (13)AM131105.30. -->     SECTION 30. IC 3-11.5-4-16, AS AMENDED BY P.L.164-2006, SECTION 120, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 16. (a) If an absentee ballot is challenged under section 15 of this chapter, the absentee voter's application for an absentee ballot shall be considered as the affidavit required to be made by a voter when challenged at the polls while voting in person.
    (b) Except as provided in subsection (c), the challenge procedure under this section is the same as though the ballot was cast by the voter in person.
    (c) An absentee voter is not required to provide proof of identification.
    (d) This subsection does not apply to a county that:
        (1) has adopted an order to use an electronic poll list under IC 3-7-29-6; or
        (2) is a vote center county under IC 3-11-18.1.

If a proper affidavit by a qualified person in the form required by IC 3-11-8-22.1 is made that would entitle the absentee voter to vote if the absentee voter had personally appeared, the couriers shall return the affidavit to the county election board in the same envelope as the certificate returned under section 9 of this chapter.
    (e) The absentee ballot cast by the challenged voter shall be counted

if the county election board makes the findings required under section 11 of this chapter. IC 3-11.7.

SOURCE: IC 3-11.5-4-22; (13)AM131105.31. -->     SECTION 31. IC 3-11.5-4-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 22. (a) Except as provided in subsection (b), each county election board shall appoint:
        (1) absentee voter boards;
        (2) teams of absentee ballot counters; and
        (3) teams of couriers;
consisting of two (2) voters of the county, one (1) from each of the two (2) political parties that have appointed members on the county election board.
    (b) Notwithstanding subsection (a), a county election board:
         (1) may appoint, by a unanimous vote of the board's members, only one (1) absentee ballot courier if the person appointed is a voter of the county; and
        (2) shall not appoint teams of couriers, if the county:
            (A) has adopted an order to use an electronic poll list under IC 3-7-29-6; or
            (B) is a vote center county under IC 3-11-18.1.

    (c) An otherwise qualified person is eligible to serve on an absentee voter board or as an absentee ballot counter or a courier unless the person:
        (1) is unable to read, write, and speak the English language;
        (2) has any property bet or wagered on the result of the election;
        (3) is a candidate to be voted for at the election except as an unopposed candidate for precinct committeeman or state convention delegate; or
        (4) is the spouse, parent, father-in-law, mother-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece of a candidate or declared write-in candidate to be voted for at the election except as an unopposed candidate. This subdivision disqualifies a person whose relationship to the candidate is the result of birth, marriage, or adoption.
    (d) A person who is a candidate to be voted for at the election or who is related to a candidate in a manner that would result in disqualification under subsection (c) may, notwithstanding subsection (c), serve as a member of an absentee voter board if:
        (1) the candidate is seeking nomination or election to an office in an election district that does not consist of the entire county; and
        (2) the county election board restricts the duties of the person as an absentee voter board member to performing functions that

could have no influence on the casting or counting of absentee ballots within the election district.

SOURCE: IC 3-11.5-4-24; (13)AM131105.32. -->     SECTION 32. IC 3-11.5-4-24, AS AMENDED BY P.L.221-2005, SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 24. (a) This section does not apply to a county that:
        (1) has adopted an order to use an electronic poll list under IC 3-7-29-6; or
        (2) is a vote center county under IC 3-11-18.1.

    (a) (b) In addition to the preparations described in IC 3-11-11-2, IC 3-11-13-27, or IC 3-11-14-16, the inspector shall:
        (1) mark the poll list; and
        (2) attach the certificates of voters who have registered and voted under IC 3-7-36-14 to the poll list;
in the presence of the poll clerks to indicate the voters of the precinct whose absentee ballots have been received by the county election board according to the certificate supplied under section 1 of this chapter.
    (b) (c) The poll clerks shall sign the statement printed on the certificate supplied under section 1 of this chapter indicating that the inspector:
        (1) marked the poll list; and
        (2) attached the certificates described in subsection (a)(2); (b)(2);
under this section in the presence of both poll clerks.
    (c) (d) The inspector shall retain custody of the certificate supplied under section 1 of this chapter until the certificate is returned under section 9 of this chapter.
SOURCE: IC 3-11.5-5-3; (13)AM131105.33. -->     SECTION 33. IC 3-11.5-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) Except as provided in subsection (b), immediately after:
        (1) the couriers have returned the certificate from a precinct under IC 3-11.5-4-9; and
        (2) the absentee ballot counters or the county election board have made the findings required under IC 3-11-10 and IC 3-11.5-4 for the absentee ballots cast by voters of the precinct and deposited the accepted absentee ballots in the envelope required under IC 3-11.5-4-12;
the absentee ballot counters shall, in a central counting location designated by the county election board, count the absentee ballot votes for each candidate for each office and on each public question in the precinct.
     (b) This section applies to a county that:
        (1) has adopted an order to use an electronic poll list under

IC 3-7-29-6; or
        (2) is a vote center county under IC 3-11-18.1.
Immediately after the electronic poll lists used at each polling place or vote center have been updated to indicate that the county received, not later than noon on election day, an absentee ballot from a voter, the absentee ballot counters shall, in a central counting location designated by the county election board, count the absentee ballot votes cast for each candidate for each office and on each public question in the precinct.

SOURCE: IC 3-11.5-6-3; (13)AM131105.34. -->     SECTION 34. IC 3-11.5-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) Except as provided in subsection (b), immediately after:
        (1) the couriers have returned the certificate from a precinct under IC 3-11.5-4-9; and
        (2) the absentee ballot counters or the county election board has made the findings required under IC 3-11-10 and IC 3-11.5-4 for the absentee ballots cast by voters of the precinct and deposited the accepted absentee ballots in the envelope required under IC 3-11.5-4-12;
the absentee ballot counters shall, in a central counting location designated by the county election board, count the absentee ballot votes for each candidate for each office and on each public question in the precinct with the assistance of any persons required for the operation of the automatic tabulating machine.
     (b) This subsection applies to a county that:
        (1) has adopted an order to use an electronic poll list under IC 3-7-29-6; or
        (2) is a vote center county under IC 3-11-18.1.
Immediately after the electronic poll lists used at each polling place or vote center have been updated to indicate that the county received, not later than noon on election day, an absentee ballot from a voter, the absentee ballot counters shall, in a central counting location designated by the county election board, count the absentee ballot votes cast for each candidate for each office and on each public question in the precinct.
".
SOURCE: Page 10, line 10; (13)AM131105.10. -->     Page 10, line 10, after "mail." insert " The absentee ballot application of a program participant is confidential.".
    Page 10, line 42, strike "electoral" and insert " election".
    Page 11, line 1, strike "electoral" and insert " election".
    Page 11, line 9, strike "electoral" and insert " election".
    Page 11, line 11, strike "electoral" and insert " election".
    Page 11, between lines 34 and 35, begin a new paragraph and insert:
    " (j) The limitations set forth in this section are part of the plan, but do not have to be specifically set forth in the plan. The plan must be construed, if possible, to comply with this chapter. If a provision of the plan or an application of the plan violates this chapter, the invalidity does not affect the other provisions or applications of the plan that can be given effect without the invalid provision or application. The provisions of the plan are severable.
    (k) If a conflict exists between:
        (1) a map showing the boundaries of a district; and
        (2) a description of the boundaries of that district set forth in the plan or plan amendment;
the district boundaries are the description of the boundaries set forth in the plan or plan amendment, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
".
    Page 12, line 35, strike "Not more than one (1) year after the".
    Page 12, line 36, strike "effective date of each United States decennial census," and insert " During the first year after a year in which a federal decennial census is conducted,".
    Page 13, between lines 26 and 27, begin a new paragraph and insert:
    " (d) The limitations set forth in this section are part of the plan, but do not have to be specifically set forth in the plan. The plan must be construed, if possible, to comply with this chapter. If a provision of the plan or an application of the plan violates this chapter, the invalidity does not affect the other provisions or applications of the plan that can be given effect without the invalid provision or application. The provisions of the plan are severable.".
    Page 13, line 34, after "If" delete "the".
    Page 14, between lines 20 and 21, begin a new paragraph and insert:
    " (e) If a conflict exists between:
        (1) a map showing the boundaries of a district; and
        (2) a description of the boundaries of that district set forth in the plan or plan amendment;
the district boundaries are the description of the boundaries set forth in the plan or plan amendment, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
".
    Page 16, between lines 17 and 18, begin a new paragraph and insert:
    " (e) If a conflict exists between:
        (1) a map showing the boundaries of a district; and
        (2) a description of the boundaries of that district set forth in the plan or plan amendment;
the district boundaries are the description of the boundaries set forth in the plan or plan amendment, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.

SOURCE: IC 20-23-14-3; (13)AM131105.42. -->     SECTION 42. IC 20-23-14-3, AS ADDED BY P.L.1-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) The governing body of the school corporation consists of five (5) members elected on a nonpartisan basis.
    (b) Three (3) of the members are elected from the school districts referred to in section 4 4.5 of this chapter by eligible voters residing in the school districts. Each member:
        (1) is elected from the school district in which the member resides; and
        (2) upon election and in conducting the business of the governing body, represents the interests of the entire school corporation.
    (c) Two (2) of the members:
        (1) are elected by eligible voters residing in the school corporation;
        (2) are at-large members of the governing body; and
        (3) upon election and in conducting the business of the governing body, represent the interests of the entire school corporation.
SOURCE: IC 20-23-14-4; (13)AM131105.43. -->     SECTION 43. IC 20-23-14-4 IS REPEALED [EFFECTIVE JULY 1, 2013]. Sec. 4. The school districts for the election of the members of the governing body under section 3(b) of this chapter are as follows:
        (1) Commencing at the Southeast corner of Section 16; thence West along the center line of 29th Avenue (South line of Section 16) to Deep River; thence Southwesterly along the center line of Deep River to State Road 51; thence South along the center line of State Road 51 to 33rd Avenue to Montgomery Street (the North-South center line of Section 20); thence North along the center line of Montgomery Street to 31st Avenue; then West along the center line of 31st Avenue to Grand Boulevard; then North along the center line of Grand Boulevard to Riverside Drive; then Northeasterly along the center line of Riverside Drive to Laporte Street; thence North along the center line of Laporte Street to Fairview Avenue; thence Easterly along the center line of Fairview Avenue to State Road 51; thence North along the center line of State Road 51 to Central Avenue; thence East along the center line of Central Avenue to the county line; thence South along the county line to the point of beginning.
        (2) Commencing at the Northeast Corner of Section 9-36-7; thence South along the county line to Central Avenue; thence

West along the center line of Central Avenue to State Road 51; thence South along the center line of State Road 51 to Fairview Street; thence Westerly along the center line of Fairview Avenue to Laporte Street; thence South along the center line of Laporte Street to Riverside Drive; thence Southwesterly along the center line of Riverside Drive to Grand Boulevard; thence North along the center line of Grand Boulevard to Court Street; thence West along the center line of Court Street to Howard Street; thence Northerly along the center line of Howard Street to the Borman Tri-State Highway (I-80 and I-94); thence Westerly along the center line of the Borman Tri-State Highway to the Little Calumet River Bed; thence meandering along the center line of the Little Calumet River Bed first in a Northeasterly direction, then in a Southwesterly direction, then in a Northerly direction to Burns Ditch; thence Westerly along the center line of Burns Ditch to Clay Street; then North along the center line of Clay Street to 15th Avenue; thence East along the center line of 15th Avenue to Gibson Street; thence North along Gibson Street to the Indiana Toll Road; thence Easterly along the North Line of the Indiana Toll Road to Lake Street; thence North along the East Line of Lake Street to the Wabash Railroad; thence East along the Wabash Railroad to the point of beginning.
        (3) Commencing at the Southeast corner of Section 18-36-7; thence West along the center line of 29th Avenue to Hancock Street; thence South along the center line of Hancock Street to Deep River; thence Southwesterly along the center line of Deep River to Gibson Street; thence North along the center line of Gibson Street to 29th Avenue; thence West along 29th Avenue, including residences on both the North and South sides of 29th Avenue to Clay Street; thence South along the center line of Clay Street to Liverpool Road; thence Westerly along the center line of Liverpool Road to Benton Street; thence North along the center line of Benton Street to 29th Avenue; thence West along the center line of 29th Avenue to State Street; thence North along the center line of State Street to Marquette Road; thence Easterly along the center line of Marquette Road to Clay Street; thence North along the center line of Clay Street to Burns Ditch; thence Easterly along the center line of Burns Ditch to the Little Calumet River Bed; thence meandering along the center line of the Little Calumet River Bed first in a Southerly direction, then in a Northeasterly direction, and then in a Southerly direction to the Borman Tri-State Highway (I-80 and I-94); then Easterly along

the center line of the Borman Tri-State Highway to Howard Street; thence Southerly along the center line of Howard Street to Court Street; thence East along the center line of Court Street to Grand Boulevard; thence South along the center line of Grand Boulevard to the point of beginning.

SOURCE: IC 20-23-14-4.5; (13)AM131105.44. -->     SECTION 44. IC 20-23-14-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4.5. (a) Until the first reapportionment required under this section, the school districts for the election of the members of the governing body under section 3(b) of this chapter are the districts set forth in section 4 of this chapter (before its repeal).
    (b) The governing body shall, by resolution, reapportion the school districts and change their boundaries, if necessary, not later than December 31 of the year immediately following the year in which a decennial census is taken.
    (c) The school districts established must:
        (1) be as near as practicable equal in population;
        (2) have boundaries set forth in the text of the resolution; and
        (3) comply with:
            (A) the Constitution of the United States; and
            (B) the Constitution of the State of Indiana;
        including the equal protection clauses of both constitutions.
    (d) The limitations set forth in this section are part of the resolution, but do not have to be specifically set forth in the resolution. The resolution must be construed, if possible, to comply with this chapter. If a provision of the resolution or an application of the resolution violates this chapter, the invalidity does not affect the other provisions or applications of the resolution that can be given effect without the invalid provision or application. The provisions of the resolution are severable.
    (e) This subsection applies during the first year after a year in which a federal decennial census is conducted. The governing body shall amend the resolution if an amendment is necessary to reapportion the school districts and change their boundaries to comply with subsection (c). If the governing body determines that reapportionment and changes to the boundaries of the school districts are not required, the governing body shall recertify that the school districts as established comply with subsection (c).
    (f) Each time the governing body amends the resolution or makes a recertification, the governing body shall file a copy of the following with the board of elections and registration established

by IC 3-6-5.2-3 not later than thirty (30) days after the amendment or recertification occurs:
        (1) A copy of the amendment or recertification.
        (2) One (1) of the following:
            (A) A certification that changes to the school district boundaries as established are not required to comply with subsection (c).
            (B) If reapportionment of the school districts and changes to their boundaries are required to comply with subsection (c), a map showing the boundaries of the new school districts.
    (g) If a conflict exists between:
        (1) a map showing the boundaries of a school district; and
        (2) a description of the boundaries of that school district set forth in the resolution or resolution amendment;
the school district boundaries are the description of the boundaries set forth in the resolution or resolution amendment, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
".

SOURCE: Page 17, line 8; (13)AM131105.17. -->     Page 17, between lines 8 and 9, begin a new paragraph and insert:
    " (e) The limitations set forth in this section are part of the plan, but do not have to be specifically set forth in the plan. The plan must be construed, if possible, to comply with this chapter. If a provision of the plan or an application of the plan violates this chapter, the invalidity does not affect the other provisions or applications of the plan that can be given effect without the invalid provision or application. The provisions of the plan are severable.
    (f) If a conflict exists between:
        (1) a map showing the boundaries of a district; and
        (2) a description of the boundaries of that district set forth in the plan or plan amendment;
the district boundaries are the description of the boundaries set forth in the plan or plan amendment, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
".
    Page 18, between lines 30 and 31, begin a new paragraph and insert:
    " (i) The limitations set forth in this section are part of the ordinance, but do not have to be specifically set forth in the ordinance. The ordinance must be construed, if possible, to comply with this chapter. If a provision of the ordinance or an application of the ordinance violates this chapter, the invalidity does not affect the other provisions or applications of the ordinance that can be

given effect without the invalid provision or application. The provisions of the ordinance are severable.
    (j) If a conflict exists between:
        (1) a map showing the boundaries of a district; and
        (2) a description of the boundaries of that district set forth in the ordinance;
the district boundaries are the description of the boundaries set forth in the ordinance, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
".
    Page 20, between lines 8 and 9, begin a new paragraph and insert:
    " (i) The limitations set forth in this section are part of the ordinance, but do not have to be specifically set forth in the ordinance. The ordinance must be construed, if possible, to comply with this chapter. If a provision of the ordinance or an application of the ordinance violates this chapter, the invalidity does not affect the other provisions or applications of the ordinance that can be given effect without the invalid provision or application. The provisions of the ordinance are severable.
    (j) If a conflict exists between:
        (1) a map showing the boundaries of a district; and
        (2) a description of the boundaries of that district set forth in the ordinance;
the district boundaries are the description of the boundaries set forth in the ordinance, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
".
    Page 21, between lines 19 and 20, begin a new paragraph and insert:
    " (h) The limitations set forth in this section are part of the ordinance, but do not have to be specifically set forth in the ordinance. The ordinance must be construed, if possible, to comply with this chapter. If a provision of the ordinance or an application of the ordinance violates this chapter, the invalidity does not affect the other provisions or applications of the ordinance that can be given effect without the invalid provision or application. The provisions of the ordinance are severable.
    (i) If a conflict exists between:
        (1) a map showing the boundaries of a district; and
        (2) a description of the boundaries of that district set forth in the ordinance;
the district boundaries are the description of the boundaries set forth in the ordinance, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
".
    Page 23, between lines 15 and 16, begin a new paragraph and insert:


    " (n) The limitations set forth in this section are part of the ordinance, but do not have to be specifically set forth in the ordinance. The ordinance must be construed, if possible, to comply with this chapter. If a provision of the ordinance or an application of the ordinance violates this chapter, the invalidity does not affect the other provisions or applications of the ordinance that can be given effect without the invalid provision or application. The provisions of the ordinance are severable.
    (o) If a conflict exists between:
        (1) a map showing the boundaries of a district; and
        (2) a description of the boundaries of that district set forth in the ordinance;
the district boundaries are the description of the boundaries set forth in the ordinance, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
".
    Page 26, between lines 11 and 12, begin a new paragraph and insert:
    " (r) The limitations set forth in this section are part of the ordinance, but do not have to be specifically set forth in the ordinance. The ordinance must be construed, if possible, to comply with this chapter. If a provision of the ordinance or an application of the ordinance violates this chapter, the invalidity does not affect the other provisions or applications of the ordinance that can be given effect without the invalid provision or application. The provisions of the ordinance are severable.
    (s) If a conflict exists between:
        (1) a map showing the boundaries of a district; and
        (2) a description of the boundaries of that district set forth in the ordinance;
the district boundaries are the description of the boundaries set forth in the ordinance, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
".
    Page 29, between lines 5 and 6, begin a new paragraph and insert:
    " (r) The limitations set forth in this section are part of the ordinance, but do not have to be specifically set forth in the ordinance. The ordinance must be construed, if possible, to comply with this chapter. If a provision of the ordinance or an application of the ordinance violates this chapter, the invalidity does not affect the other provisions or applications of the ordinance that can be given effect without the invalid provision or application. The provisions of the ordinance are severable.
    (s) If a conflict exists between:
        (1) a map showing the boundaries of a district; and
        (2) a description of the boundaries of that district set forth in the ordinance;
the district boundaries are the description of the boundaries set forth in the ordinance, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
".
    Page 30, between lines 36 and 37, begin a new paragraph and insert:
    " (l) The limitations set forth in this section are part of the ordinance, but do not have to be specifically set forth in the ordinance. The ordinance must be construed, if possible, to comply with this chapter. If a provision of the ordinance or an application of the ordinance violates this chapter, the invalidity does not affect the other provisions or applications of the ordinance that can be given effect without the invalid provision or application. The provisions of the ordinance are severable.
    (m) If a conflict exists between:
        (1) a map showing the boundaries of a district; and
        (2) a description of the boundaries of that district set forth in the ordinance;
the district boundaries are the description of the boundaries set forth in the ordinance, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
".
    Page 31, between lines 34 and 35, begin a new paragraph and insert:
    " (h) The limitations set forth in this section are part of the ordinance, but do not have to be specifically set forth in the ordinance. The ordinance must be construed, if possible, to comply with this chapter. If a provision of the ordinance or an application of the ordinance violates this chapter, the invalidity does not affect the other provisions or applications of the ordinance that can be given effect without the invalid provision or application. The provisions of the ordinance are severable.
    (i) If a conflict exists between:
        (1) a map showing the boundaries of a district; and
        (2) a description of the boundaries of that district set forth in the ordinance;
the district boundaries are the description of the boundaries set forth in the ordinance, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.
".
    Page 32, delete lines 1 through 8.
    Page 32, line 9, delete "(1)" and insert " (2)".
    Page 32, line 9, after "Study" insert " allegations of".
    Page 32, delete lines 11 through 12, begin a new line block indented and insert:
        " (3) Study allegations of election fraud occurring in the:
            (A) absentee voting process;
            (B) candidate filing process;
            (C) voter registration process; and
            (D) voting process.
        (4) Study methods for improving election administration by reducing lines at polling places.
        (5) Study methods for reducing the cost of the election process.
        (6) Study methods for enabling an emergency first responder responding to an emergency declaration to receive an absentee ballot or absentee ballot application by electronic mail or facsimile (fax) machine.
        (7) Study the impact of sending written communications to a voter containing false vote history information regarding that voter.

     (c) The committee shall make any proposed recommendations concerning the topics described in subsection (b), including any proposed legislation, as the committee considers appropriate.".
    Page 32, line 13, delete "(c)" and insert " (d)".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1311 as reprinted February 19, 2013.)

and when so amended that said bill do pass .

Committee Vote: Yeas 7, Nays 0.

____________________________________

Senator Landske, Chairperson


AM 131105/DI 102    2013