Introduced Version




SENATE BILL No. 200

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 3-7; IC 3-10-8-9.

Synopsis: Voter registration. Changes the deadline for registering to vote in a primary, general, municipal, or special election from not later than 29 days before an election to not later than 14 days before an election. Makes conforming amendments in the deadlines for registering: (1) in person at the office of the circuit court clerk or board of registration; (2) in person at a license branch; (3) in person at a public assistance agency; (4) in person at an agency serving persons with disabilities; (5) in person at a governmental or nongovernmental office authorized by law to register voters; and (6) by mail. Changes the deadline for a circuit court clerk or board of registration to prepare certified copies of the list of registered voters from not later than ten days before the election to not later than four days before the election. Changes the time within which a circuit court clerk or board of registration must send an authorization of cancellation to the county of a voter's previous residence from not later than 15 days after receipt of the authorization to not later than five days after the receipt of the authorization.

Effective: July 1, 2000.



Washington


    January 10, 2000, read first time and referred to Committee on Elections.




Introduced

Second Regular Session 111th General Assembly (2000)


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 1999 General Assembly.

SENATE BILL No. 200


    A BILL FOR AN ACT to amend the Indiana Code concerning elections.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 3-7-13-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 10. (a) The registration period begins December 1 of each year (or the first Monday in December if December 1 falls on a Saturday or Sunday).
    (b) The registration period continues through the twenty-ninth fourteenth day before the date a primary election is scheduled under this title.
    (c) The registration period resumes fourteen (14) days after primary election day and continues through the twenty-ninth fourteenth day before the date a general or municipal election is scheduled under this article.
    (d) This subsection applies in each precinct in which a special election is to be conducted. The registration period ceases in that precinct on the twenty-ninth fourteenth day before a special election is conducted and resumes fourteen (14) days after the special election occurs.
    SECTION 2. IC 3-7-13-11 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 11. A person desiring to register or transfer a registration may do so at the office of the circuit court clerk or board of registration through the close of business on the twenty-ninth fourteenth day before the election is scheduled to occur.
    SECTION 3. IC 3-7-14-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 10. If an individual is registering to vote after the twenty-ninth fourteenth day before the date that a primary, general, municipal, or special election is scheduled in the precinct where the voter resides, the employee of the commission who provides an individual with a driver's license or an identification card application shall do the following:
        (1) Inform the individual that license branch registration will not permit the individual to vote in the next election.
        (2) Inform the individual of other procedures the individual may follow to vote in the next election.
    SECTION 4. IC 3-7-15-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 10. If an individual is registering to vote after the twenty-ninth fourteenth day before the date that a primary, general, municipal, or special election is scheduled in the precinct where the voter resides, the employee of the office who provides an individual with an application for assistance or services under section 3 of this chapter shall do the following:
        (1) Inform the individual that office registration will not permit the individual to vote in the next election.
        (2) Inform the individual of other procedures the individual may follow to vote in the next election.
    SECTION 5. IC 3-7-16-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 17. If an individual is registering to vote after the twenty-ninth fourteenth day before the date that a primary, general, municipal, or special election is scheduled in the precinct where the voter resides, the employee or a volunteer of the office who provides an individual with an application for assistance or services under this chapter shall do the following:
        (1) Inform the individual that office registration will not permit the individual to vote in the next election.
        (2) Inform the individual of other procedures the individual may follow to vote in the next election.
    SECTION 6. IC 3-7-18-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 9. If an individual is registering to vote after the twenty-ninth fourteenth day before the date that a primary, general, municipal, or special election is scheduled in the precinct where the voter resides, the employee or volunteer of the

office who provides an individual with an application for assistance or services under this chapter shall do the following:
        (1) Inform the individual that office registration will not permit the individual to vote in the next election.
        (2) Inform the individual of other procedures the individual may follow to vote in the next election.
    SECTION 7. IC 3-7-28-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. Copies of all memoranda 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) fourteen (14) days before the election shall be forwarded daily and within forty-eight (48) hours of the date on which the memoranda were 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.
    SECTION 8. IC 3-7-29-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. (a) Not later than ten (10) four (4) days before the election at which the registration record is to be used, the circuit court clerk or board of registration shall prepare certified copies of the list of registered voters for each precinct in the county.
    (b) The lists must contain the full name, address, and assigned identification number of each registered voter. The names shall be arranged in the same order as they are in the registration record of the precinct.
    SECTION 9. IC 3-7-33-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) This section applies to a voter registration application that is:
        (1) completed as part of a driver's license application under IC 3-7-14 ; or
        (2) submitted at a voter registration agency under this article.
    (b) As provided in 42 U.S.C. 1973gg-6(a)(1), an eligible applicant whose application is accepted by the bureau of motor vehicles or a voter registration agency not later than twenty-nine (29) fourteen (14) days before the election shall be registered to vote in the election.
    SECTION 10. IC 3-7-33-4 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. (a) This section applies to a voter registration application submitted on a registration by mail form under IC 3-7-31.
    (b) Except as provided in subsection (c), and as provided in 42 U.S.C. 1973gg-6(a)(1), an eligible applicant whose application is postmarked not later than twenty-nine (29) fourteen (14) days before the election shall be registered to vote in the election.
    (c) If a postmark on a registration by mail form is missing or illegible, an eligible applicant shall be registered to vote in the election if the form is received by the circuit court clerk or board of registration not later than twenty-four (24) nine (9) days before the election.
    SECTION 11. IC 3-7-36-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 10. The circuit court clerk or board of registration shall process an absentee registration affidavit or form received from a voter described in section 1 of this chapter during the registration period or during the period beginning on the twenty-ninth fourteenth day before the election and ending on the date that the clerk or board prepares the certified list under IC 3-7-29-1.
    SECTION 12. IC 3-7-38.2-13 , AS AMENDED BY P.L.38-1999, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 13. After the county voter registration office has determined under this chapter that a voter's residence may have changed, the election division shall send a notice to the voter that sets forth substantially the following statements as provided in 42 U.S.C. 1973gg-6(d)(2):
        (1) If the voter did not change the voter's residence or changed the residence but remained in the same county where the voter was listed on the voter registration record, the voter must return the card enclosed with the notice in person to the county voter registration office not later than twenty-nine (29) fourteen (14) days before the election or by regular United States mail:
            (A) with a postmark not later than twenty-nine (29) fourteen (14) days before the election; or
            (B) if a postmark is missing or illegible, to the county voter registration office not later than twenty-one (21) nine (9) days before the election.
        (2) If the card is not returned under subdivision (1), the voter may be required to affirm or confirm the voter's address before the voter is permitted to vote in an election during the period:
            (A) beginning on the date of the notice; and
            (B) ending on the day after the date of the second general election scheduled to occur after the date of the notice.

        (3) If the voter does not vote in an election described in subdivision (2), the voter's name will be removed from the voter registration list.
        (4) If the voter changed residence to a place outside the county in which the voter is included on the voter registration list, information concerning how the voter can continue to be eligible to vote in the county where the voter currently resides.
    SECTION 13. IC 3-7-43-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 6. (a) This section applies to a voter who requests a cancellation of voter registration under IC 3-7-39-6.
    (b) The circuit court clerk or board of registration of the county in which a voter registers shall send the authorization of cancellation to the circuit court clerk or board of registration of the county or counties of previous residence within fifteen (15) five (5) days after receipt of the authorization. However, all authorizations shall be sent to the clerk or board not later than the fifteenth day before the date on which an election will be held.
    SECTION 14. IC 3-7-46-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 8. On the last day of each month each county voter registration office shall prepare a list of the names and last known addresses of all persons within the county who have been disfranchised. The county voter registration office may secure the list at any time, but not later than the twenty-ninth fourteenth day before a primary, general, or municipal election.
    SECTION 15. IC 3-10-8-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 9. (a) If the special election occurs during the period when registration is open under IC 3-7-13 , the registration period continues through the twenty-ninth fourteenth day before the special election occurs and resumes on the first day of the month following the month in which the special election is conducted.
    (b) The election board conducting the special election shall provide poll lists for use at the precincts that include the names of voters in the precinct who:
        (1) have registered through the twenty-ninth fourteenth day before the special election is to be conducted; or
        (2) are absent uniformed services voters or overseas voters registered under IC 3-7-36.
    (c) This subsection applies when a special election is ordered by a court under IC 3-12-8-17 or the state recount commission under IC 3-12-11-18. A candidate may not be placed on the special election

ballot unless the candidate was on the ballot or was a declared write-in candidate for the office at the general election preceding the special election.
    (d) The restrictions on the sale of alcoholic beverages set forth in IC 7.1-5-10-1 apply in each precinct in which the special election is conducted.