Citations Affected: IC 3-5; IC 3-6; IC 3-8; IC 3-11; IC 3-11.5;
IC 3-12; IC 3-13; IC 36-2.
Effective: July 1, 2001.
January 16, 2001, read first time and referred to Committee on Legislative Apportionment
& Elections.
February 19, 2001, reported favorably _ Do Pass.
February 26, 2001, read second time, amended, ordered engrossed.
February 27, 2001, engrossed.
March 1, 2001, read third time, passed. Yeas 48, nays 0.
the disqualification of a candidate, must be filled not later than noon June 30 after the primary election. Requires the election commission to prescribe a statement of the rights of a voter in Indiana. Specifies the kind of information that the statement must contain. Provides that the commission may require the voter's bill of rights to be distributed with registration and other election related materials. Requires the voter's bill of rights to be posted on the state's Internet elections website. Requires the secretary of state to request Indiana news media to include a copy of the voter's bill of rights as part of election coverage or in public service announcements before an election. Requires the voter's bill of rights to be posted in every precinct polling place on each election day. Requires the polls in each precinct in a county to close at 7 p.m., instead of 6 p.m., on election day. Provides that the time that half-day precinct election officers change is 12:30 p.m. rather than noon election day. Makes these changes effective beginning for elections held beginning in 2004. Provides that the legislative members of the Lake County redistricting commission are voting members of the commission.
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
SECTION 1. IC 3-5-2-50.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 50.4. "Voter's bill of rights" refers to the statement
prescribed by the commission under IC 3-5-8.
SECTION 2. IC 3-5-8 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Chapter 8. The Voter's Bill of Rights
Sec. 1. The commission shall prescribe a statement of the rights
of a voter in Indiana that shall be known as "the voter's bill of
rights".
Sec. 2. The statement required by section 1 of this chapter must
contain the following:
(1) A statement of the qualifications that an individual must
meet to vote in Indiana, including qualifications relating to
registration.
(2) A statement describing the circumstances that permit a
voter who has moved from the precinct where the voter is
registered to return to that precinct to vote.
(3) A statement that an individual who meets the
qualifications and circumstances listed in subdivisions (1) and
(2) may vote in the election.
(4) A statement describing how a voter who is challenged at
the polls may be permitted to vote.
(5) A statement informing the voter what assistance is
available to assist the voter at the polls.
(6) A statement informing the voter what circumstances will
spoil the voter's ballot and the procedures available for the
voter to request a new ballot.
(7) A statement describing which voters will be permitted to
vote at the closing of the polls.
(8) Other information that the commission considers
important for a voter to know.
Sec. 3. The commission may require a copy of the voter's bill of
rights to be distributed with voter registration materials or other
materials that are given to voters.
Sec. 4. The secretary of state or other state agency posting
election information on the state's Internet site shall include the
voter's bill of rights on the site.
Sec. 5. Not later than thirty (30) days before a primary, general,
or municipal election, the secretary of state shall request Indiana
news media to include a copy of the voter's bill of rights as part of
election coverage or in public service announcements.
SECTION 3. IC 3-6-6-10, AS AMENDED BY P.L.176-1999,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 10. (a) A county chairman may make nominations
for precinct election offices by filing the nominations in writing with
the circuit court clerk no later than noon fourteen (14) days before the
election.
(b) This subsection does not apply to the office of precinct
inspector. Before January 1, 2004, a county chairman may specify in
the nomination of an individual for a precinct election office that the
individual is nominated to serve until noon on election day and that
another individual is nominated to serve in the same precinct election
office beginning at noon on election day until the expiration of the term
of the office under section 37(b) of this chapter. After December 31,
2003, a county chairman may specify in the nomination of an
individual for a precinct election office that the individual is
nominated to serve until 12:30 p.m. on election day and that
another individual is nominated to serve in the same precinct
election office beginning at 12:30 p.m. on election day until the
expiration of the term of the office under section 37(b) of this
chapter.
SECTION 4. IC 3-6-6-11, AS AMENDED BY P.L.176-1999,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 11. (a) A county election board shall appoint the
voters who are nominated for precinct election offices by the county
chairmen.
(b) This subsection does not apply to the office of precinct
inspector. This subsection applies to an appointment to a precinct
election office made following a nomination by a county chairman
under this chapter. Before January 1, 2004, the county election board
shall provide that an appointment of an individual to a precinct election
office
(1) expires at noon on election day or
(2) begins at noon on election day and expires under section 37(b)
of this chapter
if the nomination made by the county chairman specifies that the
nomination is made for a term that begins or expires at those times.
After December 31, 2003, the county election board shall provide
that an appointment of an individual to a precinct election office
expires at 12:30 p.m. on election day or begins at 12:30 p.m. on
election day and expires under section 37(b) of this chapter if the
nomination made by the county chairman specifies that the
nomination is made for a term that begins or expires at those times.
(c) This subsection does not apply to the office of precinct inspector.
This subsection applies to an appointment to a precinct election office
made by a county election board under section 13(b) of this chapter.
Before January 1, 2004, the county election board may appoint an
individual to a precinct election office for a term that
(1) expires at noon on election day or
(2) begins at noon on election day and expires under section 37(b)
of this chapter. After December 31, 2003, the county election
board may appoint an individual to a precinct election office
for a term that expires at 12:30 p.m. on election day or begins
at 12:30 p.m. on election day and expires under section 37(b)
of this chapter.
SECTION 5. IC 3-8-6-10, AS AMENDED BY P.L.176-1999,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 10. (a) Except as provided in section 11 of this
chapter, a petition of nomination must be submitted to the county voter
registration office of each county in which the election district is
located.
(b) The petition must be filed during the period beginning January
1 of the year in which the election will be held and ending at noon July
15 June 30 before the election.
(c) The county voter registration office shall certify and file a
petition that complies with the requirements of this chapter with the
public official authorized to place names on the ballot (and with the
town clerk-treasurer, if the petition of nomination is for a town office)
by not later than noon August 1. July 15. Following certification of
a petition under this section, the office may, upon the request of a
candidate named in the petition, return the original petition to the
candidate for filing with the appropriate official in accordance with this
subsection.
(d) During a year in which a federal decennial census, federal
special census, special tabulation, or corrected population count
becomes effective under IC 1-1-3.5, a petition of nomination may be
filed for an office that will appear on the primary election ballot that
year as a result of the new tabulation of population or corrected
population count.
SECTION 6. IC 3-8-6-13.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 13.5. A candidate may
withdraw a petition of nomination by noon:
(1) August 1 July 15 before a general or municipal election; or
(2) forty-five (45) days before a special election.
SECTION 7. IC 3-8-7-8, AS AMENDED BY P.L.202-1999,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 8. (a) Either the chairman and secretary of a state
convention or the state chairman and state secretary of the political
party holding the state convention shall certify each candidate
nominated at the convention to the secretary of state by not later than
noon August 1 July 15 before the general election.
(b) The certification certificate must state the following:
(1) Whether each candidate nominated by the convention has
complied with IC 3-9-1-5 by filing a campaign finance statement
of organization.
(2) That the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign
finance and the reporting of campaign contributions and
expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
The candidate must separately sign the statement required by this
subdivision.
(c) The commission shall prescribe the form of the certification
certificate of nomination for the offices. The commission shall provide
that the form of the certification certificate of nomination include the
following information near the separate signature required by
subsection (b)(2):
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under
IC 3-9.
(d) A certificate of nomination must include a statement that the
candidate requests the name on the candidate's voter registration record
be the same as the name the candidate uses on the certificate of
nomination. If there is a difference between the name on the candidate's
certificate of nomination and the name on the candidate's voter
registration record, the officer with whom the certificate of nomination
is filed shall forward the information to the voter registration officer of
the appropriate county as required by IC 3-5-7-6(e). The voter
registration officer of the appropriate county shall change the name on
the candidate's voter registration record to be the same as the name on
the candidate's certificate of nomination.
SECTION 8. IC 3-8-7-14 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 14. A certificate of nomination
required to be filed with the election division or circuit court clerk shall
be filed no not later than noon August 1 July 15 before the date fixed
for the election of the person nominated.
SECTION 9. IC 3-8-7-21, AS AMENDED BY P.L.38-1999,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 21. (a) If a person has been nominated by two (2)
or more political parties, or as an independent candidate and as the
nominee of at least one (1) political party, the person must elect which
of the nominations the person will accept.
(b) The election must be in writing, signed, acknowledged before an
officer authorized to take acknowledgments, and filed in the office
where a declaration of candidacy must be filed for the office under
IC 3-8-2 or where a certificate of nomination by a convention must be
filed under this chapter by noon August 1 July 15 before the election.
SECTION 10. IC 3-11-3-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 22. (a) Each county
election board shall have printed in at least 14 point type on cards in
English, braille, and any other language that the board considers
necessary, the following:
(1) Instructions for the guidance of voters in preparing their
ballots.
(2) Instructions explaining the procedure for write-in voting.
(3) Write-in voting notice cards that must be posted in each
precinct that utilizes a voting machine or ballot card voting
system that does not permit write-in voting. The notice cards must
direct voters who want to cast write-in votes to request a write-in
ballot from an election official.
(b) Each county election board shall have printed in type large
enough to be easily visible to voters entering the polling place a
poster at least twenty-four (24) inches by thirty-six (36) inches
containing the voter's bill of rights. The poster shall be printed in
English, braille, Spanish, and any other language that the board
considers necessary.
(c) The board shall furnish the number of cards and voter's bill of
rights posters it determines to be adequate for each precinct to the
inspector at the same time the board delivers the ballots for the precinct
and shall furnish a magnifier upon request to a voter who requests a
magnifier to read the cards.
SECTION 11. IC 3-11-8-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. (a) This subsection
applies before January 1, 2004. The polls in each precinct open at 6
a.m. and close at 6 p.m. on election day.
(b) This subsection applies after December 31, 2003. The polls
in each precinct open at 6 a.m. and close at 7 p.m. on election day.
SECTION 12. IC 3-11-10-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. On election day
each circuit court clerk (or an agent of the clerk) shall visit the
appropriate post office to accept delivery of absentee envelopes at the
latest possible time that will permit delivery of the ballots to the
appropriate precinct election boards before 6 p.m. the polls close.
SECTION 13. IC 3-11-11-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) On the morning
of election day, the precinct election officers shall meet at the polls at
least one (1) hour before the time for opening the polls. The inspector
then shall have:
(1) the chute erected;
(2) the sample ballots, and instruction cards, and voter's bill of
rights posters posted; and
(3) everything put in readiness for the commencement of voting
at the opening of the polls.
(b) At the opening of the polls, the inspector and judges shall see
that there are no ballots in the ballot box before the voting begins. After
the inspection of the box, the inspector shall:
(1) securely lock the box;
(2) give one (1) key to the judge of the opposite political party;
and
(3) retain one (1) key.
(c) Once securely locked, the ballot box may not be opened again
until after the polls have been closed and the precinct election board is
ready to immediately proceed with the counting, except as otherwise
provided for central counting.
(d) The voting booths or compartments must be of a size and design
to permit a voter to mark ballots in secret.
SECTION 14. IC 3-11-12-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 24. On the morning of
election day, each precinct election board, the poll clerks, and the
election sheriffs shall meet at the polls at least one (1) hour before the
time for opening the polls. The inspector then shall have:
(1) the chute erected;
(2) the sample ballots, and instruction cards, and voter's bill of
rights posters posted; and
(3) everything put in readiness for the commencement of voting
at the opening of the polls.
SECTION 15. IC 3-11-12-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 26. Each county
election board shall be at its office from 5 a.m. until 6 p.m. the polls
close on election day. Upon notice that a voting machine is out of order
or fails to work, the board shall be ready between those hours to deliver
to any precinct in the county:
(1) necessary ballots;
(2) election booths with an adequate number of stalls;
(3) ballot boxes; and
(4) all necessary supplies and equipment as required by law.
SECTION 16. IC 3-11-13-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 27. (a) After the
delivery of a ballot card voting system to a precinct, the precinct
election board may meet at the polls on the same day and open the
package containing the sample ballot cards, to determine whether the
system is ready for use in accordance with section 16 of this chapter.
If a ballot card voting system is not in compliance with that section, the
board shall immediately label, set and adjust, and place the system in
order or have it done.
(b) While acting under subsection (a), the precinct election board
may restrict access to parts of the room where marking devices and
other election material are being handled to safeguard this material.
(c) On the morning of election day, the precinct election officers
shall meet at the polls at least one (1) hour before the time for opening
the polls. The inspector then shall have:
(1) the chute erected;
(2) the sample ballots, and instruction cards, and voter's bill of
rights posters posted; and
(3) everything put in readiness for the commencement of voting
at the opening of the polls.
(d) Before the opening of the polls, the precinct election officers
shall compare the ballot cards used in the marking device with the
sample ballots furnished and determine whether the names, numbers,
and letters are in agreement. The officers then shall certify that the
marking device and the sample ballots are in agreement. Forms shall
be provided for certification, and the certification shall be filed with the
election returns.
SECTION 17. IC 3-11-14-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 16. On the morning of
election day, the precinct election officers shall meet at the polls at
least one (1) hour before the time for opening the polls. The inspector
then shall have:
(1) the chute erected;
(2) the sample ballots, and instruction cards, and voter's bill of
rights posters posted; and
(3) everything put in readiness for the commencement of voting
at the opening of the polls.
SECTION 18. IC 3-11-14-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 19. Each county
election board shall be at its office from 5 a.m. until 6 p.m. the polls
close on election day. Upon notice that an electronic voting system is
out of order or fails to work, the board shall be ready between those
hours to deliver to any precinct in the county:
(1) necessary paper ballots;
(2) election booths with an adequate number of stalls;
(3) ballot boxes; and
(4) all necessary supplies and equipment as required by law.
SECTION 19. IC 3-11.5-4-13, AS AMENDED BY P.L.38-1999,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 13. (a) If the absentee ballot counters find under
section 11 of this chapter that:
(1) the affidavit is insufficient or that the ballot has not been
endorsed with the initials of:
space to permit members of the public to witness the canvassing of
votes.
SECTION 21. IC 3-13-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. A candidate vacancy
that exists on a primary election ballot may not be filled for the primary
election. The resulting vacancy on the following general or municipal
election ballot may be filled in the manner prescribed by this chapter,
but only if it is filled by noon August 1 June 30 before election day.
SECTION 22. IC 3-13-1-7, AS AMENDED BY P.L.176-1999,
SECTION 113, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 7. (a) Except as provided in
subsection (c), (b), action to fill a candidate vacancy for an office for
which a declaration of candidacy must be filed with the secretary of
state under IC 3-8-2-5 must be taken:
(1) before not later than noon thirty-five (35) days June 30 after
the primary election if the vacancy exists on a general or
municipal election ballot; and
(2) within thirty (30) days after the occurrence of the vacancy, if
the vacancy exists on a special election ballot, subject to section
2 of this chapter.
(b) Except as provided in subsection (c), action to fill a candidate
vacancy not described in subsection (a), must be taken:
(1) before noon August 1, if the vacancy exists on a general or
municipal election ballot; and
(2) within thirty (30) days after the occurrence of the vacancy, if
the vacancy exists on a special election ballot, subject to section
2 of this chapter.
(c) (b) This subsection applies to a candidate vacancy that exists
before the thirtieth day before a general, municipal, or special
election and that is due to any of the following:
(1) The death of a candidate.
(2) The withdrawal of a candidate.
(3) The disqualification of a candidate under IC 3-8-1-5. or
(4) A court order issued under IC 3-8-7-29(d).
before the thirtieth day before a general, municipal, or special election.
Action to fill a candidate vacancy under section 3, 4, 5, or 6 of this
chapter for reasons permitted under this subsection must be taken
within thirty (30) days after the occurrence of the vacancy.
SECTION 23. IC 3-13-1-15, AS AMENDED BY P.L.202-1999,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 15. (a) A county chairman filling a candidate
vacancy under section 6(a)(2) of this chapter or the chairman of a
meeting filling a candidate vacancy under this chapter shall file a
written certificate of candidate selection on a form prescribed by the
commission stating the following information for each candidate
selected:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on the
ballot; and
(B) the candidate's name is permitted to appear on the ballot
under IC 3-5-7.
(2) The address of each candidate.
(b) The certificate shall be filed with:
(1) the election division for:
(A) a committee acting under section 3, 4, 5, or 6(b) of this
chapter; or
(B) a committee acting under section 6(a) of this chapter to fill
a candidate vacancy in the office of judge of a circuit, superior,
probate, county, or small claims court or prosecuting attorney;
or
(2) the circuit court clerk, for a committee acting under section
6(a) of this chapter to fill a candidate vacancy for a local office
not described in subdivision (1).
(c) This subsection applies to a candidate vacancy resulting from a
vacancy on the primary election ballot as described in section 2 of this
chapter. The certificate required by subsection (a) shall be filed not
later than noon August 4, July 3 before election day.
(d) This subsection applies to all candidate vacancies not described
by subsection (c). The certificate required by subsection (a) shall be
filed not more than three (3) days (excluding Saturdays and Sundays)
after selection of the candidates.
SECTION 24. IC 3-13-1-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 20. (a) This section
applies to a political party subject to IC 3-8-4-10.
(b) A candidate vacancy that exists following the convention of the
party shall be filled by the state committee of the political party not
later than noon June 30 before election day. The chairman of the
state committee shall act in accordance with section 15 of this chapter
to certify the candidate selected to fill the vacancy.
(c) This subsection applies to a candidate vacancy resulting from a
vacancy on the general election ballot resulting from the failure of the
convention to nominate a candidate for an office. The certificate
required by subsection (b) shall be filed not later than noon August 4,
July 3 before election day.
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) contain, as nearly as is possible, equal population; and
(3) not cross precinct lines.
(e) A division under subsection (a), (b), or (c) shall be made:
(1) in 2001 and every ten (10) years after that; and
(2) when the county adopts an order declaring a county boundary
to be changed under IC 36-2-1-2.
(f) A division under subsection (a), (b), or (c) may be made in any
odd-numbered year not described in subsection (e).