HB 1101-1_ Filed 03/14/2002, 14:59
Adopted 3/14/2002
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1101
Citations Affected: IC 3-5; IC 3-6; IC 3-7; IC 3-8; IC 3-9; IC 3-11; IC 3-11.5; IC 3-11.7;
IC 3-12; IC 3-14;
IC 36-1-8.
Synopsis: Various election law changes. Proposed conference committee report for EHB 1101.
Makes the following changes to election law: (1) Requires the election commission to formulate
a statement of a "voter's bill of rights". (2) Permits certain voters whose registration is in question
to cast a provisional ballot. (3) Permits any voter to cast an absentee ballot in the office of the
circuit court clerk or satellite offices. (4) Permits military and overseas voters to submit absentee
ballots by fax under certain circumstances. (5) Expands the definition of absent uniformed
services voter to include a member of the Indiana national guard deployed outside Indiana. (6)
Makes other changes relating to casting absentee ballots. (7) Removes language that permits the
use of noncompliant voting systems under certain circumstances. (8) Provides for the use of
voting systems that furnish a practical and effective means for voters with disabilities to cast
ballots in private. (9) Requires that if a voting system is able to demonstrate to the voter whether
the voter's ballot has overvotes, that function of the voting equipment actually in use in a precinct
must be operable. (10) Permits a county election board to eliminate certain precinct election
offices and to allow individuals between 16 and 18 to serve as poll clerks and election sheriffs
under certain circumstances. (11) Establishes the time that electronic filing of certain campaign
finance reports is considered to have occurred. (12) Changes the total number of signatures that
a candidate for President of the United States, United States Senator, or governor is required to
obtain to qualify for placement on the ballot. (13) Requires an individual who registers to vote
to provide the last four digits of the individual's Social Security number under certain
circumstances. (14) Makes changes in the process for organizing and disbanding of political
committees. (15) Corrects an erroneous reference in a statute relating to absentee voting. (16)
Changes criteria for determination of the political affiliation of an appointee to a local board. (17)
Authorizes the election commission to adopt rules to update standards for voting systems. (18)
Allows precinct boundaries to cross a city boundary in certain circumstances. (19) Repeals
superceded statutes relating to: (A) registration of absent uniformed services voters and overseas
voters; and (B) the counting of absentee ballots at a central location. (This conference committee
report adds the provisions relating to furnishing sample ballots, use of noncompliant voting
systems, use of voting systems by voters with disabilities, and requirements relating to overvotes
alert functions of voting systems. This conference committee report removes the following
provisions: (1) Establishing a procedure for a member of a county election board to file a protest
with the state election commission when an election ballot does not comply with certain
requirements. (2) Requiring that nominees be listed on a general election ballot in type with
uniform capital letters and with uniform space between each name. (3) Authorizing a county
election board to establish the number of voters a precinct may contain that permits the precinct
to have its polls located at the same location as another precinct. (4) Authorizing the town of
Danville to adopt an ordinance changing the date of its municipal elections to coincide with a
general election. (5) Authorizing a county to appeal to the department of local government
finance for permission to exceed for up to three years the ad valorem property tax levy limits to
pay for a new voting system or the expansion or upgrade of an existing voting system. (6)
Requiring the attorney general to receive and investigate complaints concerning violations of
Indiana election laws. (7) Freezing precinct boundaries from before the federal decennial census
until after the adoption of redistricting plans. (8) Requiring that, after November 8, 2011, any
local governmental body or office required periodically to establish or revise its districts use the
precinct boundaries used in preparing the redistricting plans. (9) Changing certain deadlines for
taking certain actions relating to filling candidate vacancies. (10) Allowing the office of census
data, whenever a precinct boundary splits a census block, to move precinct boundaries to the next
whole census block for the purpose of tabulation before a federal decennial census. (11) The
repealer of a provision establishing a board of registration in each county having a population
of more than 125,000.)
Effective: July 1, 2002; January 1, 2003.
Text Box
Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1101 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Replace the effective dates in SECTIONS 6 through 7 with
"[EFFECTIVE JANUARY 1, 2003]".
Replace the effective date in SECTION 10 with "[EFFECTIVE
JANUARY 1, 2003]".
SOURCE: Page 5, line 20; (02)CC110105.5. -->
Page 5, delete lines 20 through 42.
Page 6, delete lines 1 through 10.
Page 7, line 2, after "FOLLOWS" insert "[EFFECTIVE JANUARY
1, 2003]".
Page 10, delete lines 24 through 42.
Delete page 11.
Page 12, delete lines 1 through 18.
Page 13, line 19, after "service" insert ",".
Page 13, line 22, delete ",".
Page 20, delete line 42.
Page 21, delete lines 1 through 26.
Page 22, delete lines 9 through 42.
Page 23, delete lines 1 through 29.
Page 23, line 31, after "FOLLOWS" delete "[JULY 1, 2002]".
Page 24, delete lines 5 through 42.
Page 25, delete lines 1 through 3.
Page 26, between lines 16 and 17, begin a new line double block
indented and insert:
" (C) Provisional ballots in the number considered necessary
by the county election board.".
Page 26, between lines 18 and 19, begin a new paragraph and insert:
SOURCE: IC 3-11-3-12; (02)CC110105.42. -->
"SECTION 42.
IC 3-11-3-12
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 12. (a) The local
ballots delivered to the inspector of each precinct under section 11 of
this chapter shall be placed in a strong and stout paper envelope or bag,
which shall then be tightly closed, fastened securely, and attested by
the initials of the circuit court clerk or the clerk's designee in the
presence of the inspector or the inspector's representative. The
inspector shall sign a receipt for the ballots. The ballot packages may
not be opened until:
(1) they have been delivered to the precinct election board to
which they are directed; and
(2) the precinct election board is fully organized and ready for the
reception of votes.
(b) The local provisional ballots delivered to the inspector of each
precinct under section 11 of this chapter shall be placed in a strong
and stout paper envelope or bag, separate from the bag described
in subsection (a), which shall then be tightly closed, fastened
securely, and attested by the initials of the circuit court clerk or the
clerk's designee in the presence of the inspector or the inspector's
representative. The inspector shall sign a receipt for the
provisional ballots. The provisional ballot packages may not be
opened until:
(1) they have been delivered to the precinct election board to
which they are directed; and
(2) the precinct election board is fully organized and ready to
receive votes.".
SOURCE: Page 28, line 1; (02)CC110105.28. -->
Page 28, line 1, delete "chapter" and insert " article".
Page 32, line 1, delete "an" and insert " a voter described in
subsection (g)".
Page 32, line 2, delete "absent uniformed services voter".
Page 34, line 10, delete "IC 3-6-5 or".
Page 35, delete lines 18 through 35, begin a new paragraph and
insert:
SOURCE: IC 3-11-7-17; (02)CC110105.57. -->
"SECTION 57.
IC 3-11-7-17
, AS AMENDED BY P.L.176-1999,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 17. (a) The election division (or a competent
person designated by the commission to act on behalf of the election
division) may periodically examine a ballot card voting system that the
commission has previously approved to determine if the system is still
in compliance with all statutory requirements.
(b) If the election division or competent person finds that a system
examined under subsection (a) fails to meet all requirements and
standards, and the commission concurs in these findings, the
commission may, by unanimous vote of all of the members of the
commission, rescind the commission's approval of the vendor.
(c) If the commission's approval is rescinded under subsection (b),
the commission may, by unanimous vote of all of the members of the
commission:
(1) recommend that use of the system be discontinued; and
(2) prohibit the system from being leased, marketed, or sold for use
in Indiana in an election conducted under this title.
(d) This subsection applies to a ballot card voting system approved
for its initial certification before:
(1) March 25, 1992; or
(2) a revision of
IC 3-11-15
enacted after July 1, 1997, that
imposes additional standards that did not apply to the voting
system at the time of the system's initial certification.
The commission may, by unanimous consent of its entire membership,
require the voting system to be tested by an independent authority
designated by the commission. The vendor shall pay any testing
expenses under this subsection.
(e) If the independent testing authority determines that a voting
system tested under subsection (d) does not comply with this article,
the commission may, by unanimous consent of its entire membership,
prohibit the system from being leased, marketed, or sold for use in
Indiana in an election conducted under this title.
(f) This subsection applies to a ballot card voting system that:
(1) the commission has recommended discontinuing under
subsection (c); or
(2) an independent testing authority has determined under
subsection (e) to be out of compliance with this article.
Notwithstanding the recommendation under subsection (c) or the
determination under subsection (e), a ballot card voting system may be
used in a county until the circuit court clerk or the county election
board of a county that uses the ballot card voting system files a request
with the election division for an investigation of the ballot card voting
system and the commission, by unanimous consent of its entire
membership, makes a finding under subsection (g).
(g) The commission finding described under subsection (f) must
satisfy both of the following:
(1) Be based on evidence of the ballot card voting system's use by
a county election board.
(2) Contain the following determinations:
(A) The use of the voting system has resulted in a clear pattern
of unreliable or erroneous casting or tabulation of ballots.
(B) The continued use of the voting system would undermine the
public confidence in the accuracy and integrity of Indiana's
electoral system.
SOURCE: IC 3-11-7.5-26; (02)CC110105.58. -->
SECTION 58.
IC 3-11-7.5-26
, AS AMENDED BY P.L.176-1999,
SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 26. (a) The election division (or a competent
person designated by the commission to act on behalf of the election
division) may periodically examine an electronic voting system that the
commission has previously approved to determine if that system is still
in compliance with all statutory requirements.
(b) If the election division or competent person finds that a system
examined under subsection (a) fails to meet all requirements and
standards, and the commission concurs in these findings, the
commission may, by unanimous vote of all of the members of the
commission, rescind the commission's approval of the vendor.
(c) If the commission's approval is rescinded under subsection (b),
the commission may by unanimous vote of all of the members of the
commission:
(1) recommend that use of the system be discontinued; and
(2) prohibit the system from being leased, marketed, or sold for use
in Indiana in an election conducted under this title.
(d) This subsection applies to an electronic voting system approved
for its initial certification before:
(1) March 25, 1992; or
(2) a revision of
IC 3-11-15
enacted after July 1, 1997, that
imposes additional standards that did not apply to the voting
system at the time of the system's initial certification.
The commission may, by unanimous consent of its entire membership,
require the voting system to be tested by an independent authority
designated by the commission. The vendor shall pay any testing
expenses under this subsection.
(e) If the independent testing authority determines that a voting
system tested under subsection (d) does not comply with this article,
the commission may, by unanimous consent of its entire membership,
prohibit the system from being leased, marketed, or sold for use in
Indiana in an election conducted under this title.
(f) This subsection applies to an electronic voting system that:
(1) the commission has recommended discontinuing under
subsection (c); or
(2) an independent testing authority has determined under
subsection (e) to be out of compliance with this article.
Notwithstanding the recommendation under subsection (c) or the
determination under subsection (e), an electronic voting system may be
used in a county until the circuit court clerk or the county election
board of a county that uses the electronic voting system files a request
with the election division for an investigation of the electronic voting
system and the commission, by unanimous consent of its entire
membership, makes a finding under subsection (g).
(g) The commission finding described under subsection (f) must
satisfy both of the following:
(1) Be based on evidence of the electronic voting system's use by
a county election board.
(2) Contain the following determinations:
(A) The use of the voting system has resulted in a clear pattern
of unreliable or erroneous casting or tabulation of ballots.
(B) The continued use of the voting system would undermine the
public confidence in the accuracy and integrity of Indiana's
electoral system.".
SOURCE: Page 41, line 29; (02)CC110105.41. -->
Page 41, line 29, delete "IC 3-6-5 or".
Page 44, between lines 28 and 29, begin a new paragraph and insert:
SOURCE: IC 3-11-15-13.5; (02)CC110105.75. -->
"SECTION 75.
IC 3-11-15-13.5
IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]:
Sec. 13.5. (a) This section does not
apply to the purchase, lease, or lease-purchase of additional or
replacement components of a voting system in use in a county
before January 1, 2005.
(b) The commission shall determine whether a voting system
provides a practical and effective means for voters with disabilities
to cast ballots in private.
(c) If the commission determines that any voting system meets
the criteria described in subsection (b), a county may not purchase,
lease, or lease-purchase any other voting system that does not meet
the criteria described in subsection (b).
SOURCE: IC 3-11-15-13.7; (02)CC110105.76. -->
SECTION 76.
IC 3-11-15-13.7
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2003]: Sec. 13.7. (a) If a voting system
has any of the following functions, the functions must be operable
in the voting system's equipment actually in use in a precinct:
(1) The voting system can demonstrate to the voter that the
voter has cast votes for too many candidates for an office.
(2) The voting system can demonstrate to the voter that the
voter has cast votes both in favor of and in opposition to a
public question.
(b) Except as provided in subsection (c), a voting system
described in subsection (a) must be able to inform the voter how
the voter may correct errors on the voter's ballot.
(c) A voting system is not required to provide the information
required by subsection (b) if the information is provided in writing
conspicuously on or near the components of the voting system
where the voter casts the voter's votes.".
SOURCE: Page 49, line 27; (02)CC110105.49. -->
Page 49, between lines 27 and 28, begin a new paragraph and insert:
"
Sec. 6. (a) All provisional ballots other than those described in
section 5 of this chapter shall be prepared and printed under the
direction of each county election board.
(b) After completing the estimate required by section 4 of this
chapter, the county election board shall immediately prepare the
ballots and have the ballots printed.
(c) Ballots prepared by the county election board under this
section must provide space for the voter to cast a write-in ballot.
(d) The provisional ballots that are prepared and printed under
this section shall be delivered to the circuit court clerk not later
than:
(1) forty-five (45) days before a general, primary, or municipal
election; or
(2) thirty-two (32) days before a special election.".
Page 49, line 28, delete "6" and insert "
7".
Page 49, line 31, delete "7" and insert "
8".
Page 49, line 34, delete "8" and insert "
9".
Page 53, between lines 22 and 23, begin a new paragraph and insert:
"
Sec. 6. The valid provisional ballots printed by the election
division shall be counted before counting the valid provisional
ballots printed by the county election board.".
Page 53, line 23, delete "6" and insert "
7".
Page 53, line 25, delete "7" and insert "
8".
Page 53, line 32, delete "8" and insert "
9".
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10".
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9".
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11".
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12".
Page 54, line 4, delete "12" and insert "
13".
Page 54, line 7, delete "13" and insert "
14".
Page 54, line 12, delete "7" and insert "
8".
Page 54, line 13, delete "14" and insert "
15".
Page 54, line 26, delete "15" and insert "
16".
Page 54, line 30, delete "16" and insert "
17".
Page 54, line 36, delete "17" and insert "
18".
Page 54, line 37, delete "15" and insert "
16".
Page 54, line 40, delete "18" and insert "
19".
Page 55, line 17, delete "19" and insert "
20".
Page 55, line 26, delete "20" and insert "
21".
Page 55, line 27, delete "19" and insert "
20".
Page 55, line 28, delete "21" and insert "
22".
Page 55, line 31, delete "22" and insert "
23".
Page 55, line 32, delete "21" and insert "
22".
Page 55, line 38, delete "23" and insert "
24".
Page 55, line 41, delete "24" and insert "
25".
Page 56, line 4, delete "25" and insert "
26".
Page 56, line 8, delete "26" and insert "
27".
Page 56, line 16, delete "27" and insert "
28".
Page 56, line 20, delete "28" and insert "
29".
Page 57, delete lines 17 through 42.
Delete page 58.
Page 59, delete lines 1 through 22.
Page 60, delete lines 3 through 25.
Page 61, delete lines 11 through 42.
Delete pages 62 through 73.
Page 74, delete lines 1 through 35.
Page 74, delete line 41.
Renumber all SECTIONS consecutively.
(Reference is to EHB 1101 as reprinted February 27, 2002.)
Conference Committee Report
on
Engrossed House
Bill 1101
Text Box
S
igned by:
____________________________ ____________________________
Representative Weinzapfel Senator Landske
Chairperson
____________________________ ____________________________
Representative Richardson Senator Breaux
House Conferees Senate Conferees