Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 3-5-2-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 1.5. "Absent
uniformed services voter" as provided in 42 U.S.C. 1973ff-6(1), means:
refers to any of the following:
(1) A member of a uniformed service on active duty who, by
reason of active duty, is absent from the place of residence where
the member is otherwise qualified to vote.
(2) A member of the merchant marine who, by reason of service
in the merchant marine, is absent from the place of residence
where the member is otherwise qualified to vote. and
(3) A member of the Indiana national guard deployed or on
assignment outside Indiana.
(4) A spouse or dependent of a member referred to in subdivision
(1), or (2), or (3) who, by reason of the active duty or service of
the member, is absent from the place of residence where the
spouse or dependent is otherwise qualified to vote.
SECTION 2. IC 3-5-2-23.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 23.7. "Fax" refers to transmission of
information by a facsimile (fax) machine.
SECTION 3. IC 3-5-2-24.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 24.5. "Filing" means
the following:
(1) For purposes of filing an electronic report under
IC 3-9-4-4 or IC 3-9-5-7, when the requirements of IC 3-9-4-4
or IC 3-9-5-7 have been met.
(2) For all other purposes, when all of the following have
occurred:
(1) (A) The presentation of a document to an individual
required to receive the document under this title.
(2) (B) The receipt of the document by the individual. and
(3) (C) The recording of the date and time the document was
received by the individual.
SECTION 4. IC 3-5-2-34.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 34.5. "Overseas
voter" as provided in 42 U.S.C. 1973ff-6(5), means: refers to any of
the following:
(1) An absent uniformed services voter who, by reason of active
duty or service, is absent from the United States on the date of the
election involved.
(2) A person who resides outside the United States and is
qualified to vote in the last place in which the person was
domiciled before leaving the United States. or
(3) A person who resides outside the United States and, but for
such residence, would be qualified to vote in the last place in
which the person was domiciled before leaving the United States.
SECTION 5. IC 3-5-2-40.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 40.6 "Provisional ballot" refers to a ballot
cast in accordance with the provisions of IC 3-11.7.
SECTION 6. IC 3-5-2-40.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 40.7 "Provisional voter" refers to an
individual who is entitled to cast a provisional ballot under
IC 3-11.7.
SECTION 7. IC 3-5-2-41.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 41.7. "Registration agency" refers to any
of the following:
(1) The bureau of motor vehicles.
(2) Any other agency at which individuals may register to vote
under IC 3-7.
SECTION 8. IC 3-5-2-48.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 48.5. "Testing
authority" means an independent test authority as described in:
(1) Appendix L of the Performance and Test Standards for
Punchcard, Marksense, and Direct Recording Electronic Voting
Systems issued by the Federal Election Commission in January
1990; or
(2) other more recent voting systems standards adopted by the
commission under IC 3-11-15-13.
SECTION 9. IC 3-5-2-50.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 50.4. "Voter's bill of rights" refers to the
statement prescribed by the commission under IC 3-5-8.
SECTION 10. IC 3-5-4-8, AS AMENDED BY P.L.38-1999,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 8. (a) Except as provided in subsection (e),
but notwithstanding any other statute, whenever the commission acts
under IC 3-6-4.1-14 to approve a uniform election or registration form
for use throughout Indiana or to approve a revision to an existing form,
a person must use the most recent version of the form approved by the
commission to comply with this title after the effective date of the
commission's order approving the form.
(b) Except as provided in subsection (d) or (f), before an order
approving a form takes effect under this section, the election division
shall transmit a copy of each form or revised form approved by the
order to the following:
(1) Each circuit court clerk, if the commission determines that the
form is primarily used by a candidate, a county election board
member, a county or town political party, or for absentee or
provisional ballot purposes.
(2) Each county voter registration office, if the commission
determines that the form is primarily used in voter registration.
(3) The state chairman of each major political party.
(4) The state chairman of any other political party who has filed
a written request with the election division during the preceding
twelve (12) months to be furnished with copies of forms.
(c) The election division, an election board, a circuit court clerk, a
county voter registration office, or any other official responsible for
receiving a filing under this title shall reject a filing that does not
comply with this section.
(d) The commission shall specify the effective date of the form or
revised form and may:
(1) delay the effective date of the approval of a form or revised
form; and
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 12. IC 3-6-6-2, AS AMENDED BY P.L.176-1999,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 2. (a) Except as provided in section 38 of
this chapter, each county election board shall appoint two (2) poll
clerks for each precinct in the county.
(b) Each county chairman of a major political party of the county is
entitled to nominate one (1) poll clerk under section 9 of this chapter.
(c) Except as provided in section 39 of this chapter, the poll
clerks must be voters of the county.
SECTION 13. IC 3-6-6-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2003]: Sec. 4. A county election board
shall adopt a written resolution at least twenty-one (21) not later than
twenty-eight (28) days before election day designating the precincts
for which assistant clerks are to be appointed. The county election
board shall file a copy of the resolution in the office of the circuit court
clerk and shall mail copies to the county chairmen of the major
political parties of the county.
SECTION 14. IC 3-6-6-5, AS AMENDED BY P.L.176-1999,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 5. (a) Except as provided in subsection (d),
section 38 of this chapter, each county election board shall appoint
two (2) election sheriffs for each precinct in the county.
(b) Each county chairman of a major political party of the county is
entitled to nominate one (1) election sheriff under section 9 of this
chapter.
(c) Except as provided in section 39 of this chapter, the sheriffs
must be voters of the county.
inspector. This subsection applies to an appointment to a precinct
election office made following a nomination by a county chairman
under this chapter. 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.
(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.
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.
SECTION 19. IC 3-6-6-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 13. (a) A county
election board shall fill a vacancy in a precinct election office before
the hour set for the opening of the polls, upon the nomination of the
appropriate county chairman.
(b) This subsection applies to a precinct election office when, at
noon, seven (7) fourteen (14) days before election day, the appropriate
county chairman has made no nomination for the office. The county
election board, by unanimous vote of the entire membership of the
board, may fill the office by appointing an individual who would be
eligible to serve in the office if nominated by the county chairman.
SECTION 20. IC 3-6-6-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 23. The oath
prescribed for a precinct election officer must be signed before a
person authorized to administer oaths and contain the following
information:
I do solemnly swear (or affirm) the following:
(1) I will support the Constitution of the United States and the
Constitution of the State of Indiana.
(2) I will faithfully and impartially discharge the duties of
inspector (or judge, poll clerk, assistant poll clerk, or sheriff) of
this precinct under the law.
(3) I will not knowingly permit any person to vote who is not
qualified and will not knowingly refuse the vote of any qualified
voter or cause any delay to any person offering to vote other than
is necessary to procure satisfactory information of the
qualification of that person as a voter.
(4) I am now a bona fide resident of the county in which the
precinct in which I am to act as a member of the election board is
situated and, if required by law, am a qualified voter of that
county.
(5) I will not disclose or communicate to any person how any
voter has voted at this election or how any ballot has been folded
or marked.
(6) I am able to read, write, and speak the English language.
(7) I have no property bet or wagered on the result of this election.
(8) I am not a candidate to be voted for at this election, except as
an unopposed candidate for a political party office.
(9) If I am serving as an inspector, I am not the chairman or
treasurer of the committee of a candidate whose name appears on
the ballot.
(10) I am not related to any person to be voted for at this election
as 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 that person, unless that person is an unopposed candidate.
SECTION 21. IC 3-6-6-38 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 38. (a) As used in this section, "omitted
precinct election officer" refers to a precinct election officer that
a precinct is not required to have by a resolution adopted under
this section.
(b) Notwithstanding other provisions of this title, a county
election board may adopt a resolution to provide that specified
precincts or all precincts of the county are not required to have any
or all of the following precinct election officers:
(1) Sheriff.
(2) Poll clerks.
(c) A resolution adopted under this section must be adopted by
unanimous vote of the entire membership of the board.
(d) A resolution adopted under this section must state the
following:
(1) The precincts to which the resolution applies.
(2) For each precinct identified in the resolution, which
precinct election officers are omitted precinct election
officers.
(3) For each precinct identified in the resolution, which
precinct election officers will perform the duties required by
this title of the omitted precinct election officers.
(e) Notwithstanding any other law, the precinct election officer
specified in a resolution adopted under this section shall perform
the duties of the omitted precinct election officers as stated in the
resolution.
(f) A resolution adopted under this section expires December 31
after the resolution is adopted.
SECTION 22. IC 3-6-6-39 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 39. The county election board may permit
an individual who is not a voter to be a poll clerk or an election
sheriff if the individual satisfies all the following:
(1) The individual is at least sixteen (16) years of age but not
more than seventeen (17) years of age.
(2) The individual is a citizen of the United States.
(3) The individual is a resident of the county.
(4) The individual has a cumulative grade point average
equivalent to not less than 3.0 on a 4.0 scale.
(5) The individual has the written approval of the principal of
the school the individual attends at the time of the
appointment.
(6) The individual has the approval of the individual's parent
or legal guardian.
(7) The individual has satisfactorily completed any training
required by the county election board.
(8) The individual otherwise is eligible to serve as a precinct
election officer under this chapter.
SECTION 23. IC 3-7-32-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 4. A voter may
not submit a registration application by electronic transmission except
for an absent uniformed services voter or overseas voter under
IC 3-11-4-4. as provided in IC 3-11-4.
SECTION 24. IC 3-7-36-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 2. A voter
described in section 1 of this chapter who wants to:
(1) is eligible for an vote by absentee ballot under IC 3-11-4; and
(2) wants to execute an affidavit or a form for voter registration;
is not required to sign the affidavit or form in the presence of a person
authorized to administer an oath, and the affidavit or form need not be
signed by such a person.
SECTION 25. IC 3-7-36-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 5. (a) This section
does not apply to a voter who files a combined absentee registration
form and absentee ballot request.
(b) When a circuit court clerk or board of registration receives an
application for absentee registration, the clerk or board shall promptly
mail or deliver to the applicant the affidavit prescribed by this chapter
title for the registration of an absentee voter by absentee process.
(c) When the properly executed and certified affidavit is returned to
the clerk or board, the applicant becomes a registered voter in the
precinct of residence.
SECTION 26. IC 3-7-36-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 11. A voter whose
registration has been canceled according (a) This section applies only
to a person described in subsection (b) who applies to register to
vote:
(1) after the date described in IC 3-7-13-11; and
(2) before the date that the certified list of voters is prepared
under IC 3-7-29-1.
(b) An absent uniformed services voter who is absent from
Indiana during the registration period described in IC 3-7-13-10
and who otherwise would be entitled to register to this article while
in the armed services of the United States vote under Indiana law
may, upon return returning to Indiana during the period described
in subsection (a) following discharge from service have registration
reinstated at any time or reassignment, register to vote by doing the
following:
(1) Showing either of the following to the circuit court clerk or
board of registration:
(A) An honorable A discharge from service, to the circuit
court clerk or board of registration except during the period
beginning on the date that the certified list of voters is
prepared under IC 3-7-29-1 and ending on election day. dated
not earlier than the beginning of the registration period
that ended on the date described in IC 3-7-13-11, of:
(i) the voter;
(ii) the voter's spouse; or
(iii) the individual of whom the voter is a dependent.
(B) A copy of the government movement orders, with a
reporting date not earlier than the beginning of the
registration period that ended on the date described in
IC 3-7-13-11, of:
(i) the voter;
(ii) the voter's spouse; or
(iii) the individual of whom the voter is a dependent.
(2) Completing a registration affidavit.
(c) A voter who registers under this section may vote at the
upcoming election as provided in this title.
SECTION 27. IC 3-7-36-14 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 14. (a) This section applies to a person
described in subsection (b) who applies to register to vote during
the period:
(1) beginning on the date that the certified list of voters is
prepared under IC 3-7-29-1; and
(2) ending at noon election day.
(b) An absent uniformed services voter who is absent from
Indiana during the registration period described in IC 3-7-13-10
and who otherwise would be entitled to register to vote under
Indiana law may, upon returning to Indiana during the period
described in subsection (a) following discharge from service or
reassignment, register to vote by doing the following:
(1) Showing either of the following to the circuit court clerk:
(A) A discharge from service, dated not earlier than the
beginning of the registration period that ended on the date
described in IC 3-7-13-11, of:
(i) the voter;
(ii) the voter's spouse; or
(iii) the individual of whom the voter is a dependent.
(B) A copy of the government movement orders, with a
reporting date not earlier than the beginning of the
registration period that ended on the date described in
IC 3-7-13-11, of:
(i) the voter;
(ii) the voter's spouse; or
(iii) the individual of whom the voter is a dependent.
(2) Completing a registration affidavit.
(c) A voter who registers under this section may vote at the
upcoming election only by absentee ballot at the office of the circuit
court clerk at the time the voter registers under this section or at
any time after the voter registers under this section and before
noon on election day. A voter who wants to vote under this
subsection must do both of the following:
(1) Complete an application for an absentee ballot.
(2) Sign an affidavit that the voter has not voted at any other
precinct in the election.
The voter may vote at subsequent elections as otherwise provided
in this title.
(d) If the voter votes by absentee ballot under this section, the
circuit court clerk shall do the following:
(1) Certify in writing that the voter registered under this
section.
(2) Attach the certification to the voter's absentee ballot
envelope.
(e) If the county has a board of registration, the circuit court
clerk shall promptly mail or deliver the voter's registration
affidavit to the board of registration.
(f) If the voter chooses not to vote under subsection (c), the clerk
or board shall register the voter on the first day of the next
registration period.
SECTION 28. IC 3-7-48-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: 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 registration provides a signed certificate
of error in the 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.
SECTION 29. IC 3-8-2-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 8. (a) A declaration of candidacy
for the office of United States Senator or for the office of governor
must be accompanied by a petition signed by at least five four
thousand (5,000) five hundred (4,500) voters of the state, including at
least five hundred (500) voters from each congressional district.
(b) Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence mailing address of each petitioner.
(c) This subsection applies to a petition filed during the period:
(1) beginning on the date that a congressional district plan has
been adopted under IC 3-3; and
(2) ending on the date that the part of the act or order issued under
IC 3-3-2 establishing the previous congressional district plan is
repealed or superseded.
The petition must be signed by at least five four thousand (5,000) five
hundred (4,500) voters of Indiana, including at least five hundred
(500) voters from each congressional district created by the most recent
congressional district plan adopted under IC 3-3.
SECTION 30. IC 3-8-3-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 2. (a) A request filed under section
1 of this chapter must be accompanied by a petition signed by at least
five four thousand (5,000) five hundred (4,500) voters of the state,
including at least five hundred (500) voters from each congressional
district.
(b) Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence mailing address of each petitioner.
(c) This subsection applies to a petition filed during the period:
(1) beginning on the date that a congressional district plan has
been adopted under IC 3-3; and
(2) ending on the date that the part of the act or order issued under
IC 3-3-2 establishing the previous congressional district plan is
repealed or superseded.
The petition must be signed by at least five four thousand (5,000) five
hundred (4,500) voters of Indiana, including at least five hundred
(500) voters from each congressional district created by the most recent
congressional district plan adopted under IC 3-3.
SECTION 31. IC 3-7-13-13, AS ADDED BY P.L.199-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 13. (a) Except as provided in subsection (b), when
an individual registers to vote, the individual must provide the
individual's driver's license number issued under IC 9-24-11 or the
individual's identification card number issued under IC 9-24-16.
(b) If an individual does not have a driver's license issued under
IC 9-24-11 or an identification card issued under IC 9-24-16, the
individual may must provide the last four (4) digits of the individual's
Social Security number when the individual registers to vote.
(c) The number provided by the individual under subsection (a) or
(b) is the individual's voter identification number.
(d) A voter's voter identification number may not be changed unless
the voter made an error when providing the number when registering
to vote.
(e) If a voter transfers the voter's registration and the voter's voter
identification number is not included in the voter's registration records,
the voter registration officer of the county in which the voter's
registration is to be transferred shall require the voter to provide the
number required by subsection (a) or (b) before the voter's registration
is transferred.
SECTION 32. IC 3-9-1-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 3. Each committee must file a
statement of organization no not later than noon ten (10) days after its
organization or after it becomes a committee.
SECTION 33. IC 3-9-1-12, AS AMENDED BY P.L.176-1999,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 12. (a) A committee may disband at any time in
the manner prescribed by this section.
(b) The commission or a county election board may administratively
disband a committee in the manner prescribed by this section.
(c) The commission has exclusive jurisdiction to disband any of the
following:
(1) A candidate's committee for state office.
(2) A candidate's committee for legislative office.
(3) A legislative caucus committee.
(4) A political action committee that has filed a statement or
report with the election division.
(5) A regular party committee that has filed a statement or report
with the election division.
(d) A county election board has exclusive jurisdiction to disband
any of the following:
(1) A candidate's committee for a local office.
(2) A candidate's committee for a school board office.
(3) A political action committee that has filed a statement or
report with the election board, unless the political action
committee has also filed a report with the election division.
(4) A regular party committee that has filed a statement or report
with the election board, unless the regular party committee has
also filed a report with the election division.
(e) The commission or a county election board may administratively
disband a committee in the following manner:
(1) Not later than the last Friday of January of each year, the
election division or county election board shall review the list of
committees that have filed statements of organization with the
division or board under this article.
(2) If the election division or county election board determines
that a committee: both of the following, the election division or
county election board may begin a proceeding before the
commission or board to administratively disband the
committee:
surplus of contributions less expenditures to any one (1) or a
combination of the following:
(A) One (1) or more regular party committees.
(B) One (1) or more candidate's committees.
(C) The election division.
(D) An organization exempt from federal income taxation
under Section 501 of the Internal Revenue Code.
(E) Contributors to the committee, on a pro rata basis.
(2) Use the surplus in any other manner permitted under
IC 3-9-3-4.
(g) Except as provided in subsection (e) concerning the waiver of
civil penalties, a dissolution or transfer of funds does not relieve the
committee or the committee's members from civil or criminal liability.
SECTION 34. IC 3-9-4-4, AS AMENDED BY P.L.176-1999,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 4. (a) The election division shall develop a filing
and coding system consistent with the purposes of this article. The
election division and each county election board shall use the filing and
coding system. The coding system must provide:
(1) not more than ten (10) codes to account for various campaign
expenditure items; and
(2) a clear explanation of the kinds of expenditure items that must
be accounted for under each code.
(b) The election division shall develop and use a computer system
to store campaign finance reports required to be filed under IC 3-9-5-6,
IC 3-9-5-10, and IC 3-9-5-20.1. The computer system must enable the
election division to do the following:
(1) Identify all candidates or committees that received
contributions from a contributor over the past three (3) years.
(2) Identify all contributors to a candidate or committee over the
past three (3) years.
(3) Provide for electronic submission, retrieval, storage, and
disclosure of campaign finance reports of candidates for the
following:
(A) Legislative office.
(B) State office.
The election division shall provide training at no cost to
candidates to enable candidates described in this subdivision to
file campaign finance reports electronically.
(c) This subsection applies to an electronic submission under
subsection (b)(3). An electronic submission must be in a format
previously approved by the commission that permits the election
division to print out a hard copy of the report upon after the receipt of
the electronic submission from the candidate. Filing of a report occurs
under IC 3-5-2-24.5 when on the date and at the time electronically
recorded by the hard copy is printed out and the election division
records the date and time of the printout on the hard copy. division's
computer system. If a discrepancy exists between the text of the
electronic submission and the printed report, the text of the printed
report prevails until an amendment is filed under this article to correct
the discrepancy.
(d) The election division is not required to accept an electronic
submission unless the submission complies with subsection (b)(3).
Upon receiving approval from the commission, the election division
may accept an electronic submission from candidates, committees, or
persons described in subsection (b)(3).
(e) The election division shall make campaign finance reports stored
on the computer system under subsection (b) available to the general
public through an on-line service.
SECTION 35. IC 3-9-5-7, AS AMENDED BY P.L.176-1999,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 7. (a) A person may deliver reports to the
appropriate office as follows:
(1) By hand.
(2) By mail.
(3) By electronic mail, if the appropriate office has the capacity
to do all of the following:
(A) Receive electronic mail. and
(B) Electronically record the date and time that electronic
mail is received by the office.
(C) Print out a hard copy of the report immediately upon after
the receipt of the electronic mail by the office.
(b) Reports must be filed as follows:
(1) Hand delivered reports or reports transmitted by mail must be
filed with the appropriate office during regular office hours not
later than noon seven (7) days after the date of the report.
(2) Reports delivered by electronic mail must be filed with the
appropriate office not later than noon seven (7) days after the date
of the report.
(c) This subsection applies to a report delivered by electronic mail.
Filing of a report occurs under IC 3-5-2-24.5 when the hard copy is
printed out and the office records the date and time of the printout on
the report. on the date and at the time electronically recorded by the
office's computer system. If a discrepancy exists between the text of
the electronic mail and the printed report, the text of the printed report
prevails until an amendment is filed under this article to correct the
discrepancy.
(d) An office is not required to accept a report or statement required
under this article by facsimile transmission. Upon approval of a policy
by the commission or a county election board to receive reports or
statements by facsimile transmission, the election division or the
county election board may accept the facsimile transmission of a report
or statement.
SECTION 36. IC 3-11-1.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4. A county executive
shall establish precincts so that each boundary of each precinct does
not cross the boundary of:
(1) the state;
(2) a county;
(3) a township;
(4) a city;
(5) (4) a district of the House of Representatives of the Congress
of the United States;
(6) (5) a district of the senate of the general assembly; or
(7) (6) a district of the house of representatives of the general
assembly.
SECTION 37. IC 3-11-1.5-5, AS AMENDED BY P.L.212-2001,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 5. A county executive shall establish precincts so
that each boundary of each precinct follows:
(1) a boundary described in section 4 of this chapter;
(2) a boundary of a city or town;
(3) a boundary of a town legislative body district;
(4) a boundary of a census block established by the Bureau of the
Census and depicted in the GIS; or
(5) a boundary of a school corporation that does not follow a
census block line.
SECTION 38. IC 3-11-1.5-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 31. (a) After the
co-directors have reviewed the proposed precinct establishment order,
and the order has been revised, if necessary, to comply with this
chapter, the commission shall:
(1) approve a proposed precinct establishment order under this
section no later than the following January 31; and
(2) order that the precinct establishment order takes effect January
31 of the year in which the municipal election will be held.
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.
SECTION 43. IC 3-11-3-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 30. The circuit
court clerk, if time permits before the ballots are delivered to the
precincts, the poll clerks, or members of the absentee voter board, shall
put one (1) of the pasters required by sections 29 and 29.5 of this
chapter in the proper place on each ballot label bearing the name of the
former candidate and on each paper ballot, provisional ballot, or ballot
card to be voted in the precinct before they sign their initials on the
ballot. The circuit court clerk shall put one (1) of the pasters on each
ballot to be voted by an absentee voter before the clerk signs the ballot.
SECTION 44. IC 3-11-3-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 31. (a) Each
county election board shall preserve the unused ballots that are left
over after supplying the precincts, as prescribed by section 11 of this
chapter. The ballots shall be preserved until expiration of the time for
filing a contest or recount petition under IC 3-12.
(b) The board shall then destroy all of the ballots, except for one (1)
regular ballot and one (1) provisional ballot.
SECTION 45. IC 3-11-3-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 32. (a) The
county election board shall securely paste the one (1) regular ballot
that was preserved under section 31 of this chapter in the election
record immediately before the place where the vote is to be recorded.
provisional ballot placed under subsection (b). The board shall also
enter below the ballot the number of ballots:
(1) printed by the board;
(2) delivered to each messenger; and
(3) destroyed by the board.
(b) The county election board shall securely paste the one (1)
provisional ballot that was preserved under section 31 of this
chapter in the election record immediately after the regular ballot
placed in the record under subsection (a) and immediately before
the place where the vote is to be recorded. The board shall also
enter below the provisional ballot the number of provisional
ballots:
(1) printed by the board;
(2) delivered to each messenger; and
(3) destroyed by the board.
SECTION 46. IC 3-11-4-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 0.5. For purposes of this chapter, an
absentee ballot application or an absentee ballot is considered
"sent" to a voter if the application or ballot is:
(1) sent by United States mail addressed to the voter;
(2) transmitted by fax to a number provided by the voter; or
(3) personally given to the voter.
SECTION 47. IC 3-11-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 1. (a) A voter who
is otherwise qualified to vote in person including a person eligible to
vote under IC 3-10-11 or IC 3-10-12, but who expects to be:
(1) absent from the county on election day;
(2) absent from the precinct of the voter's residence on election
day because of service as a precinct election officer under
IC 3-6-5, IC 3-6-6, or IC 3-6-8, as a watcher under IC 3-6-8,
IC 3-6-9, or IC 3-6-10, as a challenger or pollbook holder under
IC 3-6-7, or as a person employed by an election board to
administer the election for which the absentee ballot is requested;
(3) confined on election day to the voter's residence, to a health
care facility, or to a hospital because of an illness or injury;
(4) a voter with disabilities;
(5) an elderly voter;
(6) prevented from voting due to the voter's care of an individual
confined to a private residence because of illness or injury; or
(7) scheduled to work at the person's regular place of employment
during the entire twelve (12) hours that the polls are open;
is eligible entitled to vote by absentee ballot. Except as otherwise
provided in this article, a voter voting by absentee ballot must vote
in the office of the circuit court clerk or at a satellite office
established under IC 3-11-10-26.3.
(b) A county election board, by unanimous vote of its entire
membership, may authorize a person who is otherwise qualified to vote
in person including a person eligible to vote under IC 3-10-11 or
IC 3-10-12, to vote by absentee ballot if the board determines that the
person has been hospitalized or suffered an injury following the final
date and hour for applying for an absentee ballot that would prevent the
person from voting in person at the polls.
(c) The commission, by unanimous vote of its entire membership,
may authorize a person who is otherwise qualified to vote in person
including a person eligible to vote under IC 3-10-11 or IC 3-10-12, to
vote by absentee ballot if the commission determines that an
emergency prevents the person from voting in person at a polling place.
(d) The absentee ballots used in subsection (b) or (c) must be the
same official absentee ballots as described in section 12 and 13 of this
chapter. Taking into consideration the amount of time remaining before
the election, the commission shall determine whether the absentee
ballots are transmitted to and from the voter by mail or personally
delivered. An absentee ballot that is personally delivered shall comply
with the requirements in sections 19, 20, and 21 of this chapter.
SECTION 48. IC 3-11-4-2, AS AMENDED BY P.L.38-1999,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 2. (a) A voter who is eligible wants to vote
by absentee ballot must apply to the county election board for an
official absentee ballot.
(b) If an individual applies for an absentee ballot as the properly
authorized attorney in fact for a voter, the attorney in fact must attach
a copy of the power of attorney to the application.
SECTION 49. IC 3-11-4-3, AS AMENDED BY P.L.176-1999,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 3. (a) Except as provided in subsection (b)
and sections 6 and 8 of this chapter, an application for an absentee
ballot must be received by the circuit court clerk (or, in a county
subject to IC 3-6-5.2, the director of the board of elections and
registration) not earlier than ninety (90) days before election day nor
later than the following:
(1) Noon on election day if the voter registers to vote under
IC 3-7-36-14.
(2) Noon on the day before election day if the voter completes the
application in the office of the circuit court clerk.
(2) (3) Noon on the day before election day if:
(A) the application is a mailed or hand delivered application
from a confined voter or voter caring for a confined person;
and
(B) the applicant requests that the absentee ballots be
delivered to the applicant by an absentee voter board.
(3) (4) Midnight on the eighth day before election day if the
application:
(A) is a mailed application; or
(FAX) machine. only if the county election board owns or has access
to a FAX machine. However, by fax. A county election board shall
accept an application for an absentee ballot transmitted by fax machine
even though the application is delivered to the county election board by
a person other than the person submitting the application.
SECTION 51. IC 3-11-4-6, AS AMENDED BY P.L.273-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 6. (a) This section applies, notwithstanding
any other provision of this title, to absentee ballot applications for the
following:
(1) An absent uniformed services voter. (as defined in 42 U.S.C.
1973ff-6(1)). and
(2) An address confidentiality program participant (as defined in
IC 5-26.5-1-6).
(3) An overseas voter.
(b) A county election board shall make blank absentee ballot
applications available for persons covered by this section after
November 20 preceding the election to which the application applies.
Except as provided in subsection (c), the person may apply for an
absentee ballot at any time after the applications are made available.
(c) A person covered by this section may apply for an absentee
ballot for the next scheduled primary, general, or special election at any
time by filing a standard form approved under 42 U.S.C. 1973ff(b).
(d) If the county election board receives an absentee ballot
application from a person described by this section, the circuit court
clerk shall mail to the person, free of postage as provided by 39 U.S.C.
3406, all ballots for the election immediately upon receipt of the ballots
under sections 13 and 15 of this chapter.
(e) Whenever an absent uniformed services voter or an address
confidentiality program participant (as defined in IC 5-26.5-1-6) a
voter described in subsection (a) files an application for a primary
election absentee ballot and indicates on the application that:
(1) the voter is an absent uniformed services voter and does not
expect to be in the county on general election day and on the date
of any special election conducted during the twelve (12) months
following the date of the application; or
(2) the voter is an address confidentiality program participant; or
(3) the voter is an overseas voter and does not expect to be in
the county on general election day and on the date of any
special election conducted during the twelve (12) months
following the date of the application;
the application is an adequate application for a general election
absentee ballot under this chapter and an absentee ballot for a special
election conducted during the twelve (12) months following the date of
the application. The circuit court clerk and county election board shall
process this application and mail send general election and special
election absentee ballots to the voter in the same manner as other
general election and special election absentee ballot applications and
ballots are processed and mailed sent under this chapter.
(f) The name, address, telephone number, and any other identifying
information relating to a program participant (as defined in
IC 5-26.5-1-6) in the address confidentiality program, as contained in
a voting registration record, is declared confidential for purposes of
IC 5-14-3-4(a)(1). The county voter registration office may not disclose
for public inspection or copying a name, an address, a telephone
number, or any other information described in this subsection, as
contained in a voting registration record, except as follows:
(1) To a law enforcement agency, upon request.
(2) As directed by a court order.
(g) This subsection applies to a county election board that owns or
has access to a facsimile (FAX) machine. The county election board
may shall transmit and receive absentee ballots by fax machine to
voters covered under the Uniformed and Overseas Absentee Voting
Act (42 U.S.C. 1973ff) under the following circumstances:
(1) If an emergency is declared by the President of the United
States, the Congress of the United States, or the presidential
designee under the Uniformed and Overseas Absentee Voting Act
(42 U.S.C. 1973ff).
(2) If otherwise mandated to do so under federal law.
an absent uniformed services voter or an overseas voter at the
request of the voter. If the voter wants to submit absentee ballots
by fax, the voter must separately sign and date a statement on the
cover of the fax transmission that states substantively the
following: "I understand that by faxing my voted ballot I am
voluntarily waiving my right to a secret ballot.".
(h) The county election board shall send confirmation to a voter
described in subsection (g) that the voter's absentee ballot has been
received as follows:
(1) If the voter provides a fax number to which a confirmation
may be sent, the county election board shall send the
confirmation to the voter at the fax number provided by the
voter.
(2) If the voter provides an electronic mail address to which
a confirmation may be sent, the county election board shall
send the confirmation to the voter at the electronic mail
address provided by the voter.
(3) If the voter does not provide a fax number or an electronic
mail address, the county election board shall send the
confirmation by United States mail.
The county election board shall send the confirmation required by
this subsection not later than the end of the first business day after
the county election board receives the voter's absentee ballot.
SECTION 52. IC 3-11-4-7, AS AMENDED BY P.L.273-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 7. (a) An absentee ballot application under
section 6 of this chapter must
(1) be made on a standard form approved under 42 U.S.C.
1973ff(b) or on the form prescribed by the commission under
section 5.1 of this chapter. and
(2) show that the: (b) An absentee ballot application under
section 6 of this chapter from an:
(A) (1) absent uniformed services voter; (as defined in 42 U.S.C.
1973ff-6(1)); or
(B) (2) address confidentiality program participant (as defined in
IC 5-26.5-1-6);
must show that the voter or program participant is a resident
otherwise qualified to vote in the precinct.
(c) An absentee ballot application under section 6 of this chapter
from an overseas voter must show that the overseas voter was a
resident and otherwise qualified to vote in the precinct where the
voter resided before leaving the United States.
SECTION 53. IC 3-11-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 8. (a) Except as
provided in subsection (b), an overseas voter may apply for an absentee
ballot from this state and vote by absentee ballot in an election in this
state for which the voter is qualified and in which absentee ballots are
used.
(b) An overseas voter who resides outside the United States and
who is no longer a resident of a precinct in Indiana is only entitled to
receive absentee ballots for a federal office under this chapter.
(c) A county election board shall make blank absentee ballot
applications available for persons covered by this section after
November 20 preceding the election to which the application applies.
Except as provided in subsection (d), the person may apply for an
absentee ballot at any time after the applications are made available.
(d) A person covered by this section may apply for an absentee
ballot for the next scheduled primary, general, or special election at any
time by filing a standard form approved under 42 U.S.C. 1973ff(b).
(e) If the county election board receives an absentee ballot
application from a person described by this section, the circuit court
clerk shall mail to the person, free of postage to the extent as provided
by 39 U.S.C. 3406, all ballots for the election immediately upon receipt
of the ballots under sections 13 and 15 of this chapter.
(f) Whenever an overseas voter files an application for a primary
election absentee ballot under this section and indicates on the
application that the voter does not expect to be in the county on general
election day and on the date of any special election conducted during
the twelve (12) months following the date of the application, the
application is an adequate application for a general election absentee
ballot under this chapter and an absentee ballot for a special election
conducted during the twelve (12) months following the date of the
application. The circuit court clerk and county election board shall
process this application and mail general election and special election
absentee ballots to the voter in the same manner as other general
election and special election absentee ballot applications and ballots
are processed and mailed under this chapter.
SECTION 54. IC 3-11-4-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 17. Upon receipt
of an application for an absentee ballot, a circuit court clerk shall file
the application in the clerk's office and record all of the following:
(1) The voter's name.
(2) The date the application is received.
(3) The date the ballot is mailed or delivered sent to the voter.
(4) If mailed, the address to which the ballot is sent.
(5) If transmitted by fax, the fax number to which the ballot
is faxed.
(6) The date the ballot is marked before the clerk or otherwise
received from the voter. and
(6) (7) Any other information that is necessary or advisable.
SECTION 55. IC 3-11-4-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 18. (a) If a voter
is entitled to vote an absentee ballot, satisfies any of the following, the
county election board shall, at the request of the voter, mail the official
ballot, postage fully prepaid, to the voter at the address stated in the
application:
(1) The voter will be absent from the county on election day.
(2) The voter will be absent from the precinct of the voter's
residence on election day because of service as:
(A) a precinct election officer under IC 3-6-6;
(B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
(C) a challenger or pollbook holder under IC 3-6-7; or
(D) a person employed by an election board to administer
the election for which the absentee ballot is requested.
(3) The voter will be confined on election day to the voter's
residence, to a health care facility, or to a hospital because of
an illness or injury.
(4) The voter is a voter with disabilities.
(5) The voter is an elderly voter.
(6) The voter is prevented from voting due to the voter's care
of an individual confined to a private residence because of
illness or injury.
(7) The voter is scheduled to work at the person's regular
place of employment during the entire twelve (12) hours that
the polls are open.
(8) The voter is eligible to vote under IC 3-10-11 or
IC 3-10-12.
(b) The ballot shall be mailed:
(1) on the day of the receipt of the voter's application; or
(2) not more than five (5) days after the date of delivery of the
ballots under section 15 of this chapter;
whichever is later.
(c) In addition to the ballot mailed under subsection (b), the county
election board shall mail a special absentee ballot for
(1) absent uniformed services voters; and
(2) overseas voters.
who will be outside of the United States on general election day.
(d) The ballot described in subsection (c):
(1) must be mailed:
(A) on the day of the receipt of the voter's application; or
(B) not more than five (5) days after the date of delivery of the
ballots under section 13(b) of this chapter;
whichever is later; and
(2) may not be mailed after the absentee ballots described by
section 13(a) of this chapter have been delivered to the circuit
court clerk or the clerk's authorized deputy.
SECTION 56. IC 3-11-4-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 22. Each circuit
court clerk shall do both of the following:
(1) Keep a separate absentee ballot record for each precinct in the
county. and
official of the county in accordance with IC 3-7-48 showing
that the voter is registered in the precinct where the voter
resides and offers to vote.
(B) Produces an affidavit executed under IC 3-10-10 or
IC 3-10-11 if the voter executed an affidavit under those
provisions.
(C) Makes an oral or a written affirmation under IC 3-10-12.
(b) After December 31, 2003, a voter challenged under section
20 of this chapter:
(1) whose name does not appear on the registration list; and
(2) who is not permitted to cast a vote under IC 3-7-48-1,
IC 3-7-48-5, IC 3-7-48-7, IC 3-10-10, IC 3-10-11-2, or
IC 3-10-12;
is entitled to cast a provisional ballot under IC 3-11.7 if the voter
makes an affidavit in writing that the voter is a legal voter of the
precinct.
SECTION 60. IC 3-11-8-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 23. The affidavit
of a challenged voter required by section 22 of this chapter must be
sworn and affirmed and must contain the following:
(1) A statement that the voter is a citizen of the United States.
(2) The voter's date of birth to the best of the voter's information
and belief.
(3) A statement that the voter has been a resident of the precinct
for thirty (30) days immediately before this election or is qualified
to vote in the precinct under IC 3-10-10, IC 3-10-11, or
IC 3-10-12.
(4) The voter's name and a statement that the voter is generally
known by that name.
(5) A statement that the voter has not voted and will not vote in
any other precinct in this election.
(6) The voter's occupation.
(7) The voter's current residential address, including the street or
number and if applicable, the voter's residential address thirty
(30) days before the election, and the date the voter moved.
(8) A statement that the voter understands that making a false
statement on the affidavit is punishable under the penalties of
perjury.
(9) After December 31, 2003, if the individual's name does not
appear on the registration list and the individual is not
entitled to vote under IC 3-7-48-1, IC 3-7-48-5, IC 3-7-48-7,
IC 3-10-10, IC 3-10-11-2, or IC 3-10-12, a statement that the
individual registered to vote and where the individual believes
the individual registered to vote.
SECTION 61. IC 3-11-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 1. (a) A voter
voting by absentee ballot shall make and subscribe to the affidavit
prescribed by IC 3-11-4-21. The voter then shall, except as provided
in subsection (b), do the following:
(1) Mark the ballot in the presence of no other person.
(2) Fold each ballot separately.
(3) Fold each ballot so as to conceal the marking.
(4) Enclose each ballot, with the seal and signature of the circuit
court clerk on the outside, together with any unused ballot, in the
envelope provided.
(5) Securely seal the envelope. and
(6) Do one (1) of the following:
(A) Mail the envelope to the county election board, with not
more than one (1) ballot per envelope.
(B) Deliver the envelope to the county election board in
person.
(C) Deliver the envelope to a member of the voter's household
or a person designated as the attorney in fact for the voter
under IC 30-5.
(b) A voter permitted to transmit the voter's absentee ballots by
fax under IC 3-11-4-6 is not required to comply with subsection (a).
The individual designated by the circuit court clerk to receive
absentee ballots transmitted by fax shall do the following upon
receipt of an absentee ballot transmitted by fax:
(1) Note the receipt of the absentee ballot in the records of the
circuit court clerk as other absentee ballots received by the
circuit court clerk are noted.
(2) Fold each ballot received from the voter separately so as
to conceal the marking.
(3) Enclose each ballot in a blank absentee ballot envelope.
(4) Securely seal the envelope.
(5) Mark on the envelope: "Absentee Ballot Received by Fax".
(6) Securely attach to the envelope the faxed affidavit received
with the voter's absentee ballots.
(c) Except as otherwise provided in this title, absentee ballots
received by fax shall be handled and processed as other absentee
ballots received by the circuit court clerk are handled and
processed.
SECTION 62. IC 3-11-10-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 4. (a) Upon
receipt of an absentee ballot, a county election board (or the absentee
voter board in the office of the circuit court clerk) shall immediately
examine the signature of the absentee voter to determine its
genuineness.
(b) This subsection does not apply to an absentee ballot cast by
a voter permitted to transmit the voter's absentee ballots by fax
under IC 3-11-4-6. The board shall compare the signature as it appears
upon the envelope containing the absentee ballot with the signature of
the voter as it appears upon the application for the absentee ballot. The
board may also compare the signature on the ballot envelope with any
other admittedly genuine signature of the voter.
(c) This subsection applies to an absentee ballot cast by a voter
permitted to transmit the voter's absentee ballots by fax under
IC 3-11-4-6. The board shall compare the signature as it appears
on the affidavit transmitted with the voter's absentee ballot to the
voter's signature as it appears on the application for the absentee
ballot. The board may also compare the signature on the affidavit
with any other admittedly genuine signature of the voter.
(b) (d) If a member of the absentee voter board questions whether
a signature on a ballot envelope or transmitted affidavit is genuine,
the matter shall be referred to the county election board for
consideration under section 5 of this chapter.
SECTION 63. IC 3-11-10-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 5. If a county
election board unanimously finds that the signature on a ballot
envelope or transmitted affidavit is not genuine, the board shall write
upon the ballot envelope or transmitted affidavit the words "The
county election board has questioned the genuineness of the signature
of this voter.". These ballots shall be delivered to the polls on election
day under section 12 of this chapter with instructions to verify the
voter's signature under section 15 of this chapter.
SECTION 64. IC 3-11-10-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 6. If a county
election board is unable to unanimously determine whether the
signature on a ballot envelope is genuine, the board shall write upon
the ballot envelope or transmitted affidavit the words "Signature
Disputed". The board then shall deliver all disputed ballot envelopes ,
together with any evidence of a documentary nature presented before
the board, to the proper precinct at the same time that undisputed
ballots are delivered.
SECTION 65. IC 3-11-10-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 8. If a county
election board (or the absentee voter board in the office of the circuit
court clerk) unanimously finds that the signature on a ballot envelope
or transmitted affidavit is genuine, the board shall enclose
immediately the accepted and unopened ballot envelope together with
the voter's application for the absentee ballot in a large or carrier
envelope. The envelope shall be securely sealed and endorsed with the
name and official title of the circuit court clerk and the following
words: "This envelope contains an absentee ballot and must be opened
only at the polls on election day while the polls are open.".
SECTION 66. IC 3-11-10-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 14. Subject to
section 11 of this chapter, absentee ballots received by mail or fax after
the county election board has started the final delivery of the ballots to
the precincts on election day are considered as arriving too late and
need not be delivered to the polls.
SECTION 67. IC 3-11-10-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 15. At any time
between the opening and closing of the polls on election day, the
inspector, in the presence of the precinct election board, shall do all of
the following:
(1) Open the outer or carrier envelope containing an absentee
ballot envelope and application.
(2) Announce the absentee voter's name. and
(3) Compare the signature upon the application with the signature
upon the affidavit on the ballot envelope or transmitted affidavit
attached to the ballot envelope.
SECTION 68. IC 3-11-10-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 16. (a) If the
inspector finds under section 15 of this chapter that:
(1) the affidavit is properly executed;
(2) the signatures correspond;
(3) the absentee voter is a qualified voter of the precinct;
(4) the absentee voter is registered;
(5) the absentee voter has not voted in person at the election; and
(6) in case of a primary election, if the absentee voter has not
previously voted, the absentee voter has executed the proper
declaration relative to age and qualifications and the political
party with which the absentee voter intends to affiliate;
then the inspector shall open the envelope containing the absentee
ballots so as not to deface or destroy the affidavit and take out each
ballot enclosed without unfolding or permitting a ballot to be unfolded
or examined.
(b) The inspector shall then hand the ballots to the judges who shall
deposit the ballots in the proper ballot box and enter the absentee
voter's name on the poll list, as if the absentee voter had been present
and voted in person. If the voter has registered and voted under
IC 3-7-36-14, the inspector shall attach to the poll list the circuit
court clerk's certification that the voter has registered.
(c) If an absentee ballot is opened under this section in a precinct
using voting machines, the precinct election board shall prepare
certificates and memoranda under IC 3-12-2-6 that distinguish the
votes cast by absentee ballots from votes cast on voting machines.
SECTION 69. IC 3-11-10-17, AS AMENDED BY P.L.38-1999,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 17. (a) If the inspector finds under section
15 of this chapter that any of the following applies, a ballot may not
be accepted or counted:
(1) The affidavit is insufficient or the ballot has not been endorsed
with the initials of:
(A) the two (2) members of the absentee voter board in the
office of the circuit court clerk under IC 3-11-4-19 or section
26 of this chapter;
(B) the two (2) members of the absentee voter board visiting
the voter under section 25(b) of the chapter; or
(C) the two (2) appointed members of the county election
board or their designated representatives under IC 3-11-4-19.
(2) A copy of the voter's signature has been furnished to the
precinct election board and that the signatures do not correspond
or there is no signature.
(3) The absentee voter is not a qualified voter in the precinct.
(4) The absentee voter has voted in person at the election.
(5) The absentee voter has not registered.
(6) The ballot is open or has been opened and resealed. This
subdivision does not permit an absentee ballot transmitted by
fax to be rejected because the ballot was sealed in the absentee
ballot envelope by the individual designated by the circuit
court to receive absentee ballots transmitted by fax.
(7) The ballot envelope contains more than one (1) ballot of any
kind for the same office or public question.
(8) In case of a primary election, if the absentee voter has not
previously voted, the voter failed to execute the proper
declaration relative to age and qualifications and the political
party with which the voter intends to affiliate. or
the polls are open.
(8) The voter is eligible to vote under IC 3-10-11 or
IC 3-10-12.
(b) A voter with disabilities who:
(1) is unable to make a voting mark on the ballot or sign the
absentee ballot secrecy envelope; and
(2) requests that the absentee ballot be delivered to an address
within Indiana;
must vote before an absentee voter board under section 25(b) of this
chapter.
(c) After a voter has mailed an absentee ballot to the office of the
circuit court clerk, the voter may not recast a ballot, except as provided
in:
(1) section 1.5 of this chapter; or
(2) section 33 of this chapter.
SECTION 71. IC 3-11-10-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 25. (a) Voters A
voter who are entitled to vote votes by absentee ballot because of:
(1) illness or injury; or
(2) caring for a confined person at a private residence;
under IC 3-11-4-1 and who are is within the county on election day
may vote before an absentee voter board or by mail.
(b) If requested by a voter described in subsection (a) or by a voter
with disabilities whose precinct is not accessible to voters with
disabilities, an absentee voter board shall visit the voter's place of
confinement, the residence of the voter with disabilities, or the private
residence:
(1) during the regular office hours of the circuit court clerk;
(2) at a time agreed to by the board and the voter;
(3) on any of the twelve (12) days immediately before election
day; and
(4) only once before an election, unless:
(A) the confined voter is unavailable at the time of the board's
first visit due to a medical emergency; or
(B) the board, in its discretion, decides to make an additional
visit.
(c) This subsection applies to a voter confined due to illness or
injury. An absentee voter board may not be denied access to the voter's
place of confinement if the board is present at the place of confinement
at a time:
(1) agreed to by the board and the voter; and
(2) during the regular office hours of the circuit court clerk. A
person who knowingly violates this subsection commits
obstruction or interference with an election officer in the
discharge of the officer's duty, a violation of IC 3-14-3-4.
(d) The county election board, by unanimous vote of the board's
entire membership, may authorize an absentee voter board to visit a
voter who is confined due to illness or injury and will be outside of the
county on election day in accordance with the procedures set forth in
subsection (b).
SECTION 72. IC 3-11-10-26, AS AMENDED BY P.L.167-2001,
SECTION 1, AND P.L.199-2001, SECTION 23, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 26. (a)
As an alternative to voting by mail, a voter is entitled to cast an
absentee ballot may vote by absentee ballot before an absentee voter
board:
(1) in the office of the circuit court clerk; or
(2) at a satellite office established under section 26.3 of this
chapter.
(b) The voter must sign an application on the form prescribed by the
commission under IC 3-11-4-5.1 before being permitted to vote. The
application must be received by the circuit court clerk not later than the
time prescribed by IC 3-11-4-3.
(c) The voter may vote before the board not more than twenty-nine
(29) days nor later than noon on the day before election day.
(d) The absentee voter board in the office of the circuit court clerk
must permit voters to cast absentee ballots under this section for at
least seven (7) hours on each of the two (2) Saturdays preceding
election day.
(e) Notwithstanding subsection (d), in a county with a population of
less than twenty thousand (20,000), the absentee voter board in the
office of the circuit court clerk, with the approval of the county election
board, may reduce the number of hours available to cast absentee
ballots under this section to a minimum of four (4) hours on each of the
two (2) Saturdays preceding election day.
SECTION 73. IC 3-11-10-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 27. (a) This section
does not apply to a ballot mailed to a voter under this chapter.
(b) Before a ballot is voted under section 25 or 26 of this chapter
before an absentee voter board, other than the absentee voter board in
the office of the circuit court clerk, it must bear the circuit court clerk's
official seal and signature or facsimile signature and be initialed by:
(1) the absentee voter board visiting the voter under section 25(b)
of this chapter (except in a county subject to subsection (c)); or
[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.
SECTION 77. IC 3-11.5-2-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 5. An absentee ballot application or an
absentee ballot is considered "sent" to a voter if the application or
ballot is:
(1) sent by United States mail addressed to the voter;
(2) transmitted by fax to a number provided by the voter; or
(3) personally given to the voter.
SECTION 78. IC 3-11.5-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 1. Each circuit
court clerk shall do the following:
(1) Keep a separate absentee ballot record for each precinct in the
county.
(2) 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 delivered or mailed sent or
who marked ballots in person; and
(B) whose ballots have been received by the county election
board under IC 3-11-10.
SECTION 79. IC 3-11.5-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 4. If a county
election board finds that the signature on a ballot envelope or
transmitted affidavit is not genuine, the board shall write upon the
ballot envelope the words "The county election board has rejected this
ballot because the signature of this voter is not genuine.".
SECTION 80. IC 3-11.5-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 5. If a county
election board unanimously finds that the signature on a ballot
envelope or transmitted affidavit is genuine, the board shall enclose
immediately the accepted and unopened ballot envelope, together with
the voter's application for the absentee ballot, in a large or carrier
envelope. The envelope shall be securely sealed and endorsed with the
name and official title of the circuit court clerk and the following
words: "This envelope contains an absentee ballot and must be opened
only on election day under IC 3-11.5.".
SECTION 81. IC 3-11.5-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 8. (a) Each county
election board shall certify the names of voters:
(1) to whom absentee ballots were delivered or mailed 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) The county election board shall have:
(1) the certificates described in subsection (a); 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) The certificates shall be delivered not later than 3 p.m. on
election day.
SECTION 82. IC 3-11.5-4-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 9. (a) Upon
delivery of the certificate 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. in the presence of the poll clerks.
(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) If a person listed in the certificate has voted in person at the
polls before the delivery of the certificate, the inspector shall initial the
voter's name on the certificate in the presence of both poll clerks. The
poll clerks shall sign the statement printed on the certificate supplied
under section 1 of this chapter indicating that the inspector initialed
the names of voters under this subsection in the presence of both poll
clerks.
(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.
(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.
(e) The couriers shall immediately return the envelope described in
subsection (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.
SECTION 83. IC 3-11.5-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 10. Subject to
section 7 of this chapter, absentee ballots received by mail or fax after
noon on election day are considered as arriving too late and may not be
counted.
SECTION 84. IC 3-11.5-4-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 11. At any time
after the couriers return the certificate under section 9 of this chapter,
absentee ballot counters appointed under section 22 of this chapter, in
the presence of the county election board, shall, except for a ballot
rejected under section 13 of this chapter:
(1) open the outer or carrier envelope containing an absentee
ballot envelope and application;
(2) announce the absentee voter's name; and
(3) compare the signature upon the application with the signature
upon the affidavit on the ballot envelope or transmitted
affidavit.
SECTION 85. IC 3-11.5-4-13, AS AMENDED BY P.L.38-1999,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003]: Sec. 13. (a) If the absentee ballot counters find
under section 11 of this chapter that any of the following applies, the
ballots shall be rejected:
appeals;
shall be prepared and printed under the direction of the election
division.
(b) The election division shall have the ballots printed upon
certification of the political party tickets and independent
candidates.
(c) Ballots prepared under this section must provide space for
the provisional 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 or the
clerk's authorized deputy not later than forty-five (45) days before
a general election or twenty-nine (29) days before a special election.
The provisional ballots shall be delivered in the same manner that
other official ballots are delivered.
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.
Sec. 7. Each provisional ballot must be signed by the circuit
court clerk or an individual authorized by the circuit court clerk
and have the circuit court clerk's seal affixed.
Sec. 8. The county election board shall provide to each precinct
election board envelopes marked "Provisional Ballot" in which a
provisional voter places the voter's provisional ballot.
Sec. 9. Each package of provisional ballots delivered to a circuit
court clerk shall be plainly marked on an appropriate attached
label with the words: "This package contains _______ (giving
number of ballots) provisional ballots.". The clerk shall securely
keep all ballots in the clerk's office and shall distribute them to
applicants as provided in this article.
Chapter 2. Casting a Provisional Ballot
Sec. 1. An individual:
IC 3-6-9 may appoint a watcher at the location for counting
provisional ballots.
(b) A watcher appointed under this section:
(1) has the rights; and
(2) must follow the requirements;
set forth in IC 3-6-9.
Sec. 4. (a) Media entitled to appoint a watcher under IC 3-6-10
may appoint a watcher at the location for counting provisional
ballots.
(b) A watcher appointed under this section:
(1) has the rights; and
(2) must follow the requirements;
set forth in IC 3-6-10.
Chapter 5. Counting Provisional Ballots
Sec. 1. (a) After the close of the polls, provisional ballots shall be
counted as provided in this chapter.
(b) All provisional ballots must be counted by not later than
noon on the Monday following the election.
Sec. 2. (a) Except as provided in section 5 of this chapter, if the
county election board determines that all the following apply, a
provisional ballot is valid and shall be counted under this chapter:
(1) The affidavit executed by the provisional voter under
IC 3-11.7-2-1 is properly executed.
(2) The provisional voter is a qualified voter of the precinct.
(3) Based on all the information available to the county
election board, including:
(A) information provided by the provisional voter;
(B) information contained in the county's voter
registration records; and
(C) information contained in the statewide voter
registration file;
the provisional voter registered to vote at a registration
agency under this article on a date within the registration
period.
(b) If the provisional voter has provided information regarding
the registration agency where the provisional voter registered to
vote, the board may not determine that the provisional voter did
not register unless both of the following apply:
(1) The board makes an actual inquiry of the registration
agency where the provisional voter states the provisional
voter registered.
(2) The registration agency informs the board that the
registration agency has no record of the provisional voter's
registration.
Sec. 3. (a) If the board determines that section 2(a)(1), 2(a)(2),
or 2(a)(3) of this chapter does not apply, all the following apply:
(1) The provisional ballot is invalid.
(2) The provisional ballot may not be counted.
(3) The provisional ballot envelope containing the ballots cast
by the provisional voter may not be opened.
(b) If the county election board determines that a provisional
ballot is invalid, a notation shall be made on the provisional ballot
envelope: "Provisional ballot determined invalid.".
Sec. 4. If the board determines that a provisional ballot is valid
under section 2 of this chapter, the provisional ballot envelope shall
be opened. The outside of each provisional ballot shall also be
marked to identify the precinct and the date of the election of the
ballots.
Sec. 5. (a) If any ballot cast by a provisional voter does not
contain the initials of the poll clerks, the ballot shall, without being
unfolded to disclose how the ballot is marked, be endorsed with the
word "Rejected".
(b) All rejected provisional ballots shall be enclosed and
securely sealed in an envelope on which is written "Rejected
provisional ballots.".
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.
Sec. 7. The provisional ballots shall be counted by laying each
ballot upon a table in the order in which the ballots were opened.
Sec. 8. (a) During the counting of the ballots, one (1) counter
shall read the name of the candidates voted for from the ballots.
(b) A:
(1) member of the county election board who is not a member
of the same political party as the counter; or
(2) representative designated by the member;
shall view the ballots as the names are read.
Sec. 9. During the counting of the ballots:
(1) the counter counting the ballots;
(2) a member of the county election board; or
(3) a representative designated by the member;
may protest the counting of any ballot or any part of a ballot.
Sec. 10. If the counters cannot agree whether to count a ballot
following a protest under section 9 of this chapter, the question
shall be referred to the county election board for a decision.
Sec. 11. Following a decision by the counters or the county
election board, the counters shall sign each protested ballot.
Sec. 12. If a ballot or any part of a ballot is protested and the
protest is resolved, the counter immediately shall write on the back
of the protested ballot the word "counted" or "not counted", as
appropriate.
Sec. 13. A counter may not count provisional ballots for a
precinct under this chapter while counting provisional ballots for
any other precinct.
Sec. 14. (a) This section applies if at least two (2) sets of counters
in a county are counting provisional ballots under this chapter.
(b) A set of counters may count provisional ballots from a
precinct while another set of counters is counting provisional
ballots from another precinct in the county if each set of counters
counts the ballots in compliance with section 8 of this chapter.
Sec. 15. (a) This section applies to the counting of write-in
provisional ballots.
(b) If a voter writes an abbreviation, a misspelling, or other
minor variation instead of the correct name of a candidate or
political party, that vote shall be counted if the intent of the voter
can be determined.
(c) If a voter casts a ballot under this section for President or
Vice President of the United States and writes in the name of a
candidate or political party that has not certified a list of electors
under IC 3-10-4-5, the vote for President or Vice President of the
United States is void. The remaining votes on the ballot may be
counted.
(d) IC 3-12-1-7 applies to write-in provisional ballots.
Sec. 16. When all the votes have been counted, the counters shall
prepare a certificate stating the number of votes that each
candidate received for each office and the number of votes cast on
each public question.
Sec. 17. The number of votes that each candidate and public
question received shall be written in words and numbers. The
counters shall prepare a memorandum of the total votes cast for
each candidate and on each public question and ensure that each
member of the county election board receives a copy of the
memorandum.
Sec. 18. The counters shall deliver the certificates prepared
under section 16 of this chapter and the tally papers to the county
election board immediately upon the tabulation of the vote in each
precinct.
Sec. 19. As soon as the ballots have been counted, the counters
shall do the following in the presence of the county election board:
(1) Place in a strong paper envelope or bag the following:
(A) All provisional ballots, voted and spoiled.
(B) All provisional ballots:
(i) determined invalid under section 3 of this chapter; or
(ii) rejected under section 5 of this chapter.
(C) All protested and uncounted provisional ballots.
(D) All provisional ballot envelopes.
(E) All executed affidavits relating to the provisional
ballots.
(F) The tally papers.
(2) Securely seal the envelope or bag.
(3) Have both counters initial the envelope or bag.
(4) Plainly mark on the outside of the envelope or bag in ink
the precinct in which the provisional ballots were cast.
(5) Deliver the envelope or bag to the circuit court clerk.
(6) Notify the circuit court clerk of the number of ballots
placed in the envelope or bag.
Sec. 20. Upon delivery of the envelope or bag to the circuit court
clerk, each counter shall take and subscribe an oath before the
clerk stating that the counter:
(1) securely kept the ballots and papers in the envelope or
bag;
(2) did not permit any person to open the envelope or bag or
to otherwise touch or tamper with the ballots; and
(3) has no knowledge of any other person opening the
envelope or bag.
Sec. 21. The circuit court clerk shall file the oath taken under
section 20 of this chapter with the clerk's other election documents.
Sec. 22. The circuit court clerk shall place the envelope or bag
in a receptacle provided by the county executive with two (2)
different locks.
Sec. 23. The circuit court clerk shall do the following:
(1) Lock the receptacle provided under section 22 of this
chapter.
(2) Retain one (1) key to one (1) lock of the receptacle.
(3) Give one (1) key to the other lock of the receptacle to the
member of the county election board who is not a member of
the same political party as the clerk.
Sec. 24. The circuit court clerk shall preserve the receptacle
containing the envelope or bag in the clerk's office for the period
required under IC 3-10-1-31.
Sec. 25. If the election is contested, the clerk shall preserve the
receptacle containing the envelope or bag as long as the contest is
undetermined. During that period, the clerk shall keep the
receptacle securely locked, subject only to an order of the court
trying a contest.
Sec. 26. When permitted under IC 3-10-1-31, the clerk and a
county election board member of the opposite political party shall
remove the envelope or bag from the receptacle and destroy the
envelope or bag.
Sec. 27. A county election board may contract with a state
educational institution (as defined in IC 20-12-0.5-1) to dispose of
the ballots. The contract must provide that:
(1) the ballots will be used by the state educational institution
to conduct election research; and
(2) the state educational institution may not receive any
ballots under this section until the period for retention under
IC 3-10-1-31 has expired.
Sec. 28. Immediately upon completion of the vote count, the
counters shall make and sign a certificate for the news media
showing the total number of provisional ballot votes received by
each candidate and on each public question in the precinct.
Sec. 29. The counters shall deliver the certificate to the circuit
court clerk as soon as the certificate is completed. The circuit court
clerk shall deliver the certificate made for the news media to any
person designated to receive the certificate by the editors of the
newspapers published in the county or by the managers of the
radio and television stations operating in the county immediately
upon the completion of the certificate, but not before the closing of
the polls.
Chapter 6. Additional Provisions Relating to Provisional Ballots
Sec. 1. (a) Provisional ballot counters shall conduct the activities
conducted by precinct election officials under IC 3-12-4.
(b) The returns of provisional ballot counters shall be treated
the same as the returns of a precinct election board under
IC 3-12-4.
Sec. 2. A provisional ballot is considered to be cast in the
precinct in which the voter who cast the ballot resides for the
purpose of the following:
(1) IC 3-12-6.
(2) IC 3-12-11.