Introduced Version
SENATE BILL No. 596
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-7; IC 3-10-1; IC 3-11; IC 3-11.5-4-16;
IC 3-11.7-2-1.
Synopsis: Voting rights of felons; voter identification. Provides that
a person convicted of a felony after June 30, 2005, is not eligible to
register or vote until the person is no longer incarcerated, on parole, or
under court supervision. Requires the county department, office, or
agency supervising or responsible for the placement of a person
convicted of a felony to notify the county voter registration office of the
person's conviction and placement. Requires a voter, before voting at
the polls, to show identification that contains the voter's photograph
unless the voter executes an affidavit indicating the voter: (1) is
indigent and unable to obtain a picture identification; or (2) has a
religious objection to being photographed. Allows a voter who is
otherwise unable or refuses to provide a picture identification to vote
by provisional ballot. Repeals a superseded statute concerning
procedures for admittance of a voter to the polls.
Effective: July 1, 2005.
Hershman
January 20, 2005, read first time and referred to Committee on Elections and Civic Affairs.
Introduced
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 596
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-7-13-5; (05)IN0596.1.1. -->
SECTION 1. IC 3-7-13-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 5. (a)
Except as provided in
section 6.1 of this chapter, a person described in section 4 of this
chapter who is otherwise qualified to register under this article is
eligible to register when the person is no longer:
(1) imprisoned; or
(2) otherwise subject to lawful detention.
(b) Notwithstanding IC 35-47-2, IC 35-47-2.5, or the restoration of
the right to vote under this section and except as provided in
subsections (c), (d), and (g), a person who has been convicted of a
crime of domestic violence (as defined in IC 35-41-1-6.3) may not
possess a firearm upon the person's release from imprisonment or
lawful detention.
(c) Not earlier than five (5) years after the date of conviction, a
person who has been convicted of a crime of domestic violence (as
defined in IC 35-41-1-6.3) may petition the court for restoration of the
person's right to possess a firearm. In determining whether to restore
the person's right to possess a firearm, the court shall consider the
following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from
possessing a firearm.
(2) Whether the person has successfully completed a substance
abuse program, if applicable.
(3) Whether the person has successfully completed a parenting
class, if applicable.
(4) Whether the person still presents a threat to the victim of the
crime.
(5) Whether there is any other reason why the person should not
possess a firearm, including whether the person failed to complete
a specified condition under subsection (d) or whether the person
has committed a subsequent offense.
(d) The court may condition the restoration of a person's right to
possess a firearm upon the person's completion of specified conditions.
(e) If the court denies a petition for restoration of the right to possess
a firearm, the person may not file a second or subsequent petition until
one (1) year has elapsed.
(f) A person has not been convicted of a crime of domestic violence
for purposes of subsection (c) if the conviction has been expunged or
if the person has been pardoned.
(g) The right to possess a firearm shall be restored to a person
whose conviction is reversed on appeal or on postconviction review at
the earlier of the following:
(1) At the time the prosecuting attorney states on the record that
the charges that gave rise to the conviction will not be refiled.
(2) Ninety (90) days after the final disposition of the appeal or the
postconviction proceeding.
SOURCE: IC 3-7-13-6; (05)IN0596.1.2. -->
SECTION 2. IC 3-7-13-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 6. (a) This section applies to a
person who is:
(1) otherwise qualified to register under this article; and
(2) not imprisoned or subject to lawful detention.
(b) Except as provided in section 6.1 of this chapter, a person
described in subsection (a) who is:
(1) on probation;
(2) on parole;
(3) subject to home detention under IC 35-38-2.5; or
(4) placed in a community corrections program under
IC 35-38-2.6;
is eligible to register and to vote.
SOURCE: IC 3-7-13-6.1; (05)IN0596.1.3. -->
SECTION 3. IC 3-7-13-6.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 6.1. (a) A person who is convicted of a felony after
June 30, 2005, who is otherwise qualified to register under this
article and who is:
(1) imprisoned;
(2) otherwise subject to lawful detention;
(3) on probation;
(4) on parole;
(5) subject to home detention under IC 35-38-2.5; or
(6) placed in a community corrections program under
IC 35-38-2.6;
is not eligible to register or to vote.
(b) A person who is convicted of a felony after June 30, 2005,
who is otherwise qualified to register under this article and who is
no longer:
(1) imprisoned;
(2) otherwise subject to lawful detention;
(3) on probation;
(4) on parole;
(5) subject to home detention under IC 35-38-2.5; or
(6) placed in a community corrections program under
IC 35-38-2.6;
is eligible to register and to vote.
SOURCE: IC 3-7-41-2; (05)IN0596.1.4. -->
SECTION 4. IC 3-7-41-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 2. The statement described in
section 1 of this chapter may be filed with the county voter registration
office at any time. A voter who wishes to indicate that the voter's name
has changed may also write the necessary information concerning the
name change on the poll list under IC 3-11-8-25 or IC 3-11-8-25.1
before the person receives a ballot. The person may then vote if
otherwise qualified.
SOURCE: IC 3-7-46-2; (05)IN0596.1.5. -->
SECTION 5. IC 3-7-46-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 2. (a) A person imprisoned
following conviction of a crime is disfranchised during the person's
imprisonment.
(b) A person who is convicted of a felony after June 30, 2005, is
disfranchised during the period that the person is:
(1) imprisoned;
(2) otherwise subject to lawful detention;
(3) on probation;
(4) on parole;
(5) subject to home detention under IC 35-38-2.5; or
(6) placed in a community corrections program under
IC 35-38-2.6.
SOURCE: IC 3-7-46-6.2; (05)IN0596.1.6. -->
SECTION 6. IC 3-7-46-6.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 6.2. (a) This section applies to each department,
office, or agency that supervises or is responsible for persons
convicted of a felony who are placed:
(1) in lawful detention other than:
(A) a department of correction facility; or
(B) a county correctional facility;
(2) on probation;
(3) on parole;
(4) on home detention under IC 35-38-2.5; or
(5) in a community corrections program under IC 35-38-2.6.
(b) This section does not apply to a county sheriff who submits
a report under section 6 of this chapter concerning persons placed
in a county correctional facility.
(c) Not later than:
(1) January 31;
(2) April 30;
(3) July 31; and
(4) October 31;
of each year, the departments, offices, or agencies described in
subsection (a) shall provide the county voter registration office
with a report containing the information set forth in subsection (d)
and section 8 of this chapter for those persons for whom the
department, office, or agency supervises or is responsible.
(d) The report required by subsection (c) must identify each
person the department, office, or agency supervises or is
responsible for who:
(1) is a resident of Indiana;
(2) has been convicted of a felony in the county; and
(3) has been placed:
(A) in lawful detention other than:
(i) a department of correction facility; or
(ii) a county correctional facility;
(B) on probation;
(C) on parole;
(D) on home detention under IC 35-38-2.5; or
(E) in a community corrections program under
IC 35-38-2.6;
during the previous calendar quarter.
SOURCE: IC 3-7-46-7; (05)IN0596.1.7. -->
SECTION 7. IC 3-7-46-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 7. The county voter registration
office shall notify the county voter registration office of each county
where a person on the list resides that a voter registered in that county
has been listed on the report described in section 6 or 6.2 of this
chapter.
SOURCE: IC 3-7-46-7.5; (05)IN0596.1.8. -->
SECTION 8. IC 3-7-46-7.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7.5. If the information
provided under section 5, or 6, or 6.2 of this chapter indicates that the
person is disfranchised under section 2 of this chapter, the county voter
registration office shall:
(1) remove the name of the person from the voter registration
records; and
(2) after January 1, 2006, enter the date and other information
regarding the cancellation into the computerized list under
IC 3-7-26.3;
on an expedited basis, as required under 42 U.S.C. 15483.
SOURCE: IC 3-10-1-24; (05)IN0596.1.9. -->
SECTION 9. IC 3-10-1-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 24. (a) A voter who
desires to vote at a primary election must do both of the following:
(1) Give the voter's name and political party to the poll clerks of
the precinct on primary election day.
(2) In accordance with section 24.3 of this chapter, provide to
the poll clerks either:
(A) a current and valid identification of the voter that
contains a photograph of the voter; or
(B) an executed affidavit stating the reason the voter is
unable to provide the identification described in clause (A).
(b) The poll clerks shall require the voter to write the following on
the poll list:
(1) The voter's name.
(2) Except as provided in subsection (d), (e), the voter's current
residence address.
(3) The name of the voter's party.
(b) (c) The poll clerks shall:
(1) ask the voter to provide or update the voter's voter
identification number;
(2) tell the voter the number the voter may use as a voter
identification number; and
(3) explain to the voter that the voter is not required to provide a
voter identification number at the polls.
(c) (d) If the voter is unable to sign the voter's name, the voter must
sign the poll list by mark, which must be witnessed by one (1) of the
poll clerks or assistant poll clerks acting under IC 3-6-6, who shall
place the poll clerk's or assistant poll clerk's initials after or under the
mark.
(d) (e) After December 31, 2005, each line on a poll list sheet
provided to take a voter's current residence address must include a box
under the heading "Address Unchanged" so that a voter whose
residence address shown on the poll list is the voter's current residence
address may check the box instead of writing the voter's current
residence address on the poll list.
SOURCE: IC 3-10-1-24.3; (05)IN0596.1.10. -->
SECTION 10. IC 3-10-1-24.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 24.3. (a) Except as provided in
subsection (b), before voting in a primary election, a voter must
produce and show to the poll clerks a current and valid
identification of the voter that:
(1) is issued by:
(A) the federal government;
(B) the state; or
(C) a political subdivision of the state; and
(2) contains a photograph of the voter.
(b) A voter is not required to produce the identification
described in subsection (a) if the voter executes an affidavit, in the
form prescribed by the commission, affirming under the penalties
for perjury that one (1) of the following applies to the voter:
(1) The voter is:
(A) indigent; and
(B) unable to obtain identification containing the voter's
photograph without the payment of a fee.
(2) The voter has a religious objection to being photographed.
(c) A voter who is unable or declines to provide either:
(1) the identification described in subsection (a); or
(2) the affidavit described in subsection (b);
may vote under IC 3-11.7 using a provisional ballot after the poll
clerk, assistant poll clerk, or precinct election board member
executes a challenge affidavit in accordance with IC 3-11.7.
SOURCE: IC 3-10-1-24.5; (05)IN0596.1.11. -->
SECTION 11. IC 3-10-1-24.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 24.5. (a) This section
does not apply to a precinct in a county with a computerized
registration system whose inspector was:
(1) furnished with a list certified under IC 3-7-29; and
(2) not furnished with a certified photocopy of the signature on
the affidavit of registration of each voter of the precinct for the
comparison of signatures under this section.
(b) In case of doubt concerning a voter's identity, the precinct
election board shall compare the voter's signature with the signature on
the affidavit of registration or any certified copy of the signature
provided under section 7 of this chapter. If the board determines that
the voter's signature is authentic, the voter may then vote.
(c) If either poll clerk doubts the voter's identity following:
(1) the comparison of the signatures under subsection (b); or
(2) an inspection of the identification produced by the voter
under section 24(a)(2) of this chapter;
the poll clerk shall challenge the voter in the manner prescribed by
IC 3-11-8. If the poll clerk does not execute a challenger's affidavit
under IC 3-11-8-21 IC 3-11-8-20 or if the voter executes a challenged
voter's affidavit under IC 3-11-8-22 is satisfied, the voter may then
vote.
(d) This section expires January 1, 2006.
SOURCE: IC 3-10-1-24.6; (05)IN0596.1.12. -->
SECTION 12. IC 3-10-1-24.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 24.6. (a) This section
applies after December 31, 2005.
(b) In case of doubt concerning a voter's identity, the precinct
election board shall compare the voter's signature with the signature on
the affidavit of registration or any certified copy of the signature
provided under section 7 of this chapter. If the board determines that
the voter's signature is authentic, the voter may then vote.
(c) If either poll clerk doubts the voter's identity following:
(1) the comparison of the signatures under subsection (b); or
(2) an inspection of the identification produced by the voter
under section 24(a)(2) of this chapter;
the poll clerk shall challenge the voter in the manner prescribed by
IC 3-11-8. If the poll clerk does not execute a challenger's affidavit
under IC 3-11-8-21 IC 3-11-8-20 or if the voter executes a challenged
voter's affidavit under IC 3-11-8-22 is satisfied, the voter may then
vote.
SOURCE: IC 3-11-8-19; (05)IN0596.1.13. -->
SECTION 13. IC 3-11-8-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 19. Voters shall
approach and enter the chute in the order in which they appear for the
purpose of voting. A voter shall immediately announce the voter's full
and true name to the challengers. A challenger may challenge a voter
under section 20 of this chapter.
SOURCE: IC 3-11-8-20; (05)IN0596.1.14. -->
SECTION 14. IC 3-11-8-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 20. If a voter offering
to vote is challenged by a challenger or by a member of the precinct
election board, under this chapter, the person challenging the voter
shall reduce the challenge to affidavit form, setting forth succinctly the
reasons for the challenge.
SOURCE: IC 3-11-8-22; (05)IN0596.1.15. -->
SECTION 15. IC 3-11-8-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 22. (a) A voter
challenged under section 20 of this chapter may vote if all the
following are satisfied:
(1) The voter makes an affidavit in writing under section 23 of
this chapter. and
(2) Either of the following applies:
(1) (A) The voter's name appears on the registration list.
(2) (B) The voter does one (1) of the following:
(A) (i) Produces a certificate of error issued by a registration
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) (ii) Produces an affidavit executed under IC 3-10-10 or
IC 3-10-11 if the voter executed an affidavit under those
provisions.
(C) (iii) Makes an oral or a written affirmation under
IC 3-10-12.
(3) A majority of the precinct election board determines that
the voter is the individual who appears on the identification
produced under section 25 or 25.1 of this chapter.
(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 and a majority of the precinct election board determines
that the voter is the individual who appears on the identification
produced under section 25 or 25.1 of this chapter.
SOURCE: IC 3-11-8-25; (05)IN0596.1.16. -->
SECTION 16. IC 3-11-8-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 25. (a) After a voter has
passed the challengers or has been sworn in, the voter shall be admitted
to the polls. Upon entering the polls, the voter shall do both of the
following:
(1) Announce the voter's name to the poll clerks or assistant poll
clerks.
(2) In accordance with subsections (b) and (c), provide to the
poll clerks either:
(A) a current and valid identification of the voter that
contains a photograph of the voter; or
(B) an executed affidavit stating the reason the voter is
unable to provide the identification described in clause (A).
(b) Except as provided in subsection (c), before voting, a voter
must produce and show to the poll clerks a current and valid
identification of the voter that:
(1) is issued by:
(A) the federal government;
(B) the state; or
(C) a political subdivision of the state; and
(2) contains a photograph of the voter.
(c) A voter is not required to produce the identification
described in subsection (b) if the voter executes an affidavit, in the
form prescribed by the commission, affirming under the penalties
for perjury that one (1) of the following applies to the voter:
(1) The voter is:
(A) indigent; and
(B) unable to obtain identification containing the voter's
photograph without the payment of a fee.
(2) The voter has a religious objection to being photographed.
(d) A voter who is unable or declines to provide either:
(1) the identification described in subsection (b); or
(2) the affidavit described in subsection (c);
may vote under IC 3-11.7 using a provisional ballot after the poll
clerk, assistant poll clerk, or precinct election board member
executes a challenge affidavit in accordance with IC 3-11.7.
(e) A poll clerk, an assistant poll clerk, or a member of the precinct
election board shall require the voter to write the following on the poll
list:
(1) The voter's name.
(2) The voter's current residence address.
(b) (f) The poll clerk, an assistant poll clerk, or a member of the
precinct election board shall:
(1) ask the voter to provide the voter's voter identification
number;
(2) tell the voter the number the voter may use as a voter
identification number; and
(3) explain to the voter that the voter is not required to provide a
voter identification number at the polls.
(c) This subsection applies after December 31, 2003. (g) The poll
clerk or assistant poll clerk shall examine the list provided under
IC 3-7-29-1 or IC 3-11-3-18 to determine if the county election board
has indicated that the voter is required to provide additional personal
identification under 42 U.S.C. 15483 and IC 3-7-33-4.5 before voting
in person. If the list (or a certification concerning absentee voters under
IC 3-11-10-12) indicates that the voter is required to present this
identification before voting in person, the poll clerk shall advise the
voter that the voter must present,
in addition to the identification
required by subsection (a)(2), a piece of identification described in
subsection
(d) (h) to the poll clerk.
(d) This subsection applies after December 31, 2003. (h) As
required by 42 U.S.C. 15483,
and in addition to the identification
required by subsection (a)(2), a voter described by IC 3-7-33-4.5 who
has not complied with IC 3-7-33-4.5 before appearing at the polls on
election day must present one (1) of the following documents to the
poll clerk:
(1) a current and valid photo identification; or
(2) a current utility bill, bank statement, government check,
paycheck, or government document that shows the name and
address of the voter.
(e) This subsection applies after December 31, 2003. (i) If a voter
presents a document under subsection
(d) (h), the poll clerk shall add
a notation to the list indicating the type of document presented by the
voter. The election division shall prescribe a standardized coding
system to classify documents presented under this subsection for entry
into the county voter registration system.
(f) This subsection applies after December 31, 2003. (j) If a voter
required to present documentation under subsection
(d) (h) is unable
to present the documentation to the poll clerk while present in the polls,
the poll clerk shall notify the precinct election board. The board shall
provide a provisional ballot to the voter under IC 3-11.7-2.
(g) This subsection applies after December 31, 2003. (k) The
precinct election board shall advise the voter that the voter may file a
copy of the documentation with the county voter registration office to
permit the provisional ballot to be counted under IC 3-11.7.
(h) (l) This subsection does not apply to a precinct in a county with
a computerized registration system whose inspector was:
(1) furnished with a list certified under IC 3-7-29; and
(2) not furnished with a certified photocopy of the signature on
the affidavit of registration of each voter of the precinct for the
comparison of signatures under this section.
In case of doubt concerning a voter's identity, the precinct election
board shall compare the voter's signature with the signature on the
affidavit of registration or any certified copy of the signature provided
under IC 3-7-29. If the board determines that the voter's signature is
authentic, the voter may then vote. If either poll clerk doubts the voter's
identity following comparison of the signatures
under this subsection
or an inspection of the identification produced by the voter under
subsection (a)(2), the poll clerk shall challenge the voter in the manner
prescribed by section
21 20 of this chapter.
A poll clerk may not
challenge a voter under this subsection if the voter was challenged
by a challenger under this chapter, and section 22 of this chapter
has been satisfied. However, a poll clerk who doubts the identity of
the voter may make a notation in the poll book that the poll clerk
doubts the identity of the voter.
(i) (m) If, in a precinct governed by subsection
(h) (l):
(1) the poll clerk does not execute a challenger's affidavit; or
(2)
the voter executes a challenged voter's affidavit under section
22 of this chapter
or had executed the affidavit before signing the
poll list; has been satisfied;
the voter may then vote.
(j) (n) This section expires January 1, 2006.
SOURCE: IC 3-11-8-25.1; (05)IN0596.1.17. -->
SECTION 17. IC 3-11-8-25.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 25.1. (a) This section
applies after December 31, 2005.
(b) After a voter has passed the challengers or has been sworn in,
the voter shall be admitted to the polls. Upon entering the polls, the
voter shall
do both of the following:
(1) Announce the voter's name to the poll clerks or assistant poll
clerks.
(2) In accordance with subsections (c) and (d), provide to the
poll clerks either:
(A) a current and valid identification of the voter that
contains a photograph of the voter; or
(B) an executed affidavit stating the reason the voter is
unable to provide the identification described in clause (A).
(c) Except as provided in subsection (d), before voting, a voter
must produce and show to the poll clerks a current and valid
identification of the voter that:
(1) is issued by:
(A) the federal government;
(B) the state; or
(C) a political subdivision of the state; and
(2) contains a photograph of the voter.
(d) A voter is not required to produce the identification
described in subsection (c) if the voter executes an affidavit, in the
form prescribed by the commission, affirming under the penalties
for perjury that one (1) of the following applies to the voter:
(1) The voter is:
(A) indigent; and
(B) unable to obtain identification containing the voter's
photograph without the payment of a fee.
(2) The voter has a religious objection to being photographed.
(e) A voter who is unable or declines to provide either:
(1) the identification described in subsection (c); or
(2) the affidavit described in subsection (d);
may vote under IC 3-11.7 using a provisional ballot after the poll
clerk, assistant poll clerk, or precinct election board member
executes a challenge affidavit in accordance with IC 3-11.7.
(f) A poll clerk, an assistant poll clerk, or a member of the precinct
election board shall require the voter to write the following on the poll
list:
(1) The voter's name.
(2) Except as provided in subsection (f) (k), the voter's current
residence address.
(c) (g) The poll clerk, an assistant poll clerk, or a member of the
precinct election board shall:
(1) ask the voter to provide or update the voter's voter
identification number;
(2) tell the voter the number the voter may use as a voter
identification number; and
(3) explain to the voter that the voter is not required to provide or
update a voter identification number at the polls.
(d) (h) In case of doubt concerning a voter's identity, the precinct
election board shall compare the voter's signature with the signature on
the affidavit of registration or any certified copy of the signature
provided under IC 3-7-29. If the board determines that the voter's
signature is authentic, the voter may then vote.
(i) If either poll clerk doubts the voter's identity following
comparison of the signatures under this subsection or an inspection
of the identification produced by the voter under subsection (b)(2),
the poll clerk shall challenge the voter in the manner prescribed by
section 21 section 20 of this chapter. A poll clerk may not challenge
a voter under this subsection if:
(1) the voter was challenged by a challenger under this
chapter; and
(2) section 22 of this chapter has been satisfied.
However, a poll clerk who doubts the identity of the voter may
make a notation in the poll book that the poll clerk doubts the
identity of the voter.
(e) (j) If: in a precinct governed by subsection (c):
(1) the poll clerk does not execute a challenger's affidavit; or
(2) the voter executes a challenged voter's affidavit under section
22 of this chapter or executed the affidavit before signing the poll
list; has been satisfied;
the voter may then vote.
(f) (k) Each line on a poll list sheet provided to take a voter's current
address must include a box under the heading "Address Unchanged"
so that a voter whose residence address shown on the poll list is the
voter's current residence address may check the box instead of writing
the voter's current residence address on the poll list.
SOURCE: IC 3-11-8-25.2; (05)IN0596.1.18. -->
SECTION 18. IC 3-11-8-25.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 25.2. (a) This section
applies after December 31, 2005.
(b) The poll clerk or assistant poll clerk shall examine the list
provided under IC 3-7-29-1 to determine if the county election board
has indicated that the voter is required to provide additional personal
identification under 42 U.S.C. 15483 and IC 3-7-33-4.5 before voting
in person. If the list (or a certification concerning absentee voters under
IC 3-11-10-12) indicates that the voter is required to present this
identification before voting in person, the poll clerk shall advise the
voter that the voter must present,
in addition to the identification
required by section 25.1(b)(2) of this chapter, a piece of
identification described in subsection (c) to the poll clerk.
(c) As required by 42 U.S.C. 15483
and in addition to the
identification required by section 25.1(b)(2) of this chapter, a voter
described by IC 3-7-33-4.5 who has not complied with IC 3-7-33-4.5
before appearing at the polls on election day must present one (1) of the
following documents to the poll clerk:
(1) A current and valid photo identification.
(2) A current utility bill, bank statement, government check,
paycheck, or government document that shows the name and
address of the voter.
(d) If a voter presents a document under subsection (c), the poll
clerk shall add a notation to the list indicating the type of document
presented by the voter. The election division shall prescribe a
standardized coding system to classify documents presented under this
subsection for entry into the county voter registration system.
(e) If a voter required to present documentation under subsection (c)
is unable to present the documentation to the poll clerk while present
in the polls, the poll clerk shall notify the precinct election board. The
board shall provide a provisional ballot to the voter under IC 3-11.7-2.
(f) The precinct election board shall advise the voter that the voter
may file a copy of the documentation with the county voter registration
office to permit the provisional ballot to be counted under IC 3-11.7.
SOURCE: IC 3-11-8-25.5; (05)IN0596.1.19. -->
SECTION 19. IC 3-11-8-25.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 25.5. If an individual
signs the individual's name and either:
(1) signs the individual's address; or
(2) after December 31, 2005, checks the "Address Unchanged"
box;
on the poll list under section 25 or 25.1 of this chapter and then leaves
the polls without casting a ballot or after casting a provisional ballot,
the voter may not be permitted to reenter the polls to cast a ballot at the
election.
SOURCE: IC 3-11-8-27; (05)IN0596.1.20. -->
SECTION 20. IC 3-11-8-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 27. (a) If a member of
a precinct election board is not satisfied that a person who offers to
vote is the person who the person represents the person to be, the
member may challenge the person and the under section 20 of this
chapter.
(b) A member of the precinct election board may not challenge
a voter under subsection (a) if:
(1) the voter was challenged by a challenger or a poll clerk
under this chapter; and
(2) section 22 of this chapter has been satisfied.
However, a member of the precinct election board who doubts the
identity of the voter may make a notation in the poll book that the
member doubts the identity of the voter.
(c) A person challenged under this section may vote only if the
person signs the affidavit required to be signed by voters who are
challenged under section 20 section 22 of this chapter is satisfied.
SOURCE: IC 3-11-8-27.5; (05)IN0596.1.21. -->
SECTION 21. IC 3-11-8-27.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 27.5. (a) This section
applies after December 31, 2003.
(b) In accordance with 42 U.S.C. 15482, a voter challenged under
section 27 of this chapter is entitled to cast a provisional ballot under
IC 3-11.7 after executing the affidavit under section 23 of this chapter.
SOURCE: IC 3-11-8-29; (05)IN0596.1.22. -->
SECTION 22. IC 3-11-8-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 29. A precinct election
board may not keep a poll list other than the poll list required by
section 25 or 25.1 of this chapter.
SOURCE: IC 3-11-10-22; (05)IN0596.1.23. -->
SECTION 23. IC 3-11-10-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 22. If an absentee ballot
is challenged under section 21 of this chapter, the absentee voter's
application for an absentee ballot shall be considered as the affidavit
required to be made by a voter when challenged at the polls while
voting in person. In all other respects The challenge procedure is the
same as though the ballot was cast by the voter in person. If a proper
affidavit is made that would entitle the absentee voter to vote if the
absentee voter had personally appeared, then the absentee ballot shall
be placed in the ballot box. However, an identification of the voter
containing a photograph of the voter is not required to be
produced.
SOURCE: IC 3-11.5-4-16; (05)IN0596.1.24. -->
SECTION 24. IC 3-11.5-4-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 16. (a) If an absentee
ballot is challenged under section 15 of this chapter, the absentee
voter's application for an absentee ballot shall be considered as the
affidavit required to be made by a voter when challenged at the polls
while voting in person. In all other respects, The challenge procedure
is the same as though the ballot was cast by the voter in person.
However, an identification of the voter containing a photograph of
the voter is not required to be produced.
(b) If a proper affidavit by a qualified person in the form required by
IC 3-11-8-22 is made that would entitle the absentee voter to vote if the
absentee voter had personally appeared, the couriers shall return the
affidavit to the county election board in the same envelope as the
certificate returned under section 9 of this chapter.
(c) The absentee ballot cast by the challenged voter shall be counted
if the county election board makes the findings required under section
11 of this chapter.
SOURCE: IC 3-11.7-2-1; (05)IN0596.1.25. -->
SECTION 25. IC 3-11.7-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) As provided by
42 U.S.C. 15482, this section applies to the following individuals:
(1) An individual:
(A) whose name does not appear on the registration list; and
(B) who is not permitted 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.
(2) An individual described by IC 3-10-1-10.5 IC 3-11-8-23.5, or
IC 3-11-8-27.5 who is challenged as not eligible to vote.
(3) An individual who seeks to vote in an election as a result of a
court order (or any other order) extending the time established for
closing the polls under IC 3-11-8-8.
(b) This subsection applies after December 31, 2003. As required
by 42 U.S.C. 15483, a voter who has registered to vote but has not:
(1) presented identification required under 42 U.S.C. 15483 to the
poll clerk before voting in person under IC 3-11-8-25 or
IC 3-11-8-25.1; or
(2) filed a copy of the identification required under 42 U.S.C.
15483 to the county voter registration office before the voter's
absentee ballot is cast;
is entitled to vote a provisional ballot under this article.
(c) A precinct election officer shall inform an individual described
by subsection (a)(1) or (a)(2) that the individual may cast a provisional
ballot if the individual:
(1) is eligible to vote under IC 3-7-13-1;
(2) submitted a voter registration application during the
registration period described by IC 3-7-13-10 (or IC 3-7-36-11, if
the voter registered under that section); and
(3) executes an affidavit described in IC 3-10-1-9 or
IC 3-11-8-23; and
(4) is found to be by a majority of the precinct election board
the individual who appears on the identification produced
under IC 3-11-8-25 or IC 3-11-8-25.1.
(d) A precinct election officer shall inform an individual described
by subsection (a)(3) that the individual may cast a provisional ballot.
SOURCE: IC 3-11-8-23.5; (05)IN0596.1.26. -->
SECTION 26. IC 3-11-8-23.5 IS REPEALED [EFFECTIVE JULY
1, 2005].