Reprinted
February 22, 2005
SENATE BILL No. 483
_____
DIGEST OF SB 483
(Updated February 21, 2005 5:37 pm - DI 102)
Citations Affected: IC 3-5; IC 3-10; IC 3-11; IC 3-11.5; IC 3-11.7.
Synopsis: Voter identification. Requires a precinct election officer to
ask a voter to provide proof of identification before the voter is
permitted to vote. Provides that a proof of identification is a document
issued by the United States or the state of Indiana that shows: (1) the
name of the individual to whom the document was issued; and (2) a
photograph of that individual. Allows the use of a document that
expired after the date of the most recent general election. Specifies that
a voter who is unable or declines to produce proof of identification at
the polls receives a provisional ballot if the voter signs the affidavit
required for a provisional ballot. Requires the county election board to
count the provisional ballot if : (1) the voter appears before the board
after leaving the polls and before noon on the Monday following the
election, and: (A) produces proof of identification; or (B) executes an
affidavit stating that the voter cannot obtain proof of identification,
because the voter: (i) is indigent; or (ii) has a religious objection to
being photographed; and (2) the voter has not been challenged or
required to vote a provisional ballot for any other reason. Specifies that
a voter casting an absentee ballot is not required to provide proof of
identification. Requires a voter who registered by mail and is voting for
the first time in a county election to continue to provide the
documentation required by federal law as well producing proof of
identification. Adds cross-references concerning poll lists.
Effective: July 1, 2005.
Heinold, Lawson C, Hershman
January 18, 2005, read first time and referred to Committee on Elections and Civic Affairs.
February 7, 2005, amended, reported favorably _ Do Pass.
February 21, 2005, read second time, amended, ordered engrossed.
Reprinted
February 22, 2005
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. 483
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 3-5-2-40.5; (05)SB0483.2.1. -->
SECTION 1. IC 3-5-2-40.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 40.5. "Proof of identification" refers to a document
that satisfies all of the following:
(1) The document shows the name of the individual to whom
the document was issued, and the name conforms to the name
in the individual's voter registration record.
(2) The document shows a photograph of the individual to
whom the document was issued.
(3) The document includes an expiration date, and the
document:
(A) is not expired; or
(B) expired after the date of the most recent general
election.
(4) The document was issued by the United States or the state
of Indiana.
SOURCE: IC 3-10-1-7.2; (05)SB0483.2.2. -->
SECTION 2. IC 3-10-1-7.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 7.2. (a) A voter who desires to vote an official ballot
at a primary election shall provide proof of identification (as
defined in IC 3-5-2-40.5).
(b) Before the voter proceeds to vote in a primary election, a
member of the precinct election board shall ask the voter to
provide proof of identification. The voter must produce the proof
of identification before being permitted to sign the poll list.
(c) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the precinct election board determines that
the proof of identification presented by the voter does not
qualify as proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter
as prescribed by IC 3-11-8.
(d) If the voter executes a challenged voter's affidavit under
section 9 of this chapter or IC 3-11-8-22, the voter may:
(1) sign the poll list; and
(2) receive a provisional ballot.
SOURCE: IC 3-11-8-25; (05)SB0483.2.3. -->
SECTION 3. IC 3-11-8-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 25. (a)
A voter who
desires to vote an official ballot at an election shall provide proof
of identification (as defined in IC 3-5-2-40.5).
(b) Before the voter proceeds to vote in the election, a member
of the precinct election board shall ask the voter to provide proof
of identification. The voter shall produce the proof of identification
before being permitted to sign the poll list.
(c) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the precinct election board determines that
the proof of identification provided by the voter does not
qualify as proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter
as prescribed by this chapter.
(d) If the voter executes a challenged voter's affidavit under
section 22 of this chapter, the voter may:
(1) sign the poll list; and
(2) receive a provisional ballot.
(e) 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
instructed by a member of the precinct election board to proceed
to the location where the poll clerks are stationed. The voter shall
announce the voter's name to the poll clerks or assistant poll clerks. 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) (g) This subsection applies after December 31, 2003. 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 proof of
identification required under subsection (b), a piece of identification
described in subsection (d) (h) to the poll clerk.
(d) (h) This subsection applies after December 31, 2003. As
required by 42 U.S.C. 15483, in addition to the proof of
identification required under subsection (b), 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) (i) This subsection applies after December 31, 2003. 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) (j) This subsection applies after December 31, 2003. 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) (k) This subsection applies after December 31, 2003. 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, the poll clerk shall
challenge the voter in the manner prescribed by section 21 of this
chapter.
(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;
the voter may then vote.
(j) (n) This section expires January 1, 2006.
SOURCE: IC 3-11-8-25.1; (05)SB0483.2.4. -->
SECTION 4. 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) A voter who desires to vote an official ballot at an election
shall provide proof of identification (as defined in IC 3-5-2-40.5).
(c) Before the voter proceeds to vote in the election, a member
of the precinct election board shall ask the voter to provide proof
of identification. The voter shall produce the proof of identification
before being permitted to sign the poll list.
(d) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the precinct election board determines that
the proof of identification provided by the voter does not
qualify as proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter
as prescribed by this chapter.
(e) If the voter executes a challenged voter's affidavit under
section 22 of this chapter, the voter may:
(1) sign the poll list; and
(2) receive a provisional ballot.
(b) (f) 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
instructed by a member of the precinct election board to proceed
to the location where the poll clerks are stationed. The voter shall
announce the voter's name to the poll clerks or assistant poll clerks. 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), (j), 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. If either poll clerk
doubts the voter's identity following comparison of the signatures, the
poll clerk shall challenge the voter in the manner prescribed by section
21 of this chapter.
(e) (i) If, in a precinct governed by subsection
(c): (g):
(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;
the voter may then vote.
(f) (j) 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)SB0483.2.5. -->
SECTION 5. 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 proof of
identification required by section 25.1(b) 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 proof
of identification required by section 25.1(b) 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)SB0483.2.6. -->
SECTION 6. 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 3-11-8-29; (05)SB0483.2.7. -->
SECTION 7. IC 3-11-8-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 29. (a) This section
does not apply to a list kept by a poll clerk under section 10.5 of
this chapter.
(b) 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 3-11-10-1.2; (05)SB0483.2.8. -->
SECTION 8. IC 3-11-10-1.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 1.2. An absentee voter is not required to provide
proof of identification when:
(1) mailing, delivering, or transmitting an absentee ballot
under section 1 of this chapter; or
(2) voting before an absentee board under this chapter.
SOURCE: IC 3-11-10-22; (05)SB0483.2.9. -->
SECTION 9. IC 3-11-10-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 22. (a) 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
(b) Except as provided in subsection (c), the challenge procedure
is the same as though the ballot was cast by the voter in person.
(c) An absentee voter is not required to provide proof of
identification (as defined in IC 3-5-2-40.5).
(d) 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.
SOURCE: IC 3-11.5-4-16; (05)SB0483.2.10. -->
SECTION 10. 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,
(b) Except as provided in subsection (c), the challenge procedure
under this section is the same as though the ballot was cast by the
voter in person.
(c) An absentee voter is not required to provide proof of
identification (as defined in IC 3-5-2-40.5).
(b) (d) 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) (e) 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 3-11.7-2-3; (05)SB0483.2.11. -->
SECTION 11. IC 3-11.7-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) The precinct
election board shall affix to the envelope the challenger's affidavit and
the affidavit executed by the provisional voter under section 1 of this
chapter.
(b) The form of the envelope is prescribed under IC 3-5-4-8. The
envelope must permit a member of a precinct election board to
indicate whether the voter has been issued a provisional ballot as
the result of a challenge based on the voter's inability or
declination to provide proof of identification under IC 3-5-2-40.5.
(b) (c) Except as provided in subsection (c) (d) and in accordance
with 42 U.S.C. 15482, the precinct election board shall securely keep
the sealed envelope, along with the affidavits affixed to the envelope,
in another envelope or container marked "Provisional Ballots".
(c) (d) This subsection applies to the sealed envelope and the
affidavits affixed to the envelope of a provisional voter described in
section 1(a)(3) of this chapter. As required by 42 U.S.C. 15482, the
precinct election board shall keep the sealed envelope or container
separate from the envelope or container described in subsection (b).
(c). The envelope or container described in this subsection must be
labeled "Provisional Ballots Issued After Regular Poll Closing Hours".
SOURCE: IC 3-11.7-5-2; (05)SB0483.2.12. -->
SECTION 12. IC 3-11.7-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: 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 and
has provided proof of identification, if required, under
IC 3-10-1 or IC 3-11-8.
(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 shall promptly make an inquiry to the agency regarding the
alleged registration. The agency shall respond to the board not later
than noon of the first Friday after the election, indicating whether the
agency's records contain any information regarding the registration. If
the agency does not respond to the board's inquiry, or if the agency
responds that the agency has no record of the alleged registration, the
board shall reject the provisional ballot. The board shall endorse the
ballot with the word "Rejected" and document on the ballot the inquiry
and response, if any, by the agency.
(c) This subsection applies after December 31, 2003. Except as
provided in section 5 of this chapter, a provisional ballot cast by a voter
described in IC 3-11.7-2-1(b) is valid and shall be counted if the county
election board determines under this article that the voter filed the
documentation required under IC 3-7-33-4.5 and 42 U.S.C. 15483 with
the county voter registration office not later than the closing of the polls
on election day.
SOURCE: IC 3-11.7-5-2.5; (05)SB0483.2.13. -->
SECTION 13. IC 3-11.7-5-2.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]:
Sec. 2.5. (a) A voter who:
(1) was challenged under IC 3-10-1 or IC 3-11-8 as a result of
the voter's inability or declination to provide proof of
identification as defined by IC 3-5-2-40.5; and
(2) cast a provisional ballot;
may personally appear before the circuit court clerk or the county
election board not later than the deadline specified by section 1 of
this chapter for the county election board to determine whether to
count a provisional ballot.
(b) Except as provided in subsection (c) or (e), if the voter:
(1) provides proof of identification (as defined in
IC 3-5-2-40.5) to the circuit court clerk or county election
board; and
(2) executes an affidavit before the clerk or board, in the form
prescribed by the commission, affirming under the penalties
of perjury that the voter is the same individual who:
(A) personally appeared before the precinct election
board; and
(B) cast the provisional ballot on election day;
the county election board shall find that the voter's provisional
ballot is valid and direct that the provisional ballot be opened
under section 4 of this chapter and processed in accordance with
this chapter.
(c) If the voter executes an affidavit before the circuit court
clerk or county election board, in the form prescribed by the
commission, affirming under the penalties of perjury that:
(1) the voter is the same individual who:
(A) personally appeared before the precinct election
board; and
(B) cast the provisional ballot on election day; and
(2) the voter:
(A) is:
(i) indigent; and
(ii) unable to obtain proof of identification without the
payment of a fee; or
(B) has a religious objection to being photographed;
the county election board shall determine whether the voter has
been challenged for any reason other than the voter's inability or
declination to present proof of identification to the precinct
election board.
(d) If the county election board determines that the voter
described in subsection (c) has been challenged solely for the
inability or declination of the voter to provide proof of
identification, the county election board shall:
(1) find that the voter's provisional ballot is valid; and
(2) direct that:
(A) the provisional ballot be opened under section 4 of this
chapter; and
(B) processed in accordance with this chapter.
(e) If the county election board determines that a voter
described in subsection (b) or (c) has been challenged for a cause
other than the voter's inability or declination to provide proof of
identification (as defined in IC 3-5-2-40.5), the board shall:
(1) note on the envelope containing the provisional ballot that
the voter has complied with the proof of identification
requirement; and
(2) proceed to determine the validity of the remaining
challenges set forth in the challenge affidavit before ruling on
the validity of the voter's provisional ballot.
(f) If a voter described by subsection (a) fails by the deadline for
counting provisional ballots referenced in subsection (a) to:
(1) appear before the county election board; and
(2) execute an affidavit in the manner prescribed by
subsection (b) or (c);
the county election board shall find that the voter's provisional
ballot is invalid.
SOURCE: IC 3-11.7-5-3; (05)SB0483.2.14. -->
SECTION 14. IC 3-11.7-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) If the board
determines that the affidavit executed by the provisional voter has not
been properly executed, that the provisional voter is not a qualified
voter of the precinct, that the voter failed to provide proof of
identification when required under IC 3-10-1 or IC 3-11-8, or that
the provisional voter did not register to vote at a registration agency
under this article on a date within the registration period, the board
shall make the following findings:
(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".