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Citations Affected: IC 3-10; IC 3-11.

Synopsis: Explanation of proposed constitutional amendments. Requires the legislative council to prepare a concise and neutral summary of any proposed state constitutional amendment. Requires the legislative council to distribute a copy of the summary to various entities and post the summary on the general assembly's Internet web site not later than 60 days before the election at which the proposed amendment is submitted to the voters. Requires a copy of the summary to be posted at each polling place. Provides that the legislative council has absolute discretion to determine the contents of the summary, and prohibits a cause of action based on the exercise of this discretion.

Effective: July 1, 2006.

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Dillon

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    January 9, 2006, read first time and referred to Committee on Judiciary.
    January 26, 2006, amended, reported favorably _ Do Pass.

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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 2005 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning elections.

SOURCE: IC 3-10-3-11; (06)SB0143.1.1. -->     SECTION 1. IC 3-10-3-11 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. (a) The legislative council shall prepare a concise and neutral summary of a proposed constitutional amendment submitted to the electorate of the state under this chapter.
    (b) Not later than sixty (60) days before the election at which the public question concerning the proposed state constitutional amendment is submitted to the electorate of the state under this chapter, the legislative council shall do the following:
        (1) Distribute the summary prepared under subsection (a) to each of the following:
            (A) The election division.
            (B) Indiana news media.
            (C) Indiana public libraries.
        (2) Post a copy of the summary on the general assembly's Internet web site.
The legislative council may provide for more extensive publication

of the summary than is required by this subsection.
    (c) A copy of the summary prepared under this section shall be posted at each polling place during the election at which the public question concerning the proposed state constitutional amendment is submitted to the electorate of the state.
     (d) The legislative council has absolute discretion to determine the contents of a summary prepared under this section. A person may not bring a cause of action based on the exercise of this discretion.

SOURCE: IC 3-11-3-4; (06)SB0143.1.2. -->     SECTION 2. IC 3-11-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) The election division shall provide a seal for the ballots. The seal may be of a design considered proper by the election division, but the same design may not be used for two (2) consecutive elections.
     (b) The election division shall provide each county election board with a copy of the summary of each proposed state constitutional amendment to be submitted to the electorate of the state prepared under IC 3-10-3-11.

SOURCE: IC 3-11-3-11; (06)SB0143.1.3. -->     SECTION 3. IC 3-11-3-11, AS AMENDED BY P.L.230-2005, SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. The county election board shall deliver the following to each inspector or the inspector's representative:
        (1) The supplies provided for the inspector's precinct by the election division.
        (2) The local sample ballots, the ballot labels, if any, and all poll lists, registration lists, and other supplies considered necessary to conduct the election in the inspector's precinct.
        (3) The local ballots printed under the direction of the county election board as follows:
            (A) In those precincts where ballot card voting systems are to be used, the number of ballots at least equal to one hundred percent (100%) of the number of voters in the inspector's precinct, according to the poll list.
            (B) In those precincts where electronic voting systems are to be used, the number of ballots that will be required to be printed and furnished to the precincts for emergency purposes only.
            (C) Provisional ballots in the number considered necessary by the county election board.
        (4) Twenty (20) ink pens suitable for printing the names of write-in candidates on the ballot or ballot envelope.
        (5) Copies of the voter's bill of rights for posting as required by 42

U.S.C. 15482.
        (6) Copies of the instructions for a provisional voter required by 42 U.S.C. 15482. The county election board shall provide at least the number of copies of the instructions as the number of provisional ballots provided under subdivision (3).
         (7) Copies of the summary of each proposed state constitutional amendment to be submitted to the electorate of the state for posting as required by IC 3-10-3-11.