Introduced Version
HOUSE BILL No. 1099
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5-2-40.5; IC 3-11.
Synopsis: Various election matters. Provides that identification issued
by an approved Indiana postsecondary educational institution that has
no expiration date or an indefinite expiration date is acceptable proof
of identification to vote. Provides that a voter casting an absentee ballot
before an absentee voter board in the office of the circuit court clerk or
at a satellite office: (1) is entitled to receive assistance in casting a
ballot if the voter is a voter with disabilities or is unable to read or write
English; and (2) is permitted to vote if the voter is in the process of
casting a ballot or is waiting to vote at the hour at which voting is
designated to end.
Effective: July 1, 2009.
Tincher
January 8, 2009, read first time and referred to Committee on Elections and
Apportionment.
Introduced
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1099
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; (09)IN1099.1.1. -->
SECTION 1. IC 3-5-2-40.5, AS ADDED BY P.L.109-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 40.5.
(a) Except as provided in subsection (b),
"proof of identification" refers to a document that satisfies all 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.
(b) Notwithstanding subsection (a)(3), a document issued by an
approved postsecondary educational institution (as defined in
IC 21-7-13-6(a)) that:
(1) otherwise complies with the requirements of subsection
(a); and
(2) has no expiration date or states that the document has an
indefinite expiration date;
is sufficient proof of identification for purposes of this title.
SOURCE: IC 3-11-9-1; (09)IN1099.1.2. -->
SECTION 2. IC 3-11-9-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1. This chapter applies to:
(1) each precinct; and to
(2) absentee voting, including the casting of an absentee ballot
before an absentee voter board:
(A) in the office of the:
(i) circuit court clerk; or
(ii) board of elections and registration in a county
subject to IC 3-6-5.2; or
(B) at a satellite office established under IC 3-11-10-26.3.
SOURCE: IC 3-11-10-26; (09)IN1099.1.3. -->
SECTION 3. IC 3-11-10-26, AS AMENDED BY P.L.164-2006,
SECTION 109, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 26. (a) As an alternative to voting
by mail, a voter is entitled to cast an absentee ballot before an absentee
voter board:
(1) in the office of the circuit court clerk (or board of elections
and registration in a county subject to IC 3-6-5.2); or
(2) at a satellite office established under section 26.3 of this
chapter.
(b) The voter must:
(1) sign an application on the form prescribed by the commission
under IC 3-11-4-5.1; and
(2) provide proof of identification;
before being permitted to vote.
Except as provided in subsection (k),
the application must be received by the circuit court clerk not later than
the time prescribed by IC 3-11-4-3.
(c)
Subject to subsection (k), 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)
Subject to subsection (k), an absent uniformed services voter
who is eligible to vote by absentee ballot in the circuit court clerk's
office under IC 3-7-36-14 may vote before the board not earlier than
twenty-nine (29) days before the election and not later than noon on
election day. If a voter described by this subsection wishes to cast an
absentee ballot during the period beginning at noon on the day before
election day and ending at noon on election day, the county election
board or absentee voter board may receive and process the ballot at a
location designated by resolution of the county election board.
(e) 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.
(f) Notwithstanding subsection (e), 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.
(g) As provided by 42 U.S.C. 15481, a voter casting an absentee
ballot under this section must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct
any error in a private and independent manner before the ballot is
cast and counted, including the opportunity to receive a
replacement ballot if the voter is otherwise unable to change or
correct the ballot; and
(3) notified before the ballot is cast regarding the effect of casting
multiple votes for the office and provided an opportunity to
correct the ballot before the ballot is cast and counted.
(h) As provided by 42 U.S.C. 15481, when an absentee ballot is
provided under this section, the board must also provide the voter with:
(1) information concerning the effect of casting multiple votes for
an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots.
(i) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the 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;
the voter shall be permitted to cast an absentee ballot and the voter's
absentee ballot shall be treated as a provisional ballot.
(j) A voter casting an absentee ballot under this section is
entitled to receive assistance in casting the voter's ballot in
accordance with IC 3-11-9.
(k) Notwithstanding subsection (c) or (d), when the hour
designated as the time at which voting under this section ends
occurs, the absentee voter board shall permit all voters who:
(1) are in the act of voting; or
(2) have begun the procedure for casting an absentee ballot
under this section but who have not voted;
to vote. The board shall require all voters who are waiting to vote
but have not begun the procedure for casting an absentee ballot
under this section to line up in single file and shall record the
names of the voters in the line. These voters may vote under this
section unless otherwise prevented according to law.
SOURCE: IC 3-11-10-26.3; (09)IN1099.1.4. -->
SECTION 4. IC 3-11-10-26.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 26.3. (a) A county
election board may adopt a resolution to authorize the circuit court
clerk to establish satellite offices in the county where voters may cast
absentee ballots before an absentee voter board.
(b) To be adopted under this section, a resolution must be adopted
by the unanimous vote of the board's entire membership.
(c) A resolution adopted under this section must do the following:
(1) State the locations of the satellite offices.
(2) State the hours at which absentee voting may occur at the
satellite offices.
(d) The resolution may contain other provisions the board considers
useful.
(e) If a resolution is adopted under this section, the procedure for
casting an absentee ballot at a satellite office must, except as provided
in this section, be substantially the same as the procedure for casting an
absentee ballot in the office of the circuit court clerk.
(f) A voter at a satellite office is entitled to receive assistance in
casting the voter's ballot in accordance with IC 3-11-9.
(g) Notwithstanding a resolution adopted under this section,
when the hour designated as the time at which voting under this
section ends occurs, the absentee voter board shall permit all
voters who:
(1) are in the act of voting; or
(2) have begun the procedure for casting an absentee ballot
under this section but who have not voted;
to vote. The board shall require all voters who are waiting to vote
but have not begun the procedure for casting an absentee ballot
under this section to line up in single file and shall record the
names of the voters in the line. These voters may vote under this
section unless otherwise prevented according to law.