March 8, 2013
ENGROSSED
SENATE BILL No. 116
_____
DIGEST OF SB 116
(Updated March 6, 2013 3:54 pm - DI 75)
Citations Affected: IC 3-7.
Synopsis: Voter identification numbers. Provides that a voter
identification number may not be included on the notice sent by a
county voter registration office to acknowledge the receipt of a voter
registration application.
Effective: July 1, 2013.
Miller Patricia
, Miller Pete
,
Arnold J
(HOUSE SPONSORS _ RICHARDSON, BARTLETT, BATTLES,
MAYFIELD)
January 7, 2013, read first time and referred to Committee on Elections.
February 4, 2013, amended, reported favorably _ Do Pass.
February 7, 2013, read second time, ordered engrossed.
February 8, 2013, engrossed.
February 12, 2013, read third time, passed. Yeas 49, nays 0.
HOUSE ACTION
February 26, 2013, read first time and referred to Committee on Elections and
Apportionment.
March 7, 2013, reported _ Do Pass.
March 8, 2013
First Regular Session 118th General Assembly (2013)
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ENGROSSED
SENATE BILL No. 116
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 3-7-33-5; (13)ES0116.1.1. -->
SECTION 1. IC 3-7-33-5, AS AMENDED BY P.L.164-2006,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. (a) When the county voter registration office
receives an application for a new registration or an application with
information that revises or adds information to the applicant's current
voter registration record, the county voter registration office shall
determine if the applicant appears to be eligible to register to vote
based on the information in the application.
(b) As required under 42 U.S.C. 1973gg-6(a)(2), the county voter
registration office shall send a notice to each person from whom the
county voter registration office receives a voter registration application.
The county voter registration office shall send a notice to the applicant
at the mailing address provided in the application.
(c) The notice required by subsection (b) must set forth the
following:
(1) A statement that the application has been received.
(2) The disposition of the application by the county voter
registration office.
(3) If the county voter registration office determines that the
applicant appears to be eligible, the notice must state the
following:
(A) Except as provided under subsection (f), (g), the applicant
is registered to vote under the residence address when the
applicant receives the notice. An applicant is presumed to
have received the notice unless the notice is returned by the
United States Postal Service due to an unknown or insufficient
address and received by the county voter registration office not
later than seven (7) days after the notice is mailed to the
applicant.
(B) The name of the precinct in which the voter is registered.
(C) The address of the polling place for the precinct in which
the voter is registered.
(D) The voter's voter identification number.
(4) In accordance with 42 U.S.C. 1973ff-1(d), if the county voter
registration office has denied the application, the notice must
include the reasons for the denial.
(d) The notice required by subsection (b) may not include a
voter identification number.
(d) (e) The notice required by subsection (b) may include a voter
registration card.
(e) (f) If the notice is returned by the United States Postal Service
due to an unknown or insufficient address, the county voter registration
office shall determine that the applicant is ineligible and deny the
application.
(f) (g) During the seven (7) days following the mailing of the notice
to the voter under this section, the county voter registration office shall
indicate in the computerized list maintained under IC 3-7-26.3 that the
application is pending. If the notice:
(1) is not returned by the United States Postal Service and
received by the county voter registration office at; or
(2) is received by the applicant by United States Postal Service
delivery and presented in person by the applicant to the county
voter registration office before;
the expiration of the seven (7) day period under subsection (c), the
county voter registration office shall indicate in the computerized list
that the applicant is a registered voter.
(g) (h) This subsection applies if the notice is mailed by the county
voter registration office after the certified list is prepared under
IC 3-7-29. If:
(1) the seven (7) day period under subsection (c) expires before
election day;
(2) the applicant has not presented the notice mailed under
subsection (b) to the county voter registration office as provided
under subsection
(f); (g); and
(3) the applicant would otherwise have been included on the
certified list;
the county voter registration office shall prepare a certificate of error
under IC 3-7-48 to note the addition of the voter to the certified list.
(h) (i) This subsection applies if the notice is mailed by the county
voter registration office after the certified list is prepared under
IC 3-7-29. If:
(1) the seven (7) day period has not expired before election day;
and
(2) the applicant has not presented the notice mailed under
subsection (b) to the county voter registration office as provided
under subsection
(f); (g);
the county voter registration office shall notify the county election
board. The county election board shall certify to the inspector of the
precinct where the applicant resides that the applicant's voter
registration application is pending, and that the voter, subject to
fulfilling the requirements of IC 3-11.7, is entitled to cast a provisional
ballot.