AN ACT to amend the Indiana Code concerning elections.
equipment) that is used:
(i) (A) to define ballots;
(ii) (B) to cast and count votes;
(iii) (C) to report or display election results; and
(iv) (D) to maintain and produce any audit trail information;
and
(B) (2) the practices and associated documentation used:
(i) (A) to identify system components and versions of those
components;
(ii) (B) to test the system during its development and
maintenance;
(iii) (C) to maintain records of system errors and defects;
(iv) (D) to determine specific system changes to be made to a
system after the initial qualification of the system; and
(v) (E) to make available any materials to the voter (such as
notices, instructions, forms, or paper ballots).
SECTION 3. IC 3-5-4-1.9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.9. Except as otherwise provided in this
title, the election division, an election board, a circuit court clerk,
a county voter registration office, or any other official responsible
for receiving a filing under this title may not receive a filing that is
offered to be filed after a deadline for the filing provided by this
title.
SECTION 4. IC 3-5-4.5 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]:
Chapter 4.5. Standards for Challenges to Voters
Sec. 1. This chapter applies to a challenge to a voter made by a
precinct election officer, a watcher, a challenger, or a pollbook
holder under this title.
Sec. 2. A person may not challenge the right of an individual to
vote at an election in the precinct solely on the basis of the
individual's:
(1) enrollment in an educational institution; or
(2) registration to vote at an address that is housing provided
for students by the educational institution.
Sec. 3. Except as permitted in a primary election under
IC 3-10-1, a person may not challenge the right of an individual to
vote at an election in the precinct solely on the basis of the
individual's:
(1) actual or perceived affiliation with a political party; or
(2) support or opposition to a candidate or the adoption of a
public question.
Sec. 4. If a county election board determines that a person has
violated a provision of this chapter, the board may remove a
precinct election officer from office or void the credentials of a
watcher, challenger, or pollbook holder.
Sec. 5. If a county election board determines that a person has
knowingly violated a provision of this chapter, the county election
board may refer the matter to the prosecuting attorney as a
violation of IC 3-14-3-4 (obstruction of a voter).
SECTION 5. IC 3-5-5-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) A person does not gain
residency in a precinct into which the person moves for:
(1) temporary employment;
(2) educational purposes; or
(3) other purposes;
without the intent of making a permanent home in the precinct.
(b) Notwithstanding subsection (a), a precinct election officer, a
watcher, a challenger, or a pollbook holder may not challenge the right
of an individual to vote in the precinct solely on the basis of the
individual's:
(1) enrollment in an educational institution; or
(2) registration to vote at an address which is housing provided
for students by the educational institution.
(c) A county election board may:
(1) remove a precinct election officer or void the credentials of a
watcher, challenger, or pollbook holder; or
(2) refer the matter to the prosecuting attorney as a violation of
IC 3-14-3-4 (obstruction of a voter);
if the board determines that the officer, watcher, challenger, or
pollbook holder has violated subsection (b).
SECTION 6. IC 3-7-12-28.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 28.1. (a) This section
applies after December 31, 2005.
(b) (a) In addition to the reports required for the statewide voter file,
the county voter registration office shall file a report with the election
division not later than noon January 31 of each year.
(c) (b) The report must include the following:
(1) Any revisions to the county NVRA implementation plan
adopted during the preceding year.
(2) Other data prescribed by the division.
SECTION 7. IC 3-7-13-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. (a) Except as
provided in subsections (b) and (c), when an individual registers to
vote, the individual must provide the individual's driver's license
number issued under IC 9-24-11, as provided under 42 U.S.C. 15483.
(b) If an individual does not have a driver's license issued under
IC 9-24-11, the individual must provide the last four (4) digits of the
individual's Social Security number when the individual registers to
vote, as provided under 42 U.S.C. 15483.
(c) This subsection applies after December 31, 2005. As required
under 42 U.S.C. 15483, if an individual does not have a Social Security
number, the election division shall assign the individual a number to be
associated with the individual's registration in the computerized list
maintained under IC 3-7-26.3. If the individual has an identification
card number issued under IC 9-24-16, the election division shall assign
that number as the voter's number under this subsection. If the
individual does not have an identification card number issued under
IC 9-24-16, the election division shall assign a unique identifying
number to the voter's registration record in the computerized list, as
provided under 42 U.S.C. 15483.
(d) The number provided by the individual under subsection (a) or
(b), or the number assigned to the individual under subsection (c), is
the individual's voter identification number.
(e) A voter's voter identification number may not be changed unless:
(1) the voter made an error when providing the number when
registering to vote;
(2) the election division or a county voter registration office made
an error when entering the number into the computerized list
under IC 3-7-26.3;
(3) the voter obtains or provides a driver's license number under
IC 9-24-11 or a Social Security number after the voter was
assigned a number under subsection (c); or
(4) the voter ceases to have a driver's license number under
IC 9-24-11 after the voter provided that number under subsection
(a).
(f) If a voter transfers the voter's registration and the voter's voter
identification number is not included in the voter's registration records,
the voter registration officer of the county in which the voter's
registration is to be transferred shall require the voter to provide the
number required by subsection (a) or (b) before the voter's registration
is transferred. If after December 31, 2005, the voter does not have
either of the numbers described in subsection (a) or (b), a voter
identification number shall be assigned to the voter under subsection
(c).
SECTION 8. IC 3-7-14-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 9. (a) An employee of the bureau
of motor vehicles commission who provides an individual with a
driver's license or identification card application shall do the following:
(1) Inform each individual who applies for a driver's license or an
identification card that the information the individual provides on
the individual's application will be used to register the individual
to vote unless:
(A) the individual is not eligible to vote;
(B)
the individual declines to register to vote or fails to
complete the voter registration part of the application; or
(C)
the individual answers "no" to either question described by
IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or
transfer registration with assistance in filling out the voter
registration application if requested to do so by the individual.
(3) Check the completed voter registration form for legibility and
completeness.
(4) Deliver the completed registration form to the license branch
manager (or the employee designated by the manager to be
responsible for voter registration services) for transmittal to the
appropriate circuit court clerk or board of registration.
(5) (4) Inform the individual that the individual will receive a
mailing from the county voter registration office of the county
where the individual resides concerning the disposition of the
voter registration application.
(6) (5) Inform each individual who submits a change of address
for a driver's license or identification card that the information
serves as notice of a change of address for voter registration
unless the applicant states in writing on the form that the change
of address is not for voter registration purposes.
(b) The bureau of motor vehicles commission shall transmit a voter
registration form completed after December 31, 2005, to the election
division for transmittal to the appropriate county voter registration
office in accordance with IC 3-7-26.3.
SECTION 9. IC 3-7-14-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. Whenever an
applicant completes a voter registration application under section 4 of
this chapter, the bureau of motor vehicles commission shall provide the
applicant with a written acknowledgment that the applicant has
completed a voter registration application at a license branch. The
acknowledgment:
(1) may be:
(A) a detachable part; or
(B) after December 31, 2005, an electronic version;
of the registration form prescribed under section 4 of this chapter;
and
(2) must set forth the name and residential address of the
applicant and the date that the application was completed.
SECTION 10. IC 3-7-14-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. (a) An applicant
who completes a voter registration application under section 4 of this
chapter is not required to submit the application to a county voter
registration office.
(b) The bureau of motor vehicles commission shall forward the
voter registration part of the application to a county voter registration
office not later than five (5) days after the date of acceptance and as
provided in IC 9-24-2.5 and 42 U.S.C. 1973gg-3(c)(2)(E). This
subsection expires January 1, 2006.
(c) This subsection applies after December 31, 2005. (b) The bureau
of motor vehicles commission shall forward the voter registration part
of the application to the election division for transmittal to the
appropriate county voter registration office on an expedited basis in
accordance with IC 3-7-26.3, IC 9-24-2.5, and 42 U.S.C.
1973gg-3(c)(2)(E).
SECTION 11. IC 3-7-14-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 14. Except as provided
in section 15 of this chapter, an application under section 4 of this
chapter authorizes a county voter registration office to update the voter
registration record of the applicant:
(1) under 42 U.S.C. 1973gg-3(a)(2) unless the applicant fails to
sign the voter registration application; or
(2) after December 31, 2005, in a manner authorized under
IC 3-7-26.3.
SECTION 12. IC 3-7-26.3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. As required under 42
U.S.C. 15483, and not later than January 1, 2006, the secretary of state
with the consent of the co-directors of the election division shall
implement, in a uniform and nondiscriminatory manner, a single,
uniform, official, centralized, and interactive statewide voter
registration list under this chapter.
SECTION 13. IC 3-7-26.3-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2006 (RETROACTIVE)]: Sec. 4.5. The
state may enter into agreements with a county to use existing
county property for purposes of maintaining the computerized list.
If the county's equipment fails to perform properly in maintaining
the computerized list, the state may cancel any existing agreement
with the county and install additional state owned equipment in
any county facility to ensure proper operation and maintenance of
the computerized list.
SECTION 14. IC 3-7-26.4-1, AS ADDED BY P.L.81-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 1. This chapter applies
(1) to the computerized list established under IC 3-7-26.3. and
(2) after December 31, 2005.
SECTION 15. IC 3-7-26.4-12, AS ADDED BY P.L.81-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12. (a) This section does not apply to the chief
justice of the supreme court or to a person described by section 8 of
this chapter.
(b) Notwithstanding IC 5-14-3-8, the election division shall charge
each person described by section 6 of this chapter a an annual fee of
five thousand dollars ($5,000) to receive the following:
(1) A complete compilation of the voter registration information
contained in the computerized list.
(2) Updates of the voter registration information made during
the year covered by the fee.
SECTION 16. IC 3-7-27-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 15. (a) This section
does not apply to a county acting in accordance with section 21 section
21.1 or 22 of this chapter. The county voter registration office shall
keep all original affidavits or forms of registration in the clerk's or
board's office except when the affidavits or forms are in the possession
of the precinct election boards for use on election day at the polls. The
county voter registration office shall keep any duplicate affidavits or
forms at all times in the clerk's or board's office.
(b) If the original affidavits or forms of registration have been
microfilmed or recorded through a similar electronic process
authorized under IC 5, any duplicate affidavits may be:
(1) stored in a secure location outside of the office of the clerk or
board; or
(2) discarded, if a microfilmed or similar electronic record of the
duplicate affidavits is stored in a secure location outside of the
office of the clerk or board.
may dispose of duplicate paper copies of original registrations made
before January 1, 2006, by destroying the duplicate paper copies.
SECTION 20. IC 3-7-27-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 22. (a) This section
applies before January 1, 2006, to a county whose voter registration
records are maintained on a computerized system described by section
20 of this chapter. After December 31, 2005, this section applies to all
counties.
(b) Before January 1, 2006, the county voter registration office may
maintain the original affidavits of registration in a secure location
outside of the county voter registration office if:
(1) the county maintains a regularly updated copy of the
computerized record as described in section 21(b) of this chapter;
and
(2) the original affidavits are not located in the same location as
the updated copy of the computerized record.
After December 31, 2005, The county voter registration office may
maintain the original affidavits of registration in a secure location
outside the county voter registration office.
SECTION 21. IC 3-7-29-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) This subsection
applies before January 1, 2006. When the inspector of a precinct
procures the ballots and other election supplies for an election, the
inspector shall also procure from the county voter registration office:
(1) in a county whose registration records are not maintained on
a computerized system described by IC 3-7-27-20, the duplicate
copy of the registration record; or
(2) in a county with a computerized registration system, the
certified copies of the registration record of the precinct with the
information required under section 1 of this chapter;
and other necessary registration supplies.
(b) This subsection applies after December 31, 2005. When the
inspector of a precinct procures the ballots and other election supplies
for an election, the inspector shall also procure from the county voter
registration office the certified copies of the registration record of the
precinct with the information required under section 1 of this chapter
and other necessary registration supplies.
SECTION 22. IC 3-7-29-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) This subsection
applies before January 1, 2006. The county voter registration office in
a county with a computerized registration system may also provide the
inspector of each precinct in the county with a certified photocopy of
the signature on the affidavit of registration of each voter of the
precinct for the comparison of signatures under IC 3-10-1-24.5 or
IC 3-11-8-25.
(b) This subsection applies after December 31, 2005. The county
voter registration office may also provide the inspector of each precinct
in the county with a certified photocopy of the signature on the
affidavit of registration of each voter of the precinct for the comparison
of signatures under IC 3-10-1-24.5 IC 3-10-1-24.6 or IC 3-11-8-25.
IC 3-11-8-25.1.
SECTION 23. IC 3-7-30-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. Certain uses of
information from the statewide voter file are prohibited
(1) before January 1, 2006, under IC 3-7-26;
(2) after December 31, 2005, under IC 3-7-26.3.
SECTION 24. IC 3-7-30-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. Certain voter
registration information in the statewide voter registration file
maintained by the election division
(1) under IC 3-7-26 before January 1, 2006; and
(2) under IC 3-7-26.3 after December 31, 2005;
is confidential.
SECTION 25. IC 3-7-32-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. A registration
application must be signed:
(1) in indelible ink or indelible pencil; or
(2) after December 31, 2005, with an electronic signature in a
manner authorized under IC 3-7-26.3 if submitted to a license
branch under IC 3-7-14.
SECTION 26. IC 3-7-32-4, AS AMENDED BY P.L.198-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 4. A voter may not submit a registration
application by fax or an electronic transmission except as provided in:
(1) IC 3-11-4 concerning an absent uniformed services voter or
overseas voter submitting a registration application on the
standard form approved under 42 U.S.C. 1973ff(b); or
(2) after December 31, 2005, IC 3-7-26.3.
SECTION 27. IC 3-7-33-4.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4.5. (a) Except as
provided in subsection (b), this section applies to an individual who:
(1) submits an application to register to vote by mail under
IC 3-7-22; and
(2) has not previously voted in:
nondiscriminatory manner.
(e) If the county voter registration office determines that the
applicant:
(1) is not required to submit additional documentation under this
section; or
(2) has provided the documentation required under this section;
the county voter registration office shall process the application in
accordance with section 5 of this chapter.
(f) If the county voter registration office determines that the
applicant is required to submit additional documentation under this
section and 42 U.S.C. 15483, the office shall process the application
under section 5 of this chapter and, if the applicant is otherwise eligible
to vote, add the information concerning this documentation to the
voter's computerized registration entry under IC 3-7-27-20(c).
IC 3-7-27-20.2.
(g) The county voter registration office shall remove the notation
described in subsection (f) after the voter votes in an election for a
federal office.
SECTION 28. IC 3-7-33-5, AS AMENDED BY P.L.81-2005,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: 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), 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 include a voter
registration card.
(e) 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) 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) 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); 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.
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2.1. (a) This section
applies after December 31, 2005.
(b) The county voter registration office shall generate a poll list for
the precinct where the voter resides that does not include the name of
a voter unless the voter will be:
(1) at least eighteen (18) years of age when the election is
conducted; or
(2) eligible to vote in the election under this article.
SECTION 32. IC 3-7-35-3.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3.1. (a) This section
applies after December 31, 2005.
(b) The county voter registration office shall generate information
to be used in the compilation of a jury list that does not include the
name of a voter unless the voter will be at least eighteen (18) years of
age when the jury is empaneled.
SECTION 33. IC 3-7-38.2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) A voter list
maintenance program conducted under this chapter or before January
1, 2006, IC 3-7-38.1 must: be:
(1) be uniform, nondiscriminatory, and in compliance with the
Voting Rights Act of 1965 (42 U.S.C. 1973);
(2) not result in the removal of the name of a person from the
official list of votes solely due to the person's failure to vote; and
(3) be completed not later than ninety (90) days before a primary,
general, or municipal election.
(b) A county voter registration office may conduct a voter list
maintenance program that complies with subsection (a). In conducting
a voter list maintenance program, the county voter registration office
shall mail a notice described in subsection (d) to each registered voter
at the residence address:
(1) listed in the voter's registration record; and
(2) determined by the county voter registration office not to be the
voter's current residence address.
(c) A county voter registration office may use information only from
the following sources to make the determination under subsection
(b)(2):
(1) The United States Postal Service National Change of Address
Service.
(2) A court regarding jury duty notices.
(3) The return of a mailing sent by the county voter registration
office to all voters in the county.
(4) The bureau of motor vehicles concerning the surrender of a
voter's Indiana license for the operation of a motor vehicle to
another jurisdiction.
(d) The notice described in subsection (b) must:
(1) be sent by first class United States mail, postage prepaid, by
a method that requires the notice to be forwarded to the voter; and
(2) include a postage prepaid return card that:
(A)
is addressed to the county voter registration office;
(B)
states a date by which the card must be returned or the
voter's registration will become inactive until the information
is provided to the county voter registration office; and
(C)
permits the voter to provide the voter's current residence
address.
(e) If a voter returns the card described in subsection (d)(2) and
provides a current residence address that establishes that the voter
resides:
(1) in the county, the county voter registration office shall update
the voter's registration record; or
(2) outside the county, the county voter registration office shall
cancel the voter's registration.
(f) If a voter does not return the card described in subsection (d)(2)
by the date specified in subsection (d)(2)(B), the county voter
registration office shall indicate in the voter's registration record that
the voter's registration is inactive.
(g) A voter's registration that becomes inactive under subsection (f)
remains in inactive status from the date described in subsection
(d)(2)(B) until the earlier of the following:
(1) The date the county voter registration office updates or
cancels the voter's registration under subsection (e) after the voter
provides a current residence address.
(2) The day after the second general election in which the voter
has not voted or appeared to vote.
(h) After the date described in subsection (g)(2), the county voter
registration office shall remove the voter's registration from the voter
registration records.
SECTION 34. IC 3-7-38.2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. As provided under
42 U.S.C. 1973gg-6(c)(2)(B)(i), this chapter and before January 1,
2006, IC 3-7-38.1 do does not prevent the removal of a voter's name
from the voter registration record during the final ninety (90) day
period before a primary, general, or municipal election due to any of
the following in accordance with this article:
(1) The written request of the voter.
applies before January 1, 2006. When notified by the NVRA official of
a conversion from rural route addresses to numbered addresses under
this chapter, the county voter registration office shall, as soon as
practicable, do the following:
(1) Draw a red line through the rural route address appearing on
the affidavit or form of registration and write the numbered
address that replaces the rural route address on the affidavit or
form.
(2) Make an appropriate entry in each computerized record for the
precinct.
(b) This subsection applies after December 31, 2005. When notified
by the NVRA official of a conversion from rural route addresses to
numbered addresses under this chapter, the county voter registration
office shall, as soon as practicable, amend:
(1) the original affidavit filed by the voter to indicate the
numbered address that replaces the rural route address on the
affidavit; and
(2) the entry for the voter in the computerized list under
IC 3-7-26.3.
SECTION 40. IC 3-7-41-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: 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
IC 3-11-8-25.1 before the person receives a ballot. The person may
then vote if otherwise qualified.
SECTION 41. IC 3-7-42-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) This subsection
applies before January 1, 2006. At the time of transfer, the county voter
registration office shall draw a red line through the name or number of
the precinct appearing on the affidavit or form of registration and shall
write the name or number of the precinct to which the voter has been
transferred and make an appropriate entry in the computerized record
for the precinct.
(b) This subsection applies after December 31, 2005. At the time of
transfer, the county voter registration office shall amend:
(1) the original affidavit filed by the voter to indicate the changed
mailing address, street name, or residence number on the
affidavit; and
(2) the entry for the voter in the computerized list under
IC 3-7-26.3.
voter registration office shall cancel the registration of each deceased
person listed in the report provided under subsection (c). (b).
SECTION 50. IC 3-7-46-4.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4.1. (a) This section
applies after December 31, 2005.
(b) (a) As required under 42 U.S.C. 15483, the election division
shall coordinate the computerized list generated by the statewide voter
registration system under IC 3-7-26.3 with the department of correction
to permit a county voter registration office to cancel the registration
records of disfranchised individuals on an expedited basis.
(c) (b) The department of correction shall provide the NVRA
official with a list identifying each person who:
(1) is a resident of Indiana;
(2) has been convicted of a crime; and
(3) has been placed in a department of correction facility during
the previous month.
(d) (c) The department of correction shall provide the information
required by this section electronically in a format prescribed by the
election division.
SECTION 51. IC 3-7-46-7.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7.5. If the information
provided under section 5 or 6 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.
SECTION 52. IC 3-7-46-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8. (a) This subsection
applies before January 1, 2006. On the last day of each month, each
county voter registration office shall prepare a list of the names and last
known addresses of all persons within the county who have been
disfranchised. The county voter registration office may secure the list
at any time, but not later than the twenty-ninth day before a primary,
general, or municipal election.
(b) This subsection applies after December 31, 2005. Each county
voter registration office shall prepare a notice to be mailed to the names
and last known addresses of all persons within the county who have
been disfranchised.
under IC 3-11.7 rather than a regular official ballot. The affidavit
executed under this chapter serves as a sufficient affidavit for the
voter to receive a provisional ballot under IC 3-11.7.
SECTION 56. IC 3-8-2-2.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2.6. (a) This section applies to a write-in
candidate for a school board office to be elected on the same
election day that a primary election is conducted.
(b) A:
(1) declaration of intent to be a write-in candidate; or
(2) withdrawal of a declaration;
must be subscribed and sworn to before an individual authorized
to administer oaths.
(c) A declaration of intent to be a write-in candidate for a school
board office must be filed:
(1) not earlier than the first date specified in IC 3-8-6-10(b)
for the timely filing of a petition of nomination; and
(2) not later than noon seventy-four (74) days before the
primary election.
(d) A candidate may withdraw a declaration of intent filed
under subsection (c) not later than noon seventy-one (71) days
before the primary election.
(e) A question concerning the validity of a declaration of intent
to be a write-in candidate for a school board office must be filed
with the county election board under IC 3-8-1-2(c) not later than
noon sixty-seven (67) days before the date of the primary election.
The county election board shall determine all questions regarding
the validity of the declaration not later than noon fifty-four (54)
days before the date of the primary election.
SECTION 57. IC 3-8-2-2.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.7. (a) This
subsection does not apply to a write-in candidate for school board
office who is subject to section 2.6(c) of this chapter. A candidate
may withdraw a declaration of intent to be a write-in candidate not later
than noon July 15 before a general or municipal election.
(b) This subsection applies to a candidate who filed a declaration of
intent to be a write-in candidate with the election division. The election
division shall issue a corrected certification of write-in candidates
under IC 3-8-7-30 as soon as practicable after a declaration is
withdrawn under this section.
SECTION 58. IC 3-8-2-4, AS AMENDED BY P.L.230-2005,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) A declaration of candidacy for a
primary election must be filed not later than noon seventy-four (74)
days and not earlier than one hundred four (104) days before the
primary election. The declaration must be subscribed and sworn to
before a person authorized to administer oaths.
(b) This subsection does not apply to a write-in candidate for
school board office who is subject to section 2.6(c) of this chapter.
A declaration of intent to be a write-in candidate must be filed:
(1) not earlier than the first date specified in IC 3-8-6-10(b) for
the timely filing of a petition of nomination; and
(2) not later than noon on the date specified by IC 3-13-1-15(c)
for a major political party to file a certificate of candidate
selection.
The declaration must be subscribed and sworn to before a person
authorized to administer oaths.
(c) During a year in which a federal decennial census, federal
special census, special tabulation, or corrected population count
becomes effective under IC 1-1-3.5, a declaration of:
(1) candidacy may be filed for an office that will appear on the
primary election ballot; or
(2) intent to be a write-in candidate for an office that will appear
on the general, municipal, or school board election ballot;
that year as a result of the new tabulation of population or corrected
population count.
SECTION 59. IC 3-8-2-11, AS AMENDED BY P.L.230-2005,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) A declaration of candidacy may be
made by mail and is considered filed as of the date and hour the filing
occurs in the manner described by IC 3-5-2-24.5 in the office of the
election division or circuit court clerk.
(b) A declaration is not valid unless received filed in the office of
the election division or circuit court clerk by noon on the
seventy-fourth day before a primary election.
(c) This subsection applies to a candidate required to file a
statement of economic interest under IC 2-2.1-3-2 or IC 33-23-11-15
or a financial disclosure statement under IC 4-2-6-8. The election
division shall require the candidate to produce a:
(1) copy of the statement, file stamped by the office required to
receive the statement of economic interests; or
(2) receipt showing that the statement has been filed;
before the election division accepts the declaration for filing. The
election division shall reject a filing that does not comply with this
subsection.
SECTION 60. IC 3-9-1-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1.5. (a) This section
(1) applies after December 31, 2004; and
(2) does not apply to a national committee of a political party.
(b) For purposes of determining the deadline for filing a statement
of organization under section 3 of this chapter, a committee becomes
a regular party committee when the committee accepts contributions or
makes expenditures during a calendar year:
(1) to influence the election of a candidate for state, legislative, or
local office; and
(2) that total more than one hundred dollars ($100).
SECTION 61. IC 3-9-4-4, AS AMENDED BY P.L.221-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 4. (a) The election division shall develop a filing
and coding system consistent with the purposes of this article. The
election division and each county election board shall use the filing and
coding system. The coding system must provide:
(1) not more than ten (10) codes to account for various campaign
expenditure items; and
(2) a clear explanation of the kinds of expenditure items that must
be accounted for under each code.
(b) The election division shall develop and use a computer system
to store campaign finance reports required to be filed under IC 3-9-5-6,
IC 3-9-5-10, and IC 3-9-5-20.1. The computer system must enable the
election division to do the following:
(1) Identify all candidates or committees that received
contributions from a contributor over the past three (3) years.
(2) Identify all contributors to a candidate or committee over the
past three (3) years.
(3) Provide for electronic submission, retrieval, storage, and
disclosure of campaign finance reports of candidates for the
following:
(A) Legislative office.
(B) State office.
The election division shall provide training at no cost to
candidates to enable candidates described in this subdivision to
file campaign finance reports electronically.
(c) The election division shall notify each candidate's committee
that the election division will provide at the committee's request at no
cost a standardized software program to permit the committee to install
the software on a computer and generate an electronic version of the
reports and statements required to be filed with the election division
under this article. However, the election division is not required to
provide or alter the software program to make the program compatible
for installation or operation on a specific computer.
(d) This subsection applies after December 31, 2005, to the
following committees:
(1) A committee for a candidate seeking election to a state office.
(2) A political action committee that has received more than fifty
thousand dollars ($50,000) in contributions since the close of the
previous reporting period.
The committee must file electronically the report or statement required
under this article with the election division using a standardized
software program supplied to the committee without charge under
subsection (c) or another format approved by the election division. An
electronic filing approved by the election division under this subsection
may not require manual reentry into a computer system of the data
contained in the report or statement in order to make the data available
to the general public under subsection (g).
(e) This subsection applies to an electronic submission under
subsection (b)(3). An electronic submission must be in a format
previously approved by the commission that permits the election
division to print out a hard copy of the report after the receipt of the
electronic submission from the candidate. Filing of a report occurs
under IC 3-5-2-24.5 on the date and at the time electronically recorded
by the election division's computer system. If a discrepancy exists
between the text of the electronic submission and the printed report, the
text of the printed report prevails until an amendment is filed under this
article to correct the discrepancy.
(f) The election division is not required to accept an electronic
submission unless the submission complies with subsection (b)(3).
Upon receiving approval from the commission, the election division
may accept an electronic submission from candidates, committees, or
persons described in subsection (b)(3).
(g) The election division shall make campaign finance reports stored
on the computer system under subsection (b) available to the general
public through an on-line service.
SECTION 62. IC 3-9-5-6, AS AMENDED BY P.L.221-2005,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) This subsection applies to a candidate's
committee other than a candidate's committee of a candidate for a state
office. Except as otherwise provided in this chapter, each committee,
the committee's treasurer, and each candidate shall complete a report
required by this chapter current and dated as of the following dates:
(1) Twenty-five (25) days before the nomination date.
(2) Twenty-five (25) days before the general, municipal, or
special election.
(3) The annual report filed and dated as required by section 10 of
this chapter.
(b) This subsection applies to a regular party committee. Except as
otherwise provided in this chapter, each committee and the committee's
treasurer shall complete a report required by this chapter current and
dated as of the following dates:
(1) Twenty-five (25) days before a primary election.
(2) Twenty-five (25) days before a general, municipal, or special
election.
(3) The date of the annual report filed and dated as required under
section 10 of this chapter.
(c) This subsection applies to a legislative caucus committee.
Except as otherwise provided in this chapter, each committee and the
committee's treasurer shall complete a report required under this
chapter current and dated as of the following dates:
(1) Twenty-five (25) days before a primary election conducted in
an even-numbered year.
(2) Twenty-five (25) days before a general election conducted in
an even-numbered year.
(3) The date of the annual report filed and dated as required under
section 10 of this chapter.
A legislative caucus committee is not required to file any report
concerning the committee's activity during an odd-numbered year other
than the annual report filed and dated under section 10 of this chapter.
(d) This subsection applies to a political action committee. Except
as otherwise provided in this chapter, each committee and the
committee's treasurer shall complete a report required by this chapter
current and dated as of the following dates:
(1) Twenty-five (25) days before a primary election.
(2) Twenty-five (25) days before a general, municipal, or special
election.
(3) The date of the annual report filed and dated as required under
section 10 of this chapter.
(e) This subsection applies to a candidate's committee of a candidate
for a state office. A candidate's committee is not required to file a
report under section 8.2, 8.4, or 8.5 of this chapter. For a year in which
an election to the state office is held, the treasurer of a candidate's
committee shall file the following reports:
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 4.5. (a) Except as provided in section 4.6 of this
chapter, precinct committeemen shall be elected on the first Tuesday
after the first Monday in May 2006 and every four (4) years thereafter.
(b) The rules of a political party may specify whether a precinct
committeeman elected under subsection (a) continues to serve as a
precinct committeeman after the boundaries of the precinct are
changed by a precinct establishment order issued under IC 3-11-1.5.
SECTION 65. IC 3-10-1-4.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 4.6. (a) This section applies to precinct committeemen
elected by the Indiana Republican Party.
(b) Precinct committeemen shall be elected on the first Tuesday
after the first Monday in May 2008 and every four (4) years
thereafter.
(c) The rules of the Indiana Republican Party may specify
whether a precinct committeeman elected under subsection (a)
continues to serve as a precinct committeeman after the
boundaries of the precinct are changed by a precinct establishment
order issued under IC 3-11-1.5.
SECTION 66. IC 3-10-1-7.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7.1. (a) This section
applies after December 31, 2005.
(b) (a) Each county election board shall furnish the inspector of
each precinct for use on primary election day a certified copy under
IC 3-7-29 of the list of all voters registered to vote in the precinct.
(c) (b) The county voter registration office may also provide the
inspector of each precinct in the county a certified photocopy of the
signature on the affidavit or form of registration of each voter of the
precinct for the comparison of signatures under section 24.6 of this
chapter.
(d) (c) If the name of a person offering to vote at the primary is in
the registration record or listed in the certified copy prepared for the
precinct, it is sufficient evidence of the person's right to vote unless the
person is challenged.
SECTION 67. IC 3-10-1-7.2, AS ADDED BY P.L.109-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7.2. (a) Except as provided in subsection (e),
a voter who desires to vote an official ballot at a primary election shall
provide proof of identification.
(b) Except as provided in subsection (e), 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, IC 3-11-8-22.1, the voter may:
(1) sign the poll list; and
(2) receive a provisional ballot.
(e) A voter who votes in person at a precinct polling place that is
located at a state licensed care facility where the voter resides is not
required to provide proof of identification before voting in a primary
election.
SECTION 68. IC 3-10-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8. (a) This subsection
applies before January 1, 2004. A person who will be a voter at the
general election for which the primary is being held and whose name
does not appear on the registration record or on the certified copy of the
registration record in a county with a computerized registration system
may vote if the circuit court clerk or board of registration provides a
signed certificate of error under IC 3-7-48 showing that the person is
a registered voter of the precinct.
(b) This subsection applies after December 31, 2003. A person who
will be a voter at the general election for which the primary is being
held and whose name does not appear on the registration record of the
precinct or on the certified copy of the registration record prepared
under IC 3-7-29 may:
(1) vote if the county voter registration office provides a signed
certificate of error; or
(2) cast a provisional ballot under IC 3-11.7, as provided by 42
U.S.C. 15482.
SECTION 69. IC 3-10-1-10.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 10.5. (a) This section
applies after December 31, 2003.
(b) (a) This section does not apply to a voter who is challenged
under section 10 of this chapter on the basis of party affiliation.
clerks of the precinct on primary election day. 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), the voter's current
residence address.
(3) The name of the voter's party.
(b) 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) 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) 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.
SECTION 73. IC 3-10-1-24.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 24.6. (a) This
section applies after December 31, 2005.
(b) (a) 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 section 7.1 of this chapter. If the board
determines that the voter's signature is authentic, the voter may then
vote.
(c) (b) If either poll clerk doubts the voter's identity following the
comparison of the signatures, 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 or if the voter executes a
challenged voter's affidavit under IC 3-11-8-22, IC 3-11-8-22.1, the
voter may then vote.
SECTION 74. IC 3-10-1-33, AS AMENDED BY P.L.221-2005,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 33. (a) The county election board shall also
make an additional duplicate showing the votes cast for each candidate
required to file a declaration of candidacy with the election division
under IC 3-8-2.
(b) The circuit court clerk shall, not later than noon on the second
Monday following the primary election, send to the election division by
certified mail or hand deliver to the election division one (1) complete
copy of all returns for these candidates.
(c) The circuit court clerk may send the document described in
subsection (b) using the computerized list established under
IC 3-7-26.3. A document sent under this subsection complies with
any requirement for the document to be certified or sealed.
SECTION 75. IC 3-10-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) The county
election board shall conduct elections in towns for town offices or
on public questions submitted to the voters of the town if the town
office or public question will be placed on the ballot during a
general election year.
(b) This subsection applies in a year in which a general election
is not scheduled to be conducted. Except as provided in sections 4, 5,
and 5.5 of this chapter, the town election board established under this
chapter shall conduct municipal or special elections for town offices
that do not coincide with a general election. in towns subject to this
chapter.
SECTION 76. IC 3-10-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. A special election
shall be held in the following cases:
(1) Whenever two (2) or more candidates for a federal, state,
legislative, circuit, or school board office receive the highest and
an equal number of votes for the office, except as provided in
Article 5, Section 5 of the Constitution of the State of Indiana or
in IC 20.
(2) Whenever a vacancy occurs in the office of United States
Senator, as provided in IC 3-13-3-1.
(3) Whenever a vacancy occurs in the office of United States
Representative unless the vacancy occurs less than thirty (30)
days before a general election.
(4) Whenever a vacancy occurs in any local office the filling of
which is not otherwise provided by law.
(5) Whenever required by law for a public question.
(6) Whenever ordered by a court under IC 3-12-8-17 or the state
recount commission under IC 3-12-11-18.
(7) Whenever required under IC 3-13-5 to fill a vacancy in a
legislative office unless the vacancy occurs less than thirty (30)
days before a general election.
SECTION 77. IC 3-10-10-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. If a voter executes an affidavit under this
chapter and is then challenged under IC 3-11-8 as ineligible to vote
in the precinct, the voter shall be provided with a provisional ballot
under IC 3-11.7 rather than a regular official ballot. The affidavit
executed under this chapter serves as a sufficient affidavit for the
voter to receive a provisional ballot under IC 3-11.7.
SECTION 78. IC 3-10-11-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.5. If a voter executes an
affidavit under this chapter and is then challenged under IC 3-10-1
or IC 3-11-8 as ineligible to vote in the precinct, the voter shall be
provided with a provisional ballot under IC 3-11.7 rather than a
regular official ballot. The affidavit executed under this chapter
serves as a sufficient affidavit for the voter to receive a provisional
ballot under IC 3-11.7.
SECTION 79. IC 3-10-11-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. An affidavit
executed under this chapter must contain the following information:
(1) The person's last, first, and middle name, in that order.
(2) The person's birthplace and date of birth.
(3) Whether the person is a United States citizen.
(4) The person's current address, including the county. If the
person resides in a municipality, the address must include the
street address, including apartment number or other designation,
or the name and room number of the hotel or lodging house. If the
person does not reside in a municipality, the address must include
the mailing address and the street or road.
(5) The address of the person's previous residence, including the
county.
(6) The person's statement that the person satisfies the conditions
set forth in section 2 of this chapter.
(7) After December 31, 2005, The person's voter identification
number to permit transfer of the registration under IC 3-7-13-13.
SECTION 80. IC 3-10-12-3.5, AS AMENDED BY P.L.230-2005,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 3.5. After December 31, 2005, The written
affirmation described in section 3.4 of this chapter must include the
person's voter identification number to permit transfer of the
registration under IC 3-7-13-13.
must state that the election division finds that the proposed precincts
would comply with the standards set forth in this chapter. The election
division shall promptly provide a copy of the order to the county
executive.
(c) The county executive must give notice of the proposed order to
the voters of the county by one (1) publication under IC 5-3-1-4. The
notice must state the following:
(1) The name of each existing precinct whose boundaries would
be changed by the adoption of the proposed order by the county.
(2) That any registered voter of the county may object to the
proposed order by filing a sworn statement with the election
division setting forth the voter's specific objections to the
proposed order and requesting that a hearing be conducted by the
commission under IC 4-21.5.
(3) The mailing address of the election division.
(4) The deadline for filing the objection with the election division
under this section.
(d) An objection to a proposed precinct establishment order must be
filed not later than noon ten (10) days after the publication of the notice
by the county executive.
(e) If an objection is not filed with the election division by the date
and time specified under subsection (d), the election division shall
promptly notify the county executive. The county executive may
proceed immediately to adopt the proposed order.
(f) If an objection is filed with the election division by the date and
time specified under subsection (d), the election division shall
promptly notify the county executive. The county executive may not
adopt the proposed order until the commission conducts a hearing
under IC 4-21.5 and determines whether the proposed precincts would
comply with the standards set forth in this chapter.
(g) If the co-directors determine that the expiration of the ten
(10) day period described in subsection (d) will occur:
(1) after the next period specified under section 25 of this
chapter begins; or
(2) without sufficient time for a county or an objector to
receive notice of a hearing before the commission concerning
an objection before the next period specified under section 25
of this chapter begins;
the co-directors may request a hearing before the commission
under section 21 of this chapter and notify the county executive of
the request.
SECTION 84. IC 3-11-1.5-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 21. (a) If the county
executive believes that the proposed order described by section 19 of
this chapter complies with this chapter, the county executive may
resubmit the order to the co-directors and request a hearing before the
commission.
(b) The co-directors may request a hearing before the
commission under section 18(g) of this chapter.
(c) The hearing under this section shall be conducted in accordance
with IC 4-21.5.
(b) (d) If the commission determines that the proposed precinct
establishment order complies with this chapter, the co-directors shall
advise the county executive that the order complies with this chapter
and may be issued by the county executive.
SECTION 85. IC 3-11-1.5-27, AS AMENDED BY P.L.221-2005,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 27. (a) Not later than fourteen (14) days following
notice of final approval of a precinct establishment order by the
commission under section 18(f) of this chapter, the county executive
shall give notice of the approval by one (1) publication under
IC 5-3-1-4.
(b) The county executive shall file one (1) copy of the notice
published under subsection (a) with the co-directors.
SECTION 86. IC 3-11-1.5-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 29. The county
executive shall file
(1) one (1) copy of the order approved under section 26 of this
chapter with the circuit court clerk or board of registration; and
(2) one (1) copy of the notice published under section 27 of this
chapter with the co-directors;
no each of the following not later than forty-five (45) days after the
notice is published under section 27 of this chapter:
(1) The county voter registration office.
(2) The county auditor.
SECTION 87. IC 3-11-2-0.5, AS ADDED BY P.L.58-2005,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 0.5. (a) This chapter applies only to paper ballots.
(b) This chapter does not apply to:
(1) an electronic voting system; or
(2) an optical scan voting system.
(c) This chapter does not apply to a punch card ballot voting system.
This subsection expires December 31, 2005.
SECTION 88. IC 3-11-2-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2.1. (a) This section
applies after December 31, 2004.
(b) Each county election board shall have the:
(1) names of all candidates for election to offices or retention in
offices; and
(2) state and local public questions;
in election districts wholly or partially within the county printed on a
ballot as provided in this chapter. The county may print all offices on
a single ballot under this section.
SECTION 89. IC 3-11-2-12.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12.7. (a) This section
applies to candidates for election to at-large seats on the fiscal or
legislative body of a political subdivision.
(b) Candidates shall be listed in alphabetical order according to
surname within each row or column on the ballot.
(c) In each row or column on the ballot in which the names of
candidates appear, the ballot shall contain a statement reading
substantially as follows above the name of the first candidate: "Vote for
not more than (insert number of candidates to be elected) candidates of
ANY party or ticket for this office.".
(d) If more than one (1) candidate for an at-large seat was
nominated by the same petition of nomination, these candidates shall
be listed in alphabetical order by surname within the same row or
column on the ballot, with the position of the row or column being
determined under section 6 of this chapter.
SECTION 90. IC 3-11-3-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 16. (a) This subsection
applies before January 1, 2006. Each county election board shall
prepare and have delivered to the inspectors of the precincts, at the
time they receive the ballots for their precincts, a suitable number of
blank poll list sheets and any other forms, papers, certificates, and
oaths that are required to be furnished to precinct election boards. The
forms and papers must have proper captions. The county voter
registration office shall cooperate with the county election board in the
preparation of the poll lists.
(b) This subsection applies after December 31, 2005. Each county
election board shall prepare and have delivered to the inspectors of the
precincts, at the time they receive the ballots for their precincts, a
suitable number of voter registration lists certified under IC 3-7-29 and
any other forms, papers, certificates, and oaths that are required to be
furnished to precinct election boards. The forms and papers must be
prepared in compliance with IC 3-5-4-8. The county voter registration
office shall cooperate with the county election board in the preparation
of the lists certified under IC 3-7-29.
SECTION 91. IC 3-11-3-22, AS AMENDED BY P.L.221-2005,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 22. (a) Each county election board shall have
printed in at least 14 point type on cards in English, braille, and any
other language that the board considers necessary, the following:
(1) Instructions for the guidance of voters in preparing their
ballots.
(2) Instructions explaining the procedure for write-in voting.
(3) Write-in voting notice cards that must be posted in each
precinct that utilizes a ballot card voting system that does not
permit a voter to alter the voter's ballot after making a voting
mark for a write-in voting. candidate so that the voter may
vote for a candidate for that office whose name appears on the
ballot.
(b) The write-in notice cards described in subsection (a)(3) must
direct inform all voters that a voter:
(1) who want wants to cast write-in votes to request a write-in
ballot from an election official. may cast the voter's ballot on
the voting system required to be available to all voters in the
precinct under IC 3-11-15-13.3(e); and
(2) may choose to cast the voter's ballot on the voting system
described in subdivision (1) without being required to indicate
to any individual that the voter wishes to cast a ballot on the
voting system because the voter intends to cast a ballot for a
write-in candidate.
(b) (c) The board shall furnish the number of cards it determines to
be adequate for each precinct to the inspector at the same time the
board delivers the ballots for the precinct and shall furnish a magnifier
upon request to a voter who requests a magnifier to read the cards.
SECTION 92. IC 3-11-4-17.5, AS AMENDED BY P.L.103-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 17.5. (a) Upon receiving an application for an
absentee ballot, the county election board (or the absentee voter board
in the office of the circuit court clerk) shall determine if:
(1) the applicant is a voter of the precinct in which the applicant
resides, according to the records of the county voter registration
office;
(2) the information set forth on the application appears to be true;
and
(3) the application has been completed and filed in accordance
with Indiana and federal law.
If the members of the absentee voter board are unable to agree about
any of the determinations described in subdivisions (1) through (3), the
issue shall be referred to the county election board for determination.
If the application is submitted by a voter wanting to cast an absentee
ballot under IC 3-11-10-26, the voter shall be permitted to cast an
absentee ballot, and the voter's absentee ballot shall be treated as a
provisional ballot.
(b) If:
(1) the applicant is not a voter of the precinct according to the
registration record; or
(2) the application as completed and filed:
(A) contains a false statement; or
(B)
does not otherwise comply with Indiana or federal law;
as alleged under section 18.5 of this chapter, the county election board
shall deny the application.
(c) This subsection applies to an absentee ballot application
submitted by an absent uniformed services voter or an overseas voter.
In accordance with 42 U.S.C. 1973ff-1(d), if the application is denied,
the county election board shall provide the voter with the reasons for
the denial of the application. Unless the voter is present when the board
denies the application, the board shall send a written notice stating the
reasons for the denial to the voter. The notice must be sent:
(1) not later than forty-eight (48) hours after the application is
denied; and
(2) to the voter at the address at which the voter requested that the
absentee ballot be mailed.
(d) If the county election board determines that the applicant is a
voter of the precinct under subsection (a), the board shall then
determine whether:
(1) the applicant was required to file any additional
documentation under IC 3-7-33-4.5; and
(2) the applicant has filed this documentation according to the
records of the county voter registration office.
If the applicant has not filed the required documentation, the county
election board shall approve the application if the application otherwise
complies with this chapter. The board shall add a notation to the
application and to the record compiled under section 17 of this chapter
indicating that the applicant will be required to provide additional
documentation to the county voter registration office under
IC 3-7-33-4.5 before the absentee ballot may be counted.
(e) If the applicant:
number, and if applicable, the voter's residential address thirty
(30) days before the election, and the date the voter moved.
(8) A statement that the voter understands that making a false
statement on the affidavit is punishable under the penalties of
perjury.
(9) After December 31, 2003, If the individual's name does not
appear on the registration list, and the individual is not entitled 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, a statement that the individual
registered to vote and where the individual believes the individual
registered to vote during the registration period described by:
(A) IC 3-7-13-10; or
(B)
IC 3-7-36-11, if the voter registered under that section.
SECTION 99. IC 3-11-8-23.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 23.5. (a) This section
applies after December 31, 2003.
(b) In accordance with 42 U.S.C. 15482, a voter challenged under
section 21 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.
SECTION 100. IC 3-11-8-25.1, AS AMENDED BY P.L.109-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 25.1. (a) This section applies after December
31, 2005.
(b) (a) Except as provided in subsection (f), (e), a voter who desires
to vote an official ballot at an election shall provide proof of
identification.
(c) (b) Except as provided in subsection (f), (e), 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) (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.
(e) (d) If the voter executes a challenged voter's affidavit under
section 22 section 22.1 of this chapter, the voter may:
(1) sign the poll list; and
voter's current residence address may check the box instead of writing
the voter's current residence address on the poll list.
SECTION 101. IC 3-11-8-25.2, AS AMENDED BY P.L.109-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 25.2. (a) This section applies after December 31,
2005.
(b) (a) 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) section 25.1(a) of this
chapter, a piece of identification described in subsection (c) (b) to the
poll clerk.
(c) (b) As required by 42 U.S.C. 15483, and in addition to the proof
of identification required by section 25.1(b) section 25.1(a) 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) (c) If a voter presents a document under subsection (c), (b), 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) (d) If a voter required to present documentation under subsection
(c) (b) 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) (e) 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.
SECTION 102. IC 3-11-8-25.5, AS AMENDED BY P.L.109-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: 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 section 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.
SECTION 103. IC 3-11-8-26.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 26.1. (a) This section
applies after December 31, 2005.
(b) (a) If a voter:
(1) cannot sign; or
(2) is a voter with a disability that makes it difficult for the voter
to sign;
the voter's name and address, the poll clerks shall, by proper
interrogation, satisfy themselves that the voter is the person the voter
represents the voter to be.
(c) (b) If satisfied as to the voter's identity under subsection (b), (a),
one (1) of the poll clerks shall then place the following on the poll list:
(1) The voter's name.
(2) Except as provided in subsection (f), (e), the voter's current
residence address.
(d) (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 or
update a voter identification number at the polls.
(e) (d) The poll clerk shall then add the clerk's initials in
parentheses, after or under the signature. The voter then may vote.
(f) (e) 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 the poll clerk may check the box to indicate that
the residence address shown on the poll list is the voter's current
residence address instead of writing the voter's current residence
address on the poll list.
SECTION 104. IC 3-11-8-27.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 27.5. (a) This section
applies after December 31, 2003.
person who knowingly violates this subsection commits
obstruction or interference with an election officer in the
discharge of the officer's duty, a violation of IC 3-14-3-4.
(d) The county election board, by unanimous vote of the board's
entire membership, may authorize an absentee voter board to visit a
voter who is confined due to illness or injury and will be outside of the
county on election day in accordance with the procedures set forth in
subsection (b).
(e) This subsection applies after December 31, 2005. 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.
(f) This subsection applies after December 31, 2005. 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.
(g) This subsection applies to a voter who applies to vote an
absentee ballot by mail. The county election board shall include a copy
of the Absentee Voter's Bill of Rights with any absentee ballot mailed
to the voter.
SECTION 109. IC 3-11-10-26, AS AMENDED BY P.L.103-2005,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: 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. The application must be received by the
circuit court clerk not later than the time prescribed by IC 3-11-4-3.
(c) 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) 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) This subsection applies after December 31, 2005. 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
by 42 U.S.C. 15481, a voter casting a paper ballot under this section
must be:
(1) permitted to verify in a private and an 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.
SECTION 113. IC 3-11-13-4.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4.5. (a) This section
applies after December 31, 2005.
(b) As required by 42 U.S.C. 15481, an election board must
establish a voter education program to notify a voter of the effect of
casting multiple ballots for a single office on an optical scan ballot card
tabulated at a central location.
SECTION 114. IC 3-11-13-11, AS AMENDED BY P.L.58-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 11. (a) The ballot information, whether placed on
the ballot card or on the marking device, must be in the order of
arrangement provided for ballots under this section.
(b) Each county election board shall have the names of all
candidates for all elected offices, political party offices, and public
questions printed on a ballot card as provided in this chapter. The
county may:
(1) print all offices and questions on a single ballot card; and
(2) include a ballot variation code to ensure that the proper
version of a ballot is used within a precinct.
(c) Each type of ballot card must be of uniform size and of the same
quality and color of paper (except as permitted under IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate
or independent ticket (described in IC 3-11-2-6) nominated by
petitioners shall be listed on the ballot with the name and device set
forth on the certification or petition. The circle containing the device
may be of any size that permits a voter to readily identify the device.
IC 3-11-2-5 applies if the certification or petition does not include a
name or device, or if the same device is selected by two (2) or more
parties or petitioners.
(e) The offices on the general election ballot must be placed on the
ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.2,
IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-13(a)
through IC 3-11-2-13(c), IC 3-11-2-14(a), and IC 3-11-2-14(d). The
offices and public questions may be listed in a continuous column
either vertically or horizontally and on a number of separate pages.
However, school board offices, public questions concerning the
retention of a justice or judge, local nonpartisan judicial offices, and
local public questions must be placed at the beginning of separate
columns.
(f) The name of each office must be printed in a uniform size in bold
type. A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the highest
number of votes in the county for secretary of state at the last
election is listed first.
(2) The major political party whose candidate received the second
highest number of votes in the county for secretary of state is
listed second.
(3) All other political parties listed in the order that the parties'
candidates for secretary of state finished in the last election are
listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of
state in the last election or a nominee is an independent candidate
or independent ticket (described in IC 3-11-2-6), the party or
candidate is listed after the parties described in subdivisions (1),
(2), and (3).
(5) If more than one (1) political party or independent candidate
or ticket described in subdivision (4) qualifies to be on the ballot,
the parties, candidates, or tickets are listed in the order in which
the party filed its petition of nomination under IC 3-8-6-12.
(6) A space for write-in voting is placed after the candidates listed
in subdivisions (1) through (5), if required by law.
(7) The name of a write-in candidate may not be listed on the
ballot.
(h) The names of the candidates grouped in the order established by
subsection (g) must be printed in type with uniform capital letters and
have a uniform space between each name. The name of the candidate's
political party, or the word "Independent" if the:
(1) candidate; or
(2) ticket of candidates for:
(A)
President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name
of the candidate and must be printed in a uniform size and type.
(i) All the candidates of the same political party for election to
at-large seats on the fiscal or legislative body of a political subdivision
must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the order established by subsection (g); and
(3) within the political party, in alphabetical order according to
surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body
of a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking;
and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(k) The following information must be placed at the top of the ballot
before the first office is listed:
(1) The cautionary statement described in IC 3-11-2-7.
(2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(c),
and IC 3-11-2-10(d).
(l) The ballot must include a single connectable arrow, circle, oval,
or square, or a voting position for voting a straight party or an
independent ticket (described in IC 3-11-2-6) by one (1) mark as
required by section 14 of this chapter, and the single connectable
arrow, circle, oval, or square, or the voting position for casting a
straight party or an independent ticket ballot must be identified by:
(1) the name of the political party or independent ticket
(described in IC 3-11-2-6); and
(2) immediately below or beside the political party's or
independent ticket's name, the device of that party or ticket
(described in IC 3-11-2-5).
The name and device of each political party or independent ticket must
be of uniform size and type and arranged in the order established by
subsection (g) for listing candidates under each office. The instructions
described in IC 3-11-2-10(b) for voting a straight party ticket and the
statement concerning presidential electors required under IC 3-10-4-3
may be placed on the ballot beside or above the names and devices
within the voting booth in a location that permits the voter to easily
read the instructions.
(m) A public question must be in the form described in
IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
arrow, a circle, or an oval may be used instead of a square. Except as
expressly authorized or required by statute, a county election board
may not print a ballot card that contains language concerning the public
question other than the language authorized by a statute.
(n) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to optical scan ballots.
(o) The procedure described in IC 3-11-2-16 must be used when a
ballot does not comply with the requirements imposed by this title or
contains another error or omission that might result in confusion or
mistakes by voters.
(p) This subsection applies to an optical scan ballot that does not
list:
(1) the names of political parties or candidates; or
(2) the text of public questions;
on the face of the ballot. The ballot must be prepared in accordance
with this section, except that the ballot must include a numbered circle
or oval to refer to each political party, candidate, or public question.
(q) This subsection:
(1) applies to a punch card ballot voting system; and
(2) expires December 31, 2005.
Except as otherwise provided in this chapter, a punch card ballot must
include a numbered box and chad in the locations and in the layout
specified by this section for connectable arrows, circles, ovals, or
squares.
SECTION 115. IC 3-11-13-28.5, AS AMENDED BY P.L.221-2005,
SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 28.5. (a) Unless challenged, a voter may proceed
to vote.
(b) As each successive voter calls for a ballot, the poll clerks shall
deliver to the voter the first initialed ballot of each type. The inspector
shall then deliver to the poll clerks another ballot of each type, which
the clerks shall initial as before.
(c) This subsection applies after December 31, 2005, to an optical
scan ballot card ballot tabulated at a central location. As provided by
42 U.S.C. 15481, when a voter receives an optical scan ballot card
ballot, 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.
SECTION 116. IC 3-11-13-29, AS AMENDED BY P.L.221-2005,
SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 29. (a) In addition to the instructions printed on
the ballot card or ballot labels, instructions to voters shall be posted in
each voting booth or placed on the marking device. Each voter shall be
instructed by both judges, on request, on how to operate the voting
device before the voter enters the voting booth.
(b) The instructions posted in the voting booth or placed on the
marking device must state the following:
(1) That the voter should examine the ballot card to determine if
it contains the initials of the poll clerks in ink on the back of the
card.
(2) That the voter should not make an unnecessary mark on the
ballot card because the mark may void the card.
(3) That the voter should examine the ballot card to determine if
the card has any mark (other than the initials of the poll clerks)
before voting.
(4) That the voter should return the ballot card to the poll clerks
and request another ballot card if:
(A)
the poll clerks' initials have not been properly placed on
the card;
(B)
the card has a mark (other than the initials of the poll
clerks) before the voter places a voting mark on the ballot; or
(C) the voter has improperly marked the card.
(5) That the voter should examine the ballot card after voting to
determine that all marks made on the card to indicate the voter's
selections have been completely marked.
(c) This subsection applies after December 31, 2005. As provided
by 42 U.S.C. 15481, a voter casting an optical scan ballot card under
this section must be:
(1) permitted to verify in a private and an independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided 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.
SECTION 117. IC 3-11-14-23, AS AMENDED BY P.L.58-2005,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 23. (a) This section is enacted to comply with 42
U.S.C. 15481 by establishing uniform and nondiscriminatory standards
to define what constitutes a vote on an electronic voting system.
(b) If a voter is not challenged by a member of the precinct election
board, the voter may pass the railing to the side where an electronic
voting system is and into the voting booth. There the voter shall
register the voter's vote in secret by indicating:
(1) the candidates for whom the voter desires to vote by touching
a device on or in the squares immediately above the candidates'
names;
(2) if the voter intends to cast a write-in vote, a write-in vote by
touching a device on or in the square immediately below the
candidates' names and printing the name of the candidate in the
window provided for write-in voting; and
(3) the voter's preference on each public question by touching a
device above the word "yes" or "no" under the question.
(c) If an election is a general or municipal election and a voter
desires to vote for all the candidates of one (1) political party or group
of petitioners, the voter may cast a straight party ticket by touching that
party's device. The voter's vote shall then be counted for all the
candidates under that name. However, if the voter casts a vote by
touching the circle of an independent ticket comprised of two (2)
candidates, the vote shall not be counted for any other independent
candidate on the ballot.
(d) After December 31, 2005, As provided by 42 U.S.C. 15481, a
voter casting a ballot on an electronic voting system must be:
(1) permitted to verify in a private and an independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided 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.
SECTION 118. IC 3-11-15-13.3, AS AMENDED BY P.L.221-2005,
SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13.3. (a) This section applies after December
31, 2005.
(b) (a) To be approved by the commission for use in Indiana, a
voting system must meet the Voting System Standards adopted by the
Federal Election Commission on April 30, 2002.
(c) (b) A county may continue to use an optical scan ballot card
voting system or an electronic voting system whose approval or
certification expired on or before October 1, 2005, if the voting system:
(1) was:
(A)
approved by the commission for use in elections in Indiana
before July 1, 2003; October 1, 2005; and
(B) purchased by the county before July 1, 2003; October 1,
2005; and
(2) otherwise complies with the applicable provisions of HAVA
and this article.
However, a voting system vendor may not market, sell, lease, or install
a voting system described in this subsection.
(d) (c) As provided by 42 U.S.C. 15481, to be used in an election in
Indiana, a voting system must be accessible for individuals with
disabilities, including nonvisual accessibility for the blind and visually
impaired, in a manner that provides the same opportunity for access
and participation (including privacy and independence) as for other
voters.
(e) (d) As provided by 42 U.S.C. 15481, an election board
conducting an election satisfies the requirements of subsection (d) (c)
if the election board provides at least one (1) electronic voting system
or other voting system equipped for individuals with disabilities at each
polling place.
(f) (e) If a voter who is otherwise qualified to cast a ballot in a
precinct chooses to cast the voter's ballot on the voting system provided
under subsection (e), (d), the voter must be allowed to cast the voter's
ballot on that voting system, whether or not the voter is an individual
with disabilities.
SECTION 119. IC 3-11-18 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 18. Vote Centers
Sec. 1. This chapter applies to a county designated as a vote
center pilot county under this chapter.
Sec. 2. The secretary of state may designate a county as a vote
center pilot county under this chapter.
Sec. 3. (a) For a county to be designated a vote center pilot
county:
(1) the county election board (or board of elections and
registration established under IC 3-6-5.2 or IC 3-6-5.4), by
unanimous vote of the entire membership of the board, must
approve the filing of an application to be designated a vote
center pilot county;
(2) all members of the board must sign the application; and
(3) the application must be filed with the secretary of state.
(b) The application must include:
(1) a resolution adopted by the county executive; and
(2) a resolution adopted by the county fiscal body;
approving the submission of the application.
Sec. 4. The application must include a plan for the
administration of vote centers in the county. The plan must include
at least the following:
(1) The total number of vote centers to be established.
(2) The location of each vote center, and the municipality, if
any, in which the vote center is located.
(3) A list of each municipality within the county that is
entitled to conduct a municipal primary or municipal election,
as of the date of the application.
(4) The total number of voters within each municipality, as of
the date of the application, and the number of those voters
within each municipality designated as "active" and
"inactive" according to the county voter registration office.
(5) For each vote center designated under subdivision (2), a
list of the precincts whose polls will be located at the vote
center.
(6) For each vote center designated under subdivision (2), the
number of precinct election boards that will be appointed to
administer an election at the vote center.
(7) For each precinct election board designated under
subdivision (6), the number and name of each precinct the
precinct election board will administer.
(8) For each vote center designated under subdivision (2), the
number and title of the precinct election officers who will be
appointed to serve at the vote center.
(9) For each vote center designated under subdivision (2):
(A)
the number and type of ballot variations that will be
provided at the vote center; and
(B) whether these ballots will be:
(i)
delivered to the vote center before the opening of the
polls; or
(ii)
printed on demand for a voter's use.
(10) A detailed description of any hardware, firmware, or
software used:
(A)
to create an electronic poll list for each precinct whose
polls are to be located at a vote center; or
(B)
to establish a secure electronic connection between the
county election board and the precinct election officials
administering a vote center.
(11) A description of the equipment and procedures to be used
to ensure that information concerning a voter entered into
any electronic poll list used by precinct election officers at a
vote center is immediately accessible to:
(A) the county election board; and
(B) the electronic poll lists used by precinct election
officers at all other vote centers in the county.
(12) For each precinct designated under subdivision (5), the
number of electronic poll lists to be provided for the precinct.
(13) The security and contingency plans to be implemented by
the county to:
(A) prevent a disruption of the vote center process; and
(B) ensure that the election is properly conducted if a
disruption occurs.
(14) A certification that the vote center complies with the
accessibility requirements applicable to polling places under
IC 3-11-8.
(15) A sketch depicting the planned layout of the vote center,
indicating the location of:
(A) equipment; and
(B) precinct election officers;
within the vote center.
(16) The total number of vote centers to be established at
satellite offices that are established under IC 3-11-10-26.3 to
allow voters to cast absentee ballots in accordance with
IC 3-11.
or IC 3-11; or
(2) omit precinct election officers under IC 3-6-6-38 at a
specified precinct;
is suspended during the period that the voters of that precinct are
entitled to cast a ballot at a vote center.
(b) An order suspended under subsection (a) is revived and in
full force and effect without further action by a county when the
voters of that precinct are no longer entitled to cast a ballot at a
vote center under this chapter.
Sec. 11. Except as otherwise provided by this chapter, the
county shall administer an election conducted at a vote center in
accordance with federal law, this title, and the plan submitted with
the application under section 4 of this chapter.
Sec. 12. Notwithstanding any other law, a voter who resides in
a vote center pilot county is entitled to cast an absentee ballot at a
vote center located at a satellite office of the county election board
established under IC 3-11-10-26.3 in the same manner and subject
to the same restrictions applicable to a voter wishing to cast an
absentee ballot before an absentee board located in the office of the
circuit court clerk or board of elections and registration.
Sec. 13. Notwithstanding any other law, the electronic poll list
used at each vote center:
(1) must be capable of capturing an electronic image of the
signature of a voter on the list; and
(2) may be in a format approved by the secretary of state.
Sec. 14. Notwithstanding any other law, including IC 3-11-8-2
and IC 3-14-2-11, a voter who resides in a vote center pilot county
is entitled to cast a ballot at any vote center established in the
county without regard to the precinct in which the voter resides.
Sec. 15. (a) In addition to the precinct election officers appointed
under IC 3-6-6, a county election board by the unanimous vote of
the entire membership may appoint one (1) or more greeters to:
(1) direct voters entering the vote center to the appropriate
location for the voters to sign the electronic poll list; and
(2) provide other instructions to facilitate the efficient
movement of individuals within the vote center.
(b) An individual appointed as a greeter under this section must
bear credentials issued by the county election board stating the
name of the individual and the individual's status as a greeter.
Sec. 16. The precinct election board administering an election
at a vote center shall keep the ballots cast in each precinct separate
from the ballots cast in any other precinct whose election is
administered at the vote center, so that the votes cast for each
candidate and on each public question in each of the precincts
administered by the board may be determined.
Sec. 17. (a) The secretary of state may permit a county to amend
a plan submitted under section 4 of this chapter.
(b) For a county to amend its plan:
(1) the county election board (or board of elections and
registration established under IC 3-6-5.2 or IC 3-6-5.4), by
unanimous vote of the entire membership of the board, must
approve the filing of a request to amend the plan;
(2) all members of the board must sign the request; and
(3) the request must be filed with the secretary of state.
(c) The request for amendment must set forth the specific
amendments proposed to be made to the plan.
Sec. 18. The designation of a county as a vote center pilot county
may be revoked by the secretary of state:
(1) following the filing of a request for revocation approved by
the unanimous vote of the entire membership of the county
election board (or board of elections and registration
established under IC 3-6-5.2 or IC 3-6-5.4) and signed by all
members of the board; or
(2) upon a determination by the secretary of state that the
administration of the vote center pilot program within the
county does not comply with:
(A) federal or state law; or
(B) the plan submitted under section 4 of this chapter.
Sec. 19. Notwithstanding IC 4-22-2, the secretary of state may
adopt guidelines to administer the pilot program under this
chapter.
Sec. 20. This chapter expires December 31, 2009.
SECTION 120. IC 3-11.5-4-16, AS AMENDED BY P.L.109-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: 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.
(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.
(d) If a proper affidavit by a qualified person in the form required by
IC 3-11-8-22 IC 3-11-8-22.1 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.
(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.
SECTION 121. IC 3-11.7-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: 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 challenged under IC 3-10-1
or IC 3-11-8 after the voter makes an oral or a written
affirmation under IC 3-7-48-5 or IC 3-7-48-7 or after the
voter produces a certificate of error 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;
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.
(d) A precinct election officer shall inform an individual described
by subsection (a)(3) that the individual may cast a provisional ballot.
after the voter was challenged solely because the voter was unable
or declined to provide proof of identification and not for any other
reason. If the voter later complies with the requirements of this
title for proof of identification, the provisional ballot cast by the
voter shall be counted in accordance with sections 2 and 2.5 of this
chapter.
(f) This subsection applies to a provisional ballot cast by a voter
after the voter was challenged for any reason except the voter's
inability or declination to provide proof of identification. If the
only evidence before the county election board on the question of
counting of the provisional ballot cast by the voter is:
(1) the affidavit of the voter who cast the provisional ballot;
and
(2) the affidavit of a challenger challenging the voter who cast
the provisional ballot;
the provisional ballot shall be counted.
SECTION 124. IC 3-12-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 7. (a) If This
subsection applies whenever a voter:
(1) votes a straight party ticket; and also
(2) votes only for one (1) or more individual candidates who are
all of the same political party as the straight ticket vote.
The straight ticket vote shall be counted and the individual candidate
votes may not be counted.
(b) The vote for an office on a ballot shall be counted in accordance
with This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party;
(2) only one (1) person may be elected to that an office; and
(3) the voter has voted for one (1) or more individual candidates
candidate for the office described in subdivision (2) who are in
is:
(A) a candidate of a political party other than the party for
which the voter voted a straight ticket; or
(B) an independent candidate for the office.
If the voter has voted for one (1) individual candidate for the office
described in subdivision (2), the individual candidate vote for that
office shall be counted, the straight party ticket vote for that office may
not be counted, and the straight party ticket votes for other offices on
the ballot shall be counted. If
(c) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates
of one (1) political party; and
(2) the voter has voted for more than one (1) individual candidate
candidates for the office described in subdivision (2), than the
number of persons to be elected to that office.
The individual candidate votes for that office may not be counted, the
straight party ticket vote for that office may not be counted, and the
straight party ticket votes for other offices on the ballot shall be
counted.
(c) If there is an office to which more than one (1) person can be
elected, and a voter votes a straight party ticket and then votes both for
individual candidates in the same political party as the straight ticket
vote and in a different party for that office, or votes for only individuals
in a different party for that office, the individual candidate votes shall
be counted and the straight ticket votes for that office may not be
counted. However, if the number of individual candidate votes for that
office exceeds the number of openings for that office, none of the votes
concerning that office may be counted.
(d) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates
of one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the office
described in subdivision (2) who are:
(A) independent candidates;
(B)
candidates of a political party other than the political
party for which the voter cast a straight party ticket under
subdivision (1); or
(C) a combination of candidates described in clauses (A)
and (B).
The individual votes cast by the voter for the office for the
independent candidates and the candidates of a political party
other than the political party for which the voter cast a straight
party ticket shall be counted. The straight party ticket vote cast by
that voter for that office shall be counted unless the total number
of votes cast for the office by the voter, when adding the voter's
votes for the individual candidates for the office and the voter's
straight party ticket votes for the office, is greater than the number
of persons to be elected to the office. If the total number of votes
cast for the office is greater than the number of persons to be
elected to the office, the straight party ticket votes for the office
may not be counted. The straight party ticket votes for other
offices on the voter's ballot shall be counted.
(e) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates
of one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the office
described in subdivision (2) who are:
(A) independent candidates or candidates of a political
party other than the political party for which the voter cast
a straight party ticket under subdivision (1); and
(B) candidates of the same political party for which the
voter cast a straight party ticket under subdivision (1).
The individual votes cast by the voter for the office for the
independent candidates and the candidates of a political party
other than the political party for which the voter cast a straight
party ticket shall be counted. The individual votes cast by the voter
for the office for the candidates of the same political party for
which the voter cast a straight party ticket may not be counted.
The straight party ticket vote cast by that voter for that office shall
be counted unless the total number of votes cast for the office by
the voter, when adding the voter's votes for the individual
candidates for the office and the voter's straight party ticket vote
for the office is greater than the number of persons to be elected to
the office. If the total number of votes cast for the office is greater
than the number of persons to be elected to the office, the straight
party ticket votes for that office may not be counted. The straight
party ticket votes for other offices on the voter's ballot shall be
counted.
(d) (f) If a voter votes a straight party ticket for more than one (1)
political party, the whole ballot is void with regard to all candidates
nominated by a political party or designated as independent candidates
on the ballot. However, the voter's vote for a school board candidate or
on a public question shall be counted if otherwise valid under this
chapter.
(e) (g) If a voter does not vote a straight party ticket and the number
of votes cast by that voter for the candidates for an office are less than
or equal to the number of openings for that office, the individual
candidates votes shall be counted.
(f) (h) If a voter does not vote a straight party ticket and the number
of votes cast by that voter for an office exceeds the number of openings
for that office, none of the votes concerning that office may be counted.
SECTION 125. IC 3-12-1-17 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 17. (a) This section applies
only to an absentee ballot sent by mail.
(b) Notwithstanding IC 3-11-10-14 and IC 3-11.5-4-10, an
absentee ballot received from an overseas voter is not considered
as arriving too late if both of the following apply:
(1) The absentee ballot envelope is postmarked not later than
the date of the election.
(2) The absentee ballot is received not later than the deadline
for counting provisional ballots under IC 3-11.7-5-1.
(c) If the postmark on the absentee ballot envelope is unclear,
the county election board, by unanimous vote of the entire
membership of the board, determines the postmark date. If the
board is unable to determine the postmark date, the absentee ballot
may not be counted.
SECTION 126. IC 3-12-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. A candidate who
is nominated or elected to an office at an election on the face of the
election returns may file a verified cross-petition for a recount no later
than noon fourteen (14) twenty-one (21) days after election day. If a
petition for a recount is filed for an office for which voters in more than
one (1) county vote, a cross-petition for a recount may be filed in a
county other than the one in which the first petition was filed.
SECTION 127. IC 3-12-9-4, AS AMENDED BY P.L.230-2005,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) The fiscal body of a political
subdivision that receives notice under section 3 of this chapter shall
resolve the tie vote by electing a person to fill the office not later than
December 31 following the election (or not later than June 30
following the election of a school board member in May) at which the
tie vote occurred. The fiscal body shall select one (1) of the candidates
who was involved in the tie vote to fill the office.
(b) If a tie vote has occurred in an election for a circuit office in a
circuit that contains more than one (1) county, the fiscal bodies of the
counties shall meet in joint session at the county seat of the county that
contains the greatest percentage of population of the circuit to select
one (1) of the candidates who was involved in the tie vote in order to
fill the office in accordance with this section.
(c) If a tie vote has occurred for the election of more than one (1)
at-large seat on a legislative or fiscal body, the fiscal body shall select
the number of individuals necessary to fill each of the at-large seats for
which the tie vote occurred. However, a member of a fiscal body who
runs for reelection and is involved in a tie vote may not cast a vote
under this section.
(d) The executive of the political subdivision (other than a town or
a school corporation) may cast the deciding vote to break a tie vote in
a fiscal body acting under this section. The clerk-treasurer of the town
may cast the deciding vote to break a tie vote in a town fiscal body
acting under this section. A tie vote in the fiscal body of a school
corporation under this section shall be broken under IC 20-4-1-26.5 or
IC 20-4-8-8. IC 20-23.
SECTION 128. IC 3-12-11-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. A candidate who
is nominated or elected to an office at an election on the face of the
election returns may file a verified cross-petition for a recount with the
election division not later than noon fourteen (14) twenty-one (21)
days after election day.
SECTION 129. IC 3-12-12-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. A voter who
desires a recount under this chapter must file a verified petition no later
than noon seven (7) fourteen (14) days after election day. The petition
must be filed:
(1) in the circuit court of each county in which is located a
precinct in which the voter desires a recount; and
(2) with the election division.
SECTION 130. IC 3-13-5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 0.1. (a) This chapter applies only
to a vacancy in a legislative office that was last held by a person
elected or selected as a candidate of a major political party of the
state.
(b) A vacancy in a legislative office that was last held by a
person elected or selected as a candidate of a political party
described by IC 3-8-4-10 shall be filled by the state committee of
the political party. The state chairman of the party shall certify the
selection of an individual to fill the vacancy in the manner
prescribed under section 6 of this chapter.
(c) A vacancy in a legislative office that was last held by a
person not described in subsection (a) or (b) shall be filled by a
special election held as provided in IC 3-10-8.
SECTION 131. IC 3-14-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. A person who
knowingly, intentionally, or recklessly releases or removes any
registration materials or after December 31, 2005, information
contained in the computerized list maintained under IC 3-7-26.3 from
the county voter registration office, except when release or removal is
necessary:
(1) to comply with IC 3-7; or
(2) for the destruction of the materials under IC 5-15-6;
commits a Class A misdemeanor.
SECTION 132. IC 3-14-3-16, AS AMENDED BY P.L.103-2005,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. (a) As used in this section,
"electioneering" includes expressing support or opposition to any
candidate or political party or expressing approval or disapproval of
any public question in any manner that could reasonably be expected
to convey that support or opposition to another individual. The term
does not include expressing
(1) support or opposition to a candidate or a political party or
(2) expressing approval or disapproval of a public question in:
(1) material mailed to a voter; or
(2) a telephone or an electronic communication with a voter.
(b) A person who knowingly does any electioneering:
(1) on election day within:
(A) the polls; or
(B) the chute;
(2) within an area in the office of the circuit court clerk or a
satellite office of the circuit court clerk established under
IC 3-11-10-26.3 used by an absentee voter board to permit an
individual to cast an absentee ballot; or
(3) except for a voter who is:
(A) the person's spouse;
(B)
an incapacitated person (as defined in IC 29-3-1-7.5) for
whom the person has been appointed the guardian (as defined
in IC 29-3-1-6); or
(C) a member of the person's household;
in the presence of a voter whom the person knows possesses an
absentee ballot provided to the voter in accordance with Indiana
law;
commits a Class A misdemeanor.
SECTION 133. IC 3-14-4-3.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3.5. (a) This subsection
applies before January 1, 2006. A circuit court clerk, member of a
board of registration, or county official, responsible for maintaining
computerized voter registration information who recklessly fails to
comply with IC 3-7-26 more than thirty (30) days after being required
to perform a duty under IC 3-7-26 commits a Class B misdemeanor.
forms. The receipt must state the date and time of delivery, and the
printed name and signature of the person who received the forms.
SECTION 140. IC 33-33-49-13, AS AMENDED BY
HEA
1156-2006, SECTION 13,
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13. (a) Each judge of the court
shall be elected for a term of six (6) years that begins January 1 after
the year of the judge's election and continues through December 31 in
the sixth year. The judge shall hold office for the six (6) year term or
until the judge's successor is elected and qualified. A candidate for
judge shall run at large for the office of judge of the court and not as a
candidate for judge of a particular room or division of the court.
(b) Beginning with At the primary election held in 2008 and every
six (6) years thereafter, a political party may nominate not more than
eight (8) candidates for judge of the court. Beginning with At the
primary election held in 2006 and every six (6) years thereafter, a
political party may nominate not more than ten (10) candidates for
judge of the court. The candidates shall be voted on at the general
election. Other candidates may qualify under IC 3-8-6 to be voted on
at the general election.
(c) The names of the party candidates nominated and properly
certified to the Marion County election board, along with the names of
other candidates who have qualified, shall be placed on the ballot at the
general election in the form prescribed by
IC 3-11.
Beginning with At
the 2008 general election and every six (6) years thereafter, persons
eligible to vote at the general election may vote for
sixteen (16)
candidates for judge of the court. Beginning with the 2006 general
election and every six (6) years thereafter, persons eligible to vote at
the general election may vote for
twenty (20)
candidates for judge of
the court.
(d) The candidates for judge of the court receiving the highest
number of votes shall be elected to the vacancies. The names of the
candidates elected as judges of the court shall be certified to the county
election board as provided by law.
SECTION 141. IC 33-35-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) During 2006 and
every fourth year after 1986, that, a second or third class city or a town
may by ordinance establish or abolish a city or town court. An
ordinance to establish a city or town court must be adopted not less
than one (1) year before the judge's term would begin under section 3
of this chapter.
(b) The judge for a court established under subsection (a) shall be
elected under IC 3-10-6 or IC 3-10-7 at the municipal election in
November 1987 2007 and every four (4) years thereafter.
(c) A court established under subsection (a) comes into existence on
January 1 of the year following the year in which a judge is elected to
serve in that court.
(d) A city or town court in existence on January 1, 1986, may
continue in operation until it is abolished by ordinance.
(e) A city or town that establishes or abolishes a court under this
section shall give notice of its action to the division of state court
administration of the office of judicial administration under IC 33-24-6.
SECTION 142. IC 3-11-8-22 IS REPEALED [EFFECTIVE UPON
PASSAGE].
SECTION 143. THE FOLLOWING ARE REPEALED
[EFFECTIVE JULY 1, 2006]: IC 3-5-2-8.7; IC 3-7-12-28; IC 3-7-26;
IC 3-7-26.3-1; IC 3-7-27-20; IC 3-7-27-21; IC 3-7-27-23; IC 3-7-33-2;
IC 3-7-35-2; IC 3-7-35-3; IC 3-7-38.1; IC 3-7-40-2; IC 3-7-40-7;
IC 3-7-45-2; IC 3-7-45-6; IC 3-7-46-4; IC 3-10-1-7; IC 3-10-1-24.5;
IC 3-10-7-14; IC 3-11-2-2; IC 3-11-3-17; IC 3-11-3-18; IC 3-11-3-19;
IC 3-11-3-21; IC 3-11-6.5-6.1; IC 3-11-8-25; IC 3-11-8-26;
IC 3-11-15-13; IC 3-11.7-1-1; IC 3-14-6-1.
SECTION 144. THE FOLLOWING ARE REPEALED
[EFFECTIVE JANUARY 1, 2007]: IC 3-11-7-7; 3-11-7-8;
IC 3-11-7-9; IC 3-11-7-10; IC 3-11-7-11.
SECTION 145. [EFFECTIVE JANUARY 1, 2006
(RETROACTIVE)] (a) The definitions in IC 3-5-2 apply throughout
this SECTION.
(b) Notwithstanding IC 3-7 or IC 9-24-2.5, both as amended by
this act, a county voter registration office shall process a voter
registration application transmitted in electronic format from a
license branch under IC 9-24-2.5 and is not required to receive the
paper copy of the application from the license branch before
approving or denying the application and mailing a notice of
approval or denial to the applicant. The county voter registration
office shall optically scan the voter's signature set forth on the
paper copy of the application and attach the scanned image to the
registration record of the voter in the manner permitted by the
computerized list.
(c) This SECTION expires July 1, 2006.
SECTION 146. [EFFECTIVE JULY 1, 2006] (a) Notwithstanding
IC 3-10-1-4.5, before its amendment by this act, the successors of
the precinct committeemen of the Indiana Republican Party
elected at the May 2006 primary election shall be elected at the
May 2008 primary election.