Bill Text: IN HB1106 | 2010 | Regular Session | Engrossed
Bill Title: Various election law matters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2010-03-01 - Senate advisors appointed: Alting, Landske and Errington [HB1106 Detail]
Download: Indiana-2010-HB1106-Engrossed.html
Citations Affected: IC 3-5; IC 3-8; IC 3-10; IC 3-11; IC 3-11.7.
(SENATE SPONSORS _ LAWSON C, ALTING, LANANE, HUME, ERRINGTON, BREAUX)
January 5, 2010, read first time and referred to Committee on Elections and
Apportionment.
January 7, 2010, reported _ Do Pass.
January 11, 2010, read second time, amended, ordered engrossed.
January 12, 2010, engrossed.
January 13, 2010, read third time, passed. Yeas 52, nays 44.
February 1, 2010, read first time and referred to Committee on Elections.
February 16, 2010, amended, reported favorably _ Do Pass.
February 18, 2010, read second time, amended, ordered engrossed.
February 19, 2010, engrossed.
February 22, 2010, returned to second reading.
February 23, 2010, re-read second time, amended, ordered engrossed.
Digest Continued
adopt an order designating a county a vote center county, adopt a plan to administer the vote centers, and file the order and the plan with the election division. Requires the board to accept and consider public comment before adopting an order designating the county as a vote center county. Provides that designation of a county as a vote center county remains in effect until the board rescinds the order designating the county as a vote center county and files a copy of the rescission with the election division. Requires that a county's vote center plan must incorporate certain elements. Provides that an electronic poll list must be programmed so that access to the list requires the coordinated action of two precinct election officials who are not members of the same political party. Allows an electronic poll list used at a vote center to include an electronic image of the voter's signature, if available. Authorizes a precinct election board administering an election at a vote center to report the vote totals by precinct on election night. Redesignates automatically as a vote center county a county previously designated a vote center pilot county. Requires a vote center pilot county to establish at least one satellite office for absentee voting. Allows a county to seek reimbursement from the election division for expenses incurred in complying with provisions concerning the establishment of at least one satellite office in a vote center pilot county. Repeals the expiration date of the vote center program and provisions that: (1) require the secretary of state's approval of the vote center designation; and (2) allow the secretary of state to revoke the vote center designation.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
(2) A request for ballot placement in a presidential primary under IC 3-8-3.
(3) A petition of nomination or candidate's consent to nomination under IC 3-8-6.
(4) A certificate of nomination under IC 3-8-5, IC 3-8-7, IC 3-10-2-15, or IC 3-10-6-12.
(5) A certificate of candidate selection under IC 3-13-1 or IC 3-13-2.
(6) A declaration of intent to be a write-in candidate under IC 3-8-2-2.5.
(7) A contest to the denial of certification under IC 3-8-6-12.
(b) The commission has jurisdiction to act under this section with regard to any filing described in subsection (a) that was made with the election division. Except for a filing under the jurisdiction of a town election board, a county election board has jurisdiction to act under this section with regard to any filing described in subsection (a) that was made with the county election board, county voter registration office, or the circuit court clerk. A town election board has jurisdiction to act under this section with regard to any filing that was made with the county election board, the county voter registration office, or the circuit court clerk for nomination or election to a town office.
(c) Except as provided in subsection (e), before the commission or election board acts under this section, a registered voter of the
(1) questioning the eligibility of
(2) setting forth the facts known to the voter concerning this question.
(d) The eligibility of a write-in candidate or a candidate nominated by a convention, petition, or primary may not be challenged under this section if the commission or board determines that all of the following occurred:
(1) The eligibility of the candidate was challenged under this section before the candidate was nominated.
(2) The commission or board conducted a hearing on the affidavit before the nomination.
(3) This challenge would be based on substantially the same grounds as the previous challenge to the candidate.
(e) Before the commission or election board can consider a contest to the denial of a certification under IC 3-8-6-12, a candidate (or a person acting on behalf of a candidate in accordance with state law)
must file a sworn statement with the election division or election board:
(1) stating specifically the basis for the contest; and
(2) setting forth the facts known to the candidate supporting the
basis for the contest.
(f) Upon the filing of a sworn statement under subsection (c) or (e),
the commission or election board shall determine the validity of the
questioned:
(1) declaration of candidacy;
(2) declaration of intent to be a write-in candidate;
(3) request for ballot placement under IC 3-8-3;
(4) petition of nomination;
(5) certificate of nomination;
(6) certificate of candidate selection issued under IC 3-13-1-15 or
IC 3-13-2-8; or
(7) denial of a certification under IC 3-8-6-12.
(g) The commission or election board shall deny a filing if the
commission or election board determines that the candidate has not
complied with the applicable requirements for the candidate set forth
in the Constitution of the United States, the Constitution of the State of
Indiana, or this title.
(b) The inspector of each precinct shall deliver the bags required by section 30(a) and 30(c) of this chapter in good condition, together with poll lists, tally sheets, and other forms, to the circuit court clerk when making returns.
(c) Except for unused ballots disposed of under IC 3-11-3-31 or affidavits received by the county election board under IC 3-14-5-2 for delivery to the foreman of a grand jury, the circuit court clerk shall seal the ballots (including provisional ballots) and other material (including election material related to provisional ballots) during the time allowed to file a verified petition or cross-petition for a recount of votes or to contest the election. Except as provided in subsection (d) and notwithstanding any other provision of Indiana law, after the recount or contest filing period, the election material, including election material related to provisional ballots (except for ballots and provisional ballots, which remain confidential), shall be made available for copying and inspection under IC 5-14-3. The circuit court clerk shall carefully preserve the sealed ballots and other material for twenty-two (22) months, as required by 42 U.S.C. 1974, after which the
sealed ballots and other material are subject to IC 5-15-6 unless an
order issued under:
(1) IC 3-12-6-19 or IC 3-12-11-16; or
(2) 42 U.S.C. 1973;
requires the continued preservation of the ballots or other material.
(d) If a petition for a recount or contest is filed, the material for that
election remains confidential until completion of the recount or contest.
(e) Upon delivery of the poll lists, the county voter registration
office may unseal the envelopes containing the poll lists. For the
purposes of:
(1) a cancellation of registration conducted under IC 3-7-43
through IC 3-7-46;
(2) a transfer of registration conducted under IC 3-7-39,
IC 3-7-40, or IC 3-7-42;
(3) a change of name made under IC 3-7-41;
(4) adding the registration of a voter under IC 3-7-48-8; or
(5) recording that a voter subject to IC 3-7-33-4.5 submitted the
documentation required under 42 U.S.C. 15483 and IC 3-11-8 or
IC 3-11-10;
the county voter registration office may inspect the poll lists and update
the registration record of the county. The county voter registration
office shall use the poll lists to update the registration record to include
the voter's voter identification number if the voter's voter identification
number is not already included in the registration record. Upon
completion of the inspection, the poll list shall be preserved with the
ballots and other materials in the manner prescribed by subsection (c)
for the period prescribed by subsections (c) and (d).
(f) This subsection does not apply to ballots, including provisional
ballots. Notwithstanding subsection (c), if a county voter registration
office determines that the inspection and copying of precinct election
material would reveal the political parties, candidates, and public
questions for which an individual cast an absentee ballot, the county
voter registration office shall keep confidential only that part of the
election material necessary to protect the secrecy of the voter's ballot.
(g) After the expiration of the period described in subsection (c) or
(d), the ballots may be destroyed in the manner provided by
IC 3-11-3-31 or transferred to a state educational institution as
provided by IC 3-12-2-12.
(b) An electronic poll list must satisfy all of the following:
(1) An electronic poll list must be programmed so that the coordinated action of two (2) precinct election officers who are not members of the same political party is necessary to obtain access to the electronic poll list.
(2) An electronic poll list may not be connected to a voting system.
(3) An electronic poll list may not permit access to voter information other than information provided on the certified list of voters prepared under IC 3-7-29-1.
(b) On July 1, 2010, a county designated as a vote center pilot county under:
(1) P.L.164-2006, SECTION 148 (before its expiration); or
(2) P.L.108-2008, SECTION 4;
is automatically redesignated as a vote center county under this chapter.
(b) A vote center pilot county may seek reimbursement from the election division for expenses incurred in complying with subsection (a).
(b) As used in this section, "board" refers to either of the following:
(1) The county election board.
(2) The board of elections and registration established under IC 3-6-5.2 or IC 3-6-5.4.
(c) The board shall hold a public hearing to present a draft plan for administration of vote centers in the county.
(d) After presentation of the draft plan under subsection (c), the board shall accept written public comments on the draft plan.
(e) At least thirty (30) days after the hearing held under
subsection (c), the board shall hold a public hearing to consider the
draft plan, the written public comments, and any other public
comment that the board may permit on the draft plan.
(f) After consideration of the draft plan and the public
comments, the board may do the following:
(1) Adopt an order approving the draft plan.
(2) Amend the draft plan and adopt an order approving the
amended draft plan.
The board may adopt the order to approve a plan only 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) (g) All members of the board must sign the application; and
order adopting the plan.
(3) (h) The application order and the adopted plan must be filed
with the secretary of state. (b) The application election division and
must include a copy of:
(1) a resolution adopted by the county executive; and
(2) a resolution adopted by the county fiscal body;
approving the submission designation of the application. county as a
vote center county.
(1) The total number of vote centers to be established.
(2) The location of each vote center.
(3) The effective date of the order.
(4) The following information according to the computerized list (as defined in IC 3-7-26.3-2) as of the date of the order:
(A) The total number of voters within
(B) The number of
(C) The number of inactive
(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 do all of the following:
(A) Prevent a disruption of the vote center process. and
(B) Ensure that the election is properly conducted if a
disruption occurs.
(C) Prevent access to an electronic poll list without the
coordinated action of two (2) precinct election officers who
are not members of the same political party.
(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.
(17) The method and timing of providing voter data to
persons who are entitled to receive the data under this title.
Data must be provided to all persons entitled to the data
without unreasonable delay.
(1) The plan must provide for at least one (1) vote center for each ten thousand (10,000) active voters.
(2) In addition to the vote centers designated in subdivision (1), the plan must provide for a vote center for any fraction of ten thousand (10,000) voters.
board must determine the following:
(1) That the secure electronic connection as described under
section 4(10)(B) of this chapter is sufficient to prevent:
(A) any voter from voting more than once; and
(B) unauthorized access by any person to:
(i) the electronic poll lists for a precinct whose polls are to
be located at the vote center; or
(ii) the computerized list of voters of the county.
(2) That the planned design and location of the equipment and
precinct officers will provide the most efficient access for:
(A) voters to enter the polls, cast their ballots, and leave the
vote center; and
(B) precinct election officials, watchers, challengers, and
pollbook holders to exercise their rights and perform their
duties within the vote center.
(b) The designation of a county as a vote center county remains in effect until the county election board, by unanimous vote of its entire membership:
(1) rescinds the order designating the county as a vote center county; and
(2) files a copy of the document rescinding the order with the election division.
(b) In accordance with Indiana and federal law, each vote center county shall adopt a plan that provides for voters to vote using the following provisions:
(1) Voting after a change of residence within the same precinct as provided in IC 3-7-39-7.
(2) Voting after a change of name as provided in IC 3-7-41-3.
(3) Certificates of error issued under IC 3-7-48.
(4) Voting after affirming residency as provided in IC 3-7-48-5.
(5) Voting with a registration receipt as provided in IC 3-7-48-7.
(6) Voting after signing an affidavit as provided in IC 3-10-10.
(7) Voting with a transfer affidavit as provided in IC 3-10-11 or IC 3-10-12.
(1) must comply with IC 3-11-8-10.3;
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 17. (a) The secretary of state may
permit A county to may amend a plan submitted adopted with a
county election board's order 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 amendment;
(2) all members of the board must sign the request; amendment;
and
(3) the request amendment must be filed with the secretary of
state. election division.
(c) The request for amendment must set forth the specific
amendments proposed to be made to the plan.
(c) A plan amendment takes effect immediately upon filing with
the election division, unless otherwise specified by the county
election board.
(1) whether the individual's provisional ballot was counted; and
(2) if the provisional ballot was not counted, the reason the provisional ballot was not counted.
(b) As required by 42 U.S.C. 15482, the county election board shall establish and maintain reasonable procedures to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used on the free access system established by the board under subsection (a).
(c) As required by 42 U.S.C. 15482, the county election board shall restrict access to the
(d) The county election board shall prescribe written instructions to inform a provisional voter how the provisional voter can determine whether the provisional voter's ballot has been counted.
; (10)EH1106.3.20. --> SECTION 20. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 3-11-18-2; IC 3-11-18-18; IC 3-11-18-19;
IC 3-11-18-20.
