Bill Text: IN HB1109 | 2010 | Regular Session | Enrolled
Bill Title: Voters with disabilities; MOVE.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [HB1109 Detail]
Download: Indiana-2010-HB1109-Enrolled.html
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AN ACT to amend the Indiana Code concerning elections.
(1)
(2) as provided in IC 3-7-26.3; or
(3) as provided in IC 3-7-26.7.
(b) When a
the voter registration application to the applicant by electronic
mail or fax if:
(1) requested by the applicant; and
(2) the applicant provides an electronic mail address or a fax
number that permits the county voter registration office to
send an application not later than the end of the first business
day after the county voter registration office receives the
communication from the voter.
If the electronic mail address or the fax number provided by the
voter does not permit the county voter registration office to send
the voter an application not later than the end of the first business
day after the county voter registration office receives the
communication, the county voter registration office shall send the
application to the voter by United States mail.
(c) When the properly executed and certified affidavit is returned to
the clerk or board, voter registration office and approved under this
article, the applicant becomes a registered voter in the precinct of
residence.
(b) When a board of registration receives an application for
(b) If the application is
[EFFECTIVE JULY 1, 2010]: Sec. 8. (a) This section does not apply
to a combined absentee registration and request for an absentee ballot.
(b) When a circuit court clerk receives an affidavit or a form
request for an absentee registration, ballot application, the clerk shall
promptly mail the absentee ballot applications as soon as the
applications are available. application (or transmit the application
to the voter by electronic mail or fax if requested by the voter).
(b) If the application is
(c) The requested application for an absentee ballot shall be mailed
(1) requested by the applicant; and
(2) the applicant provides an electronic mail address or a fax number that permits the board to send an application not later than the end of the first business day after the board receives the communication from the voter.
If the electronic mail address or fax number provided by the applicant does not permit the board to send the application not later than the end of the first business day after the board receives the communication, the board shall send the application by United States mail.
(d) The clerk shall promptly
(1) requested by the applicant; and
(2) the applicant provides an electronic mail address or a fax number that permits the board to send an application not later than the end of the first business day after the board
receives the communication from the voter.
If the electronic mail address or fax number provided by the
applicant does not permit the board to send the application not
later than the end of the first business day after the board receives
the communication, the board shall send the application by United
States mail.
(b) A challenge under this chapter must be filed with the election division not later than
(c) The challenger must file a sworn statement with the election division:
(1) questioning the qualification of a candidate to seek the office; and
(2) setting forth the facts known to the voter concerning this question.
(1) The challenge is terminated.
(2) The name of the challenged candidate may not be removed from the ballot.
(3) The name of another individual may not replace the name of the challenged candidate on the ballot.
(4) Any votes cast for the challenged candidate shall be canvassed, counted, and reported under the name of the challenged candidate.
(b) All of the following apply if a candidate attempts to withdraw as a candidate after noon
(1) The name of the candidate may not be removed from the ballot.
(2) The name of another individual may not replace the name of the candidate on the ballot.
(3) Any votes cast for the candidate shall be canvassed, counted,
and reported under the name of the candidate.
(b) A county election board, by unanimous vote of its entire membership, may authorize a person who is otherwise qualified to vote in person to vote by absentee ballot if the board determines that the person has been hospitalized or suffered an injury following the final date and hour for applying for an absentee ballot that would prevent the person from voting in person at the polls.
(c) The commission, by unanimous vote of its entire membership, may authorize a person who is otherwise qualified to vote in person to vote by absentee ballot if the commission determines that an emergency prevents the person from voting in person at a polling place.
(d) The absentee ballots used in subsection (b) or (c) must be the same official absentee ballots as described in section
(1) Noon on election day if the voter registers to vote under IC 3-7-36-14.
(2) Noon on the day before election day if the voter completes the application in the office of the circuit court clerk or is an absent uniformed services voter or overseas voter who requests that the ballot be transmitted by electronic mail or fax under section 6(h) of this chapter.
(3) Noon on the day before election day if:
(A) the application is a mailed, transmitted by fax, or hand delivered application from a confined voter or voter caring for a confined person; and
(B) the applicant requests that the absentee ballots be delivered to the applicant by an absentee voter board.
(4) Midnight on the eighth day before election day if the application:
(A) is a mailed application; or
(B) was transmitted by fax;
from other voters.
(1) In person.
(2) By fax transmission.
(3) By mail (including United States mail or bonded courier).
(4) By electronic mail with a scanned image of the application and signature of the applicant, if transmitted by an absent uniformed services voter or an overseas voter acting under section 6 of this chapter.
(b) Application forms shall:
(1) be furnished to a central committee of the county at the request of the central committee;
(2) be:
(A) mailed;
(B) transmitted by fax; or
(C) transmitted by electronic mail with a scanned image of the application;
upon request, to a voter applying by mail, by telephone, by electronic mail, or by fax; and
(3) be delivered to a voter in person who applies at the circuit court clerk's office.
(c)
person submitting the application.
(d) When an application is received under subsection (a)(4), the
circuit court clerk's office (or, in a county subject to IC 3-6-5.2 or
IC 3-6-5.4, the office of the board of elections and registration) shall
send an automatic electronic mail receipt acknowledging receipt of the
voter's application.
(b) Except as expressly provided by law, the state delegates its responsibilities to carry out the requirements of MOVE to each county election board (or board of elections and registration established under IC 3-6-5.2 or IC 3-6-5.4).
(c) To implement 42 U.S.C. 1973ff-1, electronic mail, fax, and web publication are designated as means of communication for an absent uniformed services voter or an overseas voter to request a voter registration application and an absentee ballot application from the election division, a county election board, or a county voter registration office.
(d) An office described in subsection (c) that receives an electronic mail or fax from a voter shall provide an absentee ballot application or a voter registration application by electronic mail or fax to the voter if:
(1) requested by the voter; and
(2) the voter provides an electronic mail address or a fax number that permits the office to send an application not later than the end of the first business day after the office receives the communication from the voter.
If the electronic mail address or the fax number provided by the voter does not permit the office to send the voter an application not
later than the end of the first business day after the office receives
the communication, the office shall send the application to the
voter by United States mail.
(e) As required by 42 U.S.C. 1973ff-1, to the extent practicable
and permitted under state law (including IC 3-7 and IC 5-14-3), an
office described in subsection (c) shall ensure that the procedures
used to transmit an absentee ballot application or a voter
registration application to an absent uniformed services voter or
overseas voter protect the security and integrity of the application
request processes, and that the privacy of the identity and other
personal data of the voter who requests or is sent an application
under subsection (d) is protected throughout the process of making
the request or being sent the application.
(f) As required under 42 U.S.C. 1973ff-1, an office described in
subsection (c) shall include information regarding the use of
electronic mail, fax, and web publication with all informational and
instructional materials that are sent with an absentee ballot
application or an absentee ballot to an absent uniformed services
voter or overseas voter.
(g) To implement Section 580 of MOVE, and in accordance with
IC 3-7-26.3-3, the secretary of state, with the approval of the
election division, shall develop a free access system that permits an
absent uniformed services voter or overseas voter to determine
whether the voter's absentee ballot has been received by the
appropriate county election board (or board of elections and
registration), regardless of the manner in which the absentee ballot
was transmitted by the voter to the board. To the extent permitted
by IC 3-7 and IC 5-14-3, the system must contain reasonable
procedures to protect the security, confidentiality, and integrity of
personal information collected, stored, or otherwise used on the
system.
(1) An absent uniformed services voter.
(2) An address confidentiality program participant (as defined in IC 5-26.5-1-6).
(3) An overseas voter.
(b) A county election board shall make blank absentee ballot applications available for persons covered by this section after
November 20 preceding the election to which the application applies.
Except as provided in subsection (c), the person may apply for an
absentee ballot at any time after the applications are made available.
(c) A person covered by this section may apply for an absentee
ballot for the next scheduled primary, general, or special election at any
time by filing either of the following:
(1) A standard combined absentee registration form and
absentee ballot request approved under 42 U.S.C. 1973ff(b) 42
U.S.C. 1973ff(b)(2).
(2) A form prescribed under IC 3-5-4-8 that identifies the
applicant as an absent uniformed services voter or an
overseas voter. A form prescribed under this subdivision must
permit the applicant to designate whether the applicant
wishes to receive the absentee ballot by electronic mail, fax, or
United States mail.
(d) If the county election board receives an absentee ballot
application from a person described by this section, subsection (c), the
circuit court clerk shall mail to the person, free of postage as provided
by 39 U.S.C. 3406, all ballots for the election immediately upon receipt
of the ballots under sections 13 and section 15 of this chapter, unless
the person has indicated under subsection (c) that the person
wishes to receive the absentee ballot by electronic mail or fax.
(e) In accordance with 42 U.S.C. 1973ff-3, Whenever a voter files
an application for an absentee ballot and indicates on the application
that the voter:
(1) is an absent uniformed services voter or an overseas voter; and
(2) does not expect to be in the county on the next general
election day following the date the application is filed and expects
to remain absent from the county until at least the date of the
second general election during the twelve (12) months following
the date the application is filed;
the application is an adequate application for an absentee ballot for
both subsequent general elections and any municipal or special election
conducted during that period, unless an absentee ballot mailed to the
voter at the address set forth in the application is returned to the
county election board during that period as undeliverable. The
circuit court clerk and county election board shall process this
application and send general election absentee ballots to the voter in
the same manner as other general election and special election absentee
ballot applications and ballots are processed and sent under this
chapter.
(f) Whenever a voter described in subsection (a)(2) files an
application for a primary election absentee ballot and indicates on the
application that the voter is an address confidentiality program
participant, the application is an adequate application for a general
election absentee ballot under this chapter and an absentee ballot for a
special election conducted during the twelve (12) months following the
date of the application. The circuit court clerk and county election
board shall process this application and send general election and
special election absentee ballots to the voter in the same manner as
other general election and special election absentee ballot applications
and ballots are processed and sent under this chapter.
(g) The name, address, telephone number, and any other identifying
information relating to a program participant (as defined in
IC 5-26.5-1-6) in the address confidentiality program, as contained in
a voting registration record, is declared confidential for purposes of
IC 5-14-3-4(a)(1). The county voter registration office may not disclose
for public inspection or copying a name, an address, a telephone
number, or any other information described in this subsection, as
contained in a voting registration record, except as follows:
(1) To a law enforcement agency, upon request.
(2) As directed by a court order.
(h) The county election board shall by fax or electronic mail when
authorized under this section) transmit an absentee ballot to and receive
an absentee ballot from an absent uniformed services voter or an
overseas voter by electronic mail or fax at the request of the voter
indicated in the application filed under this section. If the voter
wants to submit absentee ballots by fax or electronic mail, the voter
must separately sign and date a statement on the cover of submitted
with the electronic mail or the fax transmission that states
substantively the following: "I understand that by faxing or e-mailing
my voted ballot I am voluntarily waiving my right to a secret ballot.".
(i) The county election board shall send confirmation to a voter
described in subsection (h) that the voter's absentee ballot has been
received as follows:
(1) If the voter provides a fax number to which a confirmation
may be sent, the county election board shall send the confirmation
to the voter at the fax number provided by the voter.
(2) If the voter provides an electronic mail address to which a
confirmation may be sent, the county election board shall send the
confirmation to the voter at the electronic mail address provided
by the voter.
(3) If:
(A) the voter does not provide a fax number or an electronic
mail address; or
(B) the number or address provided does not permit the board
to send the confirmation not later than the end of the first
business day after the board receives the voter's absentee
ballot;
the county election board shall send the confirmation by United
States mail.
The county election board shall send the confirmation required by this
subsection not later than the end of the first business day after the
county election board receives the voter's absentee ballot.
(j) A county election board may transmit an absentee ballot to an
absent uniformed services voter or an overseas voter by electronic mail
under a program authorized and administered by the Federal Voting
Assistance Program of the United States Department of Defense or
directly to the voter at the voter's electronic mail address, if
requested to do so by the voter. A voter described by this section may
transmit the voted absentee ballot to a county election board by
electronic mail in accordance with the procedures established under
this program. An electronic mail message transmitting a voted absentee
ballot under this subsection must include an optically scanned image
of the voter's signature on the statement required under subsection (h).
(1) filed an application for an absentee ballot under section 6(e) of this chapter not later than June 30, 2010; and
(2) indicated on the application that the voter:
(A) was an absent uniformed services voter or overseas voter;
(B) did not expect to be in the county on the next general election day following the date the application is filed; and
(C) expects to remain absent from the county until at least the date of the second general election following the date the application is filed.
(b) Notwithstanding section 6 of this chapter, the application is an adequate application for an absentee ballot for both subsequent general elections and any municipal or special election conducted during the period described in subsection (a) unless an absentee ballot mailed to the voter at the address set forth in the application has been or is returned to the county election board during that period as undeliverable.
(c) This section expires June 30, 2012.
(b) If a voter makes a timely application for and does not receive an absentee ballot from a county election board, the voter may use a federal write-in absentee ballot in the form prescribed by the Federal Voting Assistance Program of the United States Department of Defense and in accordance with the requirements set forth in 42 U.S.C. 1973ff-2 to cast a vote for any of the following:
(1) Any candidate for nomination at a primary election.
(2) Any candidate, political party, or public question on a general election, municipal election, or special election ballot.
(b) Except as provided in subsection (c), ballots prepared by the county election board under this section must provide space for the voter to cast a write-in ballot.
(c) Space for write-in voting for an office is not required if there are no declared write-in candidates for that office. However, procedures must be implemented to permit write-in voting for candidates for federal offices.
board acting under IC 3-6-5.2) not later than thirty-eight (38) days
before the general election.
(b) If the county election board mails an absentee ballot to a voter required to file additional documentation with the county voter registration office before voting by absentee ballot under this chapter, the board shall include a notice to the voter in the envelope mailed to the voter under section 20 of this chapter. The notice must inform the voter that the voter must file the additional documentation required under IC 3-7-33-4.5 with the county voter registration office not later than noon on election day for the absentee ballot to be counted as an absentee ballot, and that, if the documentation required under IC 3-7-33-4.5 is filed after noon and before 6 p.m. on election day, the ballot will be processed as a provisional ballot. The commission shall prescribe the form of this notice under IC 3-5-4-8.
(c) Except as provided in section 18.5 of this chapter, the ballot shall be mailed:
(1) on the day of the receipt of the voter's application; or
(2) not more than five (5) days after the date of delivery of the ballots under section 15 of this chapter;
whichever is later.
optical scan ballot card provided as an absentee ballot under this
chapter) to notify a voter of the effect of casting multiple votes for a
single office.
(g) (e) As provided by 42 U.S.C. 15481, when an absentee ballot is
mailed under this section, the mailing must include:
(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.
(1) each precinct; and
(2) absentee voting, including the casting of an absentee ballot before an absentee voter board:
(A) in the office of the:
(i) circuit court clerk; or
(ii) board of elections and registration in a county subject to IC 3-6-5.2 or IC 3-6-5.4; or
(B) at a satellite office established under IC 3-11-10-26.3.
(b) This section does not apply to an absentee ballot cast by a voter before an absentee voter board visiting the voter's place of confinement or the voter's residence.
(c) A voter is entitled to vote on a direct record electronic voting system that complies with IC 3-11-8.
(b) The absentee ballots shall be delivered during the hours that the polls are open and in sufficient time to enable the precinct election boards to vote the ballots during the time the polls are open.
(c) Along with the absentee ballots delivered to the precinct election boards under subsection (a), each county election board shall provide a list certified by the circuit court clerk. This list must state the name of each voter subject to IC 3-7-33-4.5 who:
(1) filed the documentation required by IC 3-7-33-4.5 with the county voter registration office after the printing of the certified list under IC 3-7-29 or the poll list under IC 3-11-3; and
(2) as a result, is entitled to have the voter's absentee ballot counted if the ballot otherwise complies with this title.
(d) If the county election board is notified not later than 3 p.m. on election day by the county voter registration office that a voter subject to IC 3-7-33-4.5 and not identified in the list certified under subsection (c) has filed documentation with the office that complies with IC 3-7-33-4.5, the county election board shall transmit a supplemental certified list to the appropriate precinct election board. If the board determines that the supplemental list may not be received before the closing of the polls, the board shall:
(1) attempt to contact the precinct election board to inform the board regarding the content of the supplemental list; and
(2) file a copy of the supplemental list for that precinct as part of the permanent records of the board.
(1) under section 26 or 26.3 of this chapter; and
(2) on a direct record electronic voting system.
(b) Notwithstanding section 12 of this chapter, a county election board is not required to deliver absentee ballots described in subsection (a) to the precincts for counting. However, the county election board shall deliver to each precinct a list of the names of voters who have cast absentee ballots described in subsection (a). The county election board shall deliver this list at the same time the county election board delivers other absentee ballots to the precinct. Absentee ballots described in subsection (a) may be challenged using the same procedure that applies to other absentee ballots. The judges shall mark the poll list to indicate that each
voter on the list sent by the county election board has voted by
absentee ballot. If a voter has already voted at the precinct or if the
absentee ballot is challenged, the judges shall note that fact on the
list sent by the county election board and return the list to the
county election board with the precinct's other election materials.
The county election board shall delete the absentee votes of a voter
described in subsection (a) whose name has been noted by the
judges as having voted at the precinct. The county election board
shall count the absentee ballots described in subsection (a) using
the procedures in IC 3-11.5 for counting absentee ballots at a
central location, including the procedures for challenging absentee
ballots and eliminating the absentee ballots of individuals voting in
person at the polls, to assure that the ballots cast on the direct
record electronic voting system may be counted.
(c) A county election board acting under this section:
(1) may count all absentee ballots described in subsection (a)
at a central location; and
(2) shall adjust the vote totals for each precinct based on the
count of absentee ballots under subdivision (1).
(d) This section does not require a county election board to
count absentee ballots not described in subsection (a) at a central
location under this section or IC 3-11.5.
(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) As provided by 42 U.S.C. 15481, a voter casting an absentee
ballot under this section must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct
any error in a private and independent manner before the ballot is
cast and counted, including the opportunity to receive a
replacement ballot if the voter is otherwise unable to change or
correct the ballot; and
(3) notified before the ballot is cast regarding the effect of casting
multiple votes for the office and provided an opportunity to
correct the ballot before the ballot is cast and counted.
(h) As provided by 42 U.S.C. 15481, when an absentee ballot is
provided under this section, the board must also provide the voter with:
(1) information concerning the effect of casting multiple votes for
an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots.
(i) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the board determines that the proof of
identification provided by the voter does not qualify as proof of
identification under IC 3-5-2-40.5;
the voter shall be permitted to cast an absentee ballot and the voter's
absentee ballot shall be treated as a provisional ballot.
(j) A voter casting an absentee ballot under this section is entitled to cast the voter's ballot in accordance with IC 3-11-9.
(b) To be adopted under this section, a resolution must be adopted by the unanimous vote of the board's entire membership.
(c) A resolution adopted under this section must do the following:
(1) State the locations of the satellite offices.
(2) State the hours at which absentee voting may occur at the satellite offices.
(d) The resolution may contain other provisions the board considers useful.
(e) If a resolution is adopted under this section, the procedure for casting an absentee ballot at a satellite office must, except as provided in this section, be substantially the same as the procedure for casting an absentee ballot in the office of the circuit court clerk.
(f) A voter casting an absentee ballot under this section is entitled to cast the voter's ballot in accordance with IC 3-11-9.
(g) A satellite office established by a circuit court clerk under this section must comply with the polling place accessibility requirements of IC 3-11-8.
(1) IC 3-11-4-22.
(2) IC 3-11-10-1.5.
(3) IC 3-11-10-3.
(4) IC 3-11-10-5.
(5) IC 3-11-10-6.
(6) IC 3-11-10-7.
(7) IC 3-11-10-8.
(8) IC 3-11-10-9.
(9) IC 3-11-10-11.
(10) IC 3-11-10-12.
(11) IC 3-11-10-12.5.
described in IC 3-11-4-12.5.
(b) If a voter writes an abbreviation, a misspelling, or other minor variation instead of the correct name of a candidate or political party, that vote shall be counted if the intent of the voter can be determined.
(c) If a voter casts a ballot under this section for President or Vice President and writes in the name of a candidate or political party that has not certified a list of electors under IC 3-10-4-5, the vote for President or Vice President is void. The remaining votes on the ballot may be counted.
(d) IC 3-12-1-7 applies to a ballot subject to this section.
(e) A ballot subject to this section may not be counted if:
(1) the ballot was submitted from within the United States;
(2) the voter's application for a regular absentee ballot was received by the circuit court clerk or board of registration less than thirty (30) days before the election;
(3) the voter's completed regular state absentee ballot was received by the circuit court clerk or board of registration by the deadline for receiving absentee ballots under IC 3-11.5-4-7; or
(4) the ballot subject to this section was not received by the circuit court clerk or board of registration by the deadline for receiving absentee ballots under IC 3-11.5-4-7.
(b) If a voter does any of the following, the voter's vote is void:
(1) The voter votes for more than one (1) candidate, and the candidates are not on the official primary ballot of the same political party.
(2) The voter votes for a candidate who is not on the official primary ballot of any political party.
(3) The voter votes for a candidate who is on the official primary ballot of a political party, but the voter does not indicate the office for which the candidate seeks to be nominated.
(c) If the voter votes for a political party, but the voter does not vote for any individual candidates who are on that political party's official primary ballot, the voter's vote is void.
(b) If a voter designates a candidate by writing in the name of a political party on the ballot, the voter's vote shall be counted for all candidates of that political party on the ballot.
(c) If a voter writes an abbreviation, misspelling, or other minor variation instead of the correct name of a candidate or a political party, the voter's vote shall be counted if the intent of the voter can be determined.
described in IC 3-11-4-12.5.
(b) If a voter writes an abbreviation, misspelling, or other minor variation instead of the correct name of a candidate or political party, that vote shall be counted if the intent of the voter can be determined.
(c) If a voter casts a ballot under this section for President or Vice President of the United States and writes in the name of a candidate or political party that has not:
(1) certified a list of electors under IC 3-10-4-5; or
(2) included a list of electors on the declaration for candidacy filed by a write-in candidate under IC 3-8-2-2.5;
the vote for President or Vice President is void. The remaining votes on the ballot may be counted.
(d) IC 3-12-1-7 applies to a ballot subject to this section.
(e) A ballot subject to this section may not be counted if:
(1) the ballot was submitted:
(A) by an overseas voter who is not an absent uniformed services voter; and
(B) from within the United States;
(2) the voter's completed regular state absentee ballot was received by the county election board by the deadline for receiving absentee ballots under IC 3-11-10-11; or
(3) the ballot subject to this section was not received by the county election board by the deadline for receiving absentee ballots under IC 3-11-10-11.
; (10)HE1109.1.31. --> SECTION 31. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 3-11-4-12; IC 3-11-4-13.
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