Introduced Version
HOUSE BILL No. 1281
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-11-4.
Synopsis: Absentee voting. Provides that a person assisting a voter in
filling out an absentee ballot application may not assist the voter in
completing the part of the application that states the reason the voter is
entitled to vote an absentee ballot unless the voter is a voter with
disabilities. Requires a person who files an absentee ballot application
for another individual to submit a copy of the person's proof of
identification with the application. Requires a person who files an
absentee ballot application for another individual by facsimile (fax)
must also include with the transmission the same affidavit that must be
filed with a hand delivered application and a copy of the person's proof
of identification. Requires a person who files multiple absentee ballot
applications to file an affidavit and a copy of the person's proof of
identification for each application. Provides that the deadline for filing
an application for an absentee ballot by hand delivery is not later than
11:59 p.m. on the eighth day before election day.
Effective: July 1, 2012.
Richardson, Frye R
January 10, 2012, read first time and referred to Committee on Elections and
Apportionment.
Introduced
Second Regular Session 117th General Assembly (2012)
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HOUSE BILL No. 1281
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-11-4-2; (12)IN1281.1.1. -->
SECTION 1. IC 3-11-4-2, AS AMENDED BY P.L.103-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. (a) A voter who wants to vote by absentee
ballot must apply to the county election board for an official absentee
ballot. Except as provided in subsection (b), the voter must sign the
absentee ballot application.
(b) If a voter with disabilities is unable to sign the absentee ballot
application and the voter has not designated an individual to serve as
attorney in fact for the voter, the county election board may designate
an individual to sign the application on behalf of the voter. If an
individual applies for an absentee ballot as the properly authorized
attorney in fact for a voter, the attorney in fact must attach a copy of the
power of attorney to the application.
(c) A person may provide an individual with an application for an
absentee ballot with the following information already printed or
otherwise set forth on the application when provided to the individual:
(1) The name of the individual.
(2) The voter registration address of the individual.
(3) The mailing address of the individual.
(4) The date of birth of the individual.
(5) The voter identification number of the individual.
(d) A person may not provide an individual with an application for
an absentee ballot with the following information already printed or
otherwise set forth on the application when provided to the individual:
(1) The address to which the absentee ballot would be mailed, if
different from the voter registration address of the individual.
(2) In a primary election, the major political party ballot requested
by the individual.
(3) In a primary or general election, the types of absentee ballots
requested by the individual.
(4) The reason why the individual is entitled to vote an absentee
ballot:
(A) by mail; or
(B) before an absentee voter board (other than an absentee
voter board located in the office of the circuit court clerk or a
satellite office);
in accordance with IC 3-11-4-18, IC 3-11-10-24, or
IC 3-11-10-25. A person assisting a voter, other than a voter
with disabilities, may not assist the voter in filling out the
information described in this subdivision on the voter's
application for an absentee ballot.
(e) If the county election board determines that an absentee ballot
application does not comply with subsection (d), the board shall deny
the application under section 17.5 of this chapter.
(f) A person who assists an individual in completing any
information described in subsection (d) on an absentee ballot
application shall state under the penalties for perjury the following
information on the application:
(1) The full name, residence and mailing address, and daytime
and evening telephone numbers (if any) of the person providing
the assistance.
(2) The date this assistance was provided.
(3) That the person providing the assistance has complied with
Indiana laws governing the submission of absentee ballot
applications.
(4) That the person has no knowledge or reason to believe that the
individual submitting the application:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(g) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal Service
or a bonded courier company. A person who receives a completed
absentee ballot application from the individual who has applied for the
absentee ballot shall file the application with the appropriate county
election board not later than:
(1) noon seven (7) days after the person receives the application;
or
(2) the deadline set by Indiana law for filing the application with
the board;
whichever occurs first.
(h) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal Service
or a bonded courier company. A person filing an absentee ballot
application, other than the person's own absentee ballot application,
must do the following:
(1) Sign an affidavit at the time of filing the application. The
affidavit must be in a form prescribed by the commission. The
form must include the following:
(1) (A) A statement of the full name, residence and mailing
address, and daytime and evening telephone numbers (if any)
of the person submitting the application.
(2) (B) A statement that the person filing the affidavit has
complied with Indiana laws governing the submission of
absentee ballot applications.
(3) (C) A statement that the person has no knowledge or
reason to believe that the individual whose application is to be
filed:
(A) (i) is ineligible to vote or to cast an absentee ballot; or
(B) (ii) did not properly complete and sign the application.
(4) (D) A statement that the person is executing the affidavit
under the penalties of perjury.
(5) (E) A statement setting forth the penalties for perjury.
(2) A copy of the person's proof of identification.
(i) If an application for an absentee ballot is filed by fax
transmission by a person filing an application other than the
person's own application, the following must be part of the fax
transmission:
(1) The affidavit required by subsection (h).
(2) A copy of the person's proof of identification.
(j) The requirements described in subsection (h) apply to each
application delivered by a person for an applicant other than the
person, whether the application is delivered by hand or is
transmitted by fax. If a person files more than one (1) application
at a time, each application must be accompanied by:
(1) an affidavit described in subsection (h); and
(2) a copy of the person's proof of identification.
(i) (k) The county election board shall record the date and time of
the filing of the each affidavit and proof of identification.
SOURCE: IC 3-11-4-3; (12)IN1281.1.2. -->
SECTION 2. IC 3-11-4-3, AS AMENDED BY P.L.225-2011,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) Except as provided in section 6 of this
chapter, an application for an absentee ballot must be received by the
circuit court clerk (or, in a county subject to IC 3-6-5.2, the director of
the board of elections and registration) not earlier than the date the
registration period resumes under IC 3-7-13-10 nor later than the
following:
(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:
(A) completes the application in the office of the circuit court
clerk; or
(B) 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) 11:59 p.m. on the eighth day before election day if the
application:
(A) is a mailed application;
(B) is a hand delivered application (other than an
application described in subdivision (3)); or
(B) (C) was transmitted by fax;
from other voters.
(b) An application for an absentee ballot received by the election
division by the time and date specified by subsection (a)(2)(B), (a)(3),
or (a)(4) is considered to have been timely received for purposes of
processing by the county. The election division shall immediately
transmit the application to the circuit court clerk, or the director of the
board of elections and registration, of the county where the applicant
resides. The election division is not required to complete or file the
affidavit required under section 2(h) of this chapter whenever the
election division transmits an application under this subsection.
SOURCE: IC 3-11-4-4; (12)IN1281.1.3. -->
SECTION 3. IC 3-11-4-4, AS AMENDED BY P.L.66-2010,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) Applications may be made on application
forms approved by the commission by any of the following means:
(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)
Subject to section 2 of this chapter, a county election board
shall accept an application for an absentee ballot transmitted by fax
even though the application is delivered to the county election board by
a person other than the 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 electronic mail receipt acknowledging receipt of the voter's
application.