Bill Text: IN SB0091 | 2010 | Regular Session | Introduced
Bill Title: Absentee voting.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Elections [SB0091 Detail]
Download: Indiana-2010-SB0091-Introduced.html
Citations Affected: IC 3-11; IC 3-11.5-4; IC 3-11.7-5.
Synopsis: Absentee voting. Requires a voter casting an absentee ballot
to provide information concerning the voter's identification before the
absentee ballot is counted. Specifies that: (1) the voter must provide a
description of and the identification number for the proof of
identification the voter would submit if the voter were voting in person;
or (2) if the voter does not provide a description of the proof of
identification or the proof of identification does not have an
identification number, the voter must provide the last four digits of the
voter's Social Security number. Provides that if an absentee voter does
not provide information concerning a voter's identification, the
absentee ballot is treated as a provisional ballot. Repeals a provision
that exempts an absentee voter from providing proof of identification.
Effective: January 1, 2011.
January 5, 2010, read first time and referred to Committee on Elections.
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(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.
(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.
(5) The information required under section 5.1(d) of this chapter to be provided by an individual requesting an absentee ballot.
(6) The voter identification number of the individual.
(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 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 statement of the full name, residence and mailing address, and daytime and evening telephone numbers (if any) of the person submitting the application.
(2) A statement that the person filing the affidavit has complied with Indiana laws governing the submission of absentee ballot applications.
(3) A statement that the person has no knowledge or reason to believe that the individual whose application is to be filed:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(4) A statement that the person is executing the affidavit under the penalties of perjury.
(5) A statement setting forth the penalties for perjury.
(i) The county election board shall record the date and time of the filing of the affidavit.
(b) This subsection does not apply to the form for an absentee ballot application to be submitted by an absent uniformed services voter or
overseas voter that contains a standardized oath for those voters. The
form of the application for an absentee ballot must do all of the
following:
(1) Require the applicant to swear to or affirm under the penalties
of perjury that all of the information set forth on the application
is true to the best of the applicant's knowledge and belief.
(2) Require a person who assisted with the completion of the
application to swear to or affirm under the penalties of perjury the
statements set forth in section 2(f) of this chapter.
(3) Set forth the penalties for perjury.
(c) The form prescribed by the commission shall require that a voter
who:
(1) requests an absentee ballot; and
(2) is eligible to vote in the precinct under IC 3-10-11 or
IC 3-10-12;
must include the affidavit required by IC 3-10-11 or a written
affirmation described in IC 3-10-12.
(d) The form prescribed by the commission must require that a
voter who requests an absentee ballot provide one (1) of the
following:
(1) A description of and the identification number for the
proof of identification the voter would submit if the voter
were voting in person.
(2) The last four (4) digits of the voter's Social Security
number, if:
(A) the voter does not provide a description of the proof of
identification; or
(B) the proof of identification does not have an
identification number.
(1) The voter's name.
(2) The date the application is received.
(3) The information required under section 5.1(d) of this chapter to be provided by the voter.
(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 or provided the information
required under section 5.1(d) of this chapter; 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 or the information required under section 5.1(d) of
this chapter before the absentee ballot may be counted.
(e) If the applicant:
(1) is a voter of the precinct according to the registration record;
(2) states on the application that the applicant resides at an
address that is within the same precinct but is not the same
address shown on the registration record; and
(3) provides a voter identification number on the application to
permit transfer of registration under IC 3-7-13-13;
the county election board shall direct the county voter registration
office to transfer the applicant's voter registration address to the
address within the precinct shown on the application. The applicant's
application for an absentee ballot shall be approved if the applicant is
otherwise eligible to receive the ballot under this chapter.
(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 notice also must
inform the voter that the voter must provide the information
required under section 5.1(d) of this chapter to the county election
board not later than noon on election day for the absentee ballot to
be counted as an absentee ballot, and that, if the information
required under section 5.1(d) of this chapter is provided 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.
(d) In addition to the ballot mailed under subsection (c), the county
election board shall mail a special absentee ballot for overseas voters.
(e) Except as provided in section 18.5 of this chapter, the ballot
described in subsection (d):
(1) must be mailed:
(A) on the day of the receipt of the voter's application; or
(B) not more than five (5) days after the latest date for delivery
of the ballots under section 13(b) of this chapter applicable to
that election;
whichever is later; and
(2) may not be mailed after the absentee ballots described by
section 13(a) of this chapter have been delivered to the circuit
court clerk or the clerk's authorized deputy.
(f) As required by 42 U.S.C. 15481, an election board shall establish
a voter education program (specific to a paper ballot or 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) 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.
(b) If the voter has provided the information, the county election board shall add a notation to the application indicating that the required information has been provided and that the absentee ballot may be counted if the ballot otherwise complies with this article.
(c) If the voter has not provided the information, the county election board shall add a notation on the application filed by a voter described under subsection (b) and on the envelope provided under this chapter reading substantially as follows:
"INSPECTOR: AS OF (insert date absentee ballot application approved) THIS VOTER WAS REQUIRED TO PROVIDE INFORMATION DESCRIBED IN IC 3-11-4-5.1(d) BEFORE THIS BALLOT MAY BE COUNTED. CHECK THE POLL LIST AND COUNTY ELECTION BOARD CERTIFICATION TO SEE IF THE VOTER HAS PROVIDED THIS INFORMATION. IF NOT, PROCESS AS A PROVISIONAL BALLOT IF THIS BALLOT OTHERWISE COMPLIES WITH INDIANA LAW.".
(b) Not later than noon on election day, the county voter registration office shall visit the appropriate post office to accept delivery of mail containing documentation submitted by a voter to comply with IC 3-7-33-4.5. The office shall immediately notify the county election board regarding the filing of this documentation to permit the board to provide certification of this filing to the appropriate precinct election boards before 6 p.m.
(c) Not later than noon on election day, each circuit court clerk
(or an agent of the clerk) shall visit the appropriate post office to
accept delivery of mail containing information provided by a voter
to comply with IC 3-11-4-5.1(d). The clerk shall immediately notify
the county election board regarding the receipt of this information
to permit the board to provide certification that the information
was provided to the appropriate precinct election boards before 6
p.m.
(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 or IC 3-11-4-5.1(d) who:
(1)
(A) filed the documentation required by IC 3-7-33-4.5 with the county voter registration office; or
(B) provided the information required by IC 3-11-4-5.1(d); 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 or the circuit court clerk that a voter subject to IC 3-7-33-4.5 or IC 3-11-4-5.1(d) 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 or provided information under IC 3-11-4-5.1(d), 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.
(e) This subsection applies to a special write-in absentee ballot
described in:
(1) 42 U.S.C. 1973ff for federal offices; and
(2) IC 3-11-4-12(a) for state offices.
If the county election board receives both a special write-in absentee
ballot and the regular absentee ballot described by IC 3-11-4-12 from
the same voter, the county election board shall reject the special
write-in ballot and deliver only the regular absentee ballot to the
precinct election board.
(1) the affidavit is properly executed;
(2) the signatures correspond;
(3) the absentee voter is a qualified voter of the precinct;
(4) the absentee voter is registered and is not required to file additional information with the county voter registration office under IC 3-7-33-4.5;
(5) the absentee voter has not voted in person at the election;
(6) the absentee voter has provided the information required by IC 3-11-4-5.1(d); and
then the inspector shall open the envelope containing the absentee ballots so as not to deface or destroy the affidavit and take out each ballot enclosed without unfolding or permitting a ballot to be unfolded or examined.
(b) The inspector shall then hand the ballots to the judges who shall deposit the ballots in the proper ballot box and enter the absentee voter's name on the poll list, as if the absentee voter had been present and voted in person. The judges shall mark the poll list to indicate that the voter has voted by absentee ballot. If the voter has registered and voted under IC 3-7-36-14, the inspector shall attach to the poll list the circuit court clerk's certification that the voter has registered.
(1) filed the additional information required to be filed with the county voter registration office under IC 3-7-33-4.5; or
(2) provided the information required by IC 3-11-4-5.1(d);
but that all of the other findings listed under section 16(a) of this chapter apply, the inspector shall direct that the absentee ballot be processed as a provisional ballot under IC 3-11.7.
(b)
(c) An absentee voter is
(d) If a proper affidavit is made that would entitle the absentee voter to vote if the absentee voter had personally appeared, then the absentee ballot shall be placed in the ballot box.
(b) The voter shall then, in the presence of the board, place the ballot in an envelope furnished by the county election board.
(c) The circuit court clerk shall provide, to the extent practicable, the same degree of privacy to absentee voters voting at the office of the circuit court clerk as provided to voters at the polls on election day.
(d) This subsection applies to a voter required to present additional information under IC 3-7-33-4.5. If the voter does not present the required additional information before receiving the absentee ballot, the absentee ballot shall be processed in accordance with section 4.5(c) of this chapter.
(e) Upon accepting the completed absentee ballot from the voter, the board shall provide the voter with a notice:
(1) listing the documentation the voter may submit to the county voter registration office to comply with IC 3-7-33-4.5; and
(2) stating the address and hours of the county voter registration office.
(f) This subsection applies to a voter required to provide the
information described in IC 3-11-4-5.1(d). If the voter does not
provide the required information before receiving the absentee
ballot, the absentee ballot shall be processed in accordance with
section 4.7(c) of this chapter.
(g) Upon accepting the completed absentee ballot from the
voter, the board shall provide the voter with a notice:
(1) listing the information the voter must submit to the county
election board to comply with IC 3-11-4-5.1(d); and
(2) stating the address and hours of the circuit court clerk's
office.
(1) the affidavit is properly executed;
(2) the signatures correspond;
(3) the absentee voter is a qualified voter of the precinct;
(4) the absentee voter is registered and is not required to file additional information with the county voter registration office under IC 3-7-33-4.5;
(5) the absentee voter has not voted in person at the election;
(6) the absentee voter has provided the information described in IC 3-11-4-5.1(d); and
the absentee ballot counters shall open the envelope containing the absentee ballots so as not to deface or destroy the affidavit and take out each ballot enclosed without unfolding or permitting a ballot to be unfolded or examined.
(b) If the absentee ballot counters find under subsection (a) that the voter has not filed the additional information required to be filed with the county voter registration office under IC 3-7-33-4.5 or provided the information described in IC 3-11-4-5.1(d), but that all of the other findings listed under subsection (a) apply, the absentee ballot shall be processed as a provisional ballot under IC 3-11.7.
(c) The absentee ballot counters shall then deposit the ballots in a secure envelope with the name of the precinct set forth on the outside of the envelope. After the absentee ballot counters or the county election board has made the findings described in subsection (a) or section 13 of this chapter for all absentee ballots of the precinct, the
absentee ballot counters shall remove all the ballots deposited in the
envelope under this section for counting under IC 3-11.5-5 or
IC 3-11.5-6.
(b)
(c) An absentee voter is
(d) If a proper affidavit by a qualified person in the form required by 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
(1) was challenged under IC 3-10-1, IC 3-11-8, or
(2) cast a provisional ballot;
may personally appear before the circuit court clerk or the county election board not later than the deadline specified by section 1 of this chapter for the county election board to determine whether to count a provisional ballot.
(b) Except as provided in subsection (c) or (e), if the voter:
(1) provides proof of identification to the circuit court clerk or county election board; and
(2) executes an affidavit before the clerk or board, in the form prescribed by the commission, affirming under the penalties of perjury that the voter is the same individual who:
(A) on election day:
(i) personally appeared before the precinct election board;
and
(B) voted an absentee ballot that was treated as a provisional ballot on election day;
the county election board shall find that the voter's provisional ballot is valid and direct that the provisional ballot be opened under section 4 of this chapter and processed in accordance with this chapter.
(c) If the voter executes an affidavit before the circuit court clerk or county election board, in the form prescribed by the commission, affirming under the penalties of perjury that:
(1) the voter is the same individual who:
(A) on election day:
(i) personally appeared before the precinct election board; and
(B) voted an absentee ballot that was treated as a provisional ballot on election day; and
(2) the voter:
(A) is:
(i) indigent; and
(ii) unable to obtain proof of identification without the payment of a fee; or
(B) has a religious objection to being photographed;
the county election board shall determine whether the voter has been challenged for any reason other than the voter's inability or declination to present proof of identification to the precinct election board.
(d) If the county election board determines that the voter described in subsection (c) has been challenged solely for the inability or declination of the voter to provide proof of identification, the county election board shall:
(1) find that the voter's provisional ballot is valid; and
(2) direct that the provisional ballot be:
(A) opened under section 4 of this chapter; and
(B) processed in accordance with this chapter.
(e) If the county election board determines that a voter described in subsection (b) or (c) has been challenged for a cause other than the voter's inability or declination to provide proof of identification, the board shall:
(1) note on the envelope containing the provisional ballot that the voter has complied with the proof of identification requirement; and
(2) proceed to determine the validity of the remaining challenges
set forth in the challenge affidavit before ruling on the validity of
the voter's provisional ballot.
(f) If a voter described by subsection (a) fails by the deadline for
counting provisional ballots referenced in subsection (a) to:
(1) appear before the county election board; and
(2) execute an affidavit in the manner prescribed by subsection
(b) or (c);
the county election board shall find that the voter's provisional ballot
is invalid.
(1) The provisional ballot is invalid.
(2) The provisional ballot may not be counted.
(3) The provisional ballot envelope containing the ballots cast by the provisional voter may not be opened.
(b) If the county election board determines that a provisional ballot is invalid, a notation shall be made on the provisional ballot envelope: "Provisional ballot determined invalid".
