Bill Text: IN SB0221 | 2011 | Regular Session | Introduced
Bill Title: Explanation of proposed constitutional amendments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Elections [SB0221 Detail]
Download: Indiana-2011-SB0221-Introduced.html
Citations Affected: IC 3-10-3-11; 3IC 3-11-3.
Synopsis: Explanation of proposed constitutional amendments.
Requires the legislative services agency to prepare a neutral summary
of any proposed state constitutional amendment and to submit the
proposed summary to the legislative council for approval not later than
105 days before the election at which the public question concerning
a proposed constitutional amendment will be voted on. Provides that,
if the legislative council does not approve a proposed or amended
summary in a timely manner, the summary as submitted to the
legislative council shall be distributed and posted. Requires the
legislative services agency, not later than 60 days before the election
at which the proposed amendment will be submitted to the voters, to
distribute copies of the summary to various entities and to post the
summary on the general assembly's Internet web site. Requires the
posting of a copy of the summary at each polling place. Provides that,
subject to the legislative council's approval, the legislative services
agency has absolute discretion to determine the contents of the
summary. Specifies that these provisions do not apply to a proposed
constitutional amendment if an act enacted by the general assembly in
the legislative session preceding the election at which the constitutional
amendment is voted on specifies the ballot language for the proposed
constitutional amendment. Prohibits the bringing of an action based on
the exercise of this discretion.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Elections.
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.
(b) A summary prepared under subsection (a) must:
(1) contain not more than two hundred (200) words; and
(2) be stated in neutral language.
(c) Not later than one hundred five (105) days before the election at which a public question concerning a proposed constitutional amendment will be submitted to the electorate of this state under this chapter, the legislative services agency shall submit each proposed summary prepared under subsection (a) to the legislative council created by IC 2-5-1.1-1 for approval. The
legislative council shall meet in a timely manner to consider each
proposed summary. The legislative council shall decide whether to
approve:
(1) a proposed summary submitted by the legislative services
agency;
(2) any alternate language proposed by the legislative services
agency; or
(3) a summary under subdivision (1) or alternate language
under subdivision (2) as amended by the legislative council;
before the sixty-first day before the election at which the public
question concerning the proposed state constitutional amendment
described in the proposed summary, alternate language, or
amended language will be submitted to the electorate of the state
under this chapter. If the legislative council approves the proposed
summary, alternate language, or amended language within the
period allowed by this subsection, the proposed summary,
alternate language, or amended language approved by the
legislative council is the summary distributed and posted under
subsections (d) and (e). If the legislative council does not approve
the proposed summary, the alternate language, an amended
proposed summary, or amended proposed alternate language
within the period allowed by this subsection, the proposed
summary as initially submitted by the legislative services agency to
the legislative council is the summary distributed and posted under
subsections (d) and (e).
(d) Not later than sixty (60) days before the election at which the
public question concerning a proposed state constitutional
amendment will be submitted to the electorate of the state under
this chapter, the legislative services agency shall do the following:
(1) Distribute the summary of the proposed constitutional
amendment prepared under this section to each of the
following:
(A) The election division.
(B) Indiana news media.
(C) Indiana public libraries.
(2) Post a copy of the summary on the general assembly's
Internet web site.
The legislative services agency may provide for more extensive
publication of the summary than is required by this subsection.
(e) A copy of a summary of a proposed constitutional
amendment prepared under this section must be posted at each
polling place during the election at which the public question
concerning the proposed constitutional amendment is submitted to
the electorate of the state.
(f) Subject to the legislative council's approval, the legislative
services agency has absolute discretion to determine the contents
of a summary prepared under this section. A person may not bring
an action in any court based on the exercise of this discretion.
(g) This section does not apply to a proposed constitutional
amendment if an act enacted by the general assembly in the
regular or special legislative session immediately preceding the
election at which the public question concerning the proposed state
constitutional amendment will be submitted to the electorate under
this chapter specifies the ballot language for the proposed
constitutional amendment.
(b) The election division shall provide each county election board with a copy of each summary of a proposed state constitutional amendment to be submitted to the electorate of the state that is prepared under IC 3-10-3-11.
(1) The supplies provided for the inspector's precinct by the election division.
(2) The local sample ballots, the ballot labels, if any, and all poll lists, registration lists, and other supplies considered necessary to conduct the election in the inspector's precinct.
(3) The local ballots printed under the direction of the county election board as follows:
(A) In those precincts where ballot card voting systems are to be used, the number of ballots at least equal to one hundred percent (100%) of the number of voters in the inspector's precinct, according to the poll list.
(B) In those precincts where electronic voting systems are to be used, the number of ballots that will be required to be printed and furnished to the precincts for emergency purposes only.
(C) Provisional ballots in the number considered necessary by
the county election board.
(4) Twenty (20) ink pens suitable for printing the names of
write-in candidates on the ballot or ballot envelope.
(5) Copies of the voter's bill of rights for posting as required by 42
U.S.C. 15482.
(6) Copies of the instructions for a provisional voter required by
42 U.S.C. 15482. The county election board shall provide at least
the number of copies of the instructions as the number of
provisional ballots provided under subdivision (3).
(7) Copies of each summary of a proposed state constitutional
amendment to be submitted to the electorate of the state for
posting as required by IC 3-10-3-11(e).
