Indiana House Bill HB1116 Amended / Bill

                    *EH1116.1*
February 15, 2022
ENGROSSED
HOUSE BILL No. 1116
_____
DIGEST OF HB 1116 (Updated February 14, 2022 12:02 pm - DI 104)
Citations Affected:  IC 3-5; IC 3-11; IC 3-11.7; IC 3-12.
Synopsis:  Electronic voting machines. Changes the date by which a
county must provide a voter verifiable paper audit trail for electronic
voting systems from December 31, 2029, to July 1, 2024. Provides that,
after July 1, 2022, a county must meet certain requirements when using
any direct record electronic voting system that does not include a voter
verifiable paper audit trail for an election. Provides that the security
agreement that counties are required to enter into with the secretary of
state must be funded by money received from the federal government
or from money appropriated by the general assembly. Specifies
(Continued next page)
Effective:  Upon passage; July 1, 2022.
Wesco, O'Brien, Manning
(SENATE SPONSOR — FORD JON)
January 4, 2022, read first time and referred to Committee on Elections and
Apportionment.
January 11, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
January 25, 2022, amended, reported — Do Pass.
January 27, 2022, read second time, amended, ordered engrossed.
January 28, 2022, engrossed.
January 31, 2022, read third time, passed. Yeas 66, nays 28.
SENATE ACTION
February 7, 2022, read first time and referred to Committee on Elections.
February 14, 2022, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
EH 1116—LS 7032/DI 149 Digest Continued
requirements of a statement that must be printed on the envelope of an
absentee ballot application. Provides that before an individual can
access an absentee ballot application that is submitted in an electronic
format using a module of the computerized list, the individual must
provide either the individual's Indiana driver's license number or the
last four digits of the individual's Social Security number. Requires that
voting before an absentee voter board at the circuit court clerk's office
or at a satellite office be referred to as "early voting" on all forms
prescribed by the election division and in all communications with
voters. Requires an electronic poll book to have the capacity to transmit
certain information that a voter cast a provisional ballot. Requires
certain information to be included in the  computerized list concerning
a voter's casting of a provisional ballot. Repeals language that requires
the circuit court clerk to provide notice containing certain information
to each voter who casts a provisional ballot. Changes the term "risk-
limiting audit" to "post-election audit". Removes the word "pilot" from
the chapter concerning post-election audits. Provides that the secretary
of state shall determine the number of elections that are subject to a
post-election audit.
EH 1116—LS 7032/DI 149EH 1116—LS 7032/DI 149 February 15, 2022
Second Regular Session of the 122nd General Assembly (2022)
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 this style type.
  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 this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1116
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-5-4-12, AS AMENDED BY P.L.193-2021,
2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 12. (a) This section applies only if the costs to
4 a county to enter into an agreement required by this section can be
5 paid from money:
6 (1) received from the federal government and permitted to be
7 spent for this purpose; or
8 (2) appropriated by the general assembly for this purpose.
9 (a) (b) Each county shall enter into an agreement with the secretary
10 of state to use a threat intelligence and enterprise security company
11 designated by the secretary of state to provide hardware, software, and
12 services to:
13 (1) investigate cybersecurity attacks;
14 (2) protect against malicious software; and
15 (3) analyze information technology security risks.
16 (b) (c) The agreement to provide services to a county under this
17 section:
EH 1116—LS 7032/DI 149 2
1 (1) has no effect on any threat intelligence and enterprise security
2 service provided to the county by any other agreement with a
3 provider or by any county employee or contractor; and
4 (2) must be designed to complement any existing service
5 agreement or service used by the county;
6 when the county enters into the agreement.
7 (d) This section expires January 1, 2023. 2028.
8 SECTION 2. IC 3-11-4-2, AS AMENDED BY P.L.278-2019,
9 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 2. (a) A voter who wants to vote by absentee
11 ballot must apply to the county election board for an official absentee
12 ballot. Except as provided in subsection (b), the voter must sign the
13 absentee ballot application.
14 (b) If a voter with disabilities is unable to sign the absentee ballot
15 application and the voter has not designated an individual to serve as
16 attorney in fact for the voter, the voter may designate an individual
17 eligible to assist the voter under IC 3-11-9-2(a) to sign the application
18 on behalf of the voter and add the individual's name to the application.
19 If an individual applies for an absentee ballot as the properly
20 authorized attorney in fact for a voter, the attorney in fact must attach
21 a copy of the power of attorney to the application and comply with
22 subsection (d).
23 (c) A person may provide an individual with an application for an
24 absentee ballot with the following information already printed or
25 otherwise set forth on the application when provided to the individual:
26 (1) The name of the individual.
27 (2) The voter registration address of the individual.
28 (3) The mailing address of the individual.
29 (4) The date of birth of the individual.
30 (d) A person may not provide an individual with an application for
31 an absentee ballot with the following information already printed or
32 otherwise set forth on the application when provided to the individual:
33 (1) The address to which the absentee ballot would be mailed, if
34 different from the voter registration address of the individual.
35 (2) In a primary election, the major political party ballot requested
36 by the individual.
37 (3) In a primary or general election, the types of absentee ballots
38 requested by the individual.
39 (4) The reason why the individual is entitled to vote an absentee
40 ballot:
41 (A) by mail; or
42 (B) before an absentee voter board (other than an absentee
EH 1116—LS 7032/DI 149 3
1 voter board located in the office of the circuit court clerk or a
2 satellite office);
3 in accordance with IC 3-11-4-18, IC 3-11-10-24, or
4 IC 3-11-10-25.
5 (5) The voter identification number of the individual.
6 (e) If the county election board determines that an absentee ballot
7 application does not comply with subsection (d), the board shall deny
8 the application under section 17.5 of this chapter.
9 (f) The following statement must be printed in at least 16 point
10 font size, underlined, and clearly legible print on the envelope of an
11 absentee ballot application that a person sends to an individual:
12 "(Name of person sending the absentee ballot application) has
13 sent you the enclosed application. This is unsolicited and is not
14 sent by a state or local elections official.".
15 (g) This subsection applies only to an absentee ballot application
16 submitted in an electronic format using a module of the
17 computerized list under IC 3-7-26.3. In order for an individual to
18 access the absentee ballot application, the individual shall provide
19 either of the following:
20 (1) The individual's ten (10) digit Indiana driver's license
21 number.
22 (2) The last four (4) digits of the individual's Social Security
23 number.
24 (f) (h) A person who assists an individual in completing any
25 information described in subsection (d) on an absentee ballot
26 application shall state under the penalties for perjury the following
27 information on the application:
28 (1) The full name, residence and mailing address, and daytime
29 and evening telephone numbers (if any) of the person providing
30 the assistance.
31 (2) The date this assistance was provided.
32 (3) That the person providing the assistance has complied with
33 Indiana laws governing the submission of absentee ballot
34 applications.
35 (4) That the person has no knowledge or reason to believe that the
36 individual submitting the application:
37 (A) is ineligible to vote or to cast an absentee ballot; or
38 (B) did not properly complete and sign the application.
39 When providing assistance to an individual, the person must, in the
40 individual's presence and with the individual's consent, provide the
41 information listed in subsection (d) if the individual is unable to do so.
42 (g) (i) This subsection does not apply to an employee of the United
EH 1116—LS 7032/DI 149 4
1 States Postal Service or a bonded courier company acting in the
2 individual's capacity as an employee of the United States Postal Service
3 or a bonded courier company. A person who receives a completed
4 absentee ballot application from the individual who has applied for the
5 absentee ballot shall indicate on the application the date the person
6 received the application, and file the application with the appropriate
7 county election board or election division not later than:
8 (1) noon ten (10) days after the person receives the application;
9 or
10 (2) the deadline set by Indiana law for filing the application with
11 the board;
12 whichever occurs first. The election division, a county election board,
13 or a board of elections and registration shall forward an absentee ballot
14 application to the county election board or board of elections and
15 registration of the county where the individual resides.
16 (h) (j) This subsection does not apply to an employee of the United
17 States Postal Service or a bonded courier company acting in the
18 individual's capacity as an employee of the United States Postal Service
19 or a bonded courier company, or to the election division, a county
20 election board, or a board of elections and registration. A person filing
21 an absentee ballot application, other than the person's own absentee
22 ballot application, must include an affidavit with the application. The
23 affidavit must be signed by the individual who received the completed
24 application from the applicant. The affidavit must be in a form
25 prescribed by the election division. The form must include the
26 following:
27 (1) A statement of the full name, residence and mailing address,
28 and daytime and evening telephone numbers (if any) of the person
29 submitting the application.
30 (2) A statement that the person filing the affidavit has complied
31 with Indiana laws governing the submission of absentee ballot
32 applications.
33 (3) The date (or dates) that the absentee ballot applications
34 attached to the affidavit were received.
35 (4) A statement that the person has no knowledge or reason to
36 believe that the individual whose application is to be filed:
37 (A) is ineligible to vote or to cast an absentee ballot; or
38 (B) did not properly complete and sign the application.
39 (5) A statement that the person is executing the affidavit under the
40 penalties of perjury.
41 (6) A statement setting forth the penalties for perjury.
42 (i) (k) The county election board shall record the date and time of
EH 1116—LS 7032/DI 149 5
1 the filing of the affidavit.
2 SECTION 3. IC 3-11-4-3, AS AMENDED BY P.L.109-2021,
3 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 3. (a) Except as provided in subsection (c) and
5 section 6 of this chapter, an application for an absentee ballot must be
6 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
7 or IC 3-6-5.6, the director of the board of elections and registration) not
8 earlier than the date the registration period resumes under IC 3-7-13-10
9 nor later than the following:
10 (1) Noon on election day if the voter registers to vote under
11 IC 3-7-36-14.
12 (2) Noon on the day before election day if the voter:
13 (A) completes the application in the office of the circuit court
14 clerk under IC 3-11-10-26; or
15 (B) is an absent uniformed services voter or overseas voter
16 who requests that the ballot be transmitted by electronic mail
17 or fax under section 6(h) of this chapter.
18 (3) Noon on the day before election day if:
19 (A) the application is a mailed, transmitted by electronic mail,
20 or fax, or hand delivered application from a confined voter or
21 voter caring for a confined person; and
22 (B) the applicant requests that the absentee ballots be
23 delivered to the applicant by an absentee voter board under
24 IC 3-11-10-25.
25 (4) 11:59 p.m. twelve (12) days before election day if the
26 application is:
27 (A) a mailed application;
28 (B) transmitted by electronic mail;
29 (C) transmitted by fax; or
30 (D) hand delivered;
31 from other voters who request to vote by mail under
32 IC 3-11-10-24.
33 (b) An application for an absentee ballot received by the election
34 division by the time and date specified by subsection (a)(2)(B), (a)(3),
35 or (a)(4) is considered to have been timely received for purposes of
36 processing by the county. The election division shall immediately
37 transmit the application to the circuit court clerk, or the director of the
38 board of elections and registration, of the county where the applicant
39 resides. The election division is not required to complete or file the
40 affidavit required under section 2(h) 2(j) of this chapter whenever the
41 election division transmits an application under this subsection.
42 (c) An application for an absentee ballot for the election may not be
EH 1116—LS 7032/DI 149 6
1 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
2 or IC 3-6-5.6, the director of the board of elections and registration)
3 earlier than December 1 of the year before the election.
4 SECTION 4. IC 3-11-4-5.1, AS AMENDED BY P.L.193-2021,
5 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2022]: Sec. 5.1. (a) The election division shall prescribe the
7 form of an application for an absentee ballot.
8 (b) This subsection does not apply to the form for an absentee ballot
9 application to be submitted by an absent uniformed services voter or
10 overseas voter that contains a standardized oath for those voters. The
11 form of the application for an absentee ballot must do all of the
12 following:
13 (1) Require the applicant to swear to or affirm under the penalties
14 of perjury that all of the information set forth on the application
15 is true to the best of the applicant's knowledge and belief.
16 (2) Require a person who assisted with the completion of the
17 application to swear to or affirm under the penalties of perjury the
18 statements set forth in section 2(f) 2(h) of this chapter.
19 (3) Serve as a verified statement for a voter to indicate a change
20 of name under IC 3-7-41. The form must require the applicant to
21 indicate the applicant's previous name.
22 (4) Set forth the penalties for perjury.
23 (c) The form prescribed by the election division shall require that a
24 voter who:
25 (1) requests an absentee ballot; and
26 (2) is eligible to vote in the precinct under IC 3-10-11 or
27 IC 3-10-12;
28 must include the affidavit required by IC 3-10-11 or a written
29 affirmation described in IC 3-10-12.
30 (d) The election division shall approve absentee ballot application
31 forms that comply with this subsection and section 2(g) 2(i) of this
32 chapter and permit the applicant to indicate a change of name under
33 subsection (b). The form prescribed by the election division must
34 request that a voter who requests an absentee ballot:
35 (1) provide the last four (4) digits of the voter's Social Security
36 number; or
37 (2) state that the voter does not have a Social Security number.
38 The form must indicate that the voter's compliance with this request is
39 optional.
40 (e) An application form submitted by a voter must comply with
41 subsection (d).
42 (f) The form prescribed by the election division must include a
EH 1116—LS 7032/DI 149 7
1 statement that permits an applicant to indicate whether:
2 (1) the applicant has been certified and is currently a participant
3 in the address confidentiality program under IC 5-26.5-2; and
4 (2) the applicant's legal address is the address set forth in the
5 applicant's voter registration.
6 If the applicant confirms these statements, the applicant may indicate
7 the address of the office of the attorney general as the address to which
8 the absentee ballot is to be mailed.
9 (g) This subsection applies to an application to receive an absentee
10 ballot:
11 (1) by mail under IC 3-11-10-24; or
12 (2) in the form of an application to vote before an absentee voter
13 board under IC 3-11-10-25 at the voter's place of confinement or
14 the residence of the voter.
15 If the voter wishes to submit an application under this section in an
16 electronic format using a module of the statewide voter registration
17 system, the voter must include a telephone number at which the voter
18 can be reached to submit the application.
19 (h) The application form for an absentee ballot must enable the
20 applicant to provide the applicant's electronic mail address. However,
21 an applicant's failure to provide an electronic mail address is not a
22 reason for denial of the absentee ballot application.
23 SECTION 5. IC 3-11-8-10.3, AS AMENDED BY P.L.193-2021,
24 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 10.3. (a) A reference to an electronic poll list in
26 a vote center plan adopted under IC 3-11-18.1 before July 1, 2014, is
27 considered to be a reference to an electronic poll book (as defined by
28 IC 3-5-2-20.5), unless otherwise expressly provided in the vote center
29 plan.
30 (b) An electronic poll book must satisfy all of the following:
31 (1) An electronic poll book must be programmed so that the
32 coordinated action of two (2) election officers who are not
33 members of the same political party is necessary to access the
34 electronic poll book.
35 (2) An electronic poll book may not be connected to a voting
36 system. However, the electronic poll book may be used in
37 conjunction with a voting system if both of the following apply:
38 (A) The electronic poll book contains a device that must be
39 physically removed from the electronic poll book by a person
40 and the device is inserted into the voting system, with no
41 hardware or software connection existing between the
42 electronic poll book and the voting system.
EH 1116—LS 7032/DI 149 8
1 (B) All data on the device is erased when the device is
2 removed from the voting system and before the device is
3 reinserted into an electronic poll book.
4 (3) An electronic poll book may not permit access to voter
5 information other than:
6 (A) information provided on the certified list of voters
7 prepared under IC 3-7-29-1; or
8 (B) information concerning any of the following received or
9 issued after the electronic poll list has been downloaded by the
10 county election board under IC 3-7-29-6:
11 (i) The county's receipt of an absentee ballot from the voter.
12 (ii) The county's receipt of additional documentation
13 provided by the voter to the county voter registration office.
14 (iii) The county's issuance of a certificate of error.
15 An electronic poll book may not display whether a voter's
16 registration record is in active or inactive status.
17 (4) The information contained on an electronic poll book must be
18 secure and placed on a dedicated, private server to secure
19 connectivity between a precinct polling place or satellite absentee
20 office and the county election board. The electronic poll book
21 must have the capability of:
22 (A) storing (in external or internal memory) the current local
23 version of the electronic poll list; and
24 (B) producing a list of audit records that reflect all of the
25 idiosyncrasies of the system, including in-process audit
26 records that set forth all transactions.
27 (5) The electronic poll book must permit a poll clerk to enter
28 information regarding an individual who has appeared to vote to
29 verify whether the individual is eligible to vote, and if so, whether
30 the voter has:
31 (A) already received a ballot at the election;
32 (B) returned an absentee ballot; or
33 (C) submitted any additional documentation required under
34 IC 3-7-33-4.5.
35 (6) After the voter has been provided with a ballot, the electronic
36 poll book must permit a poll clerk to enter information indicating
37 that the voter has received a ballot.
38 (7) The electronic poll book must transmit the information in
39 subdivision (6) to the county server so that:
40 (A) the server may transmit the information immediately to
41 every other polling place or satellite absentee office in the
42 county; or
EH 1116—LS 7032/DI 149 9
1 (B) the server makes the information immediately available to
2 every other polling place or satellite office in the county.
3 (8) The electronic poll book must permit reports to be:
4 (A) generated by a county election board for a watcher
5 appointed under IC 3-6-8 at any time during election day; and
6 (B) electronically transmitted by the county election board to
7 a political party or independent candidate who has appointed
8 a watcher under IC 3-6-8.
9 (9) On each day after absentee ballots are cast before an absentee
10 voter board in the circuit court clerk's office, a satellite office, or
11 a vote center, and after election day, the electronic poll book must
12 permit voter history to be quickly and accurately uploaded into
13 the computerized list (as defined in IC 3-7-26.3-2).
14 (10) The electronic poll book must be able to display an electronic
15 image of the signature of a voter taken from:
16 (A) the voter's registration application; or
17 (B) a more recent signature of a voter from an absentee
18 application, poll list, electronic poll book, or registration
19 document.
20 (11) The electronic poll book must be used with a signature pad,
21 tablet, or other signature capturing device that permits the voter
22 to make an electronic signature for comparison with the signature
23 displayed under subdivision (10). An image of the electronic
24 signature made by the voter on the signature pad, tablet, or other
25 signature capturing device must be retained and identified as the
26 signature of the voter for the period required for retention under
27 IC 3-10-1-31.1.
28 (12) The electronic poll book must include a bar code capturing
29 device that:
30 (A) permits a voter who presents an Indiana driver's license or
31 a state identification card issued under IC 9-24-16 to scan the
32 license or card through the bar code reader or tablet; and
33 (B) has the capability to display the voter's registration record
34 upon processing the information contained within the bar code
35 on the license or card.
36 (13) A printer separate from the electronic poll book used in a
37 vote center county may be programmed to print on the back of a
38 ballot card, immediately before the ballot card is delivered to the
39 voter, the printed initials of the poll clerks captured through the
40 electronic signature pad or tablet at the time the poll clerks log
41 into the electronic poll book system.
42 (14) The electronic poll book must be compatible with:
EH 1116—LS 7032/DI 149 10
1 (A) any hardware attached to the electronic poll book, such as
2 signature capturing devices, bar code capturing devices, and
3 network cards;
4 (B) the statewide voter registration system; and
5 (C) any software system used to prepare voter information to
6 be included on the electronic poll book.
7 (15) The electronic poll book must have the ability to be used in
8 conformity with this title for:
9 (A) any type of election conducted in Indiana; or
10 (B) any combination of elections held concurrently with a
11 general election, municipal election, primary election, or
12 special election.
13 (16) The procedures for setting up, using, and shutting down an
14 electronic poll book must be reasonably easy for a precinct
15 election officer to learn, understand, and perform. A vendor shall
16 provide sufficient training to election officials and poll workers
17 to completely familiarize them with the operations essential for
18 carrying out election activities. A vendor shall provide an
19 assessment of learning goals achieved by the training in
20 consultation with VSTOP (as described in IC 3-11-18.1-12).
21 (17) The electronic poll book must enable a precinct election
22 officer to verify that the electronic poll book:
23 (A) has been set up correctly;
24 (B) is working correctly so as to verify the eligibility of the
25 voter;
26 (C) is correctly recording that a voter received a ballot; and
27 (D) has been shut down correctly.
28 (18) The electronic poll book must include the following
29 documentation:
30 (A) Plainly worded, complete, and detailed instructions
31 sufficient for a precinct election officer to set up, use, and shut
32 down the electronic poll book.
33 (B) Training materials that:
34 (i) may be in written or video form; and
35 (ii) must be in a format suitable for use at a polling place,
36 such as simple "how to" guides.
37 (C) Failsafe data recovery procedures for information included
38 in the electronic poll book.
39 (D) Usability tests:
40 (i) that are conducted by the manufacturer of the electronic
41 poll book or an independent testing facility using individuals
42 who are representative of the general public;
EH 1116—LS 7032/DI 149 11
1 (ii) that include the setting up, using, and shutting down of
2 the electronic poll book; and
3 (iii) that report their results using industry standard reporting
4 formats.
5 (E) A clear model of the electronic poll book system
6 architecture and the following documentation:
7 (i) End user documentation.
8 (ii) System-level and administrator level documentation.
9 (iii) Developer documentation.
10 (F) Detailed information concerning:
11 (i) electronic poll book consumables; and
12 (ii) the vendor's supply chain for those consumables.
13 (G) Vendor internal quality assurance procedures and any
14 internal or external test data and reports available to the
15 vendor concerning the electronic poll book.
16 (H) Repair and maintenance policies for the electronic poll
17 book.
18 (I) As of the date of the vendor's application for approval of
19 the electronic poll book by the secretary of state as required by
20 IC 3-11-18.1-12, the following:
21 (i) A list of customers who are using or have previously used
22 the vendor's electronic poll book.
23 (ii) A description of any known anomalies involving the
24 functioning of the electronic poll book, including how those
25 anomalies were resolved.
26 (J) Information concerning batteries used in the electronic poll
27 book, including the following:
28 (i) A list of all batteries to be used in the electronic poll
29 book and any peripherals.
30 (ii) The expected life span of each battery.
31 (iii) A log documenting when each battery was installed or
32 subsequently replaced.
33 (iv) A schedule for the replacement of each battery not later
34 than thirty (30) days before the end of the expected life span
35 of each battery.
36 (v) Plans to test batteries before each election.
37 (vi) Plans for the emergency replacement of batteries that
38 fail on election day or during the thirty (30) days before
39 election day.
40 (19) The electronic poll book and any hardware attached to the
41 electronic poll book must be designed to prevent injury or damage
42 to any individual or the hardware, including fire and electrical
EH 1116—LS 7032/DI 149 12
1 hazards.
2 (20) The electronic poll book must demonstrate that it correctly
3 processes all activity regarding each voter registration record,
4 including the use, alteration, storage, receipt, and transmittal of
5 information that is part of the record. Compliance with this
6 subdivision requires the mapping of the data life cycle of the voter
7 registration record as processed by the electronic poll book.
8 (21) The electronic poll book must successfully perform in
9 accordance with all representations concerning functionality,
10 usability, security, accessibility, and sustainability made in the
11 vendor's application for approval of the electronic poll book by
12 the secretary of state as required by IC 3-11-18.1-12.
13 (22) The electronic poll book must have the capacity to transmit
14 all information generated by the voter or poll clerk as part of the
15 process of casting a ballot, including the time and date stamp
16 indicating when the voter signed the electronic poll book, and the
17 electronic signature of the voter, for retention on the dedicated
18 private server approved by the county election board for the
19 period required by Indiana and federal law.
20 (23) The electronic poll book must:
21 (A) permit a voter to check in and sign the electronic poll book
22 even when there is a temporary interruption in connectivity to
23 the Internet; and
24 (B) provide for the uploading of each signature so that the
25 signature may be assigned to the voter's registration record.
26 (24) The electronic poll book must have the capacity, for each
27 voter who appears on the electronic poll list, to transmit
28 information that a voter cast a provisional ballot:
29 (A) from the electronic poll book to the dedicated private
30 server; and
31 (B) from the dedicated private server to the voter's record
32 in the statewide voter registration system.
33 This functionality may not be disabled.
34 (c) The county election board is responsible for the care and custody
35 of all electronic poll books while not in use.
36 (d) The county election board is responsible for ensuring that all
37 electronic poll books are dedicated devices to be used only for their
38 intended purpose and for no other activity. Software that is not needed
39 for the essential purpose of running the electronic poll book may not be
40 installed on an electronic poll book.
41 SECTION 6. IC 3-11-8-25.2, AS AMENDED BY P.L.193-2021,
42 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
EH 1116—LS 7032/DI 149 13
1 JULY 1, 2022]: Sec. 25.2. (a) The poll clerk or assistant poll clerk shall
2 examine the list provided under IC 3-7-29-1 to determine if the county
3 election board has indicated that the voter is required to provide
4 additional personal identification under 52 U.S.C. 21083 and
5 IC 3-7-33-4.5 before voting in person. If the list indicates that the voter
6 is required to present this identification before voting in person, the
7 poll clerk shall advise the voter that the voter must present, in addition
8 to the proof of identification required by section 25.1(a) of this chapter,
9 a piece of identification described in subsection (b) to the poll clerk.
10 (b) As required by 52 U.S.C. 21083, and in addition to the proof of
11 identification required by section 25.1(a) of this chapter, a voter
12 described by IC 3-7-33-4.5 who has not complied with IC 3-7-33-4.5
13 before appearing at the polls on election day must present one (1) of the
14 following documents to the poll clerk:
15 (1) A current and valid photo identification.
16 (2) A current utility bill.
17 (3) A current bank statement.
18 (4) A current government check.
19 (5) A current paycheck.
20 (6) A current government document.
21 The document presented by the voter must show the name and
22 residence address of the voter.
23 (c) If a voter presents a document under subsection (b), the poll
24 clerk shall add a notation to the list indicating the type of document
25 presented by the voter. The election division shall prescribe a
26 standardized coding system to classify documents presented under this
27 subsection for entry into the county voter registration system.
28 (d) If a voter required to present documentation under subsection (b)
29 is unable to present the documentation to the poll clerk while present
30 in the polls, the poll clerk shall notify the precinct election board. The
31 board shall provide a provisional ballot to the voter under IC 3-11.7-2.
32 (e) The precinct election board shall advise the voter, both orally
33 and in writing, that the voter may file a copy of the documentation with
34 the county voter registration office to permit the provisional ballot to
35 be counted under IC 3-11.7. The election division shall prescribe the
36 form of the explanation required by this subsection.
37 (f) The circuit court clerk shall provide the notice required by
38 IC 3-11.7-6-4 to a voter who casts a provisional ballot under this
39 section.
40 SECTION 7. IC 3-11-10-26, AS AMENDED BY P.L.193-2021,
41 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 26. (a) This subsection applies to all counties,
EH 1116—LS 7032/DI 149 14
1 except for a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an
2 alternative to voting by mail, a voter is entitled to cast an absentee
3 ballot before an absentee voter board at any of the following:
4 (1) One (1) location of the office of the circuit court clerk
5 designated by the circuit court clerk.
6 (2) A satellite office established under section 26.3 of this
7 chapter.
8 (b) This subsection applies to a county to which IC 3-6-5.2 or
9 IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is
10 entitled to cast an absentee ballot before an absentee voter board at any
11 of the following:
12 (1) The office of the board of elections and registration.
13 (2) A satellite office established under section 26.3 of this
14 chapter.
15 (c) Except for a location designated under subsection (a)(1), a
16 location of the office of the circuit court clerk must be established as
17 a satellite office under section 26.3 of this chapter in order to be used
18 as a location at which a voter is entitled to cast an absentee ballot
19 before an absentee voter board under this section.
20 (d) The voter must do the following before being permitted to vote:
21 (1) This subdivision does not apply to a county that uses
22 electronic poll books for voting under this section. Sign an
23 application on the form prescribed by the election division under
24 IC 3-11-4-5.1. The application must be received by the circuit
25 court clerk not later than the time prescribed by IC 3-11-4-3.
26 (2) This subdivision applies only to a county that uses electronic
27 poll books for voting under this section and in which the ballot is
28 cast on an electronic voting system. The voter must do the
29 following:
30 (A) If the county election board has prescribed an affidavit
31 under subsection (e) that includes a unique identifier to
32 comply with section 26.2(c)(3) of this chapter, make and
33 subscribe to the affidavit.
34 (B) Sign the electronic poll book.
35 (C) Provide proof of identification.
36 (3) This subdivision applies only to a county that uses electronic
37 poll books for voting under this section and in which the ballot is
38 cast on an optical scan voting system. The voter must do the
39 following:
40 (A) Sign the electronic poll book.
41 (B) Provide proof of identification.
42 (C) Sign the affidavit prescribed by section 29 of this chapter.
EH 1116—LS 7032/DI 149 15
1 (e) The county election board may:
2 (1) prescribe an affidavit that includes a unique identifier; or
3 (2) establish a procedure to produce a document, label, or
4 electronic record that is associated with each voter and includes
5 a unique identifier;
6 to comply with section 26.2(c)(3) of this chapter. After the county
7 election board approves an affidavit or procedure described in this
8 subsection and before the affidavit or procedure is used in an election,
9 the county election board shall file a copy of the affidavit or a brief
10 description of the procedure with the election division to assist the state
11 recount commission in conducting proceedings under IC 3-12-11.
12 (f) The voter may vote before the board not more than twenty-eight
13 (28) days nor later than noon on the day before election day. If the
14 close of a voter registration period is transferred under IC 3-5-4-1.5
15 from twenty-nine (29) days to a later date due to the Columbus Day
16 holiday, the voter may vote before the board on the first day following
17 the day on which the voter registration period closes.
18 (g) An absent uniformed services voter who is eligible to vote by
19 absentee ballot in the circuit court clerk's office under IC 3-7-36-14
20 may vote before the board not earlier than twenty-eight (28) days
21 before the election and not later than noon on election day. If the close
22 of a voter registration period is transferred under IC 3-5-4-1.5 from
23 twenty-nine (29) days to a later date due to the Columbus Day holiday,
24 the voter may vote before the board on the first day following the day
25 on which the voter registration period closes. If a voter described by
26 this subsection wishes to cast an absentee ballot during the period
27 beginning at noon on the day before election day and ending at noon on
28 election day, the county election board or absentee voter board may
29 receive and process the ballot at a location designated by resolution of
30 the county election board.
31 (h) The absentee voter board in the office of the circuit court clerk
32 must permit voters to cast absentee ballots under this section for at
33 least seven (7) hours on each of the two (2) Saturdays preceding
34 election day. However, the county election board may adopt a
35 resolution authorizing the circuit court clerk to:
36 (1) use the office of the circuit court clerk designated in
37 subsection (a)(1); or
38 (2) establish a satellite office under section 26.3 of this chapter;
39 to permit voters to cast absentee ballots under this section for at least
40 four (4) hours on the third Saturday preceding election day.
41 (i) Notwithstanding subsection (h), in a county with a population of
42 less than twenty thousand (20,000), the absentee voter board in the
EH 1116—LS 7032/DI 149 16
1 office of the circuit court clerk, with the approval of the county election
2 board, may reduce the number of hours available to cast absentee
3 ballots under this section to a minimum of four (4) hours on each of the
4 two (2) Saturdays preceding election day.
5 (j) As provided by 52 U.S.C. 21081, a voter casting an absentee
6 ballot under this section must be:
7 (1) permitted to verify in a private and independent manner the
8 votes selected by the voter before the ballot is cast and counted;
9 (2) provided with the opportunity to change the ballot or correct
10 any error in a private and independent manner before the ballot is
11 cast and counted, including the opportunity to receive a
12 replacement ballot if the voter is otherwise unable to change or
13 correct the ballot; and
14 (3) notified before the ballot is cast regarding the effect of casting
15 multiple votes for the office and provided an opportunity to
16 correct the ballot before the ballot is cast and counted.
17 (k) As provided by 52 U.S.C. 21081, when an absentee ballot is
18 provided under this section, the board must also provide the voter with:
19 (1) information concerning the effect of casting multiple votes for
20 an office; and
21 (2) instructions on how to correct the ballot before the ballot is
22 cast and counted, including the issuance of replacement ballots.
23 (l) If:
24 (1) the voter is unable or declines to present the proof of
25 identification; or
26 (2) a member of the board determines that the proof of
27 identification provided by the voter does not qualify as proof of
28 identification under IC 3-5-2-40.5;
29 the voter shall be permitted to cast a provisional ballot.
30 (m) This subsection applies to a voter who casts an absentee ballot
31 that is treated as a provisional ballot under subsection (l). The board
32 shall provide the voter, both orally and in writing, an explanation of
33 what actions, if any, the voter must take in order to have the voter's
34 ballot counted. The election division shall prescribe the form of the
35 explanation required by this subsection. The circuit court clerk shall
36 also provide the notice required by IC 3-11.7-6-4 to the voter.
37 (n) A voter casting an absentee ballot under this section is entitled
38 to cast the voter's ballot in accordance with IC 3-11-9.
39 (o) In a primary election, a voter casting an absentee ballot under
40 this chapter may not change the voter's choice of the voter's political
41 party after the voter has been mailed or otherwise provided with a
42 primary ballot containing the candidates of that party.
EH 1116—LS 7032/DI 149 17
1 SECTION 8. IC 3-11-10-26.1 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2022]: Sec. 26.1. Voting before an absentee
4 voter board under section 26 of this chapter shall be referred to as
5 "early voting" on all forms prescribed by the election division and
6 in all communications with voters.
7 SECTION 9. IC 3-11-14-2, AS AMENDED BY P.L.109-2021,
8 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection
10 subsections (c) and (f), a county election board may use an approved
11 electronic voting system:
12 (1) in any election;
13 (2) in all or in some of the precincts within a political subdivision
14 holding an election; and
15 (3) instead of or in combination with any other voting method.
16 (b) A county election board may use an electronic voting system
17 which includes a voter verifiable paper audit trail if the voting system:
18 (1) otherwise complies with this chapter and IC 3-11-15; and
19 (2) is certified by the Indiana election commission.
20 (c) A county election board may not use an approved electronic
21 voting system purchased, leased, or otherwise acquired by the county
22 after December 31, 2019, unless the system:
23 (1) is certified by the Indiana election commission; and
24 (2) includes a voter-verifiable voter verifiable paper audit trail.
25 This subsection does not prohibit a county election board from having
26 maintenance performed on an electronic voting system purchased,
27 leased, or otherwise acquired by the county before January 1, 2020.
28 (d) The voter verifiable paper audit trail must contain all of the
29 following:
30 (1) The name or code of the election as provided by the voting
31 system.
32 (2) The date of the election.
33 (3) The date the voter verifiable paper audit trail was printed.
34 (4) A security code and record number specific to each paper
35 receipt assigned by the voting system.
36 (5) The name or designation of the voter's precinct.
37 (6) The name or designation of each office on the voter's ballot.
38 (7) The name of the candidate and the designation of the
39 candidate's political party selected by the voter.
40 (8) If the voter selects a straight party ticket, the name of the
41 political party ticket the voter selected.
42 (9) The following information:
EH 1116—LS 7032/DI 149 18
1 (A) A description of the text of any public question or judicial
2 retention question on the voter's ballot that:
3 (i) contains not more than thirty (30) characters; and
4 (ii) the county election board determines reasonably conveys
5 the content of the public question or judicial retention
6 question.
7 (B) The response the voter selected for each question.
8 (e) The voter verifiable paper audit trail may contain additional
9 information and instructions determined to be useful to the voter by the
10 county election board subject to the design capabilities of the voter
11 verifiable paper audit trail.
12 (f) This subsection applies to a county in which any direct
13 record electronic voting system that does not include a voter
14 verifiable paper audit trail is used for an election. A county election
15 board shall not use a direct record electronic voting system in an
16 election after July 1, 2022, unless the county election board:
17 (1) uses a number of direct record electronic voting systems
18 including a voter verifiable paper audit trail in the election
19 that is equal to or greater than ten percent (10%) of the total
20 number of direct record electronic voting systems owned,
21 leased, or otherwise available to the county as of January 1,
22 2022, and as of January 1 in each year thereafter;
23 (2) determines, not later than July 1, 2022, and January 1 of
24 each year thereafter, the minimum number of direct record
25 electronic voting systems including a voter verifiable paper
26 audit trail necessary to comply with the requirement of this
27 subsection; and
28 (3) files a certification of this determination to the secretary
29 of state not later than August 11, 2022, and February 11 of
30 each year thereafter.
31 SECTION 10. IC 3-11-15-13.3, AS AMENDED BY P.L.193-2021,
32 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 13.3. (a) To be approved by the commission for
34 use in Indiana, a voting system must meet one (1) of the following:
35 (1) The Voting System Standards adopted by the Federal Election
36 Commission on April 30, 2002.
37 (2) The Voluntary Voting System Guidelines adopted by the
38 United States Election Assistance Commission on December 13,
39 2005.
40 (3) The Voluntary Voting System Guidelines adopted by the
41 United States Election Assistance Commission, as amended on
42 March 31, 2015.
EH 1116—LS 7032/DI 149 19
1 (b) Except as provided in subsection (c), a county may continue to
2 use an optical scan ballot card voting system or an electronic voting
3 system whose approval or certification expired on or before October 1,
4 2021, if the voting system:
5 (1) was:
6 (A) approved by the commission for use in elections in Indiana
7 before October 1, 2021; and
8 (B) purchased or leased by the county before October 1, 2021;
9 and
10 (2) otherwise complies with the applicable provisions of HAVA
11 and this article.
12 However, a voting system vendor may not market, sell, lease, or install
13 a voting system described in this subsection.
14 (c) A county may not continue to use an electronic voting system
15 after December 31, 2029, July 1, 2024, unless the:
16 (1) system includes a voter verifiable paper audit trail, provided
17 that the cost to a county to procure the voter verifiable paper
18 audit trail equipment is paid from money:
19 (A) received from the federal government and permitted to
20 be spent for this purpose; or
21 (B) appropriated by the general assembly for this purpose;
22 and
23 (2) certification of that system by the commission has not expired.
24 (d) As provided by 52 U.S.C. 21081, to be used in an election in
25 Indiana, a voting system must be accessible for individuals with
26 disabilities, including nonvisual accessibility for the blind and visually
27 impaired, in a manner that provides the same opportunity for access
28 and participation (including privacy and independence) as for other
29 voters.
30 (e) As provided by 52 U.S.C. 21081, an election board conducting
31 an election satisfies the requirements of subsection (d) if the election
32 board provides at least one (1) electronic voting system or other voting
33 system equipped for individuals with disabilities at each polling place.
34 (f) If a voter who is otherwise qualified to cast a ballot in a precinct
35 chooses to cast the voter's ballot on the voting system provided under
36 subsection (e), the voter must be allowed to cast the voter's ballot on
37 that voting system, whether or not the voter is an individual with
38 disabilities.
39 SECTION 11. IC 3-11.7-2-2, AS AMENDED BY P.L.193-2021,
40 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 2. (a) A provisional voter shall do the following:
42 (1) Execute the affidavit described in IC 3-10-1-9 or
EH 1116—LS 7032/DI 149 20
1 IC 3-11-8-23.
2 (2) Sign the poll list.
3 (3) Mark the ballot in the presence of no other person, unless the
4 voter requests help in marking a ballot under IC 3-11-9.
5 (4) Fold each ballot separately.
6 (5) Fold each ballot so as to conceal the marking.
7 (6) Enclose each ballot, with the seal and signature of the circuit
8 court clerk on the outside, together with any unused ballot, in the
9 envelope provided by the county election board under
10 IC 3-11.7-1-8.
11 (7) Securely seal the envelope.
12 (b) A provisional voter may mark a ballot with a pen or a lead
13 pencil.
14 (c) This subsection applies to a provisional voter described in
15 section 1(a)(1), 1(a)(2), or 1(a)(3) of this chapter. As provided by 52
16 U.S.C. 21082, a precinct election officer shall give the provisional
17 voter a copy of the written instructions prescribed by the county
18 election board under IC 3-11.7-6-3 after the voter returns the envelope
19 containing the provisional voter's ballots.
20 (d) This subsection applies to a provisional voter described in
21 section 1(a) or 1(b) of this chapter. In addition to the written
22 instructions required by subsection (c), a precinct election officer shall
23 provide the provisional voter, both orally and in writing, an explanation
24 of what actions, if any, the provisional voter must take in order to have
25 the provisional voter's ballot counted. The election division shall
26 prescribe the form of the explanation required by this subsection. The
27 circuit court clerk shall also provide the notice required by
28 IC 3-11.7-6-4 to the provisional voter.
29 SECTION 12. IC 3-11.7-6-3, AS AMENDED BY P.L.278-2019,
30 SECTION 135, IS AMENDED TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) As required by 52 U.S.C.
32 21082, a county election board shall establish a free access system such
33 as a toll-free telephone number or an Internet web site that enables a
34 provisional voter to determine:
35 (1) whether the individual's provisional ballot was counted; and
36 (2) if the provisional ballot was not counted, the reason the
37 provisional ballot was not counted.
38 A county election board may use a module of the computerized list
39 under IC 3-7-26.3 to comply with this subsection.
40 (b) The county election board shall enter the following into the
41 computerized list:
42 (1) The name of the individual.
EH 1116—LS 7032/DI 149 21
1 (2) The address of the individual.
2 (3) The day and time the county election board will meet to
3 determine the validity of a provisional ballot under
4 IC 3-11.7-5.
5 (3) (4) Whether the individual's provisional ballot was counted.
6 (4) (5) If the individual's provisional ballot was not counted, the
7 reason the provisional ballot was not counted.
8 An individual who casts a provisional ballot may access the
9 information described in this subsection pertaining to the
10 provisional ballot of the individual through a module of the
11 computerized list under IC 3-7-26.3.
12 (c) Not later than the earlier of:
13 (1) twenty-four (24) hours before the date the county election
14 board meets under IC 3-11.7-5 to determine the validity of a
15 provisional ballot cast by an individual; or
16 (2) three (3) days after the election;
17 the provisional ballot information described in subsection (b)(1)
18 through (b)(3) must be entered to the computerized list. The
19 provisional ballot information described in subsection (b)(4) and
20 (b)(5) must be entered into the computerized list not later than the
21 date the county election board certifies the election results of the
22 county under IC 3-12-4-9.
23 (c) (d) As required by 52 U.S.C. 21082, the county election board
24 shall establish and maintain reasonable procedures to protect the
25 security, confidentiality, and integrity of personal information
26 collected, stored, or otherwise used on the free access system
27 established by the board under subsection (a).
28 (d) (e) As required by 52 U.S.C. 21082, the county election board
29 shall restrict access to the free access system established under
30 subsection (a) to the individual voter who cast the provisional ballot.
31 This subsection does not restrict access to election materials available
32 under IC 3-10-1-31.1.
33 (e) (f) The county election board shall prescribe written instructions
34 to inform a provisional voter how the provisional voter can determine
35 whether the provisional voter's ballot has been counted.
36 SECTION 13. IC 3-11.7-6-4 IS REPEALED [EFFECTIVE JULY
37 1, 2022]. Sec. 4. (a) Not later than three (3) calendar days after election
38 day, the circuit court clerk shall provide a notice containing the
39 following information to each voter who casts a provisional ballot:
40 (1) The reason or reasons that the voter's ballot is being treated as
41 a provisional ballot.
42 (2) A description of what actions, if any, the provisional voter
EH 1116—LS 7032/DI 149 22
1 must take in order to have the provisional voter's ballot counted
2 under this article.
3 (3) The deadlines by which the provisional voter is required to
4 take any actions described in subdivision (2) in order to have the
5 provisional voter's ballot counted under this article.
6 (4) The following information that will enable the provisional
7 voter to inquire about the provisional voter's ballot:
8 (A) The name of the office that the provisional voter may
9 contact.
10 (B) The address of the office described in clause (A).
11 (C) The telephone number at the office described in clause (A)
12 that the voter may use to contact the office about the voter's
13 provisional ballot.
14 (D) Any other information the circuit court clerk considers
15 useful to provide assistance to the provisional voter in
16 inquiring about the provisional ballot.
17 (b) The notice required by subsection (a) must be:
18 (1) sent by first class United States mail; or
19 (2) given by another method the circuit court clerk determines
20 will provide actual notice to the voter.
21 (c) The notice required by subsection (a) must be in a form
22 prescribed by the election division.
23 SECTION 14. IC 3-12-13-3, AS ADDED BY P.L.34-2019,
24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 3. As used in this chapter, "risk-limiting
26 "post-election audit" means an audit protocol that makes use of
27 statistical methods and is designed to limit to acceptable levels the risk
28 of certifying a preliminary election outcome that constitutes an
29 incorrect outcome.
30 SECTION 15. IC 3-12-13-4, AS ADDED BY P.L.34-2019,
31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 4. (a) The secretary of state may designate
33 counties as risk-limiting post-election audit pilot counties.
34 (b) For a county to be designated as a risk-limiting post-election
35 audit pilot county, the county election board must adopt a resolution
36 requesting the secretary of state to designate the county as a
37 risk-limiting post-election audit pilot county.
38 (c) In designating a county as a risk-limiting post-election audit
39 pilot county, the secretary of state shall seek to designate a variety of
40 counties as pilot post-election audit counties based on the number of
41 active voters within the county.
42 (d) A county designated as a risk-limiting post-election audit pilot
EH 1116—LS 7032/DI 149 23
1 county shall conduct risk-limiting post-election audits as provided in
2 this chapter.
3 SECTION 16. IC 3-12-13-5, AS AMENDED BY P.L.135-2020,
4 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2022]: Sec. 5. (a) The secretary of state shall determine the
6 number of elections that are subject to a risk-limiting post-election
7 audit.
8 (b) All contested elections for an elected office and all public
9 questions are eligible for designation under subsection (a) for a
10 risk-limiting post-election audit.
11 SECTION 17. IC 3-12-13-6, AS AMENDED BY P.L.193-2021,
12 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 6. (a) The secretary of state may waive the
14 requirement of section 5 of this chapter, after a written request by a
15 county election board.
16 (b) The secretary of state may waive the requirement of section 5 of
17 this chapter only if the county election board shows that the technology
18 in use by the county will not enable the county election board to satisfy
19 the requirements for a risk-limiting post-election audit for an election.
20 SECTION 18. IC 3-12-13-7, AS AMENDED BY P.L.135-2020,
21 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2022]: Sec. 7. (a) The secretary of state shall issue orders to
23 implement and administer the requirements of this chapter.
24 (b) In issuing an order under subsection (a), the secretary of state
25 shall:
26 (1) consult with recognized statistical experts, equipment vendors,
27 the election division, and county election officials; and
28 (2) consider best practices for conducting risk-limiting
29 post-election audits.
30 SECTION 19. An emergency is declared for this act.
EH 1116—LS 7032/DI 149 24
COMMITTEE REPORT
Mr. Speaker: Your Committee on Elections and Apportionment, to
which was referred House Bill 1116, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, delete lines 1 through 17, begin a new paragraph and insert:
"SECTION 1. IC 3-11-14-2, AS AMENDED BY P.L.109-2021,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection
subsections (c) and (f), a county election board may use an approved
electronic voting system:
(1) in any election;
(2) in all or in some of the precincts within a political subdivision
holding an election; and
(3) instead of or in combination with any other voting method.
(b) A county election board may use an electronic voting system
which includes a voter verifiable paper audit trail if the voting system:
(1) otherwise complies with this chapter and IC 3-11-15; and
(2) is certified by the Indiana election commission.
(c) A county election board may not use an approved electronic
voting system purchased, leased, or otherwise acquired by the county
after December 31, 2019, unless the system:
(1) is certified by the Indiana election commission; and
(2) includes a voter-verifiable voter verifiable paper audit trail.
This subsection does not prohibit a county election board from having
maintenance performed on an electronic voting system purchased,
leased, or otherwise acquired by the county before January 1, 2020.
(d) The voter verifiable paper audit trail must contain all of the
following:
(1) The name or code of the election as provided by the voting
system.
(2) The date of the election.
(3) The date the voter verifiable paper audit trail was printed.
(4) A security code and record number specific to each paper
receipt assigned by the voting system.
(5) The name or designation of the voter's precinct.
(6) The name or designation of each office on the voter's ballot.
(7) The name of the candidate and the designation of the
candidate's political party selected by the voter.
(8) If the voter selects a straight party ticket, the name of the
political party ticket the voter selected.
EH 1116—LS 7032/DI 149 25
(9) The following information:
(A) A description of the text of any public question or judicial
retention question on the voter's ballot that:
(i) contains not more than thirty (30) characters; and
(ii) the county election board determines reasonably conveys
the content of the public question or judicial retention
question.
(B) The response the voter selected for each question.
(e) The voter verifiable paper audit trail may contain additional
information and instructions determined to be useful to the voter by the
county election board subject to the design capabilities of the voter
verifiable paper audit trail.
(f) This subsection applies to a county in which any direct
record electronic voting system that does not include a voter
verifiable paper audit trail is used for an election. A county election
board shall not use a direct record electronic voting system in an
election after July 1, 2022, unless the county election board:
(1) uses a number of direct record electronic voting systems
including a voter verifiable paper audit trail in the election
that is equal to or greater than ten percent (10%) of the total
number of direct record electronic voting systems owned,
leased, or otherwise available to the county as of January 1,
2022, and as of January 1 in each year thereafter;
(2) determines, not later than July 1, 2022, and January 1 of
each year thereafter, the minimum number of direct record
electronic voting systems including a voter verifiable paper
audit trail necessary to comply with the requirement of this
subsection; and
(3) files a certification of this determination to the secretary
of state not later than August 11, 2022, and February 11 of
each year thereafter.".
Page 2, delete lines 1 through 32.
Page 3, after line 34, begin a new paragraph and insert:
"SECTION 3. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1116 as introduced.)
WESCO
Committee Vote: yeas 11, nays 0.
EH 1116—LS 7032/DI 149 26
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred House Bill 1116, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 3-5-4-12, AS AMENDED BY P.L.193-2021,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 12. (a) This section applies only if the costs to
a county to enter into an agreement required by this section can be
paid from money:
(1) received from the federal government and permitted to be
spent for this purpose; or
(2) appropriated by the general assembly for this purpose.
(a) (b) Each county shall enter into an agreement with the secretary
of state to use a threat intelligence and enterprise security company
designated by the secretary of state to provide hardware, software, and
services to:
(1) investigate cybersecurity attacks;
(2) protect against malicious software; and
(3) analyze information technology security risks.
(b) (c) The agreement to provide services to a county under this
section:
(1) has no effect on any threat intelligence and enterprise security
service provided to the county by any other agreement with a
provider or by any county employee or contractor; and
(2) must be designed to complement any existing service
agreement or service used by the county;
when the county enters into the agreement.
(d) This section expires January 1, 2023. 2028.
SECTION 2. IC 3-11-4-2, AS AMENDED BY P.L.278-2019,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: 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 voter may designate an individual
eligible to assist the voter under IC 3-11-9-2(a) to sign the application
EH 1116—LS 7032/DI 149 27
on behalf of the voter and add the individual's name to the application.
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 and comply with
subsection (d).
(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 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) This subsection applies only to an absentee ballot application
submitted in an electronic format using a module of the
computerized list under IC 3-7-26.3. In order for an individual to
access the absentee ballot application, the individual shall provide
either of the following:
(1) The individual's ten (10) digit Indiana driver's license
number.
(2) The last four (4) digits of the individual's Social Security
number.
EH 1116—LS 7032/DI 149 28
(f) (g) 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.
When providing assistance to an individual, the person must, in the
individual's presence and with the individual's consent, provide the
information listed in subsection (d) if the individual is unable to do so.
(g) (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 who receives a completed
absentee ballot application from the individual who has applied for the
absentee ballot shall indicate on the application the date the person
received the application, and file the application with the appropriate
county election board or election division not later than:
(1) noon ten (10) 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. The election division, a county election board,
or a board of elections and registration shall forward an absentee ballot
application to the county election board or board of elections and
registration of the county where the individual resides.
(h) (i) 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, or to the election division, a county
election board, or a board of elections and registration. A person filing
an absentee ballot application, other than the person's own absentee
ballot application, must include an affidavit with the application. The
affidavit must be signed by the individual who received the completed
EH 1116—LS 7032/DI 149 29
application from the applicant. The affidavit must be in a form
prescribed by the election division. 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) The date (or dates) that the absentee ballot applications
attached to the affidavit were received.
(4) 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.
(5) A statement that the person is executing the affidavit under the
penalties of perjury.
(6) A statement setting forth the penalties for perjury.
(i) (j) The county election board shall record the date and time of
the filing of the affidavit.
SECTION 3. IC 3-11-4-3, AS AMENDED BY P.L.109-2021,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) Except as provided in subsection (c) and
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
or IC 3-6-5.6, 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 under IC 3-11-10-26; 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 electronic mail,
or 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 under
EH 1116—LS 7032/DI 149 30
IC 3-11-10-25.
(4) 11:59 p.m. twelve (12) days before election day if the
application is:
(A) a mailed application;
(B) transmitted by electronic mail;
(C) transmitted by fax; or
(D) hand delivered;
from other voters who request to vote by mail under
IC 3-11-10-24.
(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) 2(i) of this chapter whenever the
election division transmits an application under this subsection.
(c) An application for an absentee ballot for the election may not be
received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
or IC 3-6-5.6, the director of the board of elections and registration)
earlier than December 1 of the year before the election.
SECTION 4. IC 3-11-4-5.1, AS AMENDED BY P.L.193-2021,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 5.1. (a) The election division shall prescribe the
form of an application for an absentee ballot.
(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) 2(g) of this chapter.
(3) Serve as a verified statement for a voter to indicate a change
of name under IC 3-7-41. The form must require the applicant to
indicate the applicant's previous name.
(4) Set forth the penalties for perjury.
(c) The form prescribed by the election division shall require that a
EH 1116—LS 7032/DI 149 31
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 election division shall approve absentee ballot application
forms that comply with this subsection and section 2(g) 2(h) of this
chapter and permit the applicant to indicate a change of name under
subsection (b). The form prescribed by the election division must
request that a voter who requests an absentee ballot:
(1) provide the last four (4) digits of the voter's Social Security
number; or
(2) state that the voter does not have a Social Security number.
The form must indicate that the voter's compliance with this request is
optional.
(e) An application form submitted by a voter must comply with
subsection (d).
(f) The form prescribed by the election division must include a
statement that permits an applicant to indicate whether:
(1) the applicant has been certified and is currently a participant
in the address confidentiality program under IC 5-26.5-2; and
(2) the applicant's legal address is the address set forth in the
applicant's voter registration.
If the applicant confirms these statements, the applicant may indicate
the address of the office of the attorney general as the address to which
the absentee ballot is to be mailed.
(g) This subsection applies to an application to receive an absentee
ballot:
(1) by mail under IC 3-11-10-24; or
(2) in the form of an application to vote before an absentee voter
board under IC 3-11-10-25 at the voter's place of confinement or
the residence of the voter.
If the voter wishes to submit an application under this section in an
electronic format using a module of the statewide voter registration
system, the voter must include a telephone number at which the voter
can be reached to submit the application.
(h) The application form for an absentee ballot must enable the
applicant to provide the applicant's electronic mail address. However,
an applicant's failure to provide an electronic mail address is not a
reason for denial of the absentee ballot application.
SECTION 5. IC 3-11-8-25.2, AS AMENDED BY P.L.193-2021,
EH 1116—LS 7032/DI 149 32
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 25.2. (a) The poll clerk or assistant poll clerk shall
examine the list provided under IC 3-7-29-1 to determine if the county
election board has indicated that the voter is required to provide
additional personal identification under 52 U.S.C. 21083 and
IC 3-7-33-4.5 before voting in person. If the list indicates that the voter
is required to present this identification before voting in person, the
poll clerk shall advise the voter that the voter must present, in addition
to the proof of identification required by section 25.1(a) of this chapter,
a piece of identification described in subsection (b) to the poll clerk.
(b) As required by 52 U.S.C. 21083, and in addition to the proof of
identification required by section 25.1(a) of this chapter, a voter
described by IC 3-7-33-4.5 who has not complied with IC 3-7-33-4.5
before appearing at the polls on election day must present one (1) of the
following documents to the poll clerk:
(1) A current and valid photo identification.
(2) A current utility bill.
(3) A current bank statement.
(4) A current government check.
(5) A current paycheck.
(6) A current government document.
The document presented by the voter must show the name and
residence address of the voter.
(c) If a voter presents a document under subsection (b), the poll
clerk shall add a notation to the list indicating the type of document
presented by the voter. The election division shall prescribe a
standardized coding system to classify documents presented under this
subsection for entry into the county voter registration system.
(d) If a voter required to present documentation under subsection (b)
is unable to present the documentation to the poll clerk while present
in the polls, the poll clerk shall notify the precinct election board. The
board shall provide a provisional ballot to the voter under IC 3-11.7-2.
(e) The precinct election board shall advise the voter, both orally
and in writing, that the voter may file a copy of the documentation with
the county voter registration office to permit the provisional ballot to
be counted under IC 3-11.7. The election division shall prescribe the
form of the explanation required by this subsection.
(f) The circuit court clerk shall provide the notice required by
IC 3-11.7-6-4 to a voter who casts a provisional ballot under this
section.
SECTION 6. IC 3-11-10-24, AS AMENDED BY P.L.109-2021,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
EH 1116—LS 7032/DI 149 33
JULY 1, 2022]: Sec. 24. (a) Except as provided in subsection (b), a
voter who satisfies any of the following is entitled to vote by mail:
(1) The voter has a specific, reasonable expectation of being
absent from the county during the period of time a voter may
vote by absentee ballot before the board (as described in
section 26 of this chapter) and on election day during the entire
twelve (12) hours that the polls are open.
(2) The voter will be absent from the precinct of the voter's
residence during the period of time a voter may vote by
absentee ballot before the board (as described in section 26 of
this chapter) and on election day, because of service as:
(A) a precinct election officer under IC 3-6-6;
(B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
(C) a challenger or pollbook holder under IC 3-6-7; or
(D) a person employed by an election board to administer the
election for which the absentee ballot is requested.
(3) The voter will be confined during the period of time a voter
may vote by absentee ballot before the board (as described in
section 26 of this chapter) and on election day during the
entire twelve (12) hours that the polls are open to the voter's
residence, to a health care facility, or to a hospital because of an
illness or injury. during the entire twelve (12) hours that the polls
are open.
(4) The voter is a voter with disabilities.
(5) The voter is an elderly voter.
(6) The voter is prevented from voting due to the voter's care of
an individual confined to a private residence because of illness or
injury during the period of time a voter may vote by absentee
ballot before the board (as described in section 26 of this
chapter) and during the entire twelve (12) hours that the polls are
open.
(7) The voter is scheduled to work at the person's regular place of
employment during the period of time a voter may vote by
absentee ballot before the board (as described in section 26 of
this chapter) and during the entire twelve (12) hours that the
polls are open.
(8) The voter is eligible to vote under IC 3-10-11 or IC 3-10-12.
(9) The voter is prevented from voting due to observance of a
religious discipline or religious holiday during the period of
time a voter may vote by absentee ballot before the board (as
described in section 26 of this chapter) and during the entire
twelve (12) hours that the polls are open.
EH 1116—LS 7032/DI 149 34
(10) The voter is an address confidentiality program participant
(as defined in IC 5-26.5-1-6).
(11) The voter is a member of the Indiana National Guard
deployed or on assignment inside Indiana or a public safety
officer.
(12) The voter is a serious sex offender (as defined in
IC 35-42-4-14(a)).
(13) The voter is prevented from voting due to the unavailability
of transportation to the polls.
(b) An absent uniformed services voter or overseas voter is entitled
to vote by mail using the combined absentee registration form and
absentee ballot request approved under 52 U.S.C. 20301(b)(2).
(c) A county shall mail an absentee ballot to a voter under this
section by nonforwardable United States Postal Service mail.
(d) Except as provided in subsection (l), a voter with disabilities
who:
(1) is unable to make a voting mark on the ballot or sign the
absentee ballot secrecy envelope; and
(2) requests that the absentee ballot be delivered to an address
within Indiana;
must vote before an absentee voter board under section 25(b) of this
chapter.
(e) If a voter receives an absentee ballot by mail, the voter shall
personally mark the ballot in secret and seal the marked ballot inside
the envelope provided by the county election board for that purpose.
The voter shall:
(1) deposit the sealed envelope in the United States mail for
delivery to the county election board; or
(2) authorize a member of the voter's household, family listed in
IC 3-6-6-7(a)(4), or the individual designated as the voter's
attorney in fact to:
(A) deposit the sealed envelope in the United States mail; or
(B) deliver the sealed envelope in person to the county
election board at:
(i) the office of the circuit court clerk or the office of the
board of elections and registration under section 26 of this
chapter;
(ii) a satellite office of the circuit court clerk designated
under section 26.3 of this chapter; or
(iii) a satellite office of a vote center under IC 3-11-18.1-11.
A voter who delivers the sealed envelope under this clause
may request a replacement absentee ballot under IC 3-11.5-4-2
EH 1116—LS 7032/DI 149 35
and cast a replacement absentee ballot at an office or vote
center described in items (i) through (iii).
(f) A county election board shall reject an absentee ballot deposited
in a drop box or other container or location that is not under the
physical control and supervision of the county election board when the
ballot is deposited.
(g) If a drop box or other container is located in a building under the
control of a political subdivision in which a document may be
deposited for other purposes related to the office of the circuit court
clerk or an office of any other political subdivision, the political
subdivision in control of the drop box or container shall post a notice
on or in a prominent location adjacent to the drop box or container
saying substantially as follows: "Do not deposit a voted absentee ballot
into this box or container. The absentee ballot will not be counted.".
(h) If an absentee ballot is deposited into a box or container in
violation of subsection (f) or (g), the county election board shall mark
the absentee ballot security envelope as rejected and, if possible,
promptly notify the individual whose name appears on the security
envelope containing the absentee ballot.
(i) If a member of the voter's household, family listed in
IC 3-6-6-7(a)(4), or the voter's attorney in fact delivers the sealed
envelope containing a voter's absentee ballot to the county election
board, the individual delivering the ballot shall complete an affidavit
in a form prescribed by the election division. The affidavit must
contain the following information:
(1) The name and residence address of the voter whose absentee
ballot is being delivered.
(2) A statement of the full name, residence and mailing address,
and daytime and evening telephone numbers (if any) of the
individual delivering the absentee ballot.
(3) A statement indicating whether the individual delivering the
absentee ballot is a member of the voter's household, family listed
in IC 3-6-6-7(a)(4), or is the attorney in fact for the voter. If the
individual is the attorney in fact for the voter, the individual must
attach a copy of the power of attorney for the voter, unless a copy
of this document has already been filed with the county election
board.
(4) The date and location at which the absentee ballot was
delivered by the voter to the individual delivering the ballot to the
county election board.
(5) A statement that the individual delivering the absentee ballot
has complied with Indiana laws governing absentee ballots.
EH 1116—LS 7032/DI 149 36
(6) A statement that the individual delivering the absentee ballot
is executing the affidavit under the penalties of perjury.
(7) A statement setting forth the penalties for perjury.
(j) The county election board shall record the date and time that the
affidavit under subsection (i) was filed with the board.
(k) After a voter has mailed or delivered an absentee ballot to the
office of the county election board, the voter may not recast a ballot,
except as provided in IC 3-11-4-17.7, IC 3-11.5-4-2, and
IC 3-11.5-4-21.
(l) A voter with print disabilities may vote by using the system
developed by the secretary of state under IC 3-11-4-6(k).
SECTION 7. IC 3-11-10-26, AS AMENDED BY P.L.193-2021,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 26. (a) This subsection applies to all counties,
except for a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an
alternative to voting by mail, a voter is entitled to cast an absentee
ballot before an absentee voter board at any of the following:
(1) One (1) location of the office of the circuit court clerk
designated by the circuit court clerk.
(2) A satellite office established under section 26.3 of this
chapter.
(b) This subsection applies to a county to which IC 3-6-5.2 or
IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is
entitled to cast an absentee ballot before an absentee voter board at any
of the following:
(1) The office of the board of elections and registration.
(2) A satellite office established under section 26.3 of this
chapter.
(c) Except for a location designated under subsection (a)(1), a
location of the office of the circuit court clerk must be established as
a satellite office under section 26.3 of this chapter in order to be used
as a location at which a voter is entitled to cast an absentee ballot
before an absentee voter board under this section.
(d) The voter must do the following before being permitted to vote:
(1) This subdivision does not apply to a county that uses
electronic poll books for voting under this section. Sign an
application on the form prescribed by the election division under
IC 3-11-4-5.1. The application must be received by the circuit
court clerk not later than the time prescribed by IC 3-11-4-3.
(2) This subdivision applies only to a county that uses electronic
poll books for voting under this section and in which the ballot is
cast on an electronic voting system. The voter must do the
EH 1116—LS 7032/DI 149 37
following:
(A) If the county election board has prescribed an affidavit
under subsection (e) that includes a unique identifier to
comply with section 26.2(c)(3) of this chapter, make and
subscribe to the affidavit.
(B) Sign the electronic poll book.
(C) Provide proof of identification.
(3) This subdivision applies only to a county that uses electronic
poll books for voting under this section and in which the ballot is
cast on an optical scan voting system. The voter must do the
following:
(A) Sign the electronic poll book.
(B) Provide proof of identification.
(C) Sign the affidavit prescribed by section 29 of this chapter.
(e) The county election board may:
(1) prescribe an affidavit that includes a unique identifier; or
(2) establish a procedure to produce a document, label, or
electronic record that is associated with each voter and includes
a unique identifier;
to comply with section 26.2(c)(3) of this chapter. After the county
election board approves an affidavit or procedure described in this
subsection and before the affidavit or procedure is used in an election,
the county election board shall file a copy of the affidavit or a brief
description of the procedure with the election division to assist the state
recount commission in conducting proceedings under IC 3-12-11.
(f) The voter may vote before the board not more than twenty-eight
(28) days nor later than noon on the day before election day. If the
close of a voter registration period is transferred under IC 3-5-4-1.5
from twenty-nine (29) days to a later date due to the Columbus Day
holiday, the voter may vote before the board on the first day following
the day on which the voter registration period closes.
(g) 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-eight (28) days
before the election and not later than noon on election day. If the close
of a voter registration period is transferred under IC 3-5-4-1.5 from
twenty-nine (29) days to a later date due to the Columbus Day holiday,
the voter may vote before the board on the first day following the day
on which the voter registration period closes. 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
EH 1116—LS 7032/DI 149 38
receive and process the ballot at a location designated by resolution of
the county election board.
(h) 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. However, the county election board may adopt a
resolution authorizing the circuit court clerk to:
(1) use the office of the circuit court clerk designated in
subsection (a)(1); or
(2) establish a satellite office under section 26.3 of this chapter;
to permit voters to cast absentee ballots under this section for at least
four (4) hours on the third Saturday preceding election day.
(i) Notwithstanding subsection (h), 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.
(j) As provided by 52 U.S.C. 21081, 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.
(k) As provided by 52 U.S.C. 21081, 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.
(l) 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;
EH 1116—LS 7032/DI 149 39
the voter shall be permitted to cast a provisional ballot.
(m) This subsection applies to a voter who casts an absentee ballot
that is treated as a provisional ballot under subsection (l). The board
shall provide the voter, both orally and in writing, an explanation of
what actions, if any, the voter must take in order to have the voter's
ballot counted. The election division shall prescribe the form of the
explanation required by this subsection. The circuit court clerk shall
also provide the notice required by IC 3-11.7-6-4 to the voter.
(n) A voter casting an absentee ballot under this section is entitled
to cast the voter's ballot in accordance with IC 3-11-9.
(o) In a primary election, a voter casting an absentee ballot under
this chapter may not change the voter's choice of the voter's political
party after the voter has been mailed or otherwise provided with a
primary ballot containing the candidates of that party.
SECTION 8. IC 3-11-10-26.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 26.1. Voting before an absentee
voter board under section 26 of this chapter shall be referred to as
"early voting" on all forms prescribed by the election division and
in all communications with voters.".
Page 3, delete lines 8 through 42.
Page 4, delete lines 1 through 9, begin a new paragraph and insert:
"SECTION 10. IC 3-11.7-2-2, AS AMENDED BY P.L.193-2021,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) A provisional voter shall do the following:
(1) Execute the affidavit described in IC 3-10-1-9 or
IC 3-11-8-23.
(2) Sign the poll list.
(3) Mark the ballot in the presence of no other person, unless the
voter requests help in marking a ballot under IC 3-11-9.
(4) Fold each ballot separately.
(5) Fold each ballot so as to conceal the marking.
(6) Enclose each ballot, with the seal and signature of the circuit
court clerk on the outside, together with any unused ballot, in the
envelope provided by the county election board under
IC 3-11.7-1-8.
(7) Securely seal the envelope.
(b) A provisional voter may mark a ballot with a pen or a lead
pencil.
(c) This subsection applies to a provisional voter described in
section 1(a)(1), 1(a)(2), or 1(a)(3) of this chapter. As provided by 52
U.S.C. 21082, a precinct election officer shall give the provisional
EH 1116—LS 7032/DI 149 40
voter a copy of the written instructions prescribed by the county
election board under IC 3-11.7-6-3 after the voter returns the envelope
containing the provisional voter's ballots.
(d) This subsection applies to a provisional voter described in
section 1(a) or 1(b) of this chapter. In addition to the written
instructions required by subsection (c), a precinct election officer shall
provide the provisional voter, both orally and in writing, an explanation
of what actions, if any, the provisional voter must take in order to have
the provisional voter's ballot counted. The election division shall
prescribe the form of the explanation required by this subsection. The
circuit court clerk shall also provide the notice required by
IC 3-11.7-6-4 to the provisional voter.
SECTION 11. IC 3-11.7-6-4 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 4. (a) Not later than three (3) calendar days after election
day, the circuit court clerk shall provide a notice containing the
following information to each voter who casts a provisional ballot:
(1) The reason or reasons that the voter's ballot is being treated as
a provisional ballot.
(2) A description of what actions, if any, the provisional voter
must take in order to have the provisional voter's ballot counted
under this article.
(3) The deadlines by which the provisional voter is required to
take any actions described in subdivision (2) in order to have the
provisional voter's ballot counted under this article.
(4) The following information that will enable the provisional
voter to inquire about the provisional voter's ballot:
(A) The name of the office that the provisional voter may
contact.
(B) The address of the office described in clause (A).
(C) The telephone number at the office described in clause (A)
that the voter may use to contact the office about the voter's
provisional ballot.
(D) Any other information the circuit court clerk considers
useful to provide assistance to the provisional voter in
inquiring about the provisional ballot.
(b) The notice required by subsection (a) must be:
(1) sent by first class United States mail; or
(2) given by another method the circuit court clerk determines
will provide actual notice to the voter.
(c) The notice required by subsection (a) must be in a form
prescribed by the election division.
SECTION 12. IC 3-12-13-3, AS ADDED BY P.L.34-2019,
EH 1116—LS 7032/DI 149 41
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. As used in this chapter, "risk-limiting
"post-election audit" means an audit protocol that makes use of
statistical methods and is designed to limit to acceptable levels the risk
of certifying a preliminary election outcome that constitutes an
incorrect outcome.
SECTION 13. IC 3-12-13-4, AS ADDED BY P.L.34-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 4. (a) The secretary of state may designate
counties as risk-limiting post-election audit pilot counties.
(b) For a county to be designated as a risk-limiting post-election
audit pilot county, the county election board must adopt a resolution
requesting the secretary of state to designate the county as a
risk-limiting post-election audit pilot county.
(c) In designating a county as a risk-limiting post-election audit
pilot county, the secretary of state shall seek to designate a variety of
counties as pilot post-election audit counties based on the number of
active voters within the county.
(d) A county designated as a risk-limiting post-election audit pilot
county shall conduct risk-limiting post-election audits as provided in
this chapter.
SECTION 14. IC 3-12-13-5, AS AMENDED BY P.L.135-2020,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 5. (a) The secretary of state shall determine the
number of elections that are subject to a risk-limiting post-election
audit.
(b) All contested elections for an elected office and all public
questions are eligible for designation under subsection (a) for a
risk-limiting post-election audit.
SECTION 15. IC 3-12-13-6, AS AMENDED BY P.L.193-2021,
SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 6. (a) The secretary of state may waive the
requirement of section 5 of this chapter, after a written request by a
county election board.
(b) The secretary of state may waive the requirement of section 5 of
this chapter only if the county election board shows that the technology
in use by the county will not enable the county election board to satisfy
the requirements for a risk-limiting post-election audit for an election.
SECTION 16. IC 3-12-13-7, AS AMENDED BY P.L.135-2020,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 7. (a) The secretary of state shall issue orders to
implement and administer the requirements of this chapter.
EH 1116—LS 7032/DI 149 42
(b) In issuing an order under subsection (a), the secretary of state
shall:
(1) consult with recognized statistical experts, equipment vendors,
the election division, and county election officials; and
(2) consider best practices for conducting risk-limiting
post-election audits.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1116 as printed January 11, 2022.)
BROWN T
Committee Vote: yeas 12, nays 7.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1116 be amended to read as
follows:
Page 16, between lines 19 and 20, begin a new paragraph and insert:
"SECTION 10. IC 3-11-15-13.3, AS AMENDED BY P.L.193-2021,
SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 13.3. (a) To be approved by the commission for
use in Indiana, a voting system must meet one (1) of the following:
(1) The Voting System Standards adopted by the Federal Election
Commission on April 30, 2002.
(2) The Voluntary Voting System Guidelines adopted by the
United States Election Assistance Commission on December 13,
2005.
(3) The Voluntary Voting System Guidelines adopted by the
United States Election Assistance Commission, as amended on
March 31, 2015.
(b) Except as provided in subsection (c), a county may continue to
use an optical scan ballot card voting system or an electronic voting
system whose approval or certification expired on or before October 1,
2021, if the voting system:
(1) was:
(A) approved by the commission for use in elections in Indiana
before October 1, 2021; and
(B) purchased or leased by the county before October 1, 2021;
and
EH 1116—LS 7032/DI 149 43
(2) otherwise complies with the applicable provisions of HAVA
and this article.
However, a voting system vendor may not market, sell, lease, or install
a voting system described in this subsection.
(c) A county may not continue to use an electronic voting system
after December 31, 2029, July 1, 2024, unless the:
(1) system includes a voter verifiable paper audit trail; and
(2) certification of that system by the commission has not expired.
(d) As provided by 52 U.S.C. 21081, to be used in an election in
Indiana, a voting system must be accessible for individuals with
disabilities, including nonvisual accessibility for the blind and visually
impaired, in a manner that provides the same opportunity for access
and participation (including privacy and independence) as for other
voters.
(e) As provided by 52 U.S.C. 21081, an election board conducting
an election satisfies the requirements of subsection (d) if the election
board provides at least one (1) electronic voting system or other voting
system equipped for individuals with disabilities at each polling place.
(f) If a voter who is otherwise qualified to cast a ballot in a precinct
chooses to cast the voter's ballot on the voting system provided under
subsection (e), the voter must be allowed to cast the voter's ballot on
that voting system, whether or not the voter is an individual with
disabilities.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1116 as printed January 25, 2022.)
BROWN T
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Elections, to which
was referred House Bill No. 1116, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 3, line 9, after "(f)" insert "The following statement must be
printed in at least 16 point font size, underlined, and clearly legible
print on the envelope of an absentee ballot application that a
person sends to an individual:
"(Name of person sending the absentee ballot application) has
sent you the enclosed application. This is unsolicited and is not
EH 1116—LS 7032/DI 149 44
sent by a state or local elections official.".
(g)".
Page 3, line 18, delete "(g)" and insert "(h)".
Page 3, line 36, delete "(h)" and insert "(i)".
Page 4, line 10, delete "(i)" and insert "(j)".
Page 4, line 36, delete "(j)" and insert "(k)".
Page 5, line 34, delete "2(i)" and insert "2(j)".
Page 6, line 12, delete "2(g)" and insert "2(h)".
Page 6, line 25, delete "2(h)" and insert "2(i)".
Page 7, between lines 16 and 17, begin a new paragraph and insert:
"SECTION 5. IC 3-11-8-10.3, AS AMENDED BY P.L.193-2021,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 10.3. (a) A reference to an electronic poll list in
a vote center plan adopted under IC 3-11-18.1 before July 1, 2014, is
considered to be a reference to an electronic poll book (as defined by
IC 3-5-2-20.5), unless otherwise expressly provided in the vote center
plan.
(b) An electronic poll book must satisfy all of the following:
(1) An electronic poll book must be programmed so that the
coordinated action of two (2) election officers who are not
members of the same political party is necessary to access the
electronic poll book.
(2) An electronic poll book may not be connected to a voting
system. However, the electronic poll book may be used in
conjunction with a voting system if both of the following apply:
(A) The electronic poll book contains a device that must be
physically removed from the electronic poll book by a person
and the device is inserted into the voting system, with no
hardware or software connection existing between the
electronic poll book and the voting system.
(B) All data on the device is erased when the device is
removed from the voting system and before the device is
reinserted into an electronic poll book.
(3) An electronic poll book may not permit access to voter
information other than:
(A) information provided on the certified list of voters
prepared under IC 3-7-29-1; or
(B) information concerning any of the following received or
issued after the electronic poll list has been downloaded by the
county election board under IC 3-7-29-6:
(i) The county's receipt of an absentee ballot from the voter.
(ii) The county's receipt of additional documentation
EH 1116—LS 7032/DI 149 45
provided by the voter to the county voter registration office.
(iii) The county's issuance of a certificate of error.
An electronic poll book may not display whether a voter's
registration record is in active or inactive status.
(4) The information contained on an electronic poll book must be
secure and placed on a dedicated, private server to secure
connectivity between a precinct polling place or satellite absentee
office and the county election board. The electronic poll book
must have the capability of:
(A) storing (in external or internal memory) the current local
version of the electronic poll list; and
(B) producing a list of audit records that reflect all of the
idiosyncrasies of the system, including in-process audit
records that set forth all transactions.
(5) The electronic poll book must permit a poll clerk to enter
information regarding an individual who has appeared to vote to
verify whether the individual is eligible to vote, and if so, whether
the voter has:
(A) already received a ballot at the election;
(B) returned an absentee ballot; or
(C) submitted any additional documentation required under
IC 3-7-33-4.5.
(6) After the voter has been provided with a ballot, the electronic
poll book must permit a poll clerk to enter information indicating
that the voter has received a ballot.
(7) The electronic poll book must transmit the information in
subdivision (6) to the county server so that:
(A) the server may transmit the information immediately to
every other polling place or satellite absentee office in the
county; or
(B) the server makes the information immediately available to
every other polling place or satellite office in the county.
(8) The electronic poll book must permit reports to be:
(A) generated by a county election board for a watcher
appointed under IC 3-6-8 at any time during election day; and
(B) electronically transmitted by the county election board to
a political party or independent candidate who has appointed
a watcher under IC 3-6-8.
(9) On each day after absentee ballots are cast before an absentee
voter board in the circuit court clerk's office, a satellite office, or
a vote center, and after election day, the electronic poll book must
permit voter history to be quickly and accurately uploaded into
EH 1116—LS 7032/DI 149 46
the computerized list (as defined in IC 3-7-26.3-2).
(10) The electronic poll book must be able to display an electronic
image of the signature of a voter taken from:
(A) the voter's registration application; or
(B) a more recent signature of a voter from an absentee
application, poll list, electronic poll book, or registration
document.
(11) The electronic poll book must be used with a signature pad,
tablet, or other signature capturing device that permits the voter
to make an electronic signature for comparison with the signature
displayed under subdivision (10). An image of the electronic
signature made by the voter on the signature pad, tablet, or other
signature capturing device must be retained and identified as the
signature of the voter for the period required for retention under
IC 3-10-1-31.1.
(12) The electronic poll book must include a bar code capturing
device that:
(A) permits a voter who presents an Indiana driver's license or
a state identification card issued under IC 9-24-16 to scan the
license or card through the bar code reader or tablet; and
(B) has the capability to display the voter's registration record
upon processing the information contained within the bar code
on the license or card.
(13) A printer separate from the electronic poll book used in a
vote center county may be programmed to print on the back of a
ballot card, immediately before the ballot card is delivered to the
voter, the printed initials of the poll clerks captured through the
electronic signature pad or tablet at the time the poll clerks log
into the electronic poll book system.
(14) The electronic poll book must be compatible with:
(A) any hardware attached to the electronic poll book, such as
signature capturing devices, bar code capturing devices, and
network cards;
(B) the statewide voter registration system; and
(C) any software system used to prepare voter information to
be included on the electronic poll book.
(15) The electronic poll book must have the ability to be used in
conformity with this title for:
(A) any type of election conducted in Indiana; or
(B) any combination of elections held concurrently with a
general election, municipal election, primary election, or
special election.
EH 1116—LS 7032/DI 149 47
(16) The procedures for setting up, using, and shutting down an
electronic poll book must be reasonably easy for a precinct
election officer to learn, understand, and perform. A vendor shall
provide sufficient training to election officials and poll workers
to completely familiarize them with the operations essential for
carrying out election activities. A vendor shall provide an
assessment of learning goals achieved by the training in
consultation with VSTOP (as described in IC 3-11-18.1-12).
(17) The electronic poll book must enable a precinct election
officer to verify that the electronic poll book:
(A) has been set up correctly;
(B) is working correctly so as to verify the eligibility of the
voter;
(C) is correctly recording that a voter received a ballot; and
(D) has been shut down correctly.
(18) The electronic poll book must include the following
documentation:
(A) Plainly worded, complete, and detailed instructions
sufficient for a precinct election officer to set up, use, and shut
down the electronic poll book.
(B) Training materials that:
(i) may be in written or video form; and
(ii) must be in a format suitable for use at a polling place,
such as simple "how to" guides.
(C) Failsafe data recovery procedures for information included
in the electronic poll book.
(D) Usability tests:
(i) that are conducted by the manufacturer of the electronic
poll book or an independent testing facility using individuals
who are representative of the general public;
(ii) that include the setting up, using, and shutting down of
the electronic poll book; and
(iii) that report their results using industry standard reporting
formats.
(E) A clear model of the electronic poll book system
architecture and the following documentation:
(i) End user documentation.
(ii) System-level and administrator level documentation.
(iii) Developer documentation.
(F) Detailed information concerning:
(i) electronic poll book consumables; and
(ii) the vendor's supply chain for those consumables.
EH 1116—LS 7032/DI 149 48
(G) Vendor internal quality assurance procedures and any
internal or external test data and reports available to the
vendor concerning the electronic poll book.
(H) Repair and maintenance policies for the electronic poll
book.
(I) As of the date of the vendor's application for approval of
the electronic poll book by the secretary of state as required by
IC 3-11-18.1-12, the following:
(i) A list of customers who are using or have previously used
the vendor's electronic poll book.
(ii) A description of any known anomalies involving the
functioning of the electronic poll book, including how those
anomalies were resolved.
(J) Information concerning batteries used in the electronic poll
book, including the following:
(i) A list of all batteries to be used in the electronic poll
book and any peripherals.
(ii) The expected life span of each battery.
(iii) A log documenting when each battery was installed or
subsequently replaced.
(iv) A schedule for the replacement of each battery not later
than thirty (30) days before the end of the expected life span
of each battery.
(v) Plans to test batteries before each election.
(vi) Plans for the emergency replacement of batteries that
fail on election day or during the thirty (30) days before
election day.
(19) The electronic poll book and any hardware attached to the
electronic poll book must be designed to prevent injury or damage
to any individual or the hardware, including fire and electrical
hazards.
(20) The electronic poll book must demonstrate that it correctly
processes all activity regarding each voter registration record,
including the use, alteration, storage, receipt, and transmittal of
information that is part of the record. Compliance with this
subdivision requires the mapping of the data life cycle of the voter
registration record as processed by the electronic poll book.
(21) The electronic poll book must successfully perform in
accordance with all representations concerning functionality,
usability, security, accessibility, and sustainability made in the
vendor's application for approval of the electronic poll book by
the secretary of state as required by IC 3-11-18.1-12.
EH 1116—LS 7032/DI 149 49
(22) The electronic poll book must have the capacity to transmit
all information generated by the voter or poll clerk as part of the
process of casting a ballot, including the time and date stamp
indicating when the voter signed the electronic poll book, and the
electronic signature of the voter, for retention on the dedicated
private server approved by the county election board for the
period required by Indiana and federal law.
(23) The electronic poll book must:
(A) permit a voter to check in and sign the electronic poll book
even when there is a temporary interruption in connectivity to
the Internet; and
(B) provide for the uploading of each signature so that the
signature may be assigned to the voter's registration record.
(24) The electronic poll book must have the capacity, for each
voter who appears on the electronic poll list, to transmit
information that a voter cast a provisional ballot:
(A) from the electronic poll book to the dedicated private
server; and
(B) from the dedicated private server to the voter's record
in the statewide voter registration system.
This functionality may not be disabled.
(c) The county election board is responsible for the care and custody
of all electronic poll books while not in use.
(d) The county election board is responsible for ensuring that all
electronic poll books are dedicated devices to be used only for their
intended purpose and for no other activity. Software that is not needed
for the essential purpose of running the electronic poll book may not be
installed on an electronic poll book.".
Page 8, delete lines 16 through 42.
Delete pages 9 through 10.
Page 11, delete lines 1 through 28.
Page 17, line 5, delete "trail;" and insert "trail, provided that the
cost to a county to procure the voter verifiable paper audit trail
equipment is paid from money:
(A) received from the federal government and permitted to
be spent for this purpose; or
(B) appropriated by the general assembly for this
purpose;".
Page 18, between lines 11 and 12, begin a new paragraph and insert:
"SECTION 13. IC 3-11.7-6-3, AS AMENDED BY P.L.278-2019,
SECTION 135, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) As required by 52 U.S.C.
EH 1116—LS 7032/DI 149 50
21082, a county election board shall establish a free access system such
as a toll-free telephone number or an Internet web site that enables a
provisional voter to determine:
(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.
A county election board may use a module of the computerized list
under IC 3-7-26.3 to comply with this subsection.
(b) The county election board shall enter the following into the
computerized list:
(1) The name of the individual.
(2) The address of the individual.
(3) The day and time the county election board will meet to
determine the validity of a provisional ballot under
IC 3-11.7-5.
(3) (4) Whether the individual's provisional ballot was counted.
(4) (5) If the individual's provisional ballot was not counted, the
reason the provisional ballot was not counted.
An individual who casts a provisional ballot may access the
information described in this subsection pertaining to the
provisional ballot of the individual through a module of the
computerized list under IC 3-7-26.3.
(c) Not later than the earlier of:
(1) twenty-four (24) hours before the date the county election
board meets under IC 3-11.7-5 to determine the validity of a
provisional ballot cast by an individual; or
(2) three (3) days after the election;
the provisional ballot information described in subsection (b)(1)
through (b)(3) must be entered to the computerized list. The
provisional ballot information described in subsection (b)(4) and
(b)(5) must be entered into the computerized list not later than the
date the county election board certifies the election results of the
county under IC 3-12-4-9.
(c) (d) As required by 52 U.S.C. 21082, 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).
(d) (e) As required by 52 U.S.C. 21082, the county election board
shall restrict access to the free access system established under
subsection (a) to the individual voter who cast the provisional ballot.
This subsection does not restrict access to election materials available
EH 1116—LS 7032/DI 149 51
under IC 3-10-1-31.1.
(e) (f) 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.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to HB 1116 as reprinted January 28, 2022.)
FORD JON, Chairperson
Committee Vote: Yeas 6, Nays 2.
EH 1116—LS 7032/DI 149