Indiana 2022 Regular Session

Indiana House Bill HB1116 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1116.1
	2	+	February 15, 2022
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1116
	5	+	_____
	6	+	DIGEST OF HB 1116 (Updated February 14, 2022 12:02 pm - DI 104)
	7	+	Citations Affected: IC 3-5; IC 3-11; IC 3-11.7; IC 3-12.
	8	+	Synopsis: Electronic voting machines. Changes the date by which a
	9	+	county must provide a voter verifiable paper audit trail for electronic
	10	+	voting systems from December 31, 2029, to July 1, 2024. Provides that,
	11	+	after July 1, 2022, a county must meet certain requirements when using
	12	+	any direct record electronic voting system that does not include a voter
	13	+	verifiable paper audit trail for an election. Provides that the security
	14	+	agreement that counties are required to enter into with the secretary of
	15	+	state must be funded by money received from the federal government
	16	+	or from money appropriated by the general assembly. Specifies
	17	+	(Continued next page)
	18	+	Effective: Upon passage; July 1, 2022.
	19	+	Wesco, O'Brien, Manning
	20	+	(SENATE SPONSOR — FORD JON)
	21	+	January 4, 2022, read first time and referred to Committee on Elections and
	22	+	Apportionment.
	23	+	January 11, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
	24	+	Means pursuant to Rule 127.
	25	+	January 25, 2022, amended, reported — Do Pass.
	26	+	January 27, 2022, read second time, amended, ordered engrossed.
	27	+	January 28, 2022, engrossed.
	28	+	January 31, 2022, read third time, passed. Yeas 66, nays 28.
	29	+	SENATE ACTION
	30	+	February 7, 2022, read first time and referred to Committee on Elections.
	31	+	February 14, 2022, amended, reported favorably — Do Pass; reassigned to Committee on
	32	+	Appropriations.
	33	+	EH 1116—LS 7032/DI 149 Digest Continued
	34	+	requirements of a statement that must be printed on the envelope of an
	35	+	absentee ballot application. Provides that before an individual can
	36	+	access an absentee ballot application that is submitted in an electronic
	37	+	format using a module of the computerized list, the individual must
	38	+	provide either the individual's Indiana driver's license number or the
	39	+	last four digits of the individual's Social Security number. Requires that
	40	+	voting before an absentee voter board at the circuit court clerk's office
	41	+	or at a satellite office be referred to as "early voting" on all forms
	42	+	prescribed by the election division and in all communications with
	43	+	voters. Requires an electronic poll book to have the capacity to transmit
	44	+	certain information that a voter cast a provisional ballot. Requires
	45	+	certain information to be included in the computerized list concerning
	46	+	a voter's casting of a provisional ballot. Repeals language that requires
	47	+	the circuit court clerk to provide notice containing certain information
	48	+	to each voter who casts a provisional ballot. Changes the term "risk-
	49	+	limiting audit" to "post-election audit". Removes the word "pilot" from
	50	+	the chapter concerning post-election audits. Provides that the secretary
	51	+	of state shall determine the number of elections that are subject to a
	52	+	post-election audit.
	53	+	EH 1116—LS 7032/DI 149EH 1116—LS 7032/DI 149 February 15, 2022
1	54		Second Regular Session of the 122nd General Assembly (2022)
2	55		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	56		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	57		additions will appear in this style type, and deletions will appear in this style type.
5	58		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	59		provision adopted), the text of the new provision will appear in this style type. Also, the
7	60		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	61		a new provision to the Indiana Code or the Indiana Constitution.
9	62		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	63		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1116
12		-	AN ACT to amend the Indiana Code concerning elections.
	64	+	ENGROSSED
	65	+	HOUSE BILL No. 1116
	66	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	67	+	elections.
13	68		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 3-5-4-12, AS AMENDED BY P.L.193-2021,
	69	+	1 SECTION 1. IC 3-5-4-12, AS AMENDED BY P.L.193-2021,
	70	+	2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	71	+	3 JULY 1, 2022]: Sec. 12. (a) This section applies only if the costs to
	72	+	4 a county to enter into an agreement required by this section can be
	73	+	5 paid from money:
	74	+	6 (1) received from the federal government and permitted to be
	75	+	7 spent for this purpose; or
	76	+	8 (2) appropriated by the general assembly for this purpose.
	77	+	9 (a) (b) Each county shall enter into an agreement with the secretary
	78	+	10 of state to use a threat intelligence and enterprise security company
	79	+	11 designated by the secretary of state to provide hardware, software, and
	80	+	12 services to:
	81	+	13 (1) investigate cybersecurity attacks;
	82	+	14 (2) protect against malicious software; and
	83	+	15 (3) analyze information technology security risks.
	84	+	16 (b) (c) The agreement to provide services to a county under this
	85	+	17 section:
	86	+	EH 1116—LS 7032/DI 149 2
	87	+	1 (1) has no effect on any threat intelligence and enterprise security
	88	+	2 service provided to the county by any other agreement with a
	89	+	3 provider or by any county employee or contractor; and
	90	+	4 (2) must be designed to complement any existing service
	91	+	5 agreement or service used by the county;
	92	+	6 when the county enters into the agreement.
	93	+	7 (d) This section expires January 1, 2023. 2028.
	94	+	8 SECTION 2. IC 3-11-4-2, AS AMENDED BY P.L.278-2019,
	95	+	9 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	96	+	10 JULY 1, 2022]: Sec. 2. (a) A voter who wants to vote by absentee
	97	+	11 ballot must apply to the county election board for an official absentee
	98	+	12 ballot. Except as provided in subsection (b), the voter must sign the
	99	+	13 absentee ballot application.
	100	+	14 (b) If a voter with disabilities is unable to sign the absentee ballot
	101	+	15 application and the voter has not designated an individual to serve as
	102	+	16 attorney in fact for the voter, the voter may designate an individual
	103	+	17 eligible to assist the voter under IC 3-11-9-2(a) to sign the application
	104	+	18 on behalf of the voter and add the individual's name to the application.
	105	+	19 If an individual applies for an absentee ballot as the properly
	106	+	20 authorized attorney in fact for a voter, the attorney in fact must attach
	107	+	21 a copy of the power of attorney to the application and comply with
	108	+	22 subsection (d).
	109	+	23 (c) A person may provide an individual with an application for an
	110	+	24 absentee ballot with the following information already printed or
	111	+	25 otherwise set forth on the application when provided to the individual:
	112	+	26 (1) The name of the individual.
	113	+	27 (2) The voter registration address of the individual.
	114	+	28 (3) The mailing address of the individual.
	115	+	29 (4) The date of birth of the individual.
	116	+	30 (d) A person may not provide an individual with an application for
	117	+	31 an absentee ballot with the following information already printed or
	118	+	32 otherwise set forth on the application when provided to the individual:
	119	+	33 (1) The address to which the absentee ballot would be mailed, if
	120	+	34 different from the voter registration address of the individual.
	121	+	35 (2) In a primary election, the major political party ballot requested
	122	+	36 by the individual.
	123	+	37 (3) In a primary or general election, the types of absentee ballots
	124	+	38 requested by the individual.
	125	+	39 (4) The reason why the individual is entitled to vote an absentee
	126	+	40 ballot:
	127	+	41 (A) by mail; or
	128	+	42 (B) before an absentee voter board (other than an absentee
	129	+	EH 1116—LS 7032/DI 149 3
	130	+	1 voter board located in the office of the circuit court clerk or a
	131	+	2 satellite office);
	132	+	3 in accordance with IC 3-11-4-18, IC 3-11-10-24, or
	133	+	4 IC 3-11-10-25.
	134	+	5 (5) The voter identification number of the individual.
	135	+	6 (e) If the county election board determines that an absentee ballot
	136	+	7 application does not comply with subsection (d), the board shall deny
	137	+	8 the application under section 17.5 of this chapter.
	138	+	9 (f) The following statement must be printed in at least 16 point
	139	+	10 font size, underlined, and clearly legible print on the envelope of an
	140	+	11 absentee ballot application that a person sends to an individual:
	141	+	12 "(Name of person sending the absentee ballot application) has
	142	+	13 sent you the enclosed application. This is unsolicited and is not
	143	+	14 sent by a state or local elections official.".
	144	+	15 (g) This subsection applies only to an absentee ballot application
	145	+	16 submitted in an electronic format using a module of the
	146	+	17 computerized list under IC 3-7-26.3. In order for an individual to
	147	+	18 access the absentee ballot application, the individual shall provide
	148	+	19 either of the following:
	149	+	20 (1) The individual's ten (10) digit Indiana driver's license
	150	+	21 number.
	151	+	22 (2) The last four (4) digits of the individual's Social Security
	152	+	23 number.
	153	+	24 (f) (h) A person who assists an individual in completing any
	154	+	25 information described in subsection (d) on an absentee ballot
	155	+	26 application shall state under the penalties for perjury the following
	156	+	27 information on the application:
	157	+	28 (1) The full name, residence and mailing address, and daytime
	158	+	29 and evening telephone numbers (if any) of the person providing
	159	+	30 the assistance.
	160	+	31 (2) The date this assistance was provided.
	161	+	32 (3) That the person providing the assistance has complied with
	162	+	33 Indiana laws governing the submission of absentee ballot
	163	+	34 applications.
	164	+	35 (4) That the person has no knowledge or reason to believe that the
	165	+	36 individual submitting the application:
	166	+	37 (A) is ineligible to vote or to cast an absentee ballot; or
	167	+	38 (B) did not properly complete and sign the application.
	168	+	39 When providing assistance to an individual, the person must, in the
	169	+	40 individual's presence and with the individual's consent, provide the
	170	+	41 information listed in subsection (d) if the individual is unable to do so.
	171	+	42 (g) (i) This subsection does not apply to an employee of the United
	172	+	EH 1116—LS 7032/DI 149 4
	173	+	1 States Postal Service or a bonded courier company acting in the
	174	+	2 individual's capacity as an employee of the United States Postal Service
	175	+	3 or a bonded courier company. A person who receives a completed
	176	+	4 absentee ballot application from the individual who has applied for the
	177	+	5 absentee ballot shall indicate on the application the date the person
	178	+	6 received the application, and file the application with the appropriate
	179	+	7 county election board or election division not later than:
	180	+	8 (1) noon ten (10) days after the person receives the application;
	181	+	9 or
	182	+	10 (2) the deadline set by Indiana law for filing the application with
	183	+	11 the board;
	184	+	12 whichever occurs first. The election division, a county election board,
	185	+	13 or a board of elections and registration shall forward an absentee ballot
	186	+	14 application to the county election board or board of elections and
	187	+	15 registration of the county where the individual resides.
	188	+	16 (h) (j) This subsection does not apply to an employee of the United
	189	+	17 States Postal Service or a bonded courier company acting in the
	190	+	18 individual's capacity as an employee of the United States Postal Service
	191	+	19 or a bonded courier company, or to the election division, a county
	192	+	20 election board, or a board of elections and registration. A person filing
	193	+	21 an absentee ballot application, other than the person's own absentee
	194	+	22 ballot application, must include an affidavit with the application. The
	195	+	23 affidavit must be signed by the individual who received the completed
	196	+	24 application from the applicant. The affidavit must be in a form
	197	+	25 prescribed by the election division. The form must include the
	198	+	26 following:
	199	+	27 (1) A statement of the full name, residence and mailing address,
	200	+	28 and daytime and evening telephone numbers (if any) of the person
	201	+	29 submitting the application.
	202	+	30 (2) A statement that the person filing the affidavit has complied
	203	+	31 with Indiana laws governing the submission of absentee ballot
	204	+	32 applications.
	205	+	33 (3) The date (or dates) that the absentee ballot applications
	206	+	34 attached to the affidavit were received.
	207	+	35 (4) A statement that the person has no knowledge or reason to
	208	+	36 believe that the individual whose application is to be filed:
	209	+	37 (A) is ineligible to vote or to cast an absentee ballot; or
	210	+	38 (B) did not properly complete and sign the application.
	211	+	39 (5) A statement that the person is executing the affidavit under the
	212	+	40 penalties of perjury.
	213	+	41 (6) A statement setting forth the penalties for perjury.
	214	+	42 (i) (k) The county election board shall record the date and time of
	215	+	EH 1116—LS 7032/DI 149 5
	216	+	1 the filing of the affidavit.
	217	+	2 SECTION 3. IC 3-11-4-3, AS AMENDED BY P.L.109-2021,
	218	+	3 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	219	+	4 JULY 1, 2022]: Sec. 3. (a) Except as provided in subsection (c) and
	220	+	5 section 6 of this chapter, an application for an absentee ballot must be
	221	+	6 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
	222	+	7 or IC 3-6-5.6, the director of the board of elections and registration) not
	223	+	8 earlier than the date the registration period resumes under IC 3-7-13-10
	224	+	9 nor later than the following:
	225	+	10 (1) Noon on election day if the voter registers to vote under
	226	+	11 IC 3-7-36-14.
	227	+	12 (2) Noon on the day before election day if the voter:
	228	+	13 (A) completes the application in the office of the circuit court
	229	+	14 clerk under IC 3-11-10-26; or
	230	+	15 (B) is an absent uniformed services voter or overseas voter
	231	+	16 who requests that the ballot be transmitted by electronic mail
	232	+	17 or fax under section 6(h) of this chapter.
	233	+	18 (3) Noon on the day before election day if:
	234	+	19 (A) the application is a mailed, transmitted by electronic mail,
	235	+	20 or fax, or hand delivered application from a confined voter or
	236	+	21 voter caring for a confined person; and
	237	+	22 (B) the applicant requests that the absentee ballots be
	238	+	23 delivered to the applicant by an absentee voter board under
	239	+	24 IC 3-11-10-25.
	240	+	25 (4) 11:59 p.m. twelve (12) days before election day if the
	241	+	26 application is:
	242	+	27 (A) a mailed application;
	243	+	28 (B) transmitted by electronic mail;
	244	+	29 (C) transmitted by fax; or
	245	+	30 (D) hand delivered;
	246	+	31 from other voters who request to vote by mail under
	247	+	32 IC 3-11-10-24.
	248	+	33 (b) An application for an absentee ballot received by the election
	249	+	34 division by the time and date specified by subsection (a)(2)(B), (a)(3),
	250	+	35 or (a)(4) is considered to have been timely received for purposes of
	251	+	36 processing by the county. The election division shall immediately
	252	+	37 transmit the application to the circuit court clerk, or the director of the
	253	+	38 board of elections and registration, of the county where the applicant
	254	+	39 resides. The election division is not required to complete or file the
	255	+	40 affidavit required under section 2(h) 2(j) of this chapter whenever the
	256	+	41 election division transmits an application under this subsection.
	257	+	42 (c) An application for an absentee ballot for the election may not be
	258	+	EH 1116—LS 7032/DI 149 6
	259	+	1 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
	260	+	2 or IC 3-6-5.6, the director of the board of elections and registration)
	261	+	3 earlier than December 1 of the year before the election.
	262	+	4 SECTION 4. IC 3-11-4-5.1, AS AMENDED BY P.L.193-2021,
	263	+	5 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	264	+	6 JULY 1, 2022]: Sec. 5.1. (a) The election division shall prescribe the
	265	+	7 form of an application for an absentee ballot.
	266	+	8 (b) This subsection does not apply to the form for an absentee ballot
	267	+	9 application to be submitted by an absent uniformed services voter or
	268	+	10 overseas voter that contains a standardized oath for those voters. The
	269	+	11 form of the application for an absentee ballot must do all of the
	270	+	12 following:
	271	+	13 (1) Require the applicant to swear to or affirm under the penalties
	272	+	14 of perjury that all of the information set forth on the application
	273	+	15 is true to the best of the applicant's knowledge and belief.
	274	+	16 (2) Require a person who assisted with the completion of the
	275	+	17 application to swear to or affirm under the penalties of perjury the
	276	+	18 statements set forth in section 2(f) 2(h) of this chapter.
	277	+	19 (3) Serve as a verified statement for a voter to indicate a change
	278	+	20 of name under IC 3-7-41. The form must require the applicant to
	279	+	21 indicate the applicant's previous name.
	280	+	22 (4) Set forth the penalties for perjury.
	281	+	23 (c) The form prescribed by the election division shall require that a
	282	+	24 voter who:
	283	+	25 (1) requests an absentee ballot; and
	284	+	26 (2) is eligible to vote in the precinct under IC 3-10-11 or
	285	+	27 IC 3-10-12;
	286	+	28 must include the affidavit required by IC 3-10-11 or a written
	287	+	29 affirmation described in IC 3-10-12.
	288	+	30 (d) The election division shall approve absentee ballot application
	289	+	31 forms that comply with this subsection and section 2(g) 2(i) of this
	290	+	32 chapter and permit the applicant to indicate a change of name under
	291	+	33 subsection (b). The form prescribed by the election division must
	292	+	34 request that a voter who requests an absentee ballot:
	293	+	35 (1) provide the last four (4) digits of the voter's Social Security
	294	+	36 number; or
	295	+	37 (2) state that the voter does not have a Social Security number.
	296	+	38 The form must indicate that the voter's compliance with this request is
	297	+	39 optional.
	298	+	40 (e) An application form submitted by a voter must comply with
	299	+	41 subsection (d).
	300	+	42 (f) The form prescribed by the election division must include a
	301	+	EH 1116—LS 7032/DI 149 7
	302	+	1 statement that permits an applicant to indicate whether:
	303	+	2 (1) the applicant has been certified and is currently a participant
	304	+	3 in the address confidentiality program under IC 5-26.5-2; and
	305	+	4 (2) the applicant's legal address is the address set forth in the
	306	+	5 applicant's voter registration.
	307	+	6 If the applicant confirms these statements, the applicant may indicate
	308	+	7 the address of the office of the attorney general as the address to which
	309	+	8 the absentee ballot is to be mailed.
	310	+	9 (g) This subsection applies to an application to receive an absentee
	311	+	10 ballot:
	312	+	11 (1) by mail under IC 3-11-10-24; or
	313	+	12 (2) in the form of an application to vote before an absentee voter
	314	+	13 board under IC 3-11-10-25 at the voter's place of confinement or
	315	+	14 the residence of the voter.
	316	+	15 If the voter wishes to submit an application under this section in an
	317	+	16 electronic format using a module of the statewide voter registration
	318	+	17 system, the voter must include a telephone number at which the voter
	319	+	18 can be reached to submit the application.
	320	+	19 (h) The application form for an absentee ballot must enable the
	321	+	20 applicant to provide the applicant's electronic mail address. However,
	322	+	21 an applicant's failure to provide an electronic mail address is not a
	323	+	22 reason for denial of the absentee ballot application.
	324	+	23 SECTION 5. IC 3-11-8-10.3, AS AMENDED BY P.L.193-2021,
	325	+	24 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	326	+	25 JULY 1, 2022]: Sec. 10.3. (a) A reference to an electronic poll list in
	327	+	26 a vote center plan adopted under IC 3-11-18.1 before July 1, 2014, is
	328	+	27 considered to be a reference to an electronic poll book (as defined by
	329	+	28 IC 3-5-2-20.5), unless otherwise expressly provided in the vote center
	330	+	29 plan.
	331	+	30 (b) An electronic poll book must satisfy all of the following:
	332	+	31 (1) An electronic poll book must be programmed so that the
	333	+	32 coordinated action of two (2) election officers who are not
	334	+	33 members of the same political party is necessary to access the
	335	+	34 electronic poll book.
	336	+	35 (2) An electronic poll book may not be connected to a voting
	337	+	36 system. However, the electronic poll book may be used in
	338	+	37 conjunction with a voting system if both of the following apply:
	339	+	38 (A) The electronic poll book contains a device that must be
	340	+	39 physically removed from the electronic poll book by a person
	341	+	40 and the device is inserted into the voting system, with no
	342	+	41 hardware or software connection existing between the
	343	+	42 electronic poll book and the voting system.
	344	+	EH 1116—LS 7032/DI 149 8
	345	+	1 (B) All data on the device is erased when the device is
	346	+	2 removed from the voting system and before the device is
	347	+	3 reinserted into an electronic poll book.
	348	+	4 (3) An electronic poll book may not permit access to voter
	349	+	5 information other than:
	350	+	6 (A) information provided on the certified list of voters
	351	+	7 prepared under IC 3-7-29-1; or
	352	+	8 (B) information concerning any of the following received or
	353	+	9 issued after the electronic poll list has been downloaded by the
	354	+	10 county election board under IC 3-7-29-6:
	355	+	11 (i) The county's receipt of an absentee ballot from the voter.
	356	+	12 (ii) The county's receipt of additional documentation
	357	+	13 provided by the voter to the county voter registration office.
	358	+	14 (iii) The county's issuance of a certificate of error.
	359	+	15 An electronic poll book may not display whether a voter's
	360	+	16 registration record is in active or inactive status.
	361	+	17 (4) The information contained on an electronic poll book must be
	362	+	18 secure and placed on a dedicated, private server to secure
	363	+	19 connectivity between a precinct polling place or satellite absentee
	364	+	20 office and the county election board. The electronic poll book
	365	+	21 must have the capability of:
	366	+	22 (A) storing (in external or internal memory) the current local
	367	+	23 version of the electronic poll list; and
	368	+	24 (B) producing a list of audit records that reflect all of the
	369	+	25 idiosyncrasies of the system, including in-process audit
	370	+	26 records that set forth all transactions.
	371	+	27 (5) The electronic poll book must permit a poll clerk to enter
	372	+	28 information regarding an individual who has appeared to vote to
	373	+	29 verify whether the individual is eligible to vote, and if so, whether
	374	+	30 the voter has:
	375	+	31 (A) already received a ballot at the election;
	376	+	32 (B) returned an absentee ballot; or
	377	+	33 (C) submitted any additional documentation required under
	378	+	34 IC 3-7-33-4.5.
	379	+	35 (6) After the voter has been provided with a ballot, the electronic
	380	+	36 poll book must permit a poll clerk to enter information indicating
	381	+	37 that the voter has received a ballot.
	382	+	38 (7) The electronic poll book must transmit the information in
	383	+	39 subdivision (6) to the county server so that:
	384	+	40 (A) the server may transmit the information immediately to
	385	+	41 every other polling place or satellite absentee office in the
	386	+	42 county; or
	387	+	EH 1116—LS 7032/DI 149 9
	388	+	1 (B) the server makes the information immediately available to
	389	+	2 every other polling place or satellite office in the county.
	390	+	3 (8) The electronic poll book must permit reports to be:
	391	+	4 (A) generated by a county election board for a watcher
	392	+	5 appointed under IC 3-6-8 at any time during election day; and
	393	+	6 (B) electronically transmitted by the county election board to
	394	+	7 a political party or independent candidate who has appointed
	395	+	8 a watcher under IC 3-6-8.
	396	+	9 (9) On each day after absentee ballots are cast before an absentee
	397	+	10 voter board in the circuit court clerk's office, a satellite office, or
	398	+	11 a vote center, and after election day, the electronic poll book must
	399	+	12 permit voter history to be quickly and accurately uploaded into
	400	+	13 the computerized list (as defined in IC 3-7-26.3-2).
	401	+	14 (10) The electronic poll book must be able to display an electronic
	402	+	15 image of the signature of a voter taken from:
	403	+	16 (A) the voter's registration application; or
	404	+	17 (B) a more recent signature of a voter from an absentee
	405	+	18 application, poll list, electronic poll book, or registration
	406	+	19 document.
	407	+	20 (11) The electronic poll book must be used with a signature pad,
	408	+	21 tablet, or other signature capturing device that permits the voter
	409	+	22 to make an electronic signature for comparison with the signature
	410	+	23 displayed under subdivision (10). An image of the electronic
	411	+	24 signature made by the voter on the signature pad, tablet, or other
	412	+	25 signature capturing device must be retained and identified as the
	413	+	26 signature of the voter for the period required for retention under
	414	+	27 IC 3-10-1-31.1.
	415	+	28 (12) The electronic poll book must include a bar code capturing
	416	+	29 device that:
	417	+	30 (A) permits a voter who presents an Indiana driver's license or
	418	+	31 a state identification card issued under IC 9-24-16 to scan the
	419	+	32 license or card through the bar code reader or tablet; and
	420	+	33 (B) has the capability to display the voter's registration record
	421	+	34 upon processing the information contained within the bar code
	422	+	35 on the license or card.
	423	+	36 (13) A printer separate from the electronic poll book used in a
	424	+	37 vote center county may be programmed to print on the back of a
	425	+	38 ballot card, immediately before the ballot card is delivered to the
	426	+	39 voter, the printed initials of the poll clerks captured through the
	427	+	40 electronic signature pad or tablet at the time the poll clerks log
	428	+	41 into the electronic poll book system.
	429	+	42 (14) The electronic poll book must be compatible with:
	430	+	EH 1116—LS 7032/DI 149 10
	431	+	1 (A) any hardware attached to the electronic poll book, such as
	432	+	2 signature capturing devices, bar code capturing devices, and
	433	+	3 network cards;
	434	+	4 (B) the statewide voter registration system; and
	435	+	5 (C) any software system used to prepare voter information to
	436	+	6 be included on the electronic poll book.
	437	+	7 (15) The electronic poll book must have the ability to be used in
	438	+	8 conformity with this title for:
	439	+	9 (A) any type of election conducted in Indiana; or
	440	+	10 (B) any combination of elections held concurrently with a
	441	+	11 general election, municipal election, primary election, or
	442	+	12 special election.
	443	+	13 (16) The procedures for setting up, using, and shutting down an
	444	+	14 electronic poll book must be reasonably easy for a precinct
	445	+	15 election officer to learn, understand, and perform. A vendor shall
	446	+	16 provide sufficient training to election officials and poll workers
	447	+	17 to completely familiarize them with the operations essential for
	448	+	18 carrying out election activities. A vendor shall provide an
	449	+	19 assessment of learning goals achieved by the training in
	450	+	20 consultation with VSTOP (as described in IC 3-11-18.1-12).
	451	+	21 (17) The electronic poll book must enable a precinct election
	452	+	22 officer to verify that the electronic poll book:
	453	+	23 (A) has been set up correctly;
	454	+	24 (B) is working correctly so as to verify the eligibility of the
	455	+	25 voter;
	456	+	26 (C) is correctly recording that a voter received a ballot; and
	457	+	27 (D) has been shut down correctly.
	458	+	28 (18) The electronic poll book must include the following
	459	+	29 documentation:
	460	+	30 (A) Plainly worded, complete, and detailed instructions
	461	+	31 sufficient for a precinct election officer to set up, use, and shut
	462	+	32 down the electronic poll book.
	463	+	33 (B) Training materials that:
	464	+	34 (i) may be in written or video form; and
	465	+	35 (ii) must be in a format suitable for use at a polling place,
	466	+	36 such as simple "how to" guides.
	467	+	37 (C) Failsafe data recovery procedures for information included
	468	+	38 in the electronic poll book.
	469	+	39 (D) Usability tests:
	470	+	40 (i) that are conducted by the manufacturer of the electronic
	471	+	41 poll book or an independent testing facility using individuals
	472	+	42 who are representative of the general public;
	473	+	EH 1116—LS 7032/DI 149 11
	474	+	1 (ii) that include the setting up, using, and shutting down of
	475	+	2 the electronic poll book; and
	476	+	3 (iii) that report their results using industry standard reporting
	477	+	4 formats.
	478	+	5 (E) A clear model of the electronic poll book system
	479	+	6 architecture and the following documentation:
	480	+	7 (i) End user documentation.
	481	+	8 (ii) System-level and administrator level documentation.
	482	+	9 (iii) Developer documentation.
	483	+	10 (F) Detailed information concerning:
	484	+	11 (i) electronic poll book consumables; and
	485	+	12 (ii) the vendor's supply chain for those consumables.
	486	+	13 (G) Vendor internal quality assurance procedures and any
	487	+	14 internal or external test data and reports available to the
	488	+	15 vendor concerning the electronic poll book.
	489	+	16 (H) Repair and maintenance policies for the electronic poll
	490	+	17 book.
	491	+	18 (I) As of the date of the vendor's application for approval of
	492	+	19 the electronic poll book by the secretary of state as required by
	493	+	20 IC 3-11-18.1-12, the following:
	494	+	21 (i) A list of customers who are using or have previously used
	495	+	22 the vendor's electronic poll book.
	496	+	23 (ii) A description of any known anomalies involving the
	497	+	24 functioning of the electronic poll book, including how those
	498	+	25 anomalies were resolved.
	499	+	26 (J) Information concerning batteries used in the electronic poll
	500	+	27 book, including the following:
	501	+	28 (i) A list of all batteries to be used in the electronic poll
	502	+	29 book and any peripherals.
	503	+	30 (ii) The expected life span of each battery.
	504	+	31 (iii) A log documenting when each battery was installed or
	505	+	32 subsequently replaced.
	506	+	33 (iv) A schedule for the replacement of each battery not later
	507	+	34 than thirty (30) days before the end of the expected life span
	508	+	35 of each battery.
	509	+	36 (v) Plans to test batteries before each election.
	510	+	37 (vi) Plans for the emergency replacement of batteries that
	511	+	38 fail on election day or during the thirty (30) days before
	512	+	39 election day.
	513	+	40 (19) The electronic poll book and any hardware attached to the
	514	+	41 electronic poll book must be designed to prevent injury or damage
	515	+	42 to any individual or the hardware, including fire and electrical
	516	+	EH 1116—LS 7032/DI 149 12
	517	+	1 hazards.
	518	+	2 (20) The electronic poll book must demonstrate that it correctly
	519	+	3 processes all activity regarding each voter registration record,
	520	+	4 including the use, alteration, storage, receipt, and transmittal of
	521	+	5 information that is part of the record. Compliance with this
	522	+	6 subdivision requires the mapping of the data life cycle of the voter
	523	+	7 registration record as processed by the electronic poll book.
	524	+	8 (21) The electronic poll book must successfully perform in
	525	+	9 accordance with all representations concerning functionality,
	526	+	10 usability, security, accessibility, and sustainability made in the
	527	+	11 vendor's application for approval of the electronic poll book by
	528	+	12 the secretary of state as required by IC 3-11-18.1-12.
	529	+	13 (22) The electronic poll book must have the capacity to transmit
	530	+	14 all information generated by the voter or poll clerk as part of the
	531	+	15 process of casting a ballot, including the time and date stamp
	532	+	16 indicating when the voter signed the electronic poll book, and the
	533	+	17 electronic signature of the voter, for retention on the dedicated
	534	+	18 private server approved by the county election board for the
	535	+	19 period required by Indiana and federal law.
	536	+	20 (23) The electronic poll book must:
	537	+	21 (A) permit a voter to check in and sign the electronic poll book
	538	+	22 even when there is a temporary interruption in connectivity to
	539	+	23 the Internet; and
	540	+	24 (B) provide for the uploading of each signature so that the
	541	+	25 signature may be assigned to the voter's registration record.
	542	+	26 (24) The electronic poll book must have the capacity, for each
	543	+	27 voter who appears on the electronic poll list, to transmit
	544	+	28 information that a voter cast a provisional ballot:
	545	+	29 (A) from the electronic poll book to the dedicated private
	546	+	30 server; and
	547	+	31 (B) from the dedicated private server to the voter's record
	548	+	32 in the statewide voter registration system.
	549	+	33 This functionality may not be disabled.
	550	+	34 (c) The county election board is responsible for the care and custody
	551	+	35 of all electronic poll books while not in use.
	552	+	36 (d) The county election board is responsible for ensuring that all
	553	+	37 electronic poll books are dedicated devices to be used only for their
	554	+	38 intended purpose and for no other activity. Software that is not needed
	555	+	39 for the essential purpose of running the electronic poll book may not be
	556	+	40 installed on an electronic poll book.
	557	+	41 SECTION 6. IC 3-11-8-25.2, AS AMENDED BY P.L.193-2021,
	558	+	42 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	559	+	EH 1116—LS 7032/DI 149 13
	560	+	1 JULY 1, 2022]: Sec. 25.2. (a) The poll clerk or assistant poll clerk shall
	561	+	2 examine the list provided under IC 3-7-29-1 to determine if the county
	562	+	3 election board has indicated that the voter is required to provide
	563	+	4 additional personal identification under 52 U.S.C. 21083 and
	564	+	5 IC 3-7-33-4.5 before voting in person. If the list indicates that the voter
	565	+	6 is required to present this identification before voting in person, the
	566	+	7 poll clerk shall advise the voter that the voter must present, in addition
	567	+	8 to the proof of identification required by section 25.1(a) of this chapter,
	568	+	9 a piece of identification described in subsection (b) to the poll clerk.
	569	+	10 (b) As required by 52 U.S.C. 21083, and in addition to the proof of
	570	+	11 identification required by section 25.1(a) of this chapter, a voter
	571	+	12 described by IC 3-7-33-4.5 who has not complied with IC 3-7-33-4.5
	572	+	13 before appearing at the polls on election day must present one (1) of the
	573	+	14 following documents to the poll clerk:
	574	+	15 (1) A current and valid photo identification.
	575	+	16 (2) A current utility bill.
	576	+	17 (3) A current bank statement.
	577	+	18 (4) A current government check.
	578	+	19 (5) A current paycheck.
	579	+	20 (6) A current government document.
	580	+	21 The document presented by the voter must show the name and
	581	+	22 residence address of the voter.
	582	+	23 (c) If a voter presents a document under subsection (b), the poll
	583	+	24 clerk shall add a notation to the list indicating the type of document
	584	+	25 presented by the voter. The election division shall prescribe a
	585	+	26 standardized coding system to classify documents presented under this
	586	+	27 subsection for entry into the county voter registration system.
	587	+	28 (d) If a voter required to present documentation under subsection (b)
	588	+	29 is unable to present the documentation to the poll clerk while present
	589	+	30 in the polls, the poll clerk shall notify the precinct election board. The
	590	+	31 board shall provide a provisional ballot to the voter under IC 3-11.7-2.
	591	+	32 (e) The precinct election board shall advise the voter, both orally
	592	+	33 and in writing, that the voter may file a copy of the documentation with
	593	+	34 the county voter registration office to permit the provisional ballot to
	594	+	35 be counted under IC 3-11.7. The election division shall prescribe the
	595	+	36 form of the explanation required by this subsection.
	596	+	37 (f) The circuit court clerk shall provide the notice required by
	597	+	38 IC 3-11.7-6-4 to a voter who casts a provisional ballot under this
	598	+	39 section.
	599	+	40 SECTION 7. IC 3-11-10-26, AS AMENDED BY P.L.193-2021,
	600	+	41 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	601	+	42 JULY 1, 2022]: Sec. 26. (a) This subsection applies to all counties,
	602	+	EH 1116—LS 7032/DI 149 14
	603	+	1 except for a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an
	604	+	2 alternative to voting by mail, a voter is entitled to cast an absentee
	605	+	3 ballot before an absentee voter board at any of the following:
	606	+	4 (1) One (1) location of the office of the circuit court clerk
	607	+	5 designated by the circuit court clerk.
	608	+	6 (2) A satellite office established under section 26.3 of this
	609	+	7 chapter.
	610	+	8 (b) This subsection applies to a county to which IC 3-6-5.2 or
	611	+	9 IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is
	612	+	10 entitled to cast an absentee ballot before an absentee voter board at any
	613	+	11 of the following:
	614	+	12 (1) The office of the board of elections and registration.
	615	+	13 (2) A satellite office established under section 26.3 of this
	616	+	14 chapter.
	617	+	15 (c) Except for a location designated under subsection (a)(1), a
	618	+	16 location of the office of the circuit court clerk must be established as
	619	+	17 a satellite office under section 26.3 of this chapter in order to be used
	620	+	18 as a location at which a voter is entitled to cast an absentee ballot
	621	+	19 before an absentee voter board under this section.
	622	+	20 (d) The voter must do the following before being permitted to vote:
	623	+	21 (1) This subdivision does not apply to a county that uses
	624	+	22 electronic poll books for voting under this section. Sign an
	625	+	23 application on the form prescribed by the election division under
	626	+	24 IC 3-11-4-5.1. The application must be received by the circuit
	627	+	25 court clerk not later than the time prescribed by IC 3-11-4-3.
	628	+	26 (2) This subdivision applies only to a county that uses electronic
	629	+	27 poll books for voting under this section and in which the ballot is
	630	+	28 cast on an electronic voting system. The voter must do the
	631	+	29 following:
	632	+	30 (A) If the county election board has prescribed an affidavit
	633	+	31 under subsection (e) that includes a unique identifier to
	634	+	32 comply with section 26.2(c)(3) of this chapter, make and
	635	+	33 subscribe to the affidavit.
	636	+	34 (B) Sign the electronic poll book.
	637	+	35 (C) Provide proof of identification.
	638	+	36 (3) This subdivision applies only to a county that uses electronic
	639	+	37 poll books for voting under this section and in which the ballot is
	640	+	38 cast on an optical scan voting system. The voter must do the
	641	+	39 following:
	642	+	40 (A) Sign the electronic poll book.
	643	+	41 (B) Provide proof of identification.
	644	+	42 (C) Sign the affidavit prescribed by section 29 of this chapter.
	645	+	EH 1116—LS 7032/DI 149 15
	646	+	1 (e) The county election board may:
	647	+	2 (1) prescribe an affidavit that includes a unique identifier; or
	648	+	3 (2) establish a procedure to produce a document, label, or
	649	+	4 electronic record that is associated with each voter and includes
	650	+	5 a unique identifier;
	651	+	6 to comply with section 26.2(c)(3) of this chapter. After the county
	652	+	7 election board approves an affidavit or procedure described in this
	653	+	8 subsection and before the affidavit or procedure is used in an election,
	654	+	9 the county election board shall file a copy of the affidavit or a brief
	655	+	10 description of the procedure with the election division to assist the state
	656	+	11 recount commission in conducting proceedings under IC 3-12-11.
	657	+	12 (f) The voter may vote before the board not more than twenty-eight
	658	+	13 (28) days nor later than noon on the day before election day. If the
	659	+	14 close of a voter registration period is transferred under IC 3-5-4-1.5
	660	+	15 from twenty-nine (29) days to a later date due to the Columbus Day
	661	+	16 holiday, the voter may vote before the board on the first day following
	662	+	17 the day on which the voter registration period closes.
	663	+	18 (g) An absent uniformed services voter who is eligible to vote by
	664	+	19 absentee ballot in the circuit court clerk's office under IC 3-7-36-14
	665	+	20 may vote before the board not earlier than twenty-eight (28) days
	666	+	21 before the election and not later than noon on election day. If the close
	667	+	22 of a voter registration period is transferred under IC 3-5-4-1.5 from
	668	+	23 twenty-nine (29) days to a later date due to the Columbus Day holiday,
	669	+	24 the voter may vote before the board on the first day following the day
	670	+	25 on which the voter registration period closes. If a voter described by
	671	+	26 this subsection wishes to cast an absentee ballot during the period
	672	+	27 beginning at noon on the day before election day and ending at noon on
	673	+	28 election day, the county election board or absentee voter board may
	674	+	29 receive and process the ballot at a location designated by resolution of
	675	+	30 the county election board.
	676	+	31 (h) The absentee voter board in the office of the circuit court clerk
	677	+	32 must permit voters to cast absentee ballots under this section for at
	678	+	33 least seven (7) hours on each of the two (2) Saturdays preceding
	679	+	34 election day. However, the county election board may adopt a
	680	+	35 resolution authorizing the circuit court clerk to:
	681	+	36 (1) use the office of the circuit court clerk designated in
	682	+	37 subsection (a)(1); or
	683	+	38 (2) establish a satellite office under section 26.3 of this chapter;
	684	+	39 to permit voters to cast absentee ballots under this section for at least
	685	+	40 four (4) hours on the third Saturday preceding election day.
	686	+	41 (i) Notwithstanding subsection (h), in a county with a population of
	687	+	42 less than twenty thousand (20,000), the absentee voter board in the
	688	+	EH 1116—LS 7032/DI 149 16
	689	+	1 office of the circuit court clerk, with the approval of the county election
	690	+	2 board, may reduce the number of hours available to cast absentee
	691	+	3 ballots under this section to a minimum of four (4) hours on each of the
	692	+	4 two (2) Saturdays preceding election day.
	693	+	5 (j) As provided by 52 U.S.C. 21081, a voter casting an absentee
	694	+	6 ballot under this section must be:
	695	+	7 (1) permitted to verify in a private and independent manner the
	696	+	8 votes selected by the voter before the ballot is cast and counted;
	697	+	9 (2) provided with the opportunity to change the ballot or correct
	698	+	10 any error in a private and independent manner before the ballot is
	699	+	11 cast and counted, including the opportunity to receive a
	700	+	12 replacement ballot if the voter is otherwise unable to change or
	701	+	13 correct the ballot; and
	702	+	14 (3) notified before the ballot is cast regarding the effect of casting
	703	+	15 multiple votes for the office and provided an opportunity to
	704	+	16 correct the ballot before the ballot is cast and counted.
	705	+	17 (k) As provided by 52 U.S.C. 21081, when an absentee ballot is
	706	+	18 provided under this section, the board must also provide the voter with:
	707	+	19 (1) information concerning the effect of casting multiple votes for
	708	+	20 an office; and
	709	+	21 (2) instructions on how to correct the ballot before the ballot is
	710	+	22 cast and counted, including the issuance of replacement ballots.
	711	+	23 (l) If:
	712	+	24 (1) the voter is unable or declines to present the proof of
	713	+	25 identification; or
	714	+	26 (2) a member of the board determines that the proof of
	715	+	27 identification provided by the voter does not qualify as proof of
	716	+	28 identification under IC 3-5-2-40.5;
	717	+	29 the voter shall be permitted to cast a provisional ballot.
	718	+	30 (m) This subsection applies to a voter who casts an absentee ballot
	719	+	31 that is treated as a provisional ballot under subsection (l). The board
	720	+	32 shall provide the voter, both orally and in writing, an explanation of
	721	+	33 what actions, if any, the voter must take in order to have the voter's
	722	+	34 ballot counted. The election division shall prescribe the form of the
	723	+	35 explanation required by this subsection. The circuit court clerk shall
	724	+	36 also provide the notice required by IC 3-11.7-6-4 to the voter.
	725	+	37 (n) A voter casting an absentee ballot under this section is entitled
	726	+	38 to cast the voter's ballot in accordance with IC 3-11-9.
	727	+	39 (o) In a primary election, a voter casting an absentee ballot under
	728	+	40 this chapter may not change the voter's choice of the voter's political
	729	+	41 party after the voter has been mailed or otherwise provided with a
	730	+	42 primary ballot containing the candidates of that party.
	731	+	EH 1116—LS 7032/DI 149 17
	732	+	1 SECTION 8. IC 3-11-10-26.1 IS ADDED TO THE INDIANA
	733	+	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
	734	+	3 [EFFECTIVE JULY 1, 2022]: Sec. 26.1. Voting before an absentee
	735	+	4 voter board under section 26 of this chapter shall be referred to as
	736	+	5 "early voting" on all forms prescribed by the election division and
	737	+	6 in all communications with voters.
	738	+	7 SECTION 9. IC 3-11-14-2, AS AMENDED BY P.L.109-2021,
	739	+	8 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	740	+	9 UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection
	741	+	10 subsections (c) and (f), a county election board may use an approved
	742	+	11 electronic voting system:
	743	+	12 (1) in any election;
	744	+	13 (2) in all or in some of the precincts within a political subdivision
	745	+	14 holding an election; and
	746	+	15 (3) instead of or in combination with any other voting method.
	747	+	16 (b) A county election board may use an electronic voting system
	748	+	17 which includes a voter verifiable paper audit trail if the voting system:
	749	+	18 (1) otherwise complies with this chapter and IC 3-11-15; and
	750	+	19 (2) is certified by the Indiana election commission.
	751	+	20 (c) A county election board may not use an approved electronic
	752	+	21 voting system purchased, leased, or otherwise acquired by the county
	753	+	22 after December 31, 2019, unless the system:
	754	+	23 (1) is certified by the Indiana election commission; and
	755	+	24 (2) includes a voter-verifiable voter verifiable paper audit trail.
	756	+	25 This subsection does not prohibit a county election board from having
	757	+	26 maintenance performed on an electronic voting system purchased,
	758	+	27 leased, or otherwise acquired by the county before January 1, 2020.
	759	+	28 (d) The voter verifiable paper audit trail must contain all of the
	760	+	29 following:
	761	+	30 (1) The name or code of the election as provided by the voting
	762	+	31 system.
	763	+	32 (2) The date of the election.
	764	+	33 (3) The date the voter verifiable paper audit trail was printed.
	765	+	34 (4) A security code and record number specific to each paper
	766	+	35 receipt assigned by the voting system.
	767	+	36 (5) The name or designation of the voter's precinct.
	768	+	37 (6) The name or designation of each office on the voter's ballot.
	769	+	38 (7) The name of the candidate and the designation of the
	770	+	39 candidate's political party selected by the voter.
	771	+	40 (8) If the voter selects a straight party ticket, the name of the
	772	+	41 political party ticket the voter selected.
	773	+	42 (9) The following information:
	774	+	EH 1116—LS 7032/DI 149 18
	775	+	1 (A) A description of the text of any public question or judicial
	776	+	2 retention question on the voter's ballot that:
	777	+	3 (i) contains not more than thirty (30) characters; and
	778	+	4 (ii) the county election board determines reasonably conveys
	779	+	5 the content of the public question or judicial retention
	780	+	6 question.
	781	+	7 (B) The response the voter selected for each question.
	782	+	8 (e) The voter verifiable paper audit trail may contain additional
	783	+	9 information and instructions determined to be useful to the voter by the
	784	+	10 county election board subject to the design capabilities of the voter
	785	+	11 verifiable paper audit trail.
	786	+	12 (f) This subsection applies to a county in which any direct
	787	+	13 record electronic voting system that does not include a voter
	788	+	14 verifiable paper audit trail is used for an election. A county election
	789	+	15 board shall not use a direct record electronic voting system in an
	790	+	16 election after July 1, 2022, unless the county election board:
	791	+	17 (1) uses a number of direct record electronic voting systems
	792	+	18 including a voter verifiable paper audit trail in the election
	793	+	19 that is equal to or greater than ten percent (10%) of the total
	794	+	20 number of direct record electronic voting systems owned,
	795	+	21 leased, or otherwise available to the county as of January 1,
	796	+	22 2022, and as of January 1 in each year thereafter;
	797	+	23 (2) determines, not later than July 1, 2022, and January 1 of
	798	+	24 each year thereafter, the minimum number of direct record
	799	+	25 electronic voting systems including a voter verifiable paper
	800	+	26 audit trail necessary to comply with the requirement of this
	801	+	27 subsection; and
	802	+	28 (3) files a certification of this determination to the secretary
	803	+	29 of state not later than August 11, 2022, and February 11 of
	804	+	30 each year thereafter.
	805	+	31 SECTION 10. IC 3-11-15-13.3, AS AMENDED BY P.L.193-2021,
	806	+	32 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	807	+	33 JULY 1, 2022]: Sec. 13.3. (a) To be approved by the commission for
	808	+	34 use in Indiana, a voting system must meet one (1) of the following:
	809	+	35 (1) The Voting System Standards adopted by the Federal Election
	810	+	36 Commission on April 30, 2002.
	811	+	37 (2) The Voluntary Voting System Guidelines adopted by the
	812	+	38 United States Election Assistance Commission on December 13,
	813	+	39 2005.
	814	+	40 (3) The Voluntary Voting System Guidelines adopted by the
	815	+	41 United States Election Assistance Commission, as amended on
	816	+	42 March 31, 2015.
	817	+	EH 1116—LS 7032/DI 149 19
	818	+	1 (b) Except as provided in subsection (c), a county may continue to
	819	+	2 use an optical scan ballot card voting system or an electronic voting
	820	+	3 system whose approval or certification expired on or before October 1,
	821	+	4 2021, if the voting system:
	822	+	5 (1) was:
	823	+	6 (A) approved by the commission for use in elections in Indiana
	824	+	7 before October 1, 2021; and
	825	+	8 (B) purchased or leased by the county before October 1, 2021;
	826	+	9 and
	827	+	10 (2) otherwise complies with the applicable provisions of HAVA
	828	+	11 and this article.
	829	+	12 However, a voting system vendor may not market, sell, lease, or install
	830	+	13 a voting system described in this subsection.
	831	+	14 (c) A county may not continue to use an electronic voting system
	832	+	15 after December 31, 2029, July 1, 2024, unless the:
	833	+	16 (1) system includes a voter verifiable paper audit trail, provided
	834	+	17 that the cost to a county to procure the voter verifiable paper
	835	+	18 audit trail equipment is paid from money:
	836	+	19 (A) received from the federal government and permitted to
	837	+	20 be spent for this purpose; or
	838	+	21 (B) appropriated by the general assembly for this purpose;
	839	+	22 and
	840	+	23 (2) certification of that system by the commission has not expired.
	841	+	24 (d) As provided by 52 U.S.C. 21081, to be used in an election in
	842	+	25 Indiana, a voting system must be accessible for individuals with
	843	+	26 disabilities, including nonvisual accessibility for the blind and visually
	844	+	27 impaired, in a manner that provides the same opportunity for access
	845	+	28 and participation (including privacy and independence) as for other
	846	+	29 voters.
	847	+	30 (e) As provided by 52 U.S.C. 21081, an election board conducting
	848	+	31 an election satisfies the requirements of subsection (d) if the election
	849	+	32 board provides at least one (1) electronic voting system or other voting
	850	+	33 system equipped for individuals with disabilities at each polling place.
	851	+	34 (f) If a voter who is otherwise qualified to cast a ballot in a precinct
	852	+	35 chooses to cast the voter's ballot on the voting system provided under
	853	+	36 subsection (e), the voter must be allowed to cast the voter's ballot on
	854	+	37 that voting system, whether or not the voter is an individual with
	855	+	38 disabilities.
	856	+	39 SECTION 11. IC 3-11.7-2-2, AS AMENDED BY P.L.193-2021,
	857	+	40 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	858	+	41 JULY 1, 2022]: Sec. 2. (a) A provisional voter shall do the following:
	859	+	42 (1) Execute the affidavit described in IC 3-10-1-9 or
	860	+	EH 1116—LS 7032/DI 149 20
	861	+	1 IC 3-11-8-23.
	862	+	2 (2) Sign the poll list.
	863	+	3 (3) Mark the ballot in the presence of no other person, unless the
	864	+	4 voter requests help in marking a ballot under IC 3-11-9.
	865	+	5 (4) Fold each ballot separately.
	866	+	6 (5) Fold each ballot so as to conceal the marking.
	867	+	7 (6) Enclose each ballot, with the seal and signature of the circuit
	868	+	8 court clerk on the outside, together with any unused ballot, in the
	869	+	9 envelope provided by the county election board under
	870	+	10 IC 3-11.7-1-8.
	871	+	11 (7) Securely seal the envelope.
	872	+	12 (b) A provisional voter may mark a ballot with a pen or a lead
	873	+	13 pencil.
	874	+	14 (c) This subsection applies to a provisional voter described in
	875	+	15 section 1(a)(1), 1(a)(2), or 1(a)(3) of this chapter. As provided by 52
	876	+	16 U.S.C. 21082, a precinct election officer shall give the provisional
	877	+	17 voter a copy of the written instructions prescribed by the county
	878	+	18 election board under IC 3-11.7-6-3 after the voter returns the envelope
	879	+	19 containing the provisional voter's ballots.
	880	+	20 (d) This subsection applies to a provisional voter described in
	881	+	21 section 1(a) or 1(b) of this chapter. In addition to the written
	882	+	22 instructions required by subsection (c), a precinct election officer shall
	883	+	23 provide the provisional voter, both orally and in writing, an explanation
	884	+	24 of what actions, if any, the provisional voter must take in order to have
	885	+	25 the provisional voter's ballot counted. The election division shall
	886	+	26 prescribe the form of the explanation required by this subsection. The
	887	+	27 circuit court clerk shall also provide the notice required by
	888	+	28 IC 3-11.7-6-4 to the provisional voter.
	889	+	29 SECTION 12. IC 3-11.7-6-3, AS AMENDED BY P.L.278-2019,
	890	+	30 SECTION 135, IS AMENDED TO READ AS FOLLOWS
	891	+	31 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) As required by 52 U.S.C.
	892	+	32 21082, a county election board shall establish a free access system such
	893	+	33 as a toll-free telephone number or an Internet web site that enables a
	894	+	34 provisional voter to determine:
	895	+	35 (1) whether the individual's provisional ballot was counted; and
	896	+	36 (2) if the provisional ballot was not counted, the reason the
	897	+	37 provisional ballot was not counted.
	898	+	38 A county election board may use a module of the computerized list
	899	+	39 under IC 3-7-26.3 to comply with this subsection.
	900	+	40 (b) The county election board shall enter the following into the
	901	+	41 computerized list:
	902	+	42 (1) The name of the individual.
	903	+	EH 1116—LS 7032/DI 149 21
	904	+	1 (2) The address of the individual.
	905	+	2 (3) The day and time the county election board will meet to
	906	+	3 determine the validity of a provisional ballot under
	907	+	4 IC 3-11.7-5.
	908	+	5 (3) (4) Whether the individual's provisional ballot was counted.
	909	+	6 (4) (5) If the individual's provisional ballot was not counted, the
	910	+	7 reason the provisional ballot was not counted.
	911	+	8 An individual who casts a provisional ballot may access the
	912	+	9 information described in this subsection pertaining to the
	913	+	10 provisional ballot of the individual through a module of the
	914	+	11 computerized list under IC 3-7-26.3.
	915	+	12 (c) Not later than the earlier of:
	916	+	13 (1) twenty-four (24) hours before the date the county election
	917	+	14 board meets under IC 3-11.7-5 to determine the validity of a
	918	+	15 provisional ballot cast by an individual; or
	919	+	16 (2) three (3) days after the election;
	920	+	17 the provisional ballot information described in subsection (b)(1)
	921	+	18 through (b)(3) must be entered to the computerized list. The
	922	+	19 provisional ballot information described in subsection (b)(4) and
	923	+	20 (b)(5) must be entered into the computerized list not later than the
	924	+	21 date the county election board certifies the election results of the
	925	+	22 county under IC 3-12-4-9.
	926	+	23 (c) (d) As required by 52 U.S.C. 21082, the county election board
	927	+	24 shall establish and maintain reasonable procedures to protect the
	928	+	25 security, confidentiality, and integrity of personal information
	929	+	26 collected, stored, or otherwise used on the free access system
	930	+	27 established by the board under subsection (a).
	931	+	28 (d) (e) As required by 52 U.S.C. 21082, the county election board
	932	+	29 shall restrict access to the free access system established under
	933	+	30 subsection (a) to the individual voter who cast the provisional ballot.
	934	+	31 This subsection does not restrict access to election materials available
	935	+	32 under IC 3-10-1-31.1.
	936	+	33 (e) (f) The county election board shall prescribe written instructions
	937	+	34 to inform a provisional voter how the provisional voter can determine
	938	+	35 whether the provisional voter's ballot has been counted.
	939	+	36 SECTION 13. IC 3-11.7-6-4 IS REPEALED [EFFECTIVE JULY
	940	+	37 1, 2022]. Sec. 4. (a) Not later than three (3) calendar days after election
	941	+	38 day, the circuit court clerk shall provide a notice containing the
	942	+	39 following information to each voter who casts a provisional ballot:
	943	+	40 (1) The reason or reasons that the voter's ballot is being treated as
	944	+	41 a provisional ballot.
	945	+	42 (2) A description of what actions, if any, the provisional voter
	946	+	EH 1116—LS 7032/DI 149 22
	947	+	1 must take in order to have the provisional voter's ballot counted
	948	+	2 under this article.
	949	+	3 (3) The deadlines by which the provisional voter is required to
	950	+	4 take any actions described in subdivision (2) in order to have the
	951	+	5 provisional voter's ballot counted under this article.
	952	+	6 (4) The following information that will enable the provisional
	953	+	7 voter to inquire about the provisional voter's ballot:
	954	+	8 (A) The name of the office that the provisional voter may
	955	+	9 contact.
	956	+	10 (B) The address of the office described in clause (A).
	957	+	11 (C) The telephone number at the office described in clause (A)
	958	+	12 that the voter may use to contact the office about the voter's
	959	+	13 provisional ballot.
	960	+	14 (D) Any other information the circuit court clerk considers
	961	+	15 useful to provide assistance to the provisional voter in
	962	+	16 inquiring about the provisional ballot.
	963	+	17 (b) The notice required by subsection (a) must be:
	964	+	18 (1) sent by first class United States mail; or
	965	+	19 (2) given by another method the circuit court clerk determines
	966	+	20 will provide actual notice to the voter.
	967	+	21 (c) The notice required by subsection (a) must be in a form
	968	+	22 prescribed by the election division.
	969	+	23 SECTION 14. IC 3-12-13-3, AS ADDED BY P.L.34-2019,
	970	+	24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	971	+	25 JULY 1, 2022]: Sec. 3. As used in this chapter, "risk-limiting
	972	+	26 "post-election audit" means an audit protocol that makes use of
	973	+	27 statistical methods and is designed to limit to acceptable levels the risk
	974	+	28 of certifying a preliminary election outcome that constitutes an
	975	+	29 incorrect outcome.
	976	+	30 SECTION 15. IC 3-12-13-4, AS ADDED BY P.L.34-2019,
	977	+	31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	978	+	32 JULY 1, 2022]: Sec. 4. (a) The secretary of state may designate
	979	+	33 counties as risk-limiting post-election audit pilot counties.
	980	+	34 (b) For a county to be designated as a risk-limiting post-election
	981	+	35 audit pilot county, the county election board must adopt a resolution
	982	+	36 requesting the secretary of state to designate the county as a
	983	+	37 risk-limiting post-election audit pilot county.
	984	+	38 (c) In designating a county as a risk-limiting post-election audit
	985	+	39 pilot county, the secretary of state shall seek to designate a variety of
	986	+	40 counties as pilot post-election audit counties based on the number of
	987	+	41 active voters within the county.
	988	+	42 (d) A county designated as a risk-limiting post-election audit pilot
	989	+	EH 1116—LS 7032/DI 149 23
	990	+	1 county shall conduct risk-limiting post-election audits as provided in
	991	+	2 this chapter.
	992	+	3 SECTION 16. IC 3-12-13-5, AS AMENDED BY P.L.135-2020,
	993	+	4 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	994	+	5 JULY 1, 2022]: Sec. 5. (a) The secretary of state shall determine the
	995	+	6 number of elections that are subject to a risk-limiting post-election
	996	+	7 audit.
	997	+	8 (b) All contested elections for an elected office and all public
	998	+	9 questions are eligible for designation under subsection (a) for a
	999	+	10 risk-limiting post-election audit.
	1000	+	11 SECTION 17. IC 3-12-13-6, AS AMENDED BY P.L.193-2021,
	1001	+	12 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1002	+	13 JULY 1, 2022]: Sec. 6. (a) The secretary of state may waive the
	1003	+	14 requirement of section 5 of this chapter, after a written request by a
	1004	+	15 county election board.
	1005	+	16 (b) The secretary of state may waive the requirement of section 5 of
	1006	+	17 this chapter only if the county election board shows that the technology
	1007	+	18 in use by the county will not enable the county election board to satisfy
	1008	+	19 the requirements for a risk-limiting post-election audit for an election.
	1009	+	20 SECTION 18. IC 3-12-13-7, AS AMENDED BY P.L.135-2020,
	1010	+	21 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1011	+	22 JULY 1, 2022]: Sec. 7. (a) The secretary of state shall issue orders to
	1012	+	23 implement and administer the requirements of this chapter.
	1013	+	24 (b) In issuing an order under subsection (a), the secretary of state
	1014	+	25 shall:
	1015	+	26 (1) consult with recognized statistical experts, equipment vendors,
	1016	+	27 the election division, and county election officials; and
	1017	+	28 (2) consider best practices for conducting risk-limiting
	1018	+	29 post-election audits.
	1019	+	30 SECTION 19. An emergency is declared for this act.
	1020	+	EH 1116—LS 7032/DI 149 24
	1021	+	COMMITTEE REPORT
	1022	+	Mr. Speaker: Your Committee on Elections and Apportionment, to
	1023	+	which was referred House Bill 1116, has had the same under
	1024	+	consideration and begs leave to report the same back to the House with
	1025	+	the recommendation that said bill be amended as follows:
	1026	+	Page 1, delete lines 1 through 17, begin a new paragraph and insert:
	1027	+	"SECTION 1. IC 3-11-14-2, AS AMENDED BY P.L.109-2021,
	1028	+	SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1029	+	UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection
	1030	+	subsections (c) and (f), a county election board may use an approved
	1031	+	electronic voting system:
	1032	+	(1) in any election;
	1033	+	(2) in all or in some of the precincts within a political subdivision
	1034	+	holding an election; and
	1035	+	(3) instead of or in combination with any other voting method.
	1036	+	(b) A county election board may use an electronic voting system
	1037	+	which includes a voter verifiable paper audit trail if the voting system:
	1038	+	(1) otherwise complies with this chapter and IC 3-11-15; and
	1039	+	(2) is certified by the Indiana election commission.
	1040	+	(c) A county election board may not use an approved electronic
	1041	+	voting system purchased, leased, or otherwise acquired by the county
	1042	+	after December 31, 2019, unless the system:
	1043	+	(1) is certified by the Indiana election commission; and
	1044	+	(2) includes a voter-verifiable voter verifiable paper audit trail.
	1045	+	This subsection does not prohibit a county election board from having
	1046	+	maintenance performed on an electronic voting system purchased,
	1047	+	leased, or otherwise acquired by the county before January 1, 2020.
	1048	+	(d) The voter verifiable paper audit trail must contain all of the
	1049	+	following:
	1050	+	(1) The name or code of the election as provided by the voting
	1051	+	system.
	1052	+	(2) The date of the election.
	1053	+	(3) The date the voter verifiable paper audit trail was printed.
	1054	+	(4) A security code and record number specific to each paper
	1055	+	receipt assigned by the voting system.
	1056	+	(5) The name or designation of the voter's precinct.
	1057	+	(6) The name or designation of each office on the voter's ballot.
	1058	+	(7) The name of the candidate and the designation of the
	1059	+	candidate's political party selected by the voter.
	1060	+	(8) If the voter selects a straight party ticket, the name of the
	1061	+	political party ticket the voter selected.
	1062	+	EH 1116—LS 7032/DI 149 25
	1063	+	(9) The following information:
	1064	+	(A) A description of the text of any public question or judicial
	1065	+	retention question on the voter's ballot that:
	1066	+	(i) contains not more than thirty (30) characters; and
	1067	+	(ii) the county election board determines reasonably conveys
	1068	+	the content of the public question or judicial retention
	1069	+	question.
	1070	+	(B) The response the voter selected for each question.
	1071	+	(e) The voter verifiable paper audit trail may contain additional
	1072	+	information and instructions determined to be useful to the voter by the
	1073	+	county election board subject to the design capabilities of the voter
	1074	+	verifiable paper audit trail.
	1075	+	(f) This subsection applies to a county in which any direct
	1076	+	record electronic voting system that does not include a voter
	1077	+	verifiable paper audit trail is used for an election. A county election
	1078	+	board shall not use a direct record electronic voting system in an
	1079	+	election after July 1, 2022, unless the county election board:
	1080	+	(1) uses a number of direct record electronic voting systems
	1081	+	including a voter verifiable paper audit trail in the election
	1082	+	that is equal to or greater than ten percent (10%) of the total
	1083	+	number of direct record electronic voting systems owned,
	1084	+	leased, or otherwise available to the county as of January 1,
	1085	+	2022, and as of January 1 in each year thereafter;
	1086	+	(2) determines, not later than July 1, 2022, and January 1 of
	1087	+	each year thereafter, the minimum number of direct record
	1088	+	electronic voting systems including a voter verifiable paper
	1089	+	audit trail necessary to comply with the requirement of this
	1090	+	subsection; and
	1091	+	(3) files a certification of this determination to the secretary
	1092	+	of state not later than August 11, 2022, and February 11 of
	1093	+	each year thereafter.".
	1094	+	Page 2, delete lines 1 through 32.
	1095	+	Page 3, after line 34, begin a new paragraph and insert:
	1096	+	"SECTION 3. An emergency is declared for this act.".
	1097	+	Renumber all SECTIONS consecutively.
	1098	+	and when so amended that said bill do pass.
	1099	+	(Reference is to HB 1116 as introduced.)
	1100	+	WESCO
	1101	+	Committee Vote: yeas 11, nays 0.
	1102	+	EH 1116—LS 7032/DI 149 26
	1103	+	COMMITTEE REPORT
	1104	+	Mr. Speaker: Your Committee on Ways and Means, to which was
	1105	+	referred House Bill 1116, has had the same under consideration and
	1106	+	begs leave to report the same back to the House with the
	1107	+	recommendation that said bill be amended as follows:
	1108	+	Page 1, between the enacting clause and line 1, begin a new
	1109	+	paragraph and insert:
	1110	+	"SECTION 1. IC 3-5-4-12, AS AMENDED BY P.L.193-2021,
15	1111		SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16	1112		JULY 1, 2022]: Sec. 12. (a) This section applies only if the costs to
17	1113		a county to enter into an agreement required by this section can be
18	1114		paid from money:
19	1115		(1) received from the federal government and permitted to be
20	1116		spent for this purpose; or
21	1117		(2) appropriated by the general assembly for this purpose.
22	1118		(a) (b) Each county shall enter into an agreement with the secretary
23	1119		of state to use a threat intelligence and enterprise security company
24	1120		designated by the secretary of state to provide hardware, software, and
25	1121		services to:
26	1122		(1) investigate cybersecurity attacks;
27	1123		(2) protect against malicious software; and
28	1124		(3) analyze information technology security risks.
29	1125		(b) (c) The agreement to provide services to a county under this
30	1126		section:
31	1127		(1) has no effect on any threat intelligence and enterprise security
32	1128		service provided to the county by any other agreement with a
33	1129		provider or by any county employee or contractor; and
34	1130		(2) must be designed to complement any existing service
35	1131		agreement or service used by the county;
36		-	HEA 1116 — Concur 2
37	1132		when the county enters into the agreement.
38	1133		(d) This section expires January 1, 2023. 2028.
39	1134		SECTION 2. IC 3-11-4-2, AS AMENDED BY P.L.278-2019,
40	1135		SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41	1136		JULY 1, 2022]: Sec. 2. (a) A voter who wants to vote by absentee
42	1137		ballot must apply to the county election board for an official absentee
43	1138		ballot. Except as provided in subsection (b), the voter must sign the
44	1139		absentee ballot application.
45	1140		(b) If a voter with disabilities is unable to sign the absentee ballot
46	1141		application and the voter has not designated an individual to serve as
47	1142		attorney in fact for the voter, the voter may designate an individual
48	1143		eligible to assist the voter under IC 3-11-9-2(a) to sign the application
	1144	+	EH 1116—LS 7032/DI 149 27
49	1145		on behalf of the voter and add the individual's name to the application.
50	1146		If an individual applies for an absentee ballot as the properly
51	1147		authorized attorney in fact for a voter, the attorney in fact must attach
52	1148		a copy of the power of attorney to the application and comply with
53	1149		subsection (d).
54	1150		(c) A person may provide an individual with an application for an
55	1151		absentee ballot with the following information already printed or
56	1152		otherwise set forth on the application when provided to the individual:
57	1153		(1) The name of the individual.
58	1154		(2) The voter registration address of the individual.
59	1155		(3) The mailing address of the individual.
60	1156		(4) The date of birth of the individual.
61	1157		(d) A person may not provide an individual with an application for
62	1158		an absentee ballot with the following information already printed or
63	1159		otherwise set forth on the application when provided to the individual:
64	1160		(1) The address to which the absentee ballot would be mailed, if
65	1161		different from the voter registration address of the individual.
66	1162		(2) In a primary election, the major political party ballot requested
67	1163		by the individual.
68	1164		(3) In a primary or general election, the types of absentee ballots
69	1165		requested by the individual.
70	1166		(4) The reason why the individual is entitled to vote an absentee
71	1167		ballot:
72	1168		(A) by mail; or
73	1169		(B) before an absentee voter board (other than an absentee
74	1170		voter board located in the office of the circuit court clerk or a
75	1171		satellite office);
76	1172		in accordance with IC 3-11-4-18, IC 3-11-10-24, or
77	1173		IC 3-11-10-25.
78	1174		(5) The voter identification number of the individual.
79		-	HEA 1116 — Concur 3
80	1175		(e) If the county election board determines that an absentee ballot
81	1176		application does not comply with subsection (d), the board shall deny
82	1177		the application under section 17.5 of this chapter.
83		-	(f) The following statement must be printed in at least 16 point
84		-	font size, underlined, and clearly legible print on the envelope of an
85		-	absentee ballot application that a person sends to an individual:
86		-	"(Name of person sending the absentee ballot application) has
87		-	sent you the enclosed application. This is unsolicited and is not
88		-	sent by a state or local elections official.".
89		-	(g) This subsection applies only to an absentee ballot application
	1178	+	(f) This subsection applies only to an absentee ballot application
90	1179		submitted in an electronic format using a module of the
91	1180		computerized list under IC 3-7-26.3. In order for an individual to
92	1181		access the absentee ballot application, the individual shall provide
93	1182		either of the following:
94	1183		(1) The individual's ten (10) digit Indiana driver's license
95	1184		number.
96	1185		(2) The last four (4) digits of the individual's Social Security
97	1186		number.
98		-	(f) (h) A person who assists an individual in completing any
	1187	+	EH 1116—LS 7032/DI 149 28
	1188	+	(f) (g) A person who assists an individual in completing any
99	1189		information described in subsection (d) on an absentee ballot
100	1190		application shall state under the penalties for perjury the following
101	1191		information on the application:
102	1192		(1) The full name, residence and mailing address, and daytime
103	1193		and evening telephone numbers (if any) of the person providing
104	1194		the assistance.
105	1195		(2) The date this assistance was provided.
106	1196		(3) That the person providing the assistance has complied with
107	1197		Indiana laws governing the submission of absentee ballot
108	1198		applications.
109	1199		(4) That the person has no knowledge or reason to believe that the
110	1200		individual submitting the application:
111	1201		(A) is ineligible to vote or to cast an absentee ballot; or
112	1202		(B) did not properly complete and sign the application.
113	1203		When providing assistance to an individual, the person must, in the
114	1204		individual's presence and with the individual's consent, provide the
115	1205		information listed in subsection (d) if the individual is unable to do so.
116		-	(g) (i) This subsection does not apply to an employee of the United
	1206	+	(g) (h) This subsection does not apply to an employee of the United
117	1207		States Postal Service or a bonded courier company acting in the
118	1208		individual's capacity as an employee of the United States Postal Service
119	1209		or a bonded courier company. A person who receives a completed
120	1210		absentee ballot application from the individual who has applied for the
121	1211		absentee ballot shall indicate on the application the date the person
122		-	HEA 1116 — Concur 4
123	1212		received the application, and file the application with the appropriate
124	1213		county election board or election division not later than:
125	1214		(1) noon ten (10) days after the person receives the application;
126	1215		or
127	1216		(2) the deadline set by Indiana law for filing the application with
128	1217		the board;
129	1218		whichever occurs first. The election division, a county election board,
130	1219		or a board of elections and registration shall forward an absentee ballot
131	1220		application to the county election board or board of elections and
132	1221		registration of the county where the individual resides.
133		-	(h) (j) This subsection does not apply to an employee of the United
	1222	+	(h) (i) This subsection does not apply to an employee of the United
134	1223		States Postal Service or a bonded courier company acting in the
135	1224		individual's capacity as an employee of the United States Postal Service
136	1225		or a bonded courier company, or to the election division, a county
137	1226		election board, or a board of elections and registration. A person filing
138	1227		an absentee ballot application, other than the person's own absentee
139	1228		ballot application, must include an affidavit with the application. The
140	1229		affidavit must be signed by the individual who received the completed
	1230	+	EH 1116—LS 7032/DI 149 29
141	1231		application from the applicant. The affidavit must be in a form
142	1232		prescribed by the election division. The form must include the
143	1233		following:
144	1234		(1) A statement of the full name, residence and mailing address,
145	1235		and daytime and evening telephone numbers (if any) of the person
146	1236		submitting the application.
147	1237		(2) A statement that the person filing the affidavit has complied
148	1238		with Indiana laws governing the submission of absentee ballot
149	1239		applications.
150	1240		(3) The date (or dates) that the absentee ballot applications
151	1241		attached to the affidavit were received.
152	1242		(4) A statement that the person has no knowledge or reason to
153	1243		believe that the individual whose application is to be filed:
154	1244		(A) is ineligible to vote or to cast an absentee ballot; or
155	1245		(B) did not properly complete and sign the application.
156	1246		(5) A statement that the person is executing the affidavit under the
157	1247		penalties of perjury.
158	1248		(6) A statement setting forth the penalties for perjury.
159		-	(i) (k) The county election board shall record the date and time of
	1249	+	(i) (j) The county election board shall record the date and time of
160	1250		the filing of the affidavit.
161	1251		SECTION 3. IC 3-11-4-3, AS AMENDED BY P.L.109-2021,
162	1252		SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
163	1253		JULY 1, 2022]: Sec. 3. (a) Except as provided in subsection (c) and
164	1254		section 6 of this chapter, an application for an absentee ballot must be
165		-	HEA 1116 — Concur 5
166	1255		received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
167	1256		or IC 3-6-5.6, the director of the board of elections and registration) not
168	1257		earlier than the date the registration period resumes under IC 3-7-13-10
169	1258		nor later than the following:
170	1259		(1) Noon on election day if the voter registers to vote under
171	1260		IC 3-7-36-14.
172	1261		(2) Noon on the day before election day if the voter:
173	1262		(A) completes the application in the office of the circuit court
174	1263		clerk under IC 3-11-10-26; or
175	1264		(B) is an absent uniformed services voter or overseas voter
176	1265		who requests that the ballot be transmitted by electronic mail
177	1266		or fax under section 6(h) of this chapter.
178	1267		(3) Noon on the day before election day if:
179	1268		(A) the application is a mailed, transmitted by electronic mail,
180	1269		or fax, or hand delivered application from a confined voter or
181	1270		voter caring for a confined person; and
182	1271		(B) the applicant requests that the absentee ballots be
183	1272		delivered to the applicant by an absentee voter board under
	1273	+	EH 1116—LS 7032/DI 149 30
184	1274		IC 3-11-10-25.
185	1275		(4) 11:59 p.m. twelve (12) days before election day if the
186	1276		application is:
187	1277		(A) a mailed application;
188	1278		(B) transmitted by electronic mail;
189	1279		(C) transmitted by fax; or
190	1280		(D) hand delivered;
191	1281		from other voters who request to vote by mail under
192	1282		IC 3-11-10-24.
193	1283		(b) An application for an absentee ballot received by the election
194	1284		division by the time and date specified by subsection (a)(2)(B), (a)(3),
195	1285		or (a)(4) is considered to have been timely received for purposes of
196	1286		processing by the county. The election division shall immediately
197	1287		transmit the application to the circuit court clerk, or the director of the
198	1288		board of elections and registration, of the county where the applicant
199	1289		resides. The election division is not required to complete or file the
200		-	affidavit required under section 2(h) 2(j) of this chapter whenever the
	1290	+	affidavit required under section 2(h) 2(i) of this chapter whenever the
201	1291		election division transmits an application under this subsection.
202	1292		(c) An application for an absentee ballot for the election may not be
203	1293		received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
204	1294		or IC 3-6-5.6, the director of the board of elections and registration)
205	1295		earlier than December 1 of the year before the election.
206	1296		SECTION 4. IC 3-11-4-5.1, AS AMENDED BY P.L.193-2021,
207	1297		SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
208		-	HEA 1116 — Concur 6
209	1298		JULY 1, 2022]: Sec. 5.1. (a) The election division shall prescribe the
210	1299		form of an application for an absentee ballot.
211	1300		(b) This subsection does not apply to the form for an absentee ballot
212	1301		application to be submitted by an absent uniformed services voter or
213	1302		overseas voter that contains a standardized oath for those voters. The
214	1303		form of the application for an absentee ballot must do all of the
215	1304		following:
216	1305		(1) Require the applicant to swear to or affirm under the penalties
217	1306		of perjury that all of the information set forth on the application
218	1307		is true to the best of the applicant's knowledge and belief.
219	1308		(2) Require a person who assisted with the completion of the
220	1309		application to swear to or affirm under the penalties of perjury the
221		-	statements set forth in section 2(f) 2(h) of this chapter.
	1310	+	statements set forth in section 2(f) 2(g) of this chapter.
222	1311		(3) Serve as a verified statement for a voter to indicate a change
223	1312		of name under IC 3-7-41. The form must require the applicant to
224	1313		indicate the applicant's previous name.
225	1314		(4) Set forth the penalties for perjury.
226	1315		(c) The form prescribed by the election division shall require that a
	1316	+	EH 1116—LS 7032/DI 149 31
227	1317		voter who:
228	1318		(1) requests an absentee ballot; and
229	1319		(2) is eligible to vote in the precinct under IC 3-10-11 or
230	1320		IC 3-10-12;
231	1321		must include the affidavit required by IC 3-10-11 or a written
232	1322		affirmation described in IC 3-10-12.
233	1323		(d) The election division shall approve absentee ballot application
234		-	forms that comply with this subsection and section 2(g) 2(i) of this
	1324	+	forms that comply with this subsection and section 2(g) 2(h) of this
235	1325		chapter and permit the applicant to indicate a change of name under
236	1326		subsection (b). The form prescribed by the election division must
237	1327		request that a voter who requests an absentee ballot:
238	1328		(1) provide the last four (4) digits of the voter's Social Security
239	1329		number; or
240	1330		(2) state that the voter does not have a Social Security number.
241	1331		The form must indicate that the voter's compliance with this request is
242	1332		optional.
243	1333		(e) An application form submitted by a voter must comply with
244	1334		subsection (d).
245	1335		(f) The form prescribed by the election division must include a
246	1336		statement that permits an applicant to indicate whether:
247	1337		(1) the applicant has been certified and is currently a participant
248	1338		in the address confidentiality program under IC 5-26.5-2; and
249	1339		(2) the applicant's legal address is the address set forth in the
250	1340		applicant's voter registration.
251		-	HEA 1116 — Concur 7
252	1341		If the applicant confirms these statements, the applicant may indicate
253	1342		the address of the office of the attorney general as the address to which
254	1343		the absentee ballot is to be mailed.
255	1344		(g) This subsection applies to an application to receive an absentee
256	1345		ballot:
257	1346		(1) by mail under IC 3-11-10-24; or
258	1347		(2) in the form of an application to vote before an absentee voter
259	1348		board under IC 3-11-10-25 at the voter's place of confinement or
260	1349		the residence of the voter.
261	1350		If the voter wishes to submit an application under this section in an
262	1351		electronic format using a module of the statewide voter registration
263	1352		system, the voter must include a telephone number at which the voter
264	1353		can be reached to submit the application.
265	1354		(h) The application form for an absentee ballot must enable the
266	1355		applicant to provide the applicant's electronic mail address. However,
267	1356		an applicant's failure to provide an electronic mail address is not a
268	1357		reason for denial of the absentee ballot application.
269		-	SECTION 5. IC 3-11-8-10.3, AS AMENDED BY P.L.193-2021,
	1358	+	SECTION 5. IC 3-11-8-25.2, AS AMENDED BY P.L.193-2021,
	1359	+	EH 1116—LS 7032/DI 149 32
	1360	+	SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1361	+	JULY 1, 2022]: Sec. 25.2. (a) The poll clerk or assistant poll clerk shall
	1362	+	examine the list provided under IC 3-7-29-1 to determine if the county
	1363	+	election board has indicated that the voter is required to provide
	1364	+	additional personal identification under 52 U.S.C. 21083 and
	1365	+	IC 3-7-33-4.5 before voting in person. If the list indicates that the voter
	1366	+	is required to present this identification before voting in person, the
	1367	+	poll clerk shall advise the voter that the voter must present, in addition
	1368	+	to the proof of identification required by section 25.1(a) of this chapter,
	1369	+	a piece of identification described in subsection (b) to the poll clerk.
	1370	+	(b) As required by 52 U.S.C. 21083, and in addition to the proof of
	1371	+	identification required by section 25.1(a) of this chapter, a voter
	1372	+	described by IC 3-7-33-4.5 who has not complied with IC 3-7-33-4.5
	1373	+	before appearing at the polls on election day must present one (1) of the
	1374	+	following documents to the poll clerk:
	1375	+	(1) A current and valid photo identification.
	1376	+	(2) A current utility bill.
	1377	+	(3) A current bank statement.
	1378	+	(4) A current government check.
	1379	+	(5) A current paycheck.
	1380	+	(6) A current government document.
	1381	+	The document presented by the voter must show the name and
	1382	+	residence address of the voter.
	1383	+	(c) If a voter presents a document under subsection (b), the poll
	1384	+	clerk shall add a notation to the list indicating the type of document
	1385	+	presented by the voter. The election division shall prescribe a
	1386	+	standardized coding system to classify documents presented under this
	1387	+	subsection for entry into the county voter registration system.
	1388	+	(d) If a voter required to present documentation under subsection (b)
	1389	+	is unable to present the documentation to the poll clerk while present
	1390	+	in the polls, the poll clerk shall notify the precinct election board. The
	1391	+	board shall provide a provisional ballot to the voter under IC 3-11.7-2.
	1392	+	(e) The precinct election board shall advise the voter, both orally
	1393	+	and in writing, that the voter may file a copy of the documentation with
	1394	+	the county voter registration office to permit the provisional ballot to
	1395	+	be counted under IC 3-11.7. The election division shall prescribe the
	1396	+	form of the explanation required by this subsection.
	1397	+	(f) The circuit court clerk shall provide the notice required by
	1398	+	IC 3-11.7-6-4 to a voter who casts a provisional ballot under this
	1399	+	section.
	1400	+	SECTION 6. IC 3-11-10-24, AS AMENDED BY P.L.109-2021,
	1401	+	SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1402	+	EH 1116—LS 7032/DI 149 33
	1403	+	JULY 1, 2022]: Sec. 24. (a) Except as provided in subsection (b), a
	1404	+	voter who satisfies any of the following is entitled to vote by mail:
	1405	+	(1) The voter has a specific, reasonable expectation of being
	1406	+	absent from the county during the period of time a voter may
	1407	+	vote by absentee ballot before the board (as described in
	1408	+	section 26 of this chapter) and on election day during the entire
	1409	+	twelve (12) hours that the polls are open.
	1410	+	(2) The voter will be absent from the precinct of the voter's
	1411	+	residence during the period of time a voter may vote by
	1412	+	absentee ballot before the board (as described in section 26 of
	1413	+	this chapter) and on election day, because of service as:
	1414	+	(A) a precinct election officer under IC 3-6-6;
	1415	+	(B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
	1416	+	(C) a challenger or pollbook holder under IC 3-6-7; or
	1417	+	(D) a person employed by an election board to administer the
	1418	+	election for which the absentee ballot is requested.
	1419	+	(3) The voter will be confined during the period of time a voter
	1420	+	may vote by absentee ballot before the board (as described in
	1421	+	section 26 of this chapter) and on election day during the
	1422	+	entire twelve (12) hours that the polls are open to the voter's
	1423	+	residence, to a health care facility, or to a hospital because of an
	1424	+	illness or injury. during the entire twelve (12) hours that the polls
	1425	+	are open.
	1426	+	(4) The voter is a voter with disabilities.
	1427	+	(5) The voter is an elderly voter.
	1428	+	(6) The voter is prevented from voting due to the voter's care of
	1429	+	an individual confined to a private residence because of illness or
	1430	+	injury during the period of time a voter may vote by absentee
	1431	+	ballot before the board (as described in section 26 of this
	1432	+	chapter) and during the entire twelve (12) hours that the polls are
	1433	+	open.
	1434	+	(7) The voter is scheduled to work at the person's regular place of
	1435	+	employment during the period of time a voter may vote by
	1436	+	absentee ballot before the board (as described in section 26 of
	1437	+	this chapter) and during the entire twelve (12) hours that the
	1438	+	polls are open.
	1439	+	(8) The voter is eligible to vote under IC 3-10-11 or IC 3-10-12.
	1440	+	(9) The voter is prevented from voting due to observance of a
	1441	+	religious discipline or religious holiday during the period of
	1442	+	time a voter may vote by absentee ballot before the board (as
	1443	+	described in section 26 of this chapter) and during the entire
	1444	+	twelve (12) hours that the polls are open.
	1445	+	EH 1116—LS 7032/DI 149 34
	1446	+	(10) The voter is an address confidentiality program participant
	1447	+	(as defined in IC 5-26.5-1-6).
	1448	+	(11) The voter is a member of the Indiana National Guard
	1449	+	deployed or on assignment inside Indiana or a public safety
	1450	+	officer.
	1451	+	(12) The voter is a serious sex offender (as defined in
	1452	+	IC 35-42-4-14(a)).
	1453	+	(13) The voter is prevented from voting due to the unavailability
	1454	+	of transportation to the polls.
	1455	+	(b) An absent uniformed services voter or overseas voter is entitled
	1456	+	to vote by mail using the combined absentee registration form and
	1457	+	absentee ballot request approved under 52 U.S.C. 20301(b)(2).
	1458	+	(c) A county shall mail an absentee ballot to a voter under this
	1459	+	section by nonforwardable United States Postal Service mail.
	1460	+	(d) Except as provided in subsection (l), a voter with disabilities
	1461	+	who:
	1462	+	(1) is unable to make a voting mark on the ballot or sign the
	1463	+	absentee ballot secrecy envelope; and
	1464	+	(2) requests that the absentee ballot be delivered to an address
	1465	+	within Indiana;
	1466	+	must vote before an absentee voter board under section 25(b) of this
	1467	+	chapter.
	1468	+	(e) If a voter receives an absentee ballot by mail, the voter shall
	1469	+	personally mark the ballot in secret and seal the marked ballot inside
	1470	+	the envelope provided by the county election board for that purpose.
	1471	+	The voter shall:
	1472	+	(1) deposit the sealed envelope in the United States mail for
	1473	+	delivery to the county election board; or
	1474	+	(2) authorize a member of the voter's household, family listed in
	1475	+	IC 3-6-6-7(a)(4), or the individual designated as the voter's
	1476	+	attorney in fact to:
	1477	+	(A) deposit the sealed envelope in the United States mail; or
	1478	+	(B) deliver the sealed envelope in person to the county
	1479	+	election board at:
	1480	+	(i) the office of the circuit court clerk or the office of the
	1481	+	board of elections and registration under section 26 of this
	1482	+	chapter;
	1483	+	(ii) a satellite office of the circuit court clerk designated
	1484	+	under section 26.3 of this chapter; or
	1485	+	(iii) a satellite office of a vote center under IC 3-11-18.1-11.
	1486	+	A voter who delivers the sealed envelope under this clause
	1487	+	may request a replacement absentee ballot under IC 3-11.5-4-2
	1488	+	EH 1116—LS 7032/DI 149 35
	1489	+	and cast a replacement absentee ballot at an office or vote
	1490	+	center described in items (i) through (iii).
	1491	+	(f) A county election board shall reject an absentee ballot deposited
	1492	+	in a drop box or other container or location that is not under the
	1493	+	physical control and supervision of the county election board when the
	1494	+	ballot is deposited.
	1495	+	(g) If a drop box or other container is located in a building under the
	1496	+	control of a political subdivision in which a document may be
	1497	+	deposited for other purposes related to the office of the circuit court
	1498	+	clerk or an office of any other political subdivision, the political
	1499	+	subdivision in control of the drop box or container shall post a notice
	1500	+	on or in a prominent location adjacent to the drop box or container
	1501	+	saying substantially as follows: "Do not deposit a voted absentee ballot
	1502	+	into this box or container. The absentee ballot will not be counted.".
	1503	+	(h) If an absentee ballot is deposited into a box or container in
	1504	+	violation of subsection (f) or (g), the county election board shall mark
	1505	+	the absentee ballot security envelope as rejected and, if possible,
	1506	+	promptly notify the individual whose name appears on the security
	1507	+	envelope containing the absentee ballot.
	1508	+	(i) If a member of the voter's household, family listed in
	1509	+	IC 3-6-6-7(a)(4), or the voter's attorney in fact delivers the sealed
	1510	+	envelope containing a voter's absentee ballot to the county election
	1511	+	board, the individual delivering the ballot shall complete an affidavit
	1512	+	in a form prescribed by the election division. The affidavit must
	1513	+	contain the following information:
	1514	+	(1) The name and residence address of the voter whose absentee
	1515	+	ballot is being delivered.
	1516	+	(2) A statement of the full name, residence and mailing address,
	1517	+	and daytime and evening telephone numbers (if any) of the
	1518	+	individual delivering the absentee ballot.
	1519	+	(3) A statement indicating whether the individual delivering the
	1520	+	absentee ballot is a member of the voter's household, family listed
	1521	+	in IC 3-6-6-7(a)(4), or is the attorney in fact for the voter. If the
	1522	+	individual is the attorney in fact for the voter, the individual must
	1523	+	attach a copy of the power of attorney for the voter, unless a copy
	1524	+	of this document has already been filed with the county election
	1525	+	board.
	1526	+	(4) The date and location at which the absentee ballot was
	1527	+	delivered by the voter to the individual delivering the ballot to the
	1528	+	county election board.
	1529	+	(5) A statement that the individual delivering the absentee ballot
	1530	+	has complied with Indiana laws governing absentee ballots.
	1531	+	EH 1116—LS 7032/DI 149 36
	1532	+	(6) A statement that the individual delivering the absentee ballot
	1533	+	is executing the affidavit under the penalties of perjury.
	1534	+	(7) A statement setting forth the penalties for perjury.
	1535	+	(j) The county election board shall record the date and time that the
	1536	+	affidavit under subsection (i) was filed with the board.
	1537	+	(k) After a voter has mailed or delivered an absentee ballot to the
	1538	+	office of the county election board, the voter may not recast a ballot,
	1539	+	except as provided in IC 3-11-4-17.7, IC 3-11.5-4-2, and
	1540	+	IC 3-11.5-4-21.
	1541	+	(l) A voter with print disabilities may vote by using the system
	1542	+	developed by the secretary of state under IC 3-11-4-6(k).
	1543	+	SECTION 7. IC 3-11-10-26, AS AMENDED BY P.L.193-2021,
	1544	+	SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1545	+	JULY 1, 2022]: Sec. 26. (a) This subsection applies to all counties,
	1546	+	except for a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an
	1547	+	alternative to voting by mail, a voter is entitled to cast an absentee
	1548	+	ballot before an absentee voter board at any of the following:
	1549	+	(1) One (1) location of the office of the circuit court clerk
	1550	+	designated by the circuit court clerk.
	1551	+	(2) A satellite office established under section 26.3 of this
	1552	+	chapter.
	1553	+	(b) This subsection applies to a county to which IC 3-6-5.2 or
	1554	+	IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is
	1555	+	entitled to cast an absentee ballot before an absentee voter board at any
	1556	+	of the following:
	1557	+	(1) The office of the board of elections and registration.
	1558	+	(2) A satellite office established under section 26.3 of this
	1559	+	chapter.
	1560	+	(c) Except for a location designated under subsection (a)(1), a
	1561	+	location of the office of the circuit court clerk must be established as
	1562	+	a satellite office under section 26.3 of this chapter in order to be used
	1563	+	as a location at which a voter is entitled to cast an absentee ballot
	1564	+	before an absentee voter board under this section.
	1565	+	(d) The voter must do the following before being permitted to vote:
	1566	+	(1) This subdivision does not apply to a county that uses
	1567	+	electronic poll books for voting under this section. Sign an
	1568	+	application on the form prescribed by the election division under
	1569	+	IC 3-11-4-5.1. The application must be received by the circuit
	1570	+	court clerk not later than the time prescribed by IC 3-11-4-3.
	1571	+	(2) This subdivision applies only to a county that uses electronic
	1572	+	poll books for voting under this section and in which the ballot is
	1573	+	cast on an electronic voting system. The voter must do the
	1574	+	EH 1116—LS 7032/DI 149 37
	1575	+	following:
	1576	+	(A) If the county election board has prescribed an affidavit
	1577	+	under subsection (e) that includes a unique identifier to
	1578	+	comply with section 26.2(c)(3) of this chapter, make and
	1579	+	subscribe to the affidavit.
	1580	+	(B) Sign the electronic poll book.
	1581	+	(C) Provide proof of identification.
	1582	+	(3) This subdivision applies only to a county that uses electronic
	1583	+	poll books for voting under this section and in which the ballot is
	1584	+	cast on an optical scan voting system. The voter must do the
	1585	+	following:
	1586	+	(A) Sign the electronic poll book.
	1587	+	(B) Provide proof of identification.
	1588	+	(C) Sign the affidavit prescribed by section 29 of this chapter.
	1589	+	(e) The county election board may:
	1590	+	(1) prescribe an affidavit that includes a unique identifier; or
	1591	+	(2) establish a procedure to produce a document, label, or
	1592	+	electronic record that is associated with each voter and includes
	1593	+	a unique identifier;
	1594	+	to comply with section 26.2(c)(3) of this chapter. After the county
	1595	+	election board approves an affidavit or procedure described in this
	1596	+	subsection and before the affidavit or procedure is used in an election,
	1597	+	the county election board shall file a copy of the affidavit or a brief
	1598	+	description of the procedure with the election division to assist the state
	1599	+	recount commission in conducting proceedings under IC 3-12-11.
	1600	+	(f) The voter may vote before the board not more than twenty-eight
	1601	+	(28) days nor later than noon on the day before election day. If the
	1602	+	close of a voter registration period is transferred under IC 3-5-4-1.5
	1603	+	from twenty-nine (29) days to a later date due to the Columbus Day
	1604	+	holiday, the voter may vote before the board on the first day following
	1605	+	the day on which the voter registration period closes.
	1606	+	(g) An absent uniformed services voter who is eligible to vote by
	1607	+	absentee ballot in the circuit court clerk's office under IC 3-7-36-14
	1608	+	may vote before the board not earlier than twenty-eight (28) days
	1609	+	before the election and not later than noon on election day. If the close
	1610	+	of a voter registration period is transferred under IC 3-5-4-1.5 from
	1611	+	twenty-nine (29) days to a later date due to the Columbus Day holiday,
	1612	+	the voter may vote before the board on the first day following the day
	1613	+	on which the voter registration period closes. If a voter described by
	1614	+	this subsection wishes to cast an absentee ballot during the period
	1615	+	beginning at noon on the day before election day and ending at noon on
	1616	+	election day, the county election board or absentee voter board may
	1617	+	EH 1116—LS 7032/DI 149 38
	1618	+	receive and process the ballot at a location designated by resolution of
	1619	+	the county election board.
	1620	+	(h) The absentee voter board in the office of the circuit court clerk
	1621	+	must permit voters to cast absentee ballots under this section for at
	1622	+	least seven (7) hours on each of the two (2) Saturdays preceding
	1623	+	election day. However, the county election board may adopt a
	1624	+	resolution authorizing the circuit court clerk to:
	1625	+	(1) use the office of the circuit court clerk designated in
	1626	+	subsection (a)(1); or
	1627	+	(2) establish a satellite office under section 26.3 of this chapter;
	1628	+	to permit voters to cast absentee ballots under this section for at least
	1629	+	four (4) hours on the third Saturday preceding election day.
	1630	+	(i) Notwithstanding subsection (h), in a county with a population of
	1631	+	less than twenty thousand (20,000), the absentee voter board in the
	1632	+	office of the circuit court clerk, with the approval of the county election
	1633	+	board, may reduce the number of hours available to cast absentee
	1634	+	ballots under this section to a minimum of four (4) hours on each of the
	1635	+	two (2) Saturdays preceding election day.
	1636	+	(j) As provided by 52 U.S.C. 21081, a voter casting an absentee
	1637	+	ballot under this section must be:
	1638	+	(1) permitted to verify in a private and independent manner the
	1639	+	votes selected by the voter before the ballot is cast and counted;
	1640	+	(2) provided with the opportunity to change the ballot or correct
	1641	+	any error in a private and independent manner before the ballot is
	1642	+	cast and counted, including the opportunity to receive a
	1643	+	replacement ballot if the voter is otherwise unable to change or
	1644	+	correct the ballot; and
	1645	+	(3) notified before the ballot is cast regarding the effect of casting
	1646	+	multiple votes for the office and provided an opportunity to
	1647	+	correct the ballot before the ballot is cast and counted.
	1648	+	(k) As provided by 52 U.S.C. 21081, when an absentee ballot is
	1649	+	provided under this section, the board must also provide the voter with:
	1650	+	(1) information concerning the effect of casting multiple votes for
	1651	+	an office; and
	1652	+	(2) instructions on how to correct the ballot before the ballot is
	1653	+	cast and counted, including the issuance of replacement ballots.
	1654	+	(l) If:
	1655	+	(1) the voter is unable or declines to present the proof of
	1656	+	identification; or
	1657	+	(2) a member of the board determines that the proof of
	1658	+	identification provided by the voter does not qualify as proof of
	1659	+	identification under IC 3-5-2-40.5;
	1660	+	EH 1116—LS 7032/DI 149 39
	1661	+	the voter shall be permitted to cast a provisional ballot.
	1662	+	(m) This subsection applies to a voter who casts an absentee ballot
	1663	+	that is treated as a provisional ballot under subsection (l). The board
	1664	+	shall provide the voter, both orally and in writing, an explanation of
	1665	+	what actions, if any, the voter must take in order to have the voter's
	1666	+	ballot counted. The election division shall prescribe the form of the
	1667	+	explanation required by this subsection. The circuit court clerk shall
	1668	+	also provide the notice required by IC 3-11.7-6-4 to the voter.
	1669	+	(n) A voter casting an absentee ballot under this section is entitled
	1670	+	to cast the voter's ballot in accordance with IC 3-11-9.
	1671	+	(o) In a primary election, a voter casting an absentee ballot under
	1672	+	this chapter may not change the voter's choice of the voter's political
	1673	+	party after the voter has been mailed or otherwise provided with a
	1674	+	primary ballot containing the candidates of that party.
	1675	+	SECTION 8. IC 3-11-10-26.1 IS ADDED TO THE INDIANA
	1676	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	1677	+	[EFFECTIVE JULY 1, 2022]: Sec. 26.1. Voting before an absentee
	1678	+	voter board under section 26 of this chapter shall be referred to as
	1679	+	"early voting" on all forms prescribed by the election division and
	1680	+	in all communications with voters.".
	1681	+	Page 3, delete lines 8 through 42.
	1682	+	Page 4, delete lines 1 through 9, begin a new paragraph and insert:
	1683	+	"SECTION 10. IC 3-11.7-2-2, AS AMENDED BY P.L.193-2021,
	1684	+	SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1685	+	JULY 1, 2022]: Sec. 2. (a) A provisional voter shall do the following:
	1686	+	(1) Execute the affidavit described in IC 3-10-1-9 or
	1687	+	IC 3-11-8-23.
	1688	+	(2) Sign the poll list.
	1689	+	(3) Mark the ballot in the presence of no other person, unless the
	1690	+	voter requests help in marking a ballot under IC 3-11-9.
	1691	+	(4) Fold each ballot separately.
	1692	+	(5) Fold each ballot so as to conceal the marking.
	1693	+	(6) Enclose each ballot, with the seal and signature of the circuit
	1694	+	court clerk on the outside, together with any unused ballot, in the
	1695	+	envelope provided by the county election board under
	1696	+	IC 3-11.7-1-8.
	1697	+	(7) Securely seal the envelope.
	1698	+	(b) A provisional voter may mark a ballot with a pen or a lead
	1699	+	pencil.
	1700	+	(c) This subsection applies to a provisional voter described in
	1701	+	section 1(a)(1), 1(a)(2), or 1(a)(3) of this chapter. As provided by 52
	1702	+	U.S.C. 21082, a precinct election officer shall give the provisional
	1703	+	EH 1116—LS 7032/DI 149 40
	1704	+	voter a copy of the written instructions prescribed by the county
	1705	+	election board under IC 3-11.7-6-3 after the voter returns the envelope
	1706	+	containing the provisional voter's ballots.
	1707	+	(d) This subsection applies to a provisional voter described in
	1708	+	section 1(a) or 1(b) of this chapter. In addition to the written
	1709	+	instructions required by subsection (c), a precinct election officer shall
	1710	+	provide the provisional voter, both orally and in writing, an explanation
	1711	+	of what actions, if any, the provisional voter must take in order to have
	1712	+	the provisional voter's ballot counted. The election division shall
	1713	+	prescribe the form of the explanation required by this subsection. The
	1714	+	circuit court clerk shall also provide the notice required by
	1715	+	IC 3-11.7-6-4 to the provisional voter.
	1716	+	SECTION 11. IC 3-11.7-6-4 IS REPEALED [EFFECTIVE JULY
	1717	+	1, 2022]. Sec. 4. (a) Not later than three (3) calendar days after election
	1718	+	day, the circuit court clerk shall provide a notice containing the
	1719	+	following information to each voter who casts a provisional ballot:
	1720	+	(1) The reason or reasons that the voter's ballot is being treated as
	1721	+	a provisional ballot.
	1722	+	(2) A description of what actions, if any, the provisional voter
	1723	+	must take in order to have the provisional voter's ballot counted
	1724	+	under this article.
	1725	+	(3) The deadlines by which the provisional voter is required to
	1726	+	take any actions described in subdivision (2) in order to have the
	1727	+	provisional voter's ballot counted under this article.
	1728	+	(4) The following information that will enable the provisional
	1729	+	voter to inquire about the provisional voter's ballot:
	1730	+	(A) The name of the office that the provisional voter may
	1731	+	contact.
	1732	+	(B) The address of the office described in clause (A).
	1733	+	(C) The telephone number at the office described in clause (A)
	1734	+	that the voter may use to contact the office about the voter's
	1735	+	provisional ballot.
	1736	+	(D) Any other information the circuit court clerk considers
	1737	+	useful to provide assistance to the provisional voter in
	1738	+	inquiring about the provisional ballot.
	1739	+	(b) The notice required by subsection (a) must be:
	1740	+	(1) sent by first class United States mail; or
	1741	+	(2) given by another method the circuit court clerk determines
	1742	+	will provide actual notice to the voter.
	1743	+	(c) The notice required by subsection (a) must be in a form
	1744	+	prescribed by the election division.
	1745	+	SECTION 12. IC 3-12-13-3, AS ADDED BY P.L.34-2019,
	1746	+	EH 1116—LS 7032/DI 149 41
	1747	+	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1748	+	JULY 1, 2022]: Sec. 3. As used in this chapter, "risk-limiting
	1749	+	"post-election audit" means an audit protocol that makes use of
	1750	+	statistical methods and is designed to limit to acceptable levels the risk
	1751	+	of certifying a preliminary election outcome that constitutes an
	1752	+	incorrect outcome.
	1753	+	SECTION 13. IC 3-12-13-4, AS ADDED BY P.L.34-2019,
	1754	+	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1755	+	JULY 1, 2022]: Sec. 4. (a) The secretary of state may designate
	1756	+	counties as risk-limiting post-election audit pilot counties.
	1757	+	(b) For a county to be designated as a risk-limiting post-election
	1758	+	audit pilot county, the county election board must adopt a resolution
	1759	+	requesting the secretary of state to designate the county as a
	1760	+	risk-limiting post-election audit pilot county.
	1761	+	(c) In designating a county as a risk-limiting post-election audit
	1762	+	pilot county, the secretary of state shall seek to designate a variety of
	1763	+	counties as pilot post-election audit counties based on the number of
	1764	+	active voters within the county.
	1765	+	(d) A county designated as a risk-limiting post-election audit pilot
	1766	+	county shall conduct risk-limiting post-election audits as provided in
	1767	+	this chapter.
	1768	+	SECTION 14. IC 3-12-13-5, AS AMENDED BY P.L.135-2020,
	1769	+	SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1770	+	JULY 1, 2022]: Sec. 5. (a) The secretary of state shall determine the
	1771	+	number of elections that are subject to a risk-limiting post-election
	1772	+	audit.
	1773	+	(b) All contested elections for an elected office and all public
	1774	+	questions are eligible for designation under subsection (a) for a
	1775	+	risk-limiting post-election audit.
	1776	+	SECTION 15. IC 3-12-13-6, AS AMENDED BY P.L.193-2021,
	1777	+	SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1778	+	JULY 1, 2022]: Sec. 6. (a) The secretary of state may waive the
	1779	+	requirement of section 5 of this chapter, after a written request by a
	1780	+	county election board.
	1781	+	(b) The secretary of state may waive the requirement of section 5 of
	1782	+	this chapter only if the county election board shows that the technology
	1783	+	in use by the county will not enable the county election board to satisfy
	1784	+	the requirements for a risk-limiting post-election audit for an election.
	1785	+	SECTION 16. IC 3-12-13-7, AS AMENDED BY P.L.135-2020,
	1786	+	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1787	+	JULY 1, 2022]: Sec. 7. (a) The secretary of state shall issue orders to
	1788	+	implement and administer the requirements of this chapter.
	1789	+	EH 1116—LS 7032/DI 149 42
	1790	+	(b) In issuing an order under subsection (a), the secretary of state
	1791	+	shall:
	1792	+	(1) consult with recognized statistical experts, equipment vendors,
	1793	+	the election division, and county election officials; and
	1794	+	(2) consider best practices for conducting risk-limiting
	1795	+	post-election audits.".
	1796	+	Renumber all SECTIONS consecutively.
	1797	+	and when so amended that said bill do pass.
	1798	+	(Reference is to HB 1116 as printed January 11, 2022.)
	1799	+	BROWN T
	1800	+	Committee Vote: yeas 12, nays 7.
	1801	+	_____
	1802	+	HOUSE MOTION
	1803	+	Mr. Speaker: I move that House Bill 1116 be amended to read as
	1804	+	follows:
	1805	+	Page 16, between lines 19 and 20, begin a new paragraph and insert:
	1806	+	"SECTION 10. IC 3-11-15-13.3, AS AMENDED BY P.L.193-2021,
	1807	+	SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1808	+	JULY 1, 2022]: Sec. 13.3. (a) To be approved by the commission for
	1809	+	use in Indiana, a voting system must meet one (1) of the following:
	1810	+	(1) The Voting System Standards adopted by the Federal Election
	1811	+	Commission on April 30, 2002.
	1812	+	(2) The Voluntary Voting System Guidelines adopted by the
	1813	+	United States Election Assistance Commission on December 13,
	1814	+	2005.
	1815	+	(3) The Voluntary Voting System Guidelines adopted by the
	1816	+	United States Election Assistance Commission, as amended on
	1817	+	March 31, 2015.
	1818	+	(b) Except as provided in subsection (c), a county may continue to
	1819	+	use an optical scan ballot card voting system or an electronic voting
	1820	+	system whose approval or certification expired on or before October 1,
	1821	+	2021, if the voting system:
	1822	+	(1) was:
	1823	+	(A) approved by the commission for use in elections in Indiana
	1824	+	before October 1, 2021; and
	1825	+	(B) purchased or leased by the county before October 1, 2021;
	1826	+	and
	1827	+	EH 1116—LS 7032/DI 149 43
	1828	+	(2) otherwise complies with the applicable provisions of HAVA
	1829	+	and this article.
	1830	+	However, a voting system vendor may not market, sell, lease, or install
	1831	+	a voting system described in this subsection.
	1832	+	(c) A county may not continue to use an electronic voting system
	1833	+	after December 31, 2029, July 1, 2024, unless the:
	1834	+	(1) system includes a voter verifiable paper audit trail; and
	1835	+	(2) certification of that system by the commission has not expired.
	1836	+	(d) As provided by 52 U.S.C. 21081, to be used in an election in
	1837	+	Indiana, a voting system must be accessible for individuals with
	1838	+	disabilities, including nonvisual accessibility for the blind and visually
	1839	+	impaired, in a manner that provides the same opportunity for access
	1840	+	and participation (including privacy and independence) as for other
	1841	+	voters.
	1842	+	(e) As provided by 52 U.S.C. 21081, an election board conducting
	1843	+	an election satisfies the requirements of subsection (d) if the election
	1844	+	board provides at least one (1) electronic voting system or other voting
	1845	+	system equipped for individuals with disabilities at each polling place.
	1846	+	(f) If a voter who is otherwise qualified to cast a ballot in a precinct
	1847	+	chooses to cast the voter's ballot on the voting system provided under
	1848	+	subsection (e), the voter must be allowed to cast the voter's ballot on
	1849	+	that voting system, whether or not the voter is an individual with
	1850	+	disabilities.".
	1851	+	Renumber all SECTIONS consecutively.
	1852	+	(Reference is to HB 1116 as printed January 25, 2022.)
	1853	+	BROWN T
	1854	+	_____
	1855	+	COMMITTEE REPORT
	1856	+	Madam President: The Senate Committee on Elections, to which
	1857	+	was referred House Bill No. 1116, has had the same under
	1858	+	consideration and begs leave to report the same back to the Senate with
	1859	+	the recommendation that said bill be AMENDED as follows:
	1860	+	Page 3, line 9, after "(f)" insert "The following statement must be
	1861	+	printed in at least 16 point font size, underlined, and clearly legible
	1862	+	print on the envelope of an absentee ballot application that a
	1863	+	person sends to an individual:
	1864	+	"(Name of person sending the absentee ballot application) has
	1865	+	sent you the enclosed application. This is unsolicited and is not
	1866	+	EH 1116—LS 7032/DI 149 44
	1867	+	sent by a state or local elections official.".
	1868	+	(g)".
	1869	+	Page 3, line 18, delete "(g)" and insert "(h)".
	1870	+	Page 3, line 36, delete "(h)" and insert "(i)".
	1871	+	Page 4, line 10, delete "(i)" and insert "(j)".
	1872	+	Page 4, line 36, delete "(j)" and insert "(k)".
	1873	+	Page 5, line 34, delete "2(i)" and insert "2(j)".
	1874	+	Page 6, line 12, delete "2(g)" and insert "2(h)".
	1875	+	Page 6, line 25, delete "2(h)" and insert "2(i)".
	1876	+	Page 7, between lines 16 and 17, begin a new paragraph and insert:
	1877	+	"SECTION 5. IC 3-11-8-10.3, AS AMENDED BY P.L.193-2021,
270	1878		SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
271	1879		JULY 1, 2022]: Sec. 10.3. (a) A reference to an electronic poll list in
272	1880		a vote center plan adopted under IC 3-11-18.1 before July 1, 2014, is
273	1881		considered to be a reference to an electronic poll book (as defined by
274	1882		IC 3-5-2-20.5), unless otherwise expressly provided in the vote center
275	1883		plan.
276	1884		(b) An electronic poll book must satisfy all of the following:
277	1885		(1) An electronic poll book must be programmed so that the
278	1886		coordinated action of two (2) election officers who are not
279	1887		members of the same political party is necessary to access the
280	1888		electronic poll book.
281	1889		(2) An electronic poll book may not be connected to a voting
282	1890		system. However, the electronic poll book may be used in
283	1891		conjunction with a voting system if both of the following apply:
284	1892		(A) The electronic poll book contains a device that must be
285	1893		physically removed from the electronic poll book by a person
286	1894		and the device is inserted into the voting system, with no
287	1895		hardware or software connection existing between the
288	1896		electronic poll book and the voting system.
289	1897		(B) All data on the device is erased when the device is
290	1898		removed from the voting system and before the device is
291	1899		reinserted into an electronic poll book.
292	1900		(3) An electronic poll book may not permit access to voter
293	1901		information other than:
294		-	HEA 1116 — Concur 8
295	1902		(A) information provided on the certified list of voters
296	1903		prepared under IC 3-7-29-1; or
297	1904		(B) information concerning any of the following received or
298	1905		issued after the electronic poll list has been downloaded by the
299	1906		county election board under IC 3-7-29-6:
300	1907		(i) The county's receipt of an absentee ballot from the voter.
301	1908		(ii) The county's receipt of additional documentation
	1909	+	EH 1116—LS 7032/DI 149 45
302	1910		provided by the voter to the county voter registration office.
303	1911		(iii) The county's issuance of a certificate of error.
304	1912		An electronic poll book may not display whether a voter's
305	1913		registration record is in active or inactive status.
306	1914		(4) The information contained on an electronic poll book must be
307	1915		secure and placed on a dedicated, private server to secure
308	1916		connectivity between a precinct polling place or satellite absentee
309	1917		office and the county election board. The electronic poll book
310	1918		must have the capability of:
311	1919		(A) storing (in external or internal memory) the current local
312	1920		version of the electronic poll list; and
313	1921		(B) producing a list of audit records that reflect all of the
314	1922		idiosyncrasies of the system, including in-process audit
315	1923		records that set forth all transactions.
316	1924		(5) The electronic poll book must permit a poll clerk to enter
317	1925		information regarding an individual who has appeared to vote to
318	1926		verify whether the individual is eligible to vote, and if so, whether
319	1927		the voter has:
320	1928		(A) already received a ballot at the election;
321	1929		(B) returned an absentee ballot; or
322	1930		(C) submitted any additional documentation required under
323	1931		IC 3-7-33-4.5.
324	1932		(6) After the voter has been provided with a ballot, the electronic
325	1933		poll book must permit a poll clerk to enter information indicating
326	1934		that the voter has received a ballot.
327	1935		(7) The electronic poll book must transmit the information in
328	1936		subdivision (6) to the county server so that:
329	1937		(A) the server may transmit the information immediately to
330	1938		every other polling place or satellite absentee office in the
331	1939		county; or
332	1940		(B) the server makes the information immediately available to
333	1941		every other polling place or satellite office in the county.
334	1942		(8) The electronic poll book must permit reports to be:
335	1943		(A) generated by a county election board for a watcher
336	1944		appointed under IC 3-6-8 at any time during election day; and
337		-	HEA 1116 — Concur 9
338	1945		(B) electronically transmitted by the county election board to
339	1946		a political party or independent candidate who has appointed
340	1947		a watcher under IC 3-6-8.
341	1948		(9) On each day after absentee ballots are cast before an absentee
342	1949		voter board in the circuit court clerk's office, a satellite office, or
343	1950		a vote center, and after election day, the electronic poll book must
344	1951		permit voter history to be quickly and accurately uploaded into
	1952	+	EH 1116—LS 7032/DI 149 46
345	1953		the computerized list (as defined in IC 3-7-26.3-2).
346	1954		(10) The electronic poll book must be able to display an electronic
347	1955		image of the signature of a voter taken from:
348	1956		(A) the voter's registration application; or
349	1957		(B) a more recent signature of a voter from an absentee
350	1958		application, poll list, electronic poll book, or registration
351	1959		document.
352	1960		(11) The electronic poll book must be used with a signature pad,
353	1961		tablet, or other signature capturing device that permits the voter
354	1962		to make an electronic signature for comparison with the signature
355	1963		displayed under subdivision (10). An image of the electronic
356	1964		signature made by the voter on the signature pad, tablet, or other
357	1965		signature capturing device must be retained and identified as the
358	1966		signature of the voter for the period required for retention under
359	1967		IC 3-10-1-31.1.
360	1968		(12) The electronic poll book must include a bar code capturing
361	1969		device that:
362	1970		(A) permits a voter who presents an Indiana driver's license or
363	1971		a state identification card issued under IC 9-24-16 to scan the
364	1972		license or card through the bar code reader or tablet; and
365	1973		(B) has the capability to display the voter's registration record
366	1974		upon processing the information contained within the bar code
367	1975		on the license or card.
368	1976		(13) A printer separate from the electronic poll book used in a
369	1977		vote center county may be programmed to print on the back of a
370	1978		ballot card, immediately before the ballot card is delivered to the
371	1979		voter, the printed initials of the poll clerks captured through the
372	1980		electronic signature pad or tablet at the time the poll clerks log
373	1981		into the electronic poll book system.
374	1982		(14) The electronic poll book must be compatible with:
375	1983		(A) any hardware attached to the electronic poll book, such as
376	1984		signature capturing devices, bar code capturing devices, and
377	1985		network cards;
378	1986		(B) the statewide voter registration system; and
379	1987		(C) any software system used to prepare voter information to
380		-	HEA 1116 — Concur 10
381	1988		be included on the electronic poll book.
382	1989		(15) The electronic poll book must have the ability to be used in
383	1990		conformity with this title for:
384	1991		(A) any type of election conducted in Indiana; or
385	1992		(B) any combination of elections held concurrently with a
386	1993		general election, municipal election, primary election, or
387	1994		special election.
	1995	+	EH 1116—LS 7032/DI 149 47
388	1996		(16) The procedures for setting up, using, and shutting down an
389	1997		electronic poll book must be reasonably easy for a precinct
390	1998		election officer to learn, understand, and perform. A vendor shall
391	1999		provide sufficient training to election officials and poll workers
392	2000		to completely familiarize them with the operations essential for
393	2001		carrying out election activities. A vendor shall provide an
394	2002		assessment of learning goals achieved by the training in
395	2003		consultation with VSTOP (as described in IC 3-11-18.1-12).
396	2004		(17) The electronic poll book must enable a precinct election
397	2005		officer to verify that the electronic poll book:
398	2006		(A) has been set up correctly;
399	2007		(B) is working correctly so as to verify the eligibility of the
400	2008		voter;
401	2009		(C) is correctly recording that a voter received a ballot; and
402	2010		(D) has been shut down correctly.
403	2011		(18) The electronic poll book must include the following
404	2012		documentation:
405	2013		(A) Plainly worded, complete, and detailed instructions
406	2014		sufficient for a precinct election officer to set up, use, and shut
407	2015		down the electronic poll book.
408	2016		(B) Training materials that:
409	2017		(i) may be in written or video form; and
410	2018		(ii) must be in a format suitable for use at a polling place,
411	2019		such as simple "how to" guides.
412	2020		(C) Failsafe data recovery procedures for information included
413	2021		in the electronic poll book.
414	2022		(D) Usability tests:
415	2023		(i) that are conducted by the manufacturer of the electronic
416	2024		poll book or an independent testing facility using individuals
417	2025		who are representative of the general public;
418	2026		(ii) that include the setting up, using, and shutting down of
419	2027		the electronic poll book; and
420	2028		(iii) that report their results using industry standard reporting
421	2029		formats.
422	2030		(E) A clear model of the electronic poll book system
423		-	HEA 1116 — Concur 11
424	2031		architecture and the following documentation:
425	2032		(i) End user documentation.
426	2033		(ii) System-level and administrator level documentation.
427	2034		(iii) Developer documentation.
428	2035		(F) Detailed information concerning:
429	2036		(i) electronic poll book consumables; and
430	2037		(ii) the vendor's supply chain for those consumables.
	2038	+	EH 1116—LS 7032/DI 149 48
431	2039		(G) Vendor internal quality assurance procedures and any
432	2040		internal or external test data and reports available to the
433	2041		vendor concerning the electronic poll book.
434	2042		(H) Repair and maintenance policies for the electronic poll
435	2043		book.
436	2044		(I) As of the date of the vendor's application for approval of
437	2045		the electronic poll book by the secretary of state as required by
438	2046		IC 3-11-18.1-12, the following:
439	2047		(i) A list of customers who are using or have previously used
440	2048		the vendor's electronic poll book.
441	2049		(ii) A description of any known anomalies involving the
442	2050		functioning of the electronic poll book, including how those
443	2051		anomalies were resolved.
444	2052		(J) Information concerning batteries used in the electronic poll
445	2053		book, including the following:
446	2054		(i) A list of all batteries to be used in the electronic poll
447	2055		book and any peripherals.
448	2056		(ii) The expected life span of each battery.
449	2057		(iii) A log documenting when each battery was installed or
450	2058		subsequently replaced.
451	2059		(iv) A schedule for the replacement of each battery not later
452	2060		than thirty (30) days before the end of the expected life span
453	2061		of each battery.
454	2062		(v) Plans to test batteries before each election.
455	2063		(vi) Plans for the emergency replacement of batteries that
456	2064		fail on election day or during the thirty (30) days before
457	2065		election day.
458	2066		(19) The electronic poll book and any hardware attached to the
459	2067		electronic poll book must be designed to prevent injury or damage
460	2068		to any individual or the hardware, including fire and electrical
461	2069		hazards.
462	2070		(20) The electronic poll book must demonstrate that it correctly
463	2071		processes all activity regarding each voter registration record,
464	2072		including the use, alteration, storage, receipt, and transmittal of
465	2073		information that is part of the record. Compliance with this
466		-	HEA 1116 — Concur 12
467	2074		subdivision requires the mapping of the data life cycle of the voter
468	2075		registration record as processed by the electronic poll book.
469	2076		(21) The electronic poll book must successfully perform in
470	2077		accordance with all representations concerning functionality,
471	2078		usability, security, accessibility, and sustainability made in the
472	2079		vendor's application for approval of the electronic poll book by
473	2080		the secretary of state as required by IC 3-11-18.1-12.
	2081	+	EH 1116—LS 7032/DI 149 49
474	2082		(22) The electronic poll book must have the capacity to transmit
475	2083		all information generated by the voter or poll clerk as part of the
476	2084		process of casting a ballot, including the time and date stamp
477	2085		indicating when the voter signed the electronic poll book, and the
478	2086		electronic signature of the voter, for retention on the dedicated
479	2087		private server approved by the county election board for the
480	2088		period required by Indiana and federal law.
481	2089		(23) The electronic poll book must:
482	2090		(A) permit a voter to check in and sign the electronic poll book
483	2091		even when there is a temporary interruption in connectivity to
484	2092		the Internet; and
485	2093		(B) provide for the uploading of each signature so that the
486	2094		signature may be assigned to the voter's registration record.
487	2095		(24) The electronic poll book must have the capacity, for each
488	2096		voter who appears on the electronic poll list, to transmit
489	2097		information that a voter cast a provisional ballot:
490	2098		(A) from the electronic poll book to the dedicated private
491	2099		server; and
492	2100		(B) from the dedicated private server to the voter's record
493	2101		in the statewide voter registration system.
494	2102		This functionality may not be disabled.
495	2103		(c) The county election board is responsible for the care and custody
496	2104		of all electronic poll books while not in use.
497	2105		(d) The county election board is responsible for ensuring that all
498	2106		electronic poll books are dedicated devices to be used only for their
499	2107		intended purpose and for no other activity. Software that is not needed
500	2108		for the essential purpose of running the electronic poll book may not be
501		-	installed on an electronic poll book.
502		-	SECTION 6. IC 3-11-8-25.2, AS AMENDED BY P.L.193-2021,
503		-	SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
504		-	JULY 1, 2022]: Sec. 25.2. (a) The poll clerk or assistant poll clerk shall
505		-	examine the list provided under IC 3-7-29-1 to determine if the county
506		-	election board has indicated that the voter is required to provide
507		-	additional personal identification under 52 U.S.C. 21083 and
508		-	IC 3-7-33-4.5 before voting in person. If the list indicates that the voter
509		-	HEA 1116 — Concur 13
510		-	is required to present this identification before voting in person, the
511		-	poll clerk shall advise the voter that the voter must present, in addition
512		-	to the proof of identification required by section 25.1(a) of this chapter,
513		-	a piece of identification described in subsection (b) to the poll clerk.
514		-	(b) As required by 52 U.S.C. 21083, and in addition to the proof of
515		-	identification required by section 25.1(a) of this chapter, a voter
516		-	described by IC 3-7-33-4.5 who has not complied with IC 3-7-33-4.5
517		-	before appearing at the polls on election day must present one (1) of the
518		-	following documents to the poll clerk:
519		-	(1) A current and valid photo identification.
520		-	(2) A current utility bill.
521		-	(3) A current bank statement.
522		-	(4) A current government check.
523		-	(5) A current paycheck.
524		-	(6) A current government document.
525		-	The document presented by the voter must show the name and
526		-	residence address of the voter.
527		-	(c) If a voter presents a document under subsection (b), the poll
528		-	clerk shall add a notation to the list indicating the type of document
529		-	presented by the voter. The election division shall prescribe a
530		-	standardized coding system to classify documents presented under this
531		-	subsection for entry into the county voter registration system.
532		-	(d) If a voter required to present documentation under subsection (b)
533		-	is unable to present the documentation to the poll clerk while present
534		-	in the polls, the poll clerk shall notify the precinct election board. The
535		-	board shall provide a provisional ballot to the voter under IC 3-11.7-2.
536		-	(e) The precinct election board shall advise the voter, both orally
537		-	and in writing, that the voter may file a copy of the documentation with
538		-	the county voter registration office to permit the provisional ballot to
539		-	be counted under IC 3-11.7. The election division shall prescribe the
540		-	form of the explanation required by this subsection.
541		-	(f) The circuit court clerk shall provide the notice required by
542		-	IC 3-11.7-6-4 to a voter who casts a provisional ballot under this
543		-	section.
544		-	SECTION 7. IC 3-11-10-26, AS AMENDED BY P.L.193-2021,
545		-	SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
546		-	JULY 1, 2022]: Sec. 26. (a) This subsection applies to all counties,
547		-	except for a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an
548		-	alternative to voting by mail, a voter is entitled to cast an absentee
549		-	ballot before an absentee voter board at any of the following:
550		-	(1) One (1) location of the office of the circuit court clerk
551		-	designated by the circuit court clerk.
552		-	HEA 1116 — Concur 14
553		-	(2) A satellite office established under section 26.3 of this
554		-	chapter.
555		-	(b) This subsection applies to a county to which IC 3-6-5.2 or
556		-	IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is
557		-	entitled to cast an absentee ballot before an absentee voter board at any
558		-	of the following:
559		-	(1) The office of the board of elections and registration.
560		-	(2) A satellite office established under section 26.3 of this
561		-	chapter.
562		-	(c) Except for a location designated under subsection (a)(1), a
563		-	location of the office of the circuit court clerk must be established as
564		-	a satellite office under section 26.3 of this chapter in order to be used
565		-	as a location at which a voter is entitled to cast an absentee ballot
566		-	before an absentee voter board under this section.
567		-	(d) The voter must do the following before being permitted to vote:
568		-	(1) This subdivision does not apply to a county that uses
569		-	electronic poll books for voting under this section. Sign an
570		-	application on the form prescribed by the election division under
571		-	IC 3-11-4-5.1. The application must be received by the circuit
572		-	court clerk not later than the time prescribed by IC 3-11-4-3.
573		-	(2) This subdivision applies only to a county that uses electronic
574		-	poll books for voting under this section and in which the ballot is
575		-	cast on an electronic voting system. The voter must do the
576		-	following:
577		-	(A) If the county election board has prescribed an affidavit
578		-	under subsection (e) that includes a unique identifier to
579		-	comply with section 26.2(c)(3) of this chapter, make and
580		-	subscribe to the affidavit.
581		-	(B) Sign the electronic poll book.
582		-	(C) Provide proof of identification.
583		-	(3) This subdivision applies only to a county that uses electronic
584		-	poll books for voting under this section and in which the ballot is
585		-	cast on an optical scan voting system. The voter must do the
586		-	following:
587		-	(A) Sign the electronic poll book.
588		-	(B) Provide proof of identification.
589		-	(C) Sign the affidavit prescribed by section 29 of this chapter.
590		-	(e) The county election board may:
591		-	(1) prescribe an affidavit that includes a unique identifier; or
592		-	(2) establish a procedure to produce a document, label, or
593		-	electronic record that is associated with each voter and includes
594		-	a unique identifier;
595		-	HEA 1116 — Concur 15
596		-	to comply with section 26.2(c)(3) of this chapter. After the county
597		-	election board approves an affidavit or procedure described in this
598		-	subsection and before the affidavit or procedure is used in an election,
599		-	the county election board shall file a copy of the affidavit or a brief
600		-	description of the procedure with the election division to assist the state
601		-	recount commission in conducting proceedings under IC 3-12-11.
602		-	(f) The voter may vote before the board not more than twenty-eight
603		-	(28) days nor later than noon on the day before election day. If the
604		-	close of a voter registration period is transferred under IC 3-5-4-1.5
605		-	from twenty-nine (29) days to a later date due to the Columbus Day
606		-	holiday, the voter may vote before the board on the first day following
607		-	the day on which the voter registration period closes.
608		-	(g) An absent uniformed services voter who is eligible to vote by
609		-	absentee ballot in the circuit court clerk's office under IC 3-7-36-14
610		-	may vote before the board not earlier than twenty-eight (28) days
611		-	before the election and not later than noon on election day. If the close
612		-	of a voter registration period is transferred under IC 3-5-4-1.5 from
613		-	twenty-nine (29) days to a later date due to the Columbus Day holiday,
614		-	the voter may vote before the board on the first day following the day
615		-	on which the voter registration period closes. If a voter described by
616		-	this subsection wishes to cast an absentee ballot during the period
617		-	beginning at noon on the day before election day and ending at noon on
618		-	election day, the county election board or absentee voter board may
619		-	receive and process the ballot at a location designated by resolution of
620		-	the county election board.
621		-	(h) The absentee voter board in the office of the circuit court clerk
622		-	must permit voters to cast absentee ballots under this section for at
623		-	least seven (7) hours on each of the two (2) Saturdays preceding
624		-	election day. However, the county election board may adopt a
625		-	resolution authorizing the circuit court clerk to:
626		-	(1) use the office of the circuit court clerk designated in
627		-	subsection (a)(1); or
628		-	(2) establish a satellite office under section 26.3 of this chapter;
629		-	to permit voters to cast absentee ballots under this section for at least
630		-	four (4) hours on the third Saturday preceding election day.
631		-	(i) Notwithstanding subsection (h), in a county with a population of
632		-	less than twenty thousand (20,000), the absentee voter board in the
633		-	office of the circuit court clerk, with the approval of the county election
634		-	board, may reduce the number of hours available to cast absentee
635		-	ballots under this section to a minimum of four (4) hours on each of the
636		-	two (2) Saturdays preceding election day.
637		-	(j) As provided by 52 U.S.C. 21081, a voter casting an absentee
638		-	HEA 1116 — Concur 16
639		-	ballot under this section must be:
640		-	(1) permitted to verify in a private and independent manner the
641		-	votes selected by the voter before the ballot is cast and counted;
642		-	(2) provided with the opportunity to change the ballot or correct
643		-	any error in a private and independent manner before the ballot is
644		-	cast and counted, including the opportunity to receive a
645		-	replacement ballot if the voter is otherwise unable to change or
646		-	correct the ballot; and
647		-	(3) notified before the ballot is cast regarding the effect of casting
648		-	multiple votes for the office and provided an opportunity to
649		-	correct the ballot before the ballot is cast and counted.
650		-	(k) As provided by 52 U.S.C. 21081, when an absentee ballot is
651		-	provided under this section, the board must also provide the voter with:
652		-	(1) information concerning the effect of casting multiple votes for
653		-	an office; and
654		-	(2) instructions on how to correct the ballot before the ballot is
655		-	cast and counted, including the issuance of replacement ballots.
656		-	(l) If:
657		-	(1) the voter is unable or declines to present the proof of
658		-	identification; or
659		-	(2) a member of the board determines that the proof of
660		-	identification provided by the voter does not qualify as proof of
661		-	identification under IC 3-5-2-40.5;
662		-	the voter shall be permitted to cast a provisional ballot.
663		-	(m) This subsection applies to a voter who casts an absentee ballot
664		-	that is treated as a provisional ballot under subsection (l). The board
665		-	shall provide the voter, both orally and in writing, an explanation of
666		-	what actions, if any, the voter must take in order to have the voter's
667		-	ballot counted. The election division shall prescribe the form of the
668		-	explanation required by this subsection. The circuit court clerk shall
669		-	also provide the notice required by IC 3-11.7-6-4 to the voter.
670		-	(n) A voter casting an absentee ballot under this section is entitled
671		-	to cast the voter's ballot in accordance with IC 3-11-9.
672		-	(o) In a primary election, a voter casting an absentee ballot under
673		-	this chapter may not change the voter's choice of the voter's political
674		-	party after the voter has been mailed or otherwise provided with a
675		-	primary ballot containing the candidates of that party.
676		-	SECTION 8. IC 3-11-10-26.1 IS ADDED TO THE INDIANA
677		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
678		-	[EFFECTIVE JULY 1, 2022]: Sec. 26.1. Voting before an absentee
679		-	voter board under section 26 of this chapter shall be referred to as
680		-	"early voting" on all forms prescribed by the election division and
681		-	HEA 1116 — Concur 17
682		-	in all communications with voters.
683		-	SECTION 9. IC 3-11-14-2, AS AMENDED BY P.L.109-2021,
684		-	SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
685		-	UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection
686		-	subsections (c) and (f), a county election board may use an approved
687		-	electronic voting system:
688		-	(1) in any election;
689		-	(2) in all or in some of the precincts within a political subdivision
690		-	holding an election; and
691		-	(3) instead of or in combination with any other voting method.
692		-	(b) A county election board may use an electronic voting system
693		-	which includes a voter verifiable paper audit trail if the voting system:
694		-	(1) otherwise complies with this chapter and IC 3-11-15; and
695		-	(2) is certified by the Indiana election commission.
696		-	(c) A county election board may not use an approved electronic
697		-	voting system purchased, leased, or otherwise acquired by the county
698		-	after December 31, 2019, unless the system:
699		-	(1) is certified by the Indiana election commission; and
700		-	(2) includes a voter-verifiable voter verifiable paper audit trail.
701		-	This subsection does not prohibit a county election board from having
702		-	maintenance performed on an electronic voting system purchased,
703		-	leased, or otherwise acquired by the county before January 1, 2020.
704		-	(d) The voter verifiable paper audit trail must contain all of the
705		-	following:
706		-	(1) The name or code of the election as provided by the voting
707		-	system.
708		-	(2) The date of the election.
709		-	(3) The date the voter verifiable paper audit trail was printed.
710		-	(4) A security code and record number specific to each paper
711		-	receipt assigned by the voting system.
712		-	(5) The name or designation of the voter's precinct.
713		-	(6) The name or designation of each office on the voter's ballot.
714		-	(7) The name of the candidate and the designation of the
715		-	candidate's political party selected by the voter.
716		-	(8) If the voter selects a straight party ticket, the name of the
717		-	political party ticket the voter selected.
718		-	(9) The following information:
719		-	(A) A description of the text of any public question or judicial
720		-	retention question on the voter's ballot that:
721		-	(i) contains not more than thirty (30) characters; and
722		-	(ii) the county election board determines reasonably conveys
723		-	the content of the public question or judicial retention
724		-	HEA 1116 — Concur 18
725		-	question.
726		-	(B) The response the voter selected for each question.
727		-	(e) The voter verifiable paper audit trail may contain additional
728		-	information and instructions determined to be useful to the voter by the
729		-	county election board subject to the design capabilities of the voter
730		-	verifiable paper audit trail.
731		-	(f) This subsection applies to a county in which any direct
732		-	record electronic voting system that does not include a voter
733		-	verifiable paper audit trail is used for an election. A county election
734		-	board shall not use a direct record electronic voting system in an
735		-	election after July 1, 2022, unless the county election board:
736		-	(1) uses a number of direct record electronic voting systems
737		-	including a voter verifiable paper audit trail in the election
738		-	that is equal to or greater than ten percent (10%) of the total
739		-	number of direct record electronic voting systems owned,
740		-	leased, or otherwise available to the county as of January 1,
741		-	2022, and as of January 1 in each year thereafter;
742		-	(2) determines, not later than July 1, 2022, and January 1 of
743		-	each year thereafter, the minimum number of direct record
744		-	electronic voting systems including a voter verifiable paper
745		-	audit trail necessary to comply with the requirement of this
746		-	subsection; and
747		-	(3) files a certification of this determination to the secretary
748		-	of state not later than August 11, 2022, and February 11 of
749		-	each year thereafter.
750		-	SECTION 10. IC 3-11-15-13.3, AS AMENDED BY P.L.193-2021,
751		-	SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
752		-	JULY 1, 2022]: Sec. 13.3. (a) To be approved by the commission for
753		-	use in Indiana, a voting system must meet one (1) of the following:
754		-	(1) The Voting System Standards adopted by the Federal Election
755		-	Commission on April 30, 2002.
756		-	(2) The Voluntary Voting System Guidelines adopted by the
757		-	United States Election Assistance Commission on December 13,
758		-	2005.
759		-	(3) The Voluntary Voting System Guidelines adopted by the
760		-	United States Election Assistance Commission, as amended on
761		-	March 31, 2015.
762		-	(b) Except as provided in subsection (c), a county may continue to
763		-	use an optical scan ballot card voting system or an electronic voting
764		-	system whose approval or certification expired on or before October 1,
765		-	2021, if the voting system:
766		-	(1) was:
767		-	HEA 1116 — Concur 19
768		-	(A) approved by the commission for use in elections in Indiana
769		-	before October 1, 2021; and
770		-	(B) purchased or leased by the county before October 1, 2021;
771		-	and
772		-	(2) otherwise complies with the applicable provisions of HAVA
773		-	and this article.
774		-	However, a voting system vendor may not market, sell, lease, or install
775		-	a voting system described in this subsection.
776		-	(c) A county may not continue to use an electronic voting system
777		-	after December 31, 2029, July 1, 2024, unless the:
778		-	(1) system includes a voter verifiable paper audit trail; and
779		-	(2) certification of that system by the commission has not expired.
780		-	(d) As provided by 52 U.S.C. 21081, to be used in an election in
781		-	Indiana, a voting system must be accessible for individuals with
782		-	disabilities, including nonvisual accessibility for the blind and visually
783		-	impaired, in a manner that provides the same opportunity for access
784		-	and participation (including privacy and independence) as for other
785		-	voters.
786		-	(e) As provided by 52 U.S.C. 21081, an election board conducting
787		-	an election satisfies the requirements of subsection (d) if the election
788		-	board provides at least one (1) electronic voting system or other voting
789		-	system equipped for individuals with disabilities at each polling place.
790		-	(f) If a voter who is otherwise qualified to cast a ballot in a precinct
791		-	chooses to cast the voter's ballot on the voting system provided under
792		-	subsection (e), the voter must be allowed to cast the voter's ballot on
793		-	that voting system, whether or not the voter is an individual with
794		-	disabilities.
795		-	SECTION 11. IC 3-11.7-2-2, AS AMENDED BY P.L.193-2021,
796		-	SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
797		-	JULY 1, 2022]: Sec. 2. (a) A provisional voter shall do the following:
798		-	(1) Execute the affidavit described in IC 3-10-1-9 or
799		-	IC 3-11-8-23.
800		-	(2) Sign the poll list.
801		-	(3) Mark the ballot in the presence of no other person, unless the
802		-	voter requests help in marking a ballot under IC 3-11-9.
803		-	(4) Fold each ballot separately.
804		-	(5) Fold each ballot so as to conceal the marking.
805		-	(6) Enclose each ballot, with the seal and signature of the circuit
806		-	court clerk on the outside, together with any unused ballot, in the
807		-	envelope provided by the county election board under
808		-	IC 3-11.7-1-8.
809		-	(7) Securely seal the envelope.
810		-	HEA 1116 — Concur 20
811		-	(b) A provisional voter may mark a ballot with a pen or a lead
812		-	pencil.
813		-	(c) This subsection applies to a provisional voter described in
814		-	section 1(a)(1), 1(a)(2), or 1(a)(3) of this chapter. As provided by 52
815		-	U.S.C. 21082, a precinct election officer shall give the provisional
816		-	voter a copy of the written instructions prescribed by the county
817		-	election board under IC 3-11.7-6-3 after the voter returns the envelope
818		-	containing the provisional voter's ballots.
819		-	(d) This subsection applies to a provisional voter described in
820		-	section 1(a) or 1(b) of this chapter. In addition to the written
821		-	instructions required by subsection (c), a precinct election officer shall
822		-	provide the provisional voter, both orally and in writing, an explanation
823		-	of what actions, if any, the provisional voter must take in order to have
824		-	the provisional voter's ballot counted. The election division shall
825		-	prescribe the form of the explanation required by this subsection. The
826		-	circuit court clerk shall also provide the notice required by
827		-	IC 3-11.7-6-4 to the provisional voter.
828		-	SECTION 12. IC 3-11.7-6-3, AS AMENDED BY P.L.278-2019,
	2109	+	installed on an electronic poll book.".
	2110	+	Page 8, delete lines 16 through 42.
	2111	+	Delete pages 9 through 10.
	2112	+	Page 11, delete lines 1 through 28.
	2113	+	Page 17, line 5, delete "trail;" and insert "trail, provided that the
	2114	+	cost to a county to procure the voter verifiable paper audit trail
	2115	+	equipment is paid from money:
	2116	+	(A) received from the federal government and permitted to
	2117	+	be spent for this purpose; or
	2118	+	(B) appropriated by the general assembly for this
	2119	+	purpose;".
	2120	+	Page 18, between lines 11 and 12, begin a new paragraph and insert:
	2121	+	"SECTION 13. IC 3-11.7-6-3, AS AMENDED BY P.L.278-2019,
829	2122		SECTION 135, IS AMENDED TO READ AS FOLLOWS
830	2123		[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) As required by 52 U.S.C.
	2124	+	EH 1116—LS 7032/DI 149 50
831	2125		21082, a county election board shall establish a free access system such
832	2126		as a toll-free telephone number or an Internet web site that enables a
833	2127		provisional voter to determine:
834	2128		(1) whether the individual's provisional ballot was counted; and
835	2129		(2) if the provisional ballot was not counted, the reason the
836	2130		provisional ballot was not counted.
837	2131		A county election board may use a module of the computerized list
838	2132		under IC 3-7-26.3 to comply with this subsection.
839	2133		(b) The county election board shall enter the following into the
840	2134		computerized list:
841	2135		(1) The name of the individual.
842	2136		(2) The address of the individual.
843	2137		(3) The day and time the county election board will meet to
844	2138		determine the validity of a provisional ballot under
845	2139		IC 3-11.7-5.
846	2140		(3) (4) Whether the individual's provisional ballot was counted.
847	2141		(4) (5) If the individual's provisional ballot was not counted, the
848	2142		reason the provisional ballot was not counted.
849	2143		An individual who casts a provisional ballot may access the
850	2144		information described in this subsection pertaining to the
851	2145		provisional ballot of the individual through a module of the
852	2146		computerized list under IC 3-7-26.3.
853		-	HEA 1116 — Concur 21
854	2147		(c) Not later than the earlier of:
855	2148		(1) twenty-four (24) hours before the date the county election
856	2149		board meets under IC 3-11.7-5 to determine the validity of a
857	2150		provisional ballot cast by an individual; or
858	2151		(2) three (3) days after the election;
859	2152		the provisional ballot information described in subsection (b)(1)
860	2153		through (b)(3) must be entered to the computerized list. The
861	2154		provisional ballot information described in subsection (b)(4) and
862	2155		(b)(5) must be entered into the computerized list not later than the
863	2156		date the county election board certifies the election results of the
864	2157		county under IC 3-12-4-9.
865	2158		(c) (d) As required by 52 U.S.C. 21082, the county election board
866	2159		shall establish and maintain reasonable procedures to protect the
867	2160		security, confidentiality, and integrity of personal information
868	2161		collected, stored, or otherwise used on the free access system
869	2162		established by the board under subsection (a).
870	2163		(d) (e) As required by 52 U.S.C. 21082, the county election board
871	2164		shall restrict access to the free access system established under
872	2165		subsection (a) to the individual voter who cast the provisional ballot.
873	2166		This subsection does not restrict access to election materials available
	2167	+	EH 1116—LS 7032/DI 149 51
874	2168		under IC 3-10-1-31.1.
875	2169		(e) (f) The county election board shall prescribe written instructions
876	2170		to inform a provisional voter how the provisional voter can determine
877		-	whether the provisional voter's ballot has been counted.
878		-	SECTION 13. IC 3-11.7-6-4 IS REPEALED [EFFECTIVE JULY
879		-	1, 2022]. Sec. 4. (a) Not later than three (3) calendar days after election
880		-	day, the circuit court clerk shall provide a notice containing the
881		-	following information to each voter who casts a provisional ballot:
882		-	(1) The reason or reasons that the voter's ballot is being treated as
883		-	a provisional ballot.
884		-	(2) A description of what actions, if any, the provisional voter
885		-	must take in order to have the provisional voter's ballot counted
886		-	under this article.
887		-	(3) The deadlines by which the provisional voter is required to
888		-	take any actions described in subdivision (2) in order to have the
889		-	provisional voter's ballot counted under this article.
890		-	(4) The following information that will enable the provisional
891		-	voter to inquire about the provisional voter's ballot:
892		-	(A) The name of the office that the provisional voter may
893		-	contact.
894		-	(B) The address of the office described in clause (A).
895		-	(C) The telephone number at the office described in clause (A)
896		-	HEA 1116 — Concur 22
897		-	that the voter may use to contact the office about the voter's
898		-	provisional ballot.
899		-	(D) Any other information the circuit court clerk considers
900		-	useful to provide assistance to the provisional voter in
901		-	inquiring about the provisional ballot.
902		-	(b) The notice required by subsection (a) must be:
903		-	(1) sent by first class United States mail; or
904		-	(2) given by another method the circuit court clerk determines
905		-	will provide actual notice to the voter.
906		-	(c) The notice required by subsection (a) must be in a form
907		-	prescribed by the election division.
908		-	SECTION 14. IC 3-12-13-3, AS ADDED BY P.L.34-2019,
909		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
910		-	JULY 1, 2022]: Sec. 3. As used in this chapter, "risk-limiting
911		-	"post-election audit" means an audit protocol that makes use of
912		-	statistical methods and is designed to limit to acceptable levels the risk
913		-	of certifying a preliminary election outcome that constitutes an
914		-	incorrect outcome.
915		-	SECTION 15. IC 3-12-13-4, AS ADDED BY P.L.34-2019,
916		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
917		-	JULY 1, 2022]: Sec. 4. (a) The secretary of state may designate
918		-	counties as risk-limiting post-election audit pilot counties.
919		-	(b) For a county to be designated as a risk-limiting post-election
920		-	audit pilot county, the county election board must adopt a resolution
921		-	requesting the secretary of state to designate the county as a
922		-	risk-limiting post-election audit pilot county.
923		-	(c) In designating a county as a risk-limiting post-election audit
924		-	pilot county, the secretary of state shall seek to designate a variety of
925		-	counties as pilot post-election audit counties based on the number of
926		-	active voters within the county.
927		-	(d) A county designated as a risk-limiting post-election audit pilot
928		-	county shall conduct risk-limiting post-election audits as provided in
929		-	this chapter.
930		-	SECTION 16. IC 3-12-13-5, AS AMENDED BY P.L.135-2020,
931		-	SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
932		-	JULY 1, 2022]: Sec. 5. (a) The secretary of state shall determine the
933		-	number of elections that are subject to a risk-limiting post-election
934		-	audit.
935		-	(b) All contested elections for an elected office and all public
936		-	questions are eligible for designation under subsection (a) for a
937		-	risk-limiting post-election audit.
938		-	SECTION 17. IC 3-12-13-6, AS AMENDED BY P.L.193-2021,
939		-	HEA 1116 — Concur 23
940		-	SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
941		-	JULY 1, 2022]: Sec. 6. (a) The secretary of state may waive the
942		-	requirement of section 5 of this chapter, after a written request by a
943		-	county election board.
944		-	(b) The secretary of state may waive the requirement of section 5 of
945		-	this chapter only if the county election board shows that the technology
946		-	in use by the county will not enable the county election board to satisfy
947		-	the requirements for a risk-limiting post-election audit for an election.
948		-	SECTION 18. IC 3-12-13-7, AS AMENDED BY P.L.135-2020,
949		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
950		-	JULY 1, 2022]: Sec. 7. (a) The secretary of state shall issue orders to
951		-	implement and administer the requirements of this chapter.
952		-	(b) In issuing an order under subsection (a), the secretary of state
953		-	shall:
954		-	(1) consult with recognized statistical experts, equipment vendors,
955		-	the election division, and county election officials; and
956		-	(2) consider best practices for conducting risk-limiting
957		-	post-election audits.
958		-	SECTION 19. An emergency is declared for this act.
959		-	HEA 1116 — Concur Speaker of the House of Representatives
960		-	President of the Senate
961		-	President Pro Tempore
962		-	Governor of the State of Indiana
963		-	Date: Time:
964		-	HEA 1116 — Concur
	2171	+	whether the provisional voter's ballot has been counted.".
	2172	+	Renumber all SECTIONS consecutively.
	2173	+	and when so amended that said bill do pass and be reassigned to the
	2174	+	Senate Committee on Appropriations.
	2175	+	(Reference is to HB 1116 as reprinted January 28, 2022.)
	2176	+	FORD JON, Chairperson
	2177	+	Committee Vote: Yeas 6, Nays 2.
	2178	+	EH 1116—LS 7032/DI 149