IN
Indiana House Bill HB1173

Indiana 2022 Regular Session

Indiana House Bill HB1173 Compare Versions

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1-*HB1173.1*
2-January 18, 2022
1+
2+Introduced Version
33 HOUSE BILL No. 1173
44 _____
5-DIGEST OF HB 1173 (Updated January 18, 2022 11:48 am - DI 131)
6-Citations Affected: IC 3-5; IC 3-11; IC 3-11.7; IC 3-12.
7-Synopsis: Various elections matters. Provides that the security
8-agreement that counties are required to enter into with the secretary of
9-state must be funded by money received from the federal government
10-or from money appropriated by the general assembly. Provides that
11-before an individual can access an absentee ballot application that is
12-submitted in an electronic format using a module of the computerized
13-list, the individual must provide either the individual's Indiana driver's
14-license number or the last four digits of the individual's Social Security
15-number. Provides that under certain circumstances, a person is entitled
16-to vote by absentee ballot by mail if the person is unable to vote: (1)
17-during the period of time a voter may vote by absentee ballot in person
18-before the absentee voter board; (2) on election day; or (3) on election
19-day during the entire 12 hours that the polls are open. (Current law
20-provides that under certain circumstances, a person is entitled to vote
21-by absentee ballot by mail if the person is unable to vote on election
22-day or on election day during the entire 12 hours that the polls are
23-open.) Requires that voting before an absentee voter board at the circuit
24-court clerk's office or at a satellite office be referred to as "early voting"
25-on all forms prescribed by the election division and in all
26-communications with voters. Repeals language that requires the circuit
5+DIGEST OF INTRODUCED BILL
6+Citations Affected: IC 3-5; IC 3-7; IC 3-9-5; IC 3-11; IC 3-11.5;
7+IC 3-11.7; IC 3-12.
8+Synopsis: Various elections matters. Extends the requirement for a
9+county to enter into an agreement with the secretary of state to have an
10+elections security consultant service provide services to the county.
11+Repeals and removes all references in election law concerning faxes
12+and facsimile transmissions. Repeals language that requires the circuit
2713 court clerk to provide notice containing certain information to each
2814 voter who casts a provisional ballot. Changes the term "risk-limiting
2915 audit" to "post-election audit". Removes the word "pilot" from the
3016 chapter concerning post-election audits. Provides that the secretary of
31-state shall determine the number of elections that are subject to a post-
32-election audit. Makes conforming changes.
17+state shall determine the number of elections that are subject to a
18+post-election audit. Makes conforming changes.
3319 Effective: July 1, 2022.
3420 Wesco
3521 January 6, 2022, read first time and referred to Committee on Elections and
3622 Apportionment.
37-January 18, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
38-Means pursuant to Rule 127.
39-HB 1173—LS 7011/DI 131 January 18, 2022
23+2022 IN 1173—LS 7011/DI 131 Introduced
4024 Second Regular Session of the 122nd General Assembly (2022)
4125 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
4226 Constitution) is being amended, the text of the existing provision will appear in this style type,
4327 additions will appear in this style type, and deletions will appear in this style type.
4428 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4529 provision adopted), the text of the new provision will appear in this style type. Also, the
4630 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4731 a new provision to the Indiana Code or the Indiana Constitution.
4832 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4933 between statutes enacted by the 2021 Regular Session of the General Assembly.
5034 HOUSE BILL No. 1173
5135 A BILL FOR AN ACT to amend the Indiana Code concerning
5236 elections.
5337 Be it enacted by the General Assembly of the State of Indiana:
54-1 SECTION 1. IC 3-5-4-12, AS AMENDED BY P.L.193-2021,
55-2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
56-3 JULY 1, 2022]: Sec. 12. (a) This section applies only if the costs to
57-4 a county to enter into an agreement required by this section can be
58-5 paid from money:
59-6 (1) received from the federal government and permitted to be
60-7 spent for this purpose; or
61-8 (2) appropriated by the general assembly for this purpose.
62-9 (a) (b) Each county shall enter into an agreement with the secretary
63-10 of state to use a threat intelligence and enterprise security company
64-11 designated by the secretary of state to provide hardware, software, and
65-12 services to:
66-13 (1) investigate cybersecurity attacks;
67-14 (2) protect against malicious software; and
68-15 (3) analyze information technology security risks.
69-16 (b) (c) The agreement to provide services to a county under this
70-17 section:
71-HB 1173—LS 7011/DI 131 2
72-1 (1) has no effect on any threat intelligence and enterprise security
73-2 service provided to the county by any other agreement with a
74-3 provider or by any county employee or contractor; and
75-4 (2) must be designed to complement any existing service
76-5 agreement or service used by the county;
77-6 when the county enters into the agreement.
78-7 (d) This section expires January 1, 2023. 2028.
79-8 SECTION 2. IC 3-11-4-2, AS AMENDED BY P.L.278-2019,
80-9 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
81-10 JULY 1, 2022]: Sec. 2. (a) A voter who wants to vote by absentee
82-11 ballot must apply to the county election board for an official absentee
83-12 ballot. Except as provided in subsection (b), the voter must sign the
84-13 absentee ballot application.
85-14 (b) If a voter with disabilities is unable to sign the absentee ballot
86-15 application and the voter has not designated an individual to serve as
87-16 attorney in fact for the voter, the voter may designate an individual
88-17 eligible to assist the voter under IC 3-11-9-2(a) to sign the application
89-18 on behalf of the voter and add the individual's name to the application.
90-19 If an individual applies for an absentee ballot as the properly
91-20 authorized attorney in fact for a voter, the attorney in fact must attach
92-21 a copy of the power of attorney to the application and comply with
93-22 subsection (d).
94-23 (c) A person may provide an individual with an application for an
95-24 absentee ballot with the following information already printed or
96-25 otherwise set forth on the application when provided to the individual:
97-26 (1) The name of the individual.
98-27 (2) The voter registration address of the individual.
99-28 (3) The mailing address of the individual.
100-29 (4) The date of birth of the individual.
101-30 (d) A person may not provide an individual with an application for
102-31 an absentee ballot with the following information already printed or
103-32 otherwise set forth on the application when provided to the individual:
104-33 (1) The address to which the absentee ballot would be mailed, if
105-34 different from the voter registration address of the individual.
106-35 (2) In a primary election, the major political party ballot requested
107-36 by the individual.
108-37 (3) In a primary or general election, the types of absentee ballots
109-38 requested by the individual.
110-39 (4) The reason why the individual is entitled to vote an absentee
111-40 ballot:
112-41 (A) by mail; or
113-42 (B) before an absentee voter board (other than an absentee
114-HB 1173—LS 7011/DI 131 3
115-1 voter board located in the office of the circuit court clerk or a
116-2 satellite office);
117-3 in accordance with IC 3-11-4-18, IC 3-11-10-24, or
118-4 IC 3-11-10-25.
119-5 (5) The voter identification number of the individual.
120-6 (e) If the county election board determines that an absentee ballot
121-7 application does not comply with subsection (d), the board shall deny
122-8 the application under section 17.5 of this chapter.
123-9 (f) This subsection applies only to an absentee ballot application
124-10 submitted in an electronic format using a module of the
125-11 computerized list under IC 3-7-26.3. In order for an individual to
126-12 access the absentee ballot application, the individual shall provide
127-13 either of the following:
128-14 (1) The individual's ten (10) digit Indiana driver's license
129-15 number.
130-16 (2) The last four (4) digits of the individual's Social Security
131-17 number.
132-18 (f) (g) A person who assists an individual in completing any
133-19 information described in subsection (d) on an absentee ballot
134-20 application shall state under the penalties for perjury the following
135-21 information on the application:
136-22 (1) The full name, residence and mailing address, and daytime
137-23 and evening telephone numbers (if any) of the person providing
138-24 the assistance.
139-25 (2) The date this assistance was provided.
140-26 (3) That the person providing the assistance has complied with
141-27 Indiana laws governing the submission of absentee ballot
142-28 applications.
143-29 (4) That the person has no knowledge or reason to believe that the
144-30 individual submitting the application:
145-31 (A) is ineligible to vote or to cast an absentee ballot; or
146-32 (B) did not properly complete and sign the application.
147-33 When providing assistance to an individual, the person must, in the
148-34 individual's presence and with the individual's consent, provide the
149-35 information listed in subsection (d) if the individual is unable to do so.
150-36 (g) (h) This subsection does not apply to an employee of the United
151-37 States Postal Service or a bonded courier company acting in the
152-38 individual's capacity as an employee of the United States Postal Service
153-39 or a bonded courier company. A person who receives a completed
154-40 absentee ballot application from the individual who has applied for the
155-41 absentee ballot shall indicate on the application the date the person
156-42 received the application, and file the application with the appropriate
157-HB 1173—LS 7011/DI 131 4
158-1 county election board or election division not later than:
159-2 (1) noon ten (10) days after the person receives the application;
160-3 or
161-4 (2) the deadline set by Indiana law for filing the application with
162-5 the board;
163-6 whichever occurs first. The election division, a county election board,
164-7 or a board of elections and registration shall forward an absentee ballot
165-8 application to the county election board or board of elections and
166-9 registration of the county where the individual resides.
167-10 (h) (i) This subsection does not apply to an employee of the United
168-11 States Postal Service or a bonded courier company acting in the
169-12 individual's capacity as an employee of the United States Postal Service
170-13 or a bonded courier company, or to the election division, a county
171-14 election board, or a board of elections and registration. A person filing
172-15 an absentee ballot application, other than the person's own absentee
173-16 ballot application, must include an affidavit with the application. The
174-17 affidavit must be signed by the individual who received the completed
175-18 application from the applicant. The affidavit must be in a form
176-19 prescribed by the election division. The form must include the
38+1 SECTION 1. IC 3-5-2-23.7 IS REPEALED [EFFECTIVE JULY 1,
39+2 2022]. Sec. 23.7. "Fax" refers to transmission of information by a
40+3 facsimile (fax) machine.
41+4 SECTION 2. IC 3-5-4-1.7, AS AMENDED BY P.L.257-2019,
42+5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
43+6 JULY 1, 2022]: Sec. 1.7. (a) Except as otherwise expressly authorized
44+7 or required under this title, a filing by a person with a commission, the
45+8 election division, an election board, or a county voter registration office
46+9 may not be made by fax or electronic mail.
47+10 (b) A petition of nomination filed with a county voter registration
48+11 office under IC 3-8-2, IC 3-8-2.5, IC 3-8-3, or IC 3-8-6 or a petition to
49+12 place a public question on the ballot, or any other petition filed that
50+13 requires the county voter registration office to certify the validity of
51+14 signatures, may not contain the electronic signature, digital signature,
52+15 digitized signature, or photocopied signature of a voter.
53+16 SECTION 3. IC 3-5-4-12, AS AMENDED BY P.L.193-2021,
54+17 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
55+2022 IN 1173—LS 7011/DI 131 2
56+1 JULY 1, 2022]: Sec. 12. (a) Each county shall enter into an agreement
57+2 with the secretary of state to use a threat intelligence and enterprise
58+3 security company designated by the secretary of state to provide
59+4 hardware, software, and services to:
60+5 (1) investigate cybersecurity attacks;
61+6 (2) protect against malicious software; and
62+7 (3) analyze information technology security risks.
63+8 (b) The agreement to provide services to a county under this section:
64+9 (1) has no effect on any threat intelligence and enterprise security
65+10 service provided to the county by any other agreement with a
66+11 provider or by any county employee or contractor; and
67+12 (2) must be designed to complement any existing service
68+13 agreement or service used by the county;
69+14 when the county enters into the agreement. This section expires
70+15 January 1, 2023. 2028.
71+16 SECTION 4. IC 3-7-32-4, AS AMENDED BY P.L.128-2015,
72+17 SECTION 111, IS AMENDED TO READ AS FOLLOWS
73+18 [EFFECTIVE JULY 1, 2022]: Sec. 4. A voter may not submit a
74+19 registration application by fax or an electronic transmission except:
75+20 (1) a voter who is an absent uniformed services voter or overseas
76+21 voter submitting a registration application on the combined
77+22 absentee registration form and absentee ballot request approved
78+23 under 52 U.S.C. 20301(b);
79+24 (2) as provided in IC 3-7-26.3; or
80+25 (3) as provided in IC 3-7-26.7.
81+26 SECTION 5. IC 3-7-36-5, AS AMENDED BY P.L.66-2010,
82+27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
83+28 JULY 1, 2022]: Sec. 5. (a) This section does not apply to a voter who
84+29 files a combined absentee registration form and absentee ballot request.
85+30 (b) When a county voter registration office receives an application
86+31 for registration from an absent uniformed services voter or an overseas
87+32 voter, the office shall promptly mail or deliver to the applicant the
88+33 affidavit prescribed by this title for the registration of a voter. The
89+34 county voter registration office shall transmit the voter registration
90+35 application to the applicant by electronic mail or fax if:
91+36 (1) requested by the applicant; and
92+37 (2) the applicant provides an electronic mail address or a fax
93+38 number that permits the county voter registration office to send an
94+39 application not later than the end of the first business day after the
95+40 county voter registration office receives the communication from
96+41 the voter.
97+42 If the electronic mail address or the fax number provided by the voter
98+2022 IN 1173—LS 7011/DI 131 3
99+1 does not permit the county voter registration office to send the voter an
100+2 application not later than the end of the first business day after the
101+3 county voter registration office receives the communication, the county
102+4 voter registration office shall send the application to the voter by
103+5 United States mail.
104+6 (c) When the properly executed and certified affidavit is returned to
105+7 the voter registration office and approved under this article, the
106+8 applicant becomes a registered voter in the precinct of residence.
107+9 SECTION 6. IC 3-7-36-8, AS AMENDED BY P.L.66-2010,
108+10 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
109+11 JULY 1, 2022]: Sec. 8. (a) This section does not apply to a combined
110+12 absentee registration and request for an absentee ballot.
111+13 (b) When a circuit court clerk receives a request for an absentee
112+14 ballot application, the clerk shall promptly mail the absentee ballot
113+15 application (or transmit the application to the voter by electronic mail
114+16 or fax if requested by the voter).
115+17 SECTION 7. IC 3-7-36-9, AS AMENDED BY P.L.66-2010,
116+18 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
117+19 JULY 1, 2022]: Sec. 9. (a) If a voter registration application is
118+20 delivered to the circuit court clerk in a county where there is a board of
119+21 registration, the clerk shall promptly deliver to the board the
120+22 application requesting registration.
121+23 (b) If the application is a combined application for registration and
122+24 an application for an absentee ballot, the clerk shall record the name,
123+25 address, and other necessary information for the use of the county
124+26 election board or board of elections and registration in mailing an
125+27 application for an absentee ballot.
126+28 (c) The requested application for an absentee ballot shall be mailed
127+29 or transmitted to the applicant by electronic mail or fax if:
128+30 (1) requested by the applicant; and
129+31 (2) the applicant provides an electronic mail address or a fax
130+32 number that permits the board to send an application not later
131+33 than the end of the first business day after the board receives the
132+34 communication from the voter.
133+35 If the electronic mail address or fax number provided by the applicant
134+36 does not permit the board to send the application not later than the end
135+37 of the first business day after the board receives the communication,
136+38 the board shall send the application by United States mail.
137+39 (d) The clerk shall promptly deliver a combined application to the
138+40 board. The board shall promptly mail the registration application to the
139+41 applicant at the address appearing on the application submitted by the
140+42 applicant or transmit the application to the applicant by electronic mail
141+2022 IN 1173—LS 7011/DI 131 4
142+1 or fax if:
143+2 (1) requested by the applicant; and
144+3 (2) the applicant provides an electronic mail address or a fax
145+4 number that permits the board to send an application not later
146+5 than the end of the first business day after the board receives the
147+6 communication from the voter.
148+7 If the electronic mail address or fax number provided by the applicant
149+8 does not permit the board to send the application not later than the end
150+9 of the first business day after the board receives the communication,
151+10 the board shall send the application by United States mail.
152+11 SECTION 8. IC 3-9-5-7 IS AMENDED TO READ AS FOLLOWS
153+12 [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) A person may deliver reports
154+13 to the appropriate office as follows:
155+14 (1) By hand.
156+15 (2) By mail.
157+16 (3) By electronic mail, if the appropriate office has the capacity
158+17 to do all of the following:
159+18 (A) Receive electronic mail.
160+19 (B) Electronically record the date and time that electronic mail
161+20 is received by the office.
162+21 (C) Print out a hard copy of the report after the receipt of the
163+22 electronic mail by the office.
164+23 (b) Reports must be filed as follows:
165+24 (1) Hand delivered reports or reports transmitted by mail must be
166+25 filed with the appropriate office during regular office hours not
167+26 later than noon seven (7) days after the date of the report.
168+27 (2) Reports delivered by electronic mail must be filed with the
169+28 appropriate office not later than noon seven (7) days after the date
170+29 of the report.
171+30 (c) This subsection applies to a report delivered by electronic mail.
172+31 Filing of a report occurs under IC 3-5-2-24.5 on the date and at the time
173+32 electronically recorded by the office's computer system. If a
174+33 discrepancy exists between the text of the electronic mail and the
175+34 printed report, the text of the printed report prevails until an
176+35 amendment is filed under this article to correct the discrepancy.
177+36 (d) An office is not required to accept a report or statement required
178+37 under this article by facsimile transmission. Upon approval of a policy
179+38 by the commission or a county election board to receive reports or
180+39 statements by facsimile transmission, the election division or the
181+40 county election board may accept the facsimile transmission of a report
182+41 or statement.
183+42 SECTION 9. IC 3-9-5-20.1, AS AMENDED BY P.L.169-2015,
184+2022 IN 1173—LS 7011/DI 131 5
185+1 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
186+2 JULY 1, 2022]: Sec. 20.1. (a) This section:
187+3 (1) applies only to a large contribution that is received by a
188+4 candidate, the candidate's committee, or the treasurer of the
189+5 candidate's committee; and
190+6 (2) does not apply to a candidate for a state office, the candidate's
191+7 committee, or the treasurer of the candidate's committee.
192+8 (b) As used in this section, "election" refers to any of the following:
193+9 (1) A primary election.
194+10 (2) A general election.
195+11 (3) A municipal election.
196+12 (4) A special election.
197+13 (5) For candidates nominated at a state convention, the state
198+14 convention.
199+15 (c) As used in this section, "large contribution" means contributions:
200+16 (1) that total at least one thousand dollars ($1,000); and
201+17 (2) that are received:
202+18 (A) not more than twenty-five (25) days before an election;
203+19 and
204+20 (B) not less than forty-eight (48) hours before an election.
205+21 (d) The treasurer of a candidate's committee shall file a
206+22 supplemental large contribution report with the election division or a
207+23 county election board not later than forty-eight (48) hours after the
208+24 contribution is received. A candidate for a legislative office shall file
209+25 a report required by this section with the election division and the
210+26 county election board as required by section 3 of this chapter. A report
211+27 filed under this section may be filed by facsimile (fax) transmission.
212+28 (e) A report required by subsection (d) must contain the following
213+29 information for each large contribution:
214+30 (1) The name of the person making the contribution.
215+31 (2) The address of the person making the contribution.
216+32 (3) If the person making the contribution is an individual, the
217+33 individual's occupation.
218+34 (4) The total amount of the contribution.
219+35 (5) The dates and times the contributions making up the large
220+36 contribution were received by the treasurer, the candidate, or the
221+37 candidate's committee.
222+38 (f) The election division shall prescribe the form for the report
223+39 required by this section.
224+40 SECTION 10. IC 3-9-5-22, AS AMENDED BY P.L.169-2015,
225+41 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
226+42 JULY 1, 2022]: Sec. 22. (a) This section applies only to a large
227+2022 IN 1173—LS 7011/DI 131 6
228+1 contribution that is received by a candidate for a state office, the
229+2 candidate's committee, or the treasurer of the candidate's committee.
230+3 (b) As used in this section, "election" refers to any of the following:
231+4 (1) For a candidate nominated at a primary election, the primary
232+5 election.
233+6 (2) For a candidate nominated at a state convention, the state
234+7 convention.
235+8 (3) A general election.
236+9 (c) As used in this section, "large contribution" means either of the
237+10 following:
238+11 (1) Contributions:
239+12 (A) that total at least one thousand dollars ($1,000); and
240+13 (B) that are received:
241+14 (i) after the end of a reporting period and before the deadline
242+15 for the candidate's committee to file a report under section
243+16 6 of this chapter; and
244+17 (ii) not less than forty-eight (48) hours before an election.
245+18 (2) A single contribution that is at least ten thousand dollars
246+19 ($10,000) that is received at any time.
247+20 (d) The treasurer of a candidate's committee shall file a
248+21 supplemental large contribution report with the election division not
249+22 later than:
250+23 (1) forty-eight (48) hours after a contribution described by
251+24 subsection (c)(1) is received; or
252+25 (2) noon seven (7) days after a contribution described by
253+26 subsection (c)(2) is received.
254+27 (e) A report filed under this section may be filed by facsimile
255+28 transmission or as an electronic report when the requirements of
256+29 IC 3-9-4 or this chapter have been met. A report required by subsection
257+30 (d) must contain the following information for each large contribution:
258+31 (1) The name of the person making the contribution.
259+32 (2) The address of the person making the contribution.
260+33 (3) If the person making the contribution is an individual, the
261+34 individual's occupation.
262+35 (4) The total amount of the contribution.
263+36 (5) The dates and times the contributions making up the large
264+37 contribution described in subsection (c)(1) or a large contribution
265+38 described in subsection (c)(2) were received by the treasurer, the
266+39 candidate, or the candidate's committee.
267+40 (f) The election division shall prescribe the form for the report
268+41 required by this section.
269+42 SECTION 11. IC 3-11-4-0.5 IS AMENDED TO READ AS
270+2022 IN 1173—LS 7011/DI 131 7
271+1 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 0.5. For purposes of
272+2 this chapter, an absentee ballot application or an absentee ballot is
273+3 considered "sent" to a voter if the application or ballot is:
274+4 (1) sent by United States mail addressed to the voter;
275+5 (2) transmitted by fax to a number provided by the voter; or
276+6 (3) (2) personally given to the voter.
277+7 SECTION 12. IC 3-11-4-3, AS AMENDED BY P.L.109-2021,
278+8 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
279+9 JULY 1, 2022]: Sec. 3. (a) Except as provided in subsection (c) and
280+10 section 6 of this chapter, an application for an absentee ballot must be
281+11 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
282+12 or IC 3-6-5.6, the director of the board of elections and registration) not
283+13 earlier than the date the registration period resumes under IC 3-7-13-10
284+14 nor later than the following:
285+15 (1) Noon on election day if the voter registers to vote under
286+16 IC 3-7-36-14.
287+17 (2) Noon on the day before election day if the voter:
288+18 (A) completes the application in the office of the circuit court
289+19 clerk under IC 3-11-10-26; or
290+20 (B) is an absent uniformed services voter or overseas voter
291+21 who requests that the ballot be transmitted by electronic mail
292+22 or fax under section 6(h) of this chapter.
293+23 (3) Noon on the day before election day if:
294+24 (A) the application is a mailed, transmitted by electronic mail,
295+25 or fax, or hand delivered application from a confined voter or
296+26 voter caring for a confined person; and
297+27 (B) the applicant requests that the absentee ballots be
298+28 delivered to the applicant by an absentee voter board under
299+29 IC 3-11-10-25.
300+30 (4) 11:59 p.m. twelve (12) days before election day if the
301+31 application is:
302+32 (A) a mailed application;
303+33 (B) transmitted by electronic mail;
304+34 (C) transmitted by fax; or
305+35 (D) (C) hand delivered;
306+36 from other voters who request to vote by mail under
307+37 IC 3-11-10-24.
308+38 (b) An application for an absentee ballot received by the election
309+39 division by the time and date specified by subsection (a)(2)(B), (a)(3),
310+40 or (a)(4) is considered to have been timely received for purposes of
311+41 processing by the county. The election division shall immediately
312+42 transmit the application to the circuit court clerk, or the director of the
313+2022 IN 1173—LS 7011/DI 131 8
314+1 board of elections and registration, of the county where the applicant
315+2 resides. The election division is not required to complete or file the
316+3 affidavit required under section 2(h) of this chapter whenever the
317+4 election division transmits an application under this subsection.
318+5 (c) An application for an absentee ballot for the election may not be
319+6 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
320+7 or IC 3-6-5.6, the director of the board of elections and registration)
321+8 earlier than December 1 of the year before the election.
322+9 SECTION 13. IC 3-11-4-4, AS AMENDED BY P.L.170-2019,
323+10 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
324+11 JULY 1, 2022]: Sec. 4. (a) Applications may be made on application
325+12 forms approved by the election division by any of the following means:
326+13 (1) In person.
327+14 (2) By fax transmission.
328+15 (3) (2) By mail (including United States mail or bonded courier).
329+16 (4) (3) By electronic mail with a digital image of the application
330+17 and signature of the applicant.
331+18 (b) Application forms shall:
332+19 (1) be furnished to a central committee of the county at the
333+20 request of the central committee;
334+21 (2) be:
335+22 (A) mailed;
336+23 (B) transmitted by fax; or
337+24 (C) (B) transmitted by electronic mail with a digital image of
338+25 the application;
339+26 upon request, to a voter; and
340+27 (3) be delivered to a voter in person who applies at the circuit
341+28 court clerk's office.
342+29 (c) A county election board shall accept an application for an
343+30 absentee ballot transmitted by fax even though the application is
344+31 delivered to the county election board by a person other than the person
345+32 submitting the application.
346+33 (d) (c) When an application is received under subsection (a)(4),
347+34 (a)(3), the circuit court clerk's office (or, in a county for which a board
348+35 of elections and registration is established, the office of the board of
349+36 elections and registration) shall send an electronic mail receipt
350+37 acknowledging receipt of the voter's application.
351+38 SECTION 14. IC 3-11-4-5.7, AS AMENDED BY P.L.170-2019,
352+39 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
353+40 JULY 1, 2022]: Sec. 5.7. (a) As used in this section, "MOVE" refers to
354+41 the Military and Overseas Voter Empowerment Act (P.L. 111-84,
355+42 Division A, Title V, Subtitle H (Section 575 et seq.)).
356+2022 IN 1173—LS 7011/DI 131 9
357+1 (b) As used in this section, "voter" refers only to either of the
358+2 following:
359+3 (1) An absent uniformed services voter.
360+4 (2) An overseas voter.
361+5 (c) Except as expressly provided by law, the state delegates its
362+6 responsibilities to carry out the requirements of MOVE to each county
363+7 election board or board of elections and registration.
364+8 (d) To implement 52 U.S.C. 20302, electronic mail fax, and web
365+9 publication are designated as means of communication for a voter to
366+10 request a voter registration application and an absentee ballot
367+11 application from the election division, a county election board, or a
368+12 county voter registration office.
369+13 (e) An office described in subsection (d) that receives an electronic
370+14 mail or fax from a voter shall provide an absentee ballot application or
371+15 a voter registration application by electronic mail or fax to the voter if:
372+16 (1) requested by the voter; and
373+17 (2) the voter provides an electronic mail address or a fax number
374+18 that permits the office to send an application not later than the end
375+19 of the first business day after the office receives the
376+20 communication from the voter.
377+21 If the electronic mail address or the fax number provided by the voter
378+22 does not permit the office to send the voter an application not later than
379+23 the end of the first business day after the office receives the
380+24 communication, the office shall send the application to the voter by
381+25 United States mail.
382+26 (f) As required by 52 U.S.C. 20302, to the extent practicable and
383+27 permitted under Indiana law (including IC 3-7 and IC 5-14-3), an office
384+28 described in subsection (d) shall ensure that the procedures used to
385+29 transmit an absentee ballot application or a voter registration
386+30 application to an absent uniformed services voter or overseas voter
387+31 protect the security and integrity of the application request processes,
388+32 and that the privacy of the identity and other personal data of the voter
389+33 who requests or is sent an application under subsection (e) is protected
390+34 throughout the process of making the request or being sent the
391+35 application.
392+36 (g) As required under 52 U.S.C. 20302, an office described in
393+37 subsection (d) shall include information regarding the use of electronic
394+38 mail fax, and web publication with all informational and instructional
395+39 materials that are sent with an absentee ballot application or an
396+40 absentee ballot to an absent uniformed services voter or overseas voter.
397+41 (h) To implement Section 580 of MOVE, and in accordance with
398+42 IC 3-7-26.3-3, the secretary of state, with the approval of the election
399+2022 IN 1173—LS 7011/DI 131 10
400+1 division, shall develop a free access system that permits an absent
401+2 uniformed services voter or overseas voter to determine whether the
402+3 voter's absentee ballot has been received by the appropriate county
403+4 election board (or board of elections and registration), regardless of the
404+5 manner in which the absentee ballot was transmitted by the voter to the
405+6 board. To the extent permitted by IC 3-7 and IC 5-14-3, the system
406+7 must contain reasonable procedures to protect the security,
407+8 confidentiality, and integrity of personal information collected, stored,
408+9 or otherwise used on the system.
409+10 SECTION 15. IC 3-11-4-5.8, AS ADDED BY P.L.109-2021,
410+11 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
411+12 JULY 1, 2022]: Sec. 5.8. (a) A voter with print disabilities may use
412+13 electronic mail fax, or web publication to request:
413+14 (1) a voter registration application; and
414+15 (2) an absentee ballot application;
415+16 from the election division, a county election board, a county board of
416+17 elections and registration, or a county voter registration office.
417+18 (b) The election division, county election board, county board of
418+19 elections and registration, or county voter registration office that
419+20 receives an electronic mail or fax from a voter with print disabilities
420+21 requesting a voter registration application or absentee ballot application
421+22 by electronic mail or fax shall provide the requested application to the
422+23 voter by:
423+24 (1) electronic mail address or fax number if the electronic mail
424+25 address or fax number permits the office to send the application
425+26 not later than the end of the first business day after the office
426+27 receives the request from the voter; or
427+28 (2) United States Postal Service mail if the electronic mail address
428+29 or fax number provided by the voter to the office does not permit
429+30 the office to send the application in the time frame specified in
430+31 subdivision (1).
431+32 (c) The election division, county election board, county board of
432+33 elections and registration, or county voter registration office shall
433+34 ensure that the procedures used to receive a request for a voter
434+35 registration application or an absentee ballot application under this
435+36 section and transmission of the application to a voter with print
436+37 disabilities protect:
437+38 (1) the security and integrity of the application request processes;
438+39 and
439+40 (2) the voter's identity and other personal data.
440+41 (d) The election division, county election board, county board of
441+42 elections and registration, or county voter registration office shall
442+2022 IN 1173—LS 7011/DI 131 11
443+1 include information concerning the use of electronic mail fax, and web
444+2 publication with all informational and instructional materials that are
445+3 sent with a voter registration application or an absentee ballot
446+4 application to a voter with print disabilities.
447+5 (e) The secretary of state, with the approval of the election division,
448+6 shall develop a free access system that permits a voter with print
449+7 disabilities to determine whether the voter's absentee ballot has been
450+8 received by the appropriate county election board or board of elections
451+9 and registration, regardless of the manner in which the absentee ballot
452+10 was transmitted by the voter to the board. To the extent permitted by
453+11 IC 3-7 and IC 5-14-3, the system must contain reasonable procedures
454+12 to protect the security, confidentiality, and integrity of personal
455+13 information collected, stored, or otherwise used on the system.
456+14 (f) The secretary of state, with the approval of the election division,
457+15 shall develop a system that complies with the Web Content Guidelines.
458+16 SECTION 16. IC 3-11-4-6, AS AMENDED BY P.L.109-2021,
459+17 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
460+18 JULY 1, 2022]: Sec. 6. (a) This section applies, notwithstanding any
461+19 other provision of this title, to absentee ballot applications for the
177462 20 following:
178-21 (1) A statement of the full name, residence and mailing address,
179-22 and daytime and evening telephone numbers (if any) of the person
180-23 submitting the application.
181-24 (2) A statement that the person filing the affidavit has complied
182-25 with Indiana laws governing the submission of absentee ballot
183-26 applications.
184-27 (3) The date (or dates) that the absentee ballot applications
185-28 attached to the affidavit were received.
186-29 (4) A statement that the person has no knowledge or reason to
187-30 believe that the individual whose application is to be filed:
188-31 (A) is ineligible to vote or to cast an absentee ballot; or
189-32 (B) did not properly complete and sign the application.
190-33 (5) A statement that the person is executing the affidavit under the
191-34 penalties of perjury.
192-35 (6) A statement setting forth the penalties for perjury.
193-36 (i) (j) The county election board shall record the date and time of
194-37 the filing of the affidavit.
195-38 SECTION 3. IC 3-11-4-3, AS AMENDED BY P.L.109-2021,
196-39 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
197-40 JULY 1, 2022]: Sec. 3. (a) Except as provided in subsection (c) and
198-41 section 6 of this chapter, an application for an absentee ballot must be
199-42 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
200-HB 1173—LS 7011/DI 131 5
201-1 or IC 3-6-5.6, the director of the board of elections and registration) not
202-2 earlier than the date the registration period resumes under IC 3-7-13-10
203-3 nor later than the following:
204-4 (1) Noon on election day if the voter registers to vote under
205-5 IC 3-7-36-14.
206-6 (2) Noon on the day before election day if the voter:
207-7 (A) completes the application in the office of the circuit court
208-8 clerk under IC 3-11-10-26; or
209-9 (B) is an absent uniformed services voter or overseas voter
210-10 who requests that the ballot be transmitted by electronic mail
211-11 or fax under section 6(h) of this chapter.
212-12 (3) Noon on the day before election day if:
213-13 (A) the application is a mailed, transmitted by electronic mail,
214-14 or fax, or hand delivered application from a confined voter or
215-15 voter caring for a confined person; and
216-16 (B) the applicant requests that the absentee ballots be
217-17 delivered to the applicant by an absentee voter board under
218-18 IC 3-11-10-25.
219-19 (4) 11:59 p.m. twelve (12) days before election day if the
220-20 application is:
221-21 (A) a mailed application;
222-22 (B) transmitted by electronic mail;
223-23 (C) transmitted by fax; or
224-24 (D) hand delivered;
225-25 from other voters who request to vote by mail under
226-26 IC 3-11-10-24.
227-27 (b) An application for an absentee ballot received by the election
228-28 division by the time and date specified by subsection (a)(2)(B), (a)(3),
229-29 or (a)(4) is considered to have been timely received for purposes of
230-30 processing by the county. The election division shall immediately
231-31 transmit the application to the circuit court clerk, or the director of the
232-32 board of elections and registration, of the county where the applicant
233-33 resides. The election division is not required to complete or file the
234-34 affidavit required under section 2(h) 2(i) of this chapter whenever the
235-35 election division transmits an application under this subsection.
236-36 (c) An application for an absentee ballot for the election may not be
237-37 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
238-38 or IC 3-6-5.6, the director of the board of elections and registration)
239-39 earlier than December 1 of the year before the election.
240-40 SECTION 4. IC 3-11-4-5.1, AS AMENDED BY P.L.193-2021,
241-41 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
242-42 JULY 1, 2022]: Sec. 5.1. (a) The election division shall prescribe the
243-HB 1173—LS 7011/DI 131 6
244-1 form of an application for an absentee ballot.
245-2 (b) This subsection does not apply to the form for an absentee ballot
246-3 application to be submitted by an absent uniformed services voter or
247-4 overseas voter that contains a standardized oath for those voters. The
248-5 form of the application for an absentee ballot must do all of the
463+21 (1) An absent uniformed services voter.
464+22 (2) An address confidentiality program participant (as defined in
465+23 IC 5-26.5-1-6).
466+24 (3) An overseas voter.
467+25 (4) A voter with print disabilities.
468+26 (b) A county election board shall make blank absentee ballot
469+27 applications available for persons covered by this section. Except as
470+28 provided in section 3(c) of this chapter, a person may apply for an
471+29 absentee ballot at any time after the registration period resumes under
472+30 IC 3-7-13-10.
473+31 (c) A person covered by this section may apply for an absentee
474+32 ballot for the next scheduled primary, general, or special election by
475+33 filing either of the following:
476+34 (1) A combined absentee registration form and absentee ballot
477+35 request approved under 52 U.S.C. 20301(b)(2).
478+36 (2) A form prescribed under IC 3-5-4-8 that identifies the
479+37 applicant as an absent uniformed services voter, an overseas
480+38 voter, or a voter with print disabilities. A form prescribed under
481+39 this subdivision must permit the applicant to designate whether
482+40 the applicant wishes to receive the absentee ballot by electronic
483+41 mail fax, or United States mail.
484+42 (d) If the county election board receives an absentee ballot
485+2022 IN 1173—LS 7011/DI 131 12
486+1 application from a person described by subsection (c), the circuit court
487+2 clerk shall mail to the person, free of postage as provided by 39 U.S.C.
488+3 3406, all ballots for the election immediately upon receipt of the ballots
489+4 under section 15 of this chapter, unless the person has indicated under
490+5 subsection (c) that the person wishes to receive the absentee ballot by
491+6 electronic mail. or fax.
492+7 (e) Whenever a voter files an application for an absentee ballot and
493+8 indicates on the application that the voter is an absent uniformed
494+9 services voter, an overseas voter, or a voter with print disabilities, the
495+10 application is an adequate application for an absentee ballot for an
496+11 election conducted during the period that ends on December 31
497+12 following the date the application is filed, unless an absentee ballot
498+13 mailed to the voter at the address set forth in the application is returned
499+14 to the county election board during that period as undeliverable. The
500+15 circuit court clerk and county election board shall process this
501+16 application and send general election absentee ballots to the voter in
502+17 the same manner as other general election and special election absentee
503+18 ballot applications and ballots are processed and sent under this
504+19 chapter. If a voter entitled to receive an absentee ballot under this
505+20 subsection subsequently files a voter registration application for a
506+21 change of address within the same county or for a change of name or
507+22 other information set forth in the voter's registration record, the
508+23 previously approved absentee ballot application remains effective for
509+24 the same period, unless the acknowledgment notice sent to the voter at
510+25 that address is returned by the United States Postal Service due to an
511+26 unknown or insufficient address in accordance with IC 3-7-33-5. If a
512+27 voter entitled to receive an absentee ballot under this subsection
513+28 subsequently files a voter registration application for an address that is
514+29 not located in the same county, the voter must file a new absentee
515+30 ballot application under this section with the appropriate county
516+31 election board.
517+32 (f) Whenever a voter described in subsection (a)(2) files an
518+33 application for a primary election absentee ballot and indicates on the
519+34 application that the voter is an address confidentiality program
520+35 participant, the application is an adequate application for a general
521+36 election absentee ballot under this chapter and an absentee ballot for a
522+37 special election conducted during the period that ends on December 31
523+38 following the date the application is filed. The circuit court clerk and
524+39 county election board shall process this application and send general
525+40 election and special election absentee ballots to the voter in the same
526+41 manner as other general election and special election absentee ballot
527+42 applications and ballots are processed and sent under this chapter.
528+2022 IN 1173—LS 7011/DI 131 13
529+1 (g) The name, address, telephone number, and any other identifying
530+2 information relating to a program participant (as defined in
531+3 IC 5-26.5-1-6) in the address confidentiality program, as contained in
532+4 a voting registration record, is declared confidential for purposes of
533+5 IC 5-14-3-4(a)(1). The county voter registration office may not disclose
534+6 for public inspection or copying a name, an address, a telephone
535+7 number, or any other information described in this subsection, as
536+8 contained in a voting registration record, except as follows:
537+9 (1) To a law enforcement agency, upon request.
538+10 (2) As directed by a court order.
539+11 (h) The county election board shall by fax or electronic mail
540+12 transmit an absentee ballot to and receive an absentee ballot from an
541+13 absent uniformed services voter, an overseas voter, or a voter with print
542+14 disabilities by electronic mail or fax at the request of the voter
543+15 indicated in the application filed under this section. If the voter wants
544+16 to submit absentee ballots by fax or electronic mail, the voter must
545+17 separately sign and date a statement submitted with the electronic mail
546+18 or the fax transmission that states substantively the following: "I
547+19 understand that by faxing or e-mailing my voted ballot I am voluntarily
548+20 waiving my right to a secret ballot.".
549+21 (i) The county election board shall send confirmation to a voter
550+22 described in subsection (h) that the voter's absentee ballot has been
551+23 received as follows:
552+24 (1) If the voter provides a fax number to which a confirmation
553+25 may be sent, the county election board shall send the confirmation
554+26 to the voter at the fax number provided by the voter.
555+27 (2) (1) If the voter provides an electronic mail address to which
556+28 a confirmation may be sent, the county election board shall send
557+29 the confirmation to the voter at the electronic mail address
558+30 provided by the voter.
559+31 (3) (2) If:
560+32 (A) the voter does not provide a fax number or an electronic
561+33 mail address; or
562+34 (B) the number or address provided does not permit the board
563+35 to send the confirmation not later than the end of the first
564+36 business day after the board receives the voter's absentee
565+37 ballot;
566+38 the county election board shall send the confirmation by United
567+39 States mail.
568+40 The county election board shall send the confirmation required by this
569+41 subsection not later than the end of the first business day after the
570+42 county election board receives the voter's absentee ballot.
571+2022 IN 1173—LS 7011/DI 131 14
572+1 (j) Upon approval of the voter's absentee ballot application, a county
573+2 election board shall transmit an absentee ballot to an absent uniformed
574+3 services voter or an overseas voter by electronic mail under a program
575+4 authorized and administered by the Federal Voting Assistance Program
576+5 of the United States Department of Defense or directly to the voter at
577+6 the voter's electronic mail address, if requested to do so by the voter. A
578+7 voter described by this section may transmit the voted absentee ballot
579+8 to a county election board by electronic mail. If a voter described in
580+9 this section transmits the voted absentee ballot through the United
581+10 States Department of Defense program, the ballot must be transmitted
582+11 in accordance with the procedures established under that program. An
583+12 electronic mail message transmitting a voted absentee ballot under this
584+13 subsection must include a digital image of the voter's signature on the
585+14 statement required under subsection (h).
586+15 (k) The secretary of state, with the approval of the election division,
587+16 shall develop a system that complies with the Web Content Guidelines.
588+17 SECTION 17. IC 3-11-4-12.5, AS AMENDED BY P.L.128-2015,
589+18 SECTION 160, IS AMENDED TO READ AS FOLLOWS
590+19 [EFFECTIVE JULY 1, 2022]: Sec. 12.5. (a) This section applies to an
591+20 absent uniformed services voter or overseas voter.
592+21 (b) If a voter makes a timely application for and does not receive an
593+22 absentee ballot from a county election board, the voter may use a
594+23 federal write-in absentee ballot in the form prescribed by the Federal
595+24 Voting Assistance Program of the United States Department of Defense
596+25 and in accordance with the requirements set forth in 52 U.S.C. 20303
597+26 to cast a vote by mail or electronic mail or fax for any of the following:
598+27 (1) Any candidate for nomination at a primary election.
599+28 (2) Any candidate, political party, or public question on a general
600+29 election, municipal election, or special election ballot.
601+30 (c) The voluntary waiver of confidentiality under section 6(h) of this
602+31 chapter is not required for a federal write-in absentee ballot.
603+32 (d) When a county election board receives a federal write-in
604+33 absentee ballot, the board shall process the ballot as prescribed by
605+34 IC 3-11-10-1(b).
606+35 SECTION 18. IC 3-11-4-17, AS AMENDED BY P.L.13-2013,
607+36 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
608+37 JULY 1, 2022]: Sec. 17. Upon receipt of an application for an absentee
609+38 ballot, a circuit court clerk shall file the application in the clerk's office
610+39 and record all of the following in the statewide voter registration list
611+40 maintained under IC 3-7-26.3:
612+41 (1) The voter's name.
613+42 (2) The date the application is received.
614+2022 IN 1173—LS 7011/DI 131 15
615+1 (3) The information provided by the voter under section 5.1(d) of
616+2 this chapter.
617+3 (4) The date the ballot is sent to the voter.
618+4 (5) If mailed, the address to which the ballot is sent.
619+5 (6) If transmitted by fax, the fax number to which the ballot is
620+6 faxed.
621+7 (7) (6) The date the ballot is marked before the clerk or otherwise
622+8 received from the voter.
623+9 (8) (7) The combined total number of absentee ballots sent by the
624+10 county to absent uniformed services voters and overseas voters.
625+11 (9) (8) The total number of absentee ballots returned by voters
626+12 described in subdivision (8) (7) in time to be counted.
627+13 (10) (9) The total number of absentee ballots described in
628+14 subdivision (8) that were counted in whole or in part.
629+15 (11) (10) Any other information that is necessary or advisable.
630+16 SECTION 19. IC 3-11-8-25.2, AS AMENDED BY P.L.193-2021,
631+17 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
632+18 JULY 1, 2022]: Sec. 25.2. (a) The poll clerk or assistant poll clerk shall
633+19 examine the list provided under IC 3-7-29-1 to determine if the county
634+20 election board has indicated that the voter is required to provide
635+21 additional personal identification under 52 U.S.C. 21083 and
636+22 IC 3-7-33-4.5 before voting in person. If the list indicates that the voter
637+23 is required to present this identification before voting in person, the
638+24 poll clerk shall advise the voter that the voter must present, in addition
639+25 to the proof of identification required by section 25.1(a) of this chapter,
640+26 a piece of identification described in subsection (b) to the poll clerk.
641+27 (b) As required by 52 U.S.C. 21083, and in addition to the proof of
642+28 identification required by section 25.1(a) of this chapter, a voter
643+29 described by IC 3-7-33-4.5 who has not complied with IC 3-7-33-4.5
644+30 before appearing at the polls on election day must present one (1) of the
645+31 following documents to the poll clerk:
646+32 (1) A current and valid photo identification.
647+33 (2) A current utility bill.
648+34 (3) A current bank statement.
649+35 (4) A current government check.
650+36 (5) A current paycheck.
651+37 (6) A current government document.
652+38 The document presented by the voter must show the name and
653+39 residence address of the voter.
654+40 (c) If a voter presents a document under subsection (b), the poll
655+41 clerk shall add a notation to the list indicating the type of document
656+42 presented by the voter. The election division shall prescribe a
657+2022 IN 1173—LS 7011/DI 131 16
658+1 standardized coding system to classify documents presented under this
659+2 subsection for entry into the county voter registration system.
660+3 (d) If a voter required to present documentation under subsection (b)
661+4 is unable to present the documentation to the poll clerk while present
662+5 in the polls, the poll clerk shall notify the precinct election board. The
663+6 board shall provide a provisional ballot to the voter under IC 3-11.7-2.
664+7 (e) The precinct election board shall advise the voter, both orally
665+8 and in writing, that the voter may file a copy of the documentation with
666+9 the county voter registration office to permit the provisional ballot to
667+10 be counted under IC 3-11.7. The election division shall prescribe the
668+11 form of the explanation required by this subsection.
669+12 (f) The circuit court clerk shall provide the notice required by
670+13 IC 3-11.7-6-4 to a voter who casts a provisional ballot under this
671+14 section.
672+15 SECTION 20. IC 3-11-10-1, AS AMENDED BY P.L.157-2019,
673+16 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
674+17 JULY 1, 2022]: Sec. 1. (a) A voter voting by absentee ballot shall make
675+18 and subscribe to the affidavit prescribed by IC 3-11-4-21. The voter
676+19 then shall, except as provided in subsection (b), do the following:
677+20 (1) Mark the ballot in the presence of no other person.
678+21 (2) Fold each ballot separately.
679+22 (3) Fold each ballot so as to conceal the marking.
680+23 (4) Enclose each ballot, with the seal and signature of the circuit
681+24 court clerk on the outside, together with any unused ballot, in the
682+25 envelope provided.
683+26 (5) Securely seal the envelope.
684+27 (6) Do one (1) of the following:
685+28 (A) Deliver the envelope to the county election board, with not
686+29 more than one (1) ballot per envelope, by United States mail
687+30 or by a bonded courier company.
688+31 (B) Deliver the envelope to the county election board in
689+32 person.
690+33 (C) Deliver the envelope to a member of the voter's household
691+34 or a person designated as the attorney in fact for the voter
692+35 under IC 30-5 for delivery to the county election board:
693+36 (i) in person;
694+37 (ii) by United States mail; or
695+38 (iii) by a bonded courier company.
696+39 (b) A voter permitted to transmit the voter's absentee ballots by fax
697+40 or electronic mail under IC 3-11-4-6 is not required to comply with
698+41 subsection (a). The individual designated by the circuit court clerk to
699+42 receive absentee ballots transmitted by fax or electronic mail shall do
700+2022 IN 1173—LS 7011/DI 131 17
701+1 the following upon receipt of an absentee ballot transmitted by fax:
702+2 (1) Note the receipt of the absentee ballot in the records of the
703+3 circuit court clerk as other absentee ballots received by the circuit
704+4 court clerk are noted.
705+5 (2) Fold each ballot received from the voter separately so as to
706+6 conceal the marking.
707+7 (3) Enclose each ballot in a blank absentee ballot envelope.
708+8 (4) Securely seal the envelope.
709+9 (5) Mark on the envelope: "Absentee Ballot Received by Fax or
710+10 Electronic Mail".
711+11 (6) Securely attach to the envelope the faxed affidavit received
712+12 with the voter's absentee ballots.
713+13 (c) Except as otherwise provided in this title, absentee ballots
714+14 received by fax or electronic mail shall be handled and processed as
715+15 other absentee ballots received by the circuit court clerk are handled
716+16 and processed.
717+17 SECTION 21. IC 3-11-10-26, AS AMENDED BY P.L.193-2021,
718+18 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
719+19 JULY 1, 2022]: Sec. 26. (a) This subsection applies to all counties,
720+20 except for a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an
721+21 alternative to voting by mail, a voter is entitled to cast an absentee
722+22 ballot before an absentee voter board at any of the following:
723+23 (1) One (1) location of the office of the circuit court clerk
724+24 designated by the circuit court clerk.
725+25 (2) A satellite office established under section 26.3 of this
726+26 chapter.
727+27 (b) This subsection applies to a county to which IC 3-6-5.2 or
728+28 IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is
729+29 entitled to cast an absentee ballot before an absentee voter board at any
730+30 of the following:
731+31 (1) The office of the board of elections and registration.
732+32 (2) A satellite office established under section 26.3 of this
733+33 chapter.
734+34 (c) Except for a location designated under subsection (a)(1), a
735+35 location of the office of the circuit court clerk must be established as
736+36 a satellite office under section 26.3 of this chapter in order to be used
737+37 as a location at which a voter is entitled to cast an absentee ballot
738+38 before an absentee voter board under this section.
739+39 (d) The voter must do the following before being permitted to vote:
740+40 (1) This subdivision does not apply to a county that uses
741+41 electronic poll books for voting under this section. Sign an
742+42 application on the form prescribed by the election division under
743+2022 IN 1173—LS 7011/DI 131 18
744+1 IC 3-11-4-5.1. The application must be received by the circuit
745+2 court clerk not later than the time prescribed by IC 3-11-4-3.
746+3 (2) This subdivision applies only to a county that uses electronic
747+4 poll books for voting under this section and in which the ballot is
748+5 cast on an electronic voting system. The voter must do the
249749 6 following:
250-7 (1) Require the applicant to swear to or affirm under the penalties
251-8 of perjury that all of the information set forth on the application
252-9 is true to the best of the applicant's knowledge and belief.
253-10 (2) Require a person who assisted with the completion of the
254-11 application to swear to or affirm under the penalties of perjury the
255-12 statements set forth in section 2(f) 2(g) of this chapter.
256-13 (3) Serve as a verified statement for a voter to indicate a change
257-14 of name under IC 3-7-41. The form must require the applicant to
258-15 indicate the applicant's previous name.
259-16 (4) Set forth the penalties for perjury.
260-17 (c) The form prescribed by the election division shall require that a
261-18 voter who:
262-19 (1) requests an absentee ballot; and
263-20 (2) is eligible to vote in the precinct under IC 3-10-11 or
264-21 IC 3-10-12;
265-22 must include the affidavit required by IC 3-10-11 or a written
266-23 affirmation described in IC 3-10-12.
267-24 (d) The election division shall approve absentee ballot application
268-25 forms that comply with this subsection and section 2(g) 2(h) of this
269-26 chapter and permit the applicant to indicate a change of name under
270-27 subsection (b). The form prescribed by the election division must
271-28 request that a voter who requests an absentee ballot:
272-29 (1) provide the last four (4) digits of the voter's Social Security
273-30 number; or
274-31 (2) state that the voter does not have a Social Security number.
275-32 The form must indicate that the voter's compliance with this request is
276-33 optional.
277-34 (e) An application form submitted by a voter must comply with
278-35 subsection (d).
279-36 (f) The form prescribed by the election division must include a
280-37 statement that permits an applicant to indicate whether:
281-38 (1) the applicant has been certified and is currently a participant
282-39 in the address confidentiality program under IC 5-26.5-2; and
283-40 (2) the applicant's legal address is the address set forth in the
284-41 applicant's voter registration.
285-42 If the applicant confirms these statements, the applicant may indicate
286-HB 1173—LS 7011/DI 131 7
287-1 the address of the office of the attorney general as the address to which
288-2 the absentee ballot is to be mailed.
289-3 (g) This subsection applies to an application to receive an absentee
290-4 ballot:
291-5 (1) by mail under IC 3-11-10-24; or
292-6 (2) in the form of an application to vote before an absentee voter
293-7 board under IC 3-11-10-25 at the voter's place of confinement or
294-8 the residence of the voter.
295-9 If the voter wishes to submit an application under this section in an
296-10 electronic format using a module of the statewide voter registration
297-11 system, the voter must include a telephone number at which the voter
298-12 can be reached to submit the application.
299-13 (h) The application form for an absentee ballot must enable the
300-14 applicant to provide the applicant's electronic mail address. However,
301-15 an applicant's failure to provide an electronic mail address is not a
302-16 reason for denial of the absentee ballot application.
303-17 SECTION 5. IC 3-11-8-25.2, AS AMENDED BY P.L.193-2021,
304-18 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
305-19 JULY 1, 2022]: Sec. 25.2. (a) The poll clerk or assistant poll clerk shall
306-20 examine the list provided under IC 3-7-29-1 to determine if the county
307-21 election board has indicated that the voter is required to provide
308-22 additional personal identification under 52 U.S.C. 21083 and
309-23 IC 3-7-33-4.5 before voting in person. If the list indicates that the voter
310-24 is required to present this identification before voting in person, the
311-25 poll clerk shall advise the voter that the voter must present, in addition
312-26 to the proof of identification required by section 25.1(a) of this chapter,
313-27 a piece of identification described in subsection (b) to the poll clerk.
314-28 (b) As required by 52 U.S.C. 21083, and in addition to the proof of
315-29 identification required by section 25.1(a) of this chapter, a voter
316-30 described by IC 3-7-33-4.5 who has not complied with IC 3-7-33-4.5
317-31 before appearing at the polls on election day must present one (1) of the
318-32 following documents to the poll clerk:
319-33 (1) A current and valid photo identification.
320-34 (2) A current utility bill.
321-35 (3) A current bank statement.
322-36 (4) A current government check.
323-37 (5) A current paycheck.
324-38 (6) A current government document.
325-39 The document presented by the voter must show the name and
326-40 residence address of the voter.
327-41 (c) If a voter presents a document under subsection (b), the poll
328-42 clerk shall add a notation to the list indicating the type of document
329-HB 1173—LS 7011/DI 131 8
330-1 presented by the voter. The election division shall prescribe a
331-2 standardized coding system to classify documents presented under this
332-3 subsection for entry into the county voter registration system.
333-4 (d) If a voter required to present documentation under subsection (b)
334-5 is unable to present the documentation to the poll clerk while present
335-6 in the polls, the poll clerk shall notify the precinct election board. The
336-7 board shall provide a provisional ballot to the voter under IC 3-11.7-2.
337-8 (e) The precinct election board shall advise the voter, both orally
338-9 and in writing, that the voter may file a copy of the documentation with
339-10 the county voter registration office to permit the provisional ballot to
340-11 be counted under IC 3-11.7. The election division shall prescribe the
341-12 form of the explanation required by this subsection.
342-13 (f) The circuit court clerk shall provide the notice required by
343-14 IC 3-11.7-6-4 to a voter who casts a provisional ballot under this
344-15 section.
345-16 SECTION 6. IC 3-11-10-24, AS AMENDED BY P.L.109-2021,
346-17 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
347-18 JULY 1, 2022]: Sec. 24. (a) Except as provided in subsection (b), a
348-19 voter who satisfies any of the following is entitled to vote by mail:
349-20 (1) The voter has a specific, reasonable expectation of being
350-21 absent from the county during the period of time a voter may
351-22 vote by absentee ballot before the board (as described in
352-23 section 26 of this chapter) and on election day during the entire
353-24 twelve (12) hours that the polls are open.
354-25 (2) The voter will be absent from the precinct of the voter's
355-26 residence during the period of time a voter may vote by
356-27 absentee ballot before the board (as described in section 26 of
357-28 this chapter) and on election day, because of service as:
358-29 (A) a precinct election officer under IC 3-6-6;
359-30 (B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
360-31 (C) a challenger or pollbook holder under IC 3-6-7; or
361-32 (D) a person employed by an election board to administer the
362-33 election for which the absentee ballot is requested.
363-34 (3) The voter will be confined during the period of time a voter
364-35 may vote by absentee ballot before the board (as described in
365-36 section 26 of this chapter) and on election day during the
366-37 entire twelve (12) hours that the polls are open to the voter's
367-38 residence, to a health care facility, or to a hospital because of an
368-39 illness or injury. during the entire twelve (12) hours that the polls
369-40 are open.
370-41 (4) The voter is a voter with disabilities.
371-42 (5) The voter is an elderly voter.
372-HB 1173—LS 7011/DI 131 9
373-1 (6) The voter is prevented from voting due to the voter's care of
374-2 an individual confined to a private residence because of illness or
375-3 injury during the period of time a voter may vote by absentee
376-4 ballot before the board (as described in section 26 of this
377-5 chapter) and during the entire twelve (12) hours that the polls are
378-6 open.
379-7 (7) The voter is scheduled to work at the person's regular place of
380-8 employment during the period of time a voter may vote by
381-9 absentee ballot before the board (as described in section 26 of
382-10 this chapter) and during the entire twelve (12) hours that the
383-11 polls are open.
384-12 (8) The voter is eligible to vote under IC 3-10-11 or IC 3-10-12.
385-13 (9) The voter is prevented from voting due to observance of a
386-14 religious discipline or religious holiday during the period of
387-15 time a voter may vote by absentee ballot before the board (as
388-16 described in section 26 of this chapter) and during the entire
389-17 twelve (12) hours that the polls are open.
390-18 (10) The voter is an address confidentiality program participant
391-19 (as defined in IC 5-26.5-1-6).
392-20 (11) The voter is a member of the Indiana National Guard
393-21 deployed or on assignment inside Indiana or a public safety
394-22 officer.
395-23 (12) The voter is a serious sex offender (as defined in
396-24 IC 35-42-4-14(a)).
397-25 (13) The voter is prevented from voting due to the unavailability
398-26 of transportation to the polls.
399-27 (b) An absent uniformed services voter or overseas voter is entitled
400-28 to vote by mail using the combined absentee registration form and
401-29 absentee ballot request approved under 52 U.S.C. 20301(b)(2).
402-30 (c) A county shall mail an absentee ballot to a voter under this
403-31 section by nonforwardable United States Postal Service mail.
404-32 (d) Except as provided in subsection (l), a voter with disabilities
405-33 who:
406-34 (1) is unable to make a voting mark on the ballot or sign the
407-35 absentee ballot secrecy envelope; and
408-36 (2) requests that the absentee ballot be delivered to an address
409-37 within Indiana;
410-38 must vote before an absentee voter board under section 25(b) of this
411-39 chapter.
412-40 (e) If a voter receives an absentee ballot by mail, the voter shall
413-41 personally mark the ballot in secret and seal the marked ballot inside
414-42 the envelope provided by the county election board for that purpose.
415-HB 1173—LS 7011/DI 131 10
416-1 The voter shall:
417-2 (1) deposit the sealed envelope in the United States mail for
418-3 delivery to the county election board; or
419-4 (2) authorize a member of the voter's household, family listed in
420-5 IC 3-6-6-7(a)(4), or the individual designated as the voter's
421-6 attorney in fact to:
422-7 (A) deposit the sealed envelope in the United States mail; or
423-8 (B) deliver the sealed envelope in person to the county
424-9 election board at:
425-10 (i) the office of the circuit court clerk or the office of the
426-11 board of elections and registration under section 26 of this
427-12 chapter;
428-13 (ii) a satellite office of the circuit court clerk designated
429-14 under section 26.3 of this chapter; or
430-15 (iii) a satellite office of a vote center under IC 3-11-18.1-11.
431-16 A voter who delivers the sealed envelope under this clause
432-17 may request a replacement absentee ballot under IC 3-11.5-4-2
433-18 and cast a replacement absentee ballot at an office or vote
434-19 center described in items (i) through (iii).
435-20 (f) A county election board shall reject an absentee ballot deposited
436-21 in a drop box or other container or location that is not under the
437-22 physical control and supervision of the county election board when the
438-23 ballot is deposited.
439-24 (g) If a drop box or other container is located in a building under the
440-25 control of a political subdivision in which a document may be
441-26 deposited for other purposes related to the office of the circuit court
442-27 clerk or an office of any other political subdivision, the political
443-28 subdivision in control of the drop box or container shall post a notice
444-29 on or in a prominent location adjacent to the drop box or container
445-30 saying substantially as follows: "Do not deposit a voted absentee ballot
446-31 into this box or container. The absentee ballot will not be counted.".
447-32 (h) If an absentee ballot is deposited into a box or container in
448-33 violation of subsection (f) or (g), the county election board shall mark
449-34 the absentee ballot security envelope as rejected and, if possible,
450-35 promptly notify the individual whose name appears on the security
451-36 envelope containing the absentee ballot.
452-37 (i) If a member of the voter's household, family listed in
453-38 IC 3-6-6-7(a)(4), or the voter's attorney in fact delivers the sealed
454-39 envelope containing a voter's absentee ballot to the county election
455-40 board, the individual delivering the ballot shall complete an affidavit
456-41 in a form prescribed by the election division. The affidavit must
457-42 contain the following information:
458-HB 1173—LS 7011/DI 131 11
459-1 (1) The name and residence address of the voter whose absentee
460-2 ballot is being delivered.
461-3 (2) A statement of the full name, residence and mailing address,
462-4 and daytime and evening telephone numbers (if any) of the
463-5 individual delivering the absentee ballot.
464-6 (3) A statement indicating whether the individual delivering the
465-7 absentee ballot is a member of the voter's household, family listed
466-8 in IC 3-6-6-7(a)(4), or is the attorney in fact for the voter. If the
467-9 individual is the attorney in fact for the voter, the individual must
468-10 attach a copy of the power of attorney for the voter, unless a copy
469-11 of this document has already been filed with the county election
470-12 board.
471-13 (4) The date and location at which the absentee ballot was
472-14 delivered by the voter to the individual delivering the ballot to the
473-15 county election board.
474-16 (5) A statement that the individual delivering the absentee ballot
475-17 has complied with Indiana laws governing absentee ballots.
476-18 (6) A statement that the individual delivering the absentee ballot
477-19 is executing the affidavit under the penalties of perjury.
478-20 (7) A statement setting forth the penalties for perjury.
479-21 (j) The county election board shall record the date and time that the
480-22 affidavit under subsection (i) was filed with the board.
481-23 (k) After a voter has mailed or delivered an absentee ballot to the
482-24 office of the county election board, the voter may not recast a ballot,
483-25 except as provided in IC 3-11-4-17.7, IC 3-11.5-4-2, and
484-26 IC 3-11.5-4-21.
485-27 (l) A voter with print disabilities may vote by using the system
486-28 developed by the secretary of state under IC 3-11-4-6(k).
487-29 SECTION 7. IC 3-11-10-26, AS AMENDED BY P.L.193-2021,
488-30 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
489-31 JULY 1, 2022]: Sec. 26. (a) This subsection applies to all counties,
490-32 except for a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an
491-33 alternative to voting by mail, a voter is entitled to cast an absentee
492-34 ballot before an absentee voter board at any of the following:
493-35 (1) One (1) location of the office of the circuit court clerk
494-36 designated by the circuit court clerk.
495-37 (2) A satellite office established under section 26.3 of this
496-38 chapter.
497-39 (b) This subsection applies to a county to which IC 3-6-5.2 or
498-40 IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is
499-41 entitled to cast an absentee ballot before an absentee voter board at any
500-42 of the following:
501-HB 1173—LS 7011/DI 131 12
502-1 (1) The office of the board of elections and registration.
503-2 (2) A satellite office established under section 26.3 of this
504-3 chapter.
505-4 (c) Except for a location designated under subsection (a)(1), a
506-5 location of the office of the circuit court clerk must be established as
507-6 a satellite office under section 26.3 of this chapter in order to be used
508-7 as a location at which a voter is entitled to cast an absentee ballot
509-8 before an absentee voter board under this section.
510-9 (d) The voter must do the following before being permitted to vote:
511-10 (1) This subdivision does not apply to a county that uses
512-11 electronic poll books for voting under this section. Sign an
513-12 application on the form prescribed by the election division under
514-13 IC 3-11-4-5.1. The application must be received by the circuit
515-14 court clerk not later than the time prescribed by IC 3-11-4-3.
516-15 (2) This subdivision applies only to a county that uses electronic
517-16 poll books for voting under this section and in which the ballot is
518-17 cast on an electronic voting system. The voter must do the
519-18 following:
520-19 (A) If the county election board has prescribed an affidavit
521-20 under subsection (e) that includes a unique identifier to
522-21 comply with section 26.2(c)(3) of this chapter, make and
523-22 subscribe to the affidavit.
524-23 (B) Sign the electronic poll book.
525-24 (C) Provide proof of identification.
526-25 (3) This subdivision applies only to a county that uses electronic
527-26 poll books for voting under this section and in which the ballot is
528-27 cast on an optical scan voting system. The voter must do the
529-28 following:
530-29 (A) Sign the electronic poll book.
531-30 (B) Provide proof of identification.
532-31 (C) Sign the affidavit prescribed by section 29 of this chapter.
533-32 (e) The county election board may:
534-33 (1) prescribe an affidavit that includes a unique identifier; or
535-34 (2) establish a procedure to produce a document, label, or
536-35 electronic record that is associated with each voter and includes
537-36 a unique identifier;
538-37 to comply with section 26.2(c)(3) of this chapter. After the county
539-38 election board approves an affidavit or procedure described in this
540-39 subsection and before the affidavit or procedure is used in an election,
541-40 the county election board shall file a copy of the affidavit or a brief
542-41 description of the procedure with the election division to assist the state
543-42 recount commission in conducting proceedings under IC 3-12-11.
544-HB 1173—LS 7011/DI 131 13
545-1 (f) The voter may vote before the board not more than twenty-eight
546-2 (28) days nor later than noon on the day before election day. If the
547-3 close of a voter registration period is transferred under IC 3-5-4-1.5
548-4 from twenty-nine (29) days to a later date due to the Columbus Day
549-5 holiday, the voter may vote before the board on the first day following
550-6 the day on which the voter registration period closes.
551-7 (g) An absent uniformed services voter who is eligible to vote by
552-8 absentee ballot in the circuit court clerk's office under IC 3-7-36-14
553-9 may vote before the board not earlier than twenty-eight (28) days
554-10 before the election and not later than noon on election day. If the close
555-11 of a voter registration period is transferred under IC 3-5-4-1.5 from
556-12 twenty-nine (29) days to a later date due to the Columbus Day holiday,
557-13 the voter may vote before the board on the first day following the day
558-14 on which the voter registration period closes. If a voter described by
559-15 this subsection wishes to cast an absentee ballot during the period
560-16 beginning at noon on the day before election day and ending at noon on
561-17 election day, the county election board or absentee voter board may
562-18 receive and process the ballot at a location designated by resolution of
563-19 the county election board.
564-20 (h) The absentee voter board in the office of the circuit court clerk
565-21 must permit voters to cast absentee ballots under this section for at
566-22 least seven (7) hours on each of the two (2) Saturdays preceding
567-23 election day. However, the county election board may adopt a
568-24 resolution authorizing the circuit court clerk to:
569-25 (1) use the office of the circuit court clerk designated in
570-26 subsection (a)(1); or
571-27 (2) establish a satellite office under section 26.3 of this chapter;
572-28 to permit voters to cast absentee ballots under this section for at least
573-29 four (4) hours on the third Saturday preceding election day.
574-30 (i) Notwithstanding subsection (h), in a county with a population of
575-31 less than twenty thousand (20,000), the absentee voter board in the
576-32 office of the circuit court clerk, with the approval of the county election
577-33 board, may reduce the number of hours available to cast absentee
578-34 ballots under this section to a minimum of four (4) hours on each of the
579-35 two (2) Saturdays preceding election day.
580-36 (j) As provided by 52 U.S.C. 21081, a voter casting an absentee
581-37 ballot under this section must be:
582-38 (1) permitted to verify in a private and independent manner the
583-39 votes selected by the voter before the ballot is cast and counted;
584-40 (2) provided with the opportunity to change the ballot or correct
585-41 any error in a private and independent manner before the ballot is
586-42 cast and counted, including the opportunity to receive a
587-HB 1173—LS 7011/DI 131 14
588-1 replacement ballot if the voter is otherwise unable to change or
589-2 correct the ballot; and
590-3 (3) notified before the ballot is cast regarding the effect of casting
591-4 multiple votes for the office and provided an opportunity to
592-5 correct the ballot before the ballot is cast and counted.
593-6 (k) As provided by 52 U.S.C. 21081, when an absentee ballot is
594-7 provided under this section, the board must also provide the voter with:
595-8 (1) information concerning the effect of casting multiple votes for
596-9 an office; and
597-10 (2) instructions on how to correct the ballot before the ballot is
598-11 cast and counted, including the issuance of replacement ballots.
599-12 (l) If:
600-13 (1) the voter is unable or declines to present the proof of
601-14 identification; or
602-15 (2) a member of the board determines that the proof of
603-16 identification provided by the voter does not qualify as proof of
604-17 identification under IC 3-5-2-40.5;
605-18 the voter shall be permitted to cast a provisional ballot.
606-19 (m) This subsection applies to a voter who casts an absentee ballot
607-20 that is treated as a provisional ballot under subsection (l). The board
608-21 shall provide the voter, both orally and in writing, an explanation of
609-22 what actions, if any, the voter must take in order to have the voter's
610-23 ballot counted. The election division shall prescribe the form of the
611-24 explanation required by this subsection. The circuit court clerk shall
612-25 also provide the notice required by IC 3-11.7-6-4 to the voter.
613-26 (n) A voter casting an absentee ballot under this section is entitled
614-27 to cast the voter's ballot in accordance with IC 3-11-9.
615-28 (o) In a primary election, a voter casting an absentee ballot under
616-29 this chapter may not change the voter's choice of the voter's political
617-30 party after the voter has been mailed or otherwise provided with a
618-31 primary ballot containing the candidates of that party.
619-32 SECTION 8. IC 3-11-10-26.1 IS ADDED TO THE INDIANA
620-33 CODE AS A NEW SECTION TO READ AS FOLLOWS
621-34 [EFFECTIVE JULY 1, 2022]: Sec. 26.1. Voting before an absentee
622-35 voter board under section 26 of this chapter shall be referred to as
623-36 "early voting" on all forms prescribed by the election division and
624-37 in all communications with voters.
625-38 SECTION 9. IC 3-11.7-2-2, AS AMENDED BY P.L.193-2021,
626-39 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
627-40 JULY 1, 2022]: Sec. 2. (a) A provisional voter shall do the following:
628-41 (1) Execute the affidavit described in IC 3-10-1-9 or
629-42 IC 3-11-8-23.
630-HB 1173—LS 7011/DI 131 15
631-1 (2) Sign the poll list.
632-2 (3) Mark the ballot in the presence of no other person, unless the
633-3 voter requests help in marking a ballot under IC 3-11-9.
634-4 (4) Fold each ballot separately.
635-5 (5) Fold each ballot so as to conceal the marking.
636-6 (6) Enclose each ballot, with the seal and signature of the circuit
637-7 court clerk on the outside, together with any unused ballot, in the
638-8 envelope provided by the county election board under
639-9 IC 3-11.7-1-8.
640-10 (7) Securely seal the envelope.
641-11 (b) A provisional voter may mark a ballot with a pen or a lead
642-12 pencil.
643-13 (c) This subsection applies to a provisional voter described in
644-14 section 1(a)(1), 1(a)(2), or 1(a)(3) of this chapter. As provided by 52
645-15 U.S.C. 21082, a precinct election officer shall give the provisional
646-16 voter a copy of the written instructions prescribed by the county
647-17 election board under IC 3-11.7-6-3 after the voter returns the envelope
648-18 containing the provisional voter's ballots.
649-19 (d) This subsection applies to a provisional voter described in
650-20 section 1(a) or 1(b) of this chapter. In addition to the written
651-21 instructions required by subsection (c), a precinct election officer shall
652-22 provide the provisional voter, both orally and in writing, an explanation
653-23 of what actions, if any, the provisional voter must take in order to have
654-24 the provisional voter's ballot counted. The election division shall
655-25 prescribe the form of the explanation required by this subsection. The
656-26 circuit court clerk shall also provide the notice required by
657-27 IC 3-11.7-6-4 to the provisional voter.
658-28 SECTION 10. IC 3-11.7-6-4 IS REPEALED [EFFECTIVE JULY
659-29 1, 2022]. Sec. 4. (a) Not later than three (3) calendar days after election
660-30 day, the circuit court clerk shall provide a notice containing the
661-31 following information to each voter who casts a provisional ballot:
662-32 (1) The reason or reasons that the voter's ballot is being treated as
663-33 a provisional ballot.
664-34 (2) A description of what actions, if any, the provisional voter
665-35 must take in order to have the provisional voter's ballot counted
666-36 under this article.
667-37 (3) The deadlines by which the provisional voter is required to
668-38 take any actions described in subdivision (2) in order to have the
669-39 provisional voter's ballot counted under this article.
670-40 (4) The following information that will enable the provisional
671-41 voter to inquire about the provisional voter's ballot:
672-42 (A) The name of the office that the provisional voter may
673-HB 1173—LS 7011/DI 131 16
674-1 contact.
675-2 (B) The address of the office described in clause (A).
676-3 (C) The telephone number at the office described in clause (A)
677-4 that the voter may use to contact the office about the voter's
678-5 provisional ballot.
679-6 (D) Any other information the circuit court clerk considers
680-7 useful to provide assistance to the provisional voter in
681-8 inquiring about the provisional ballot.
682-9 (b) The notice required by subsection (a) must be:
683-10 (1) sent by first class United States mail; or
684-11 (2) given by another method the circuit court clerk determines
685-12 will provide actual notice to the voter.
686-13 (c) The notice required by subsection (a) must be in a form
687-14 prescribed by the election division.
688-15 SECTION 11. IC 3-12-13-3, AS ADDED BY P.L.34-2019,
689-16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
690-17 JULY 1, 2022]: Sec. 3. As used in this chapter, "risk-limiting
691-18 "post-election audit" means an audit protocol that makes use of
692-19 statistical methods and is designed to limit to acceptable levels the risk
693-20 of certifying a preliminary election outcome that constitutes an
694-21 incorrect outcome.
695-22 SECTION 12. IC 3-12-13-4, AS ADDED BY P.L.34-2019,
696-23 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
697-24 JULY 1, 2022]: Sec. 4. (a) The secretary of state may designate
698-25 counties as risk-limiting post-election audit pilot counties.
699-26 (b) For a county to be designated as a risk-limiting post-election
700-27 audit pilot county, the county election board must adopt a resolution
701-28 requesting the secretary of state to designate the county as a
702-29 risk-limiting post-election audit pilot county.
703-30 (c) In designating a county as a risk-limiting post-election audit
704-31 pilot county, the secretary of state shall seek to designate a variety of
705-32 counties as pilot post-election audit counties based on the number of
706-33 active voters within the county.
707-34 (d) A county designated as a risk-limiting post-election audit pilot
708-35 county shall conduct risk-limiting post-election audits as provided in
709-36 this chapter.
710-37 SECTION 13. IC 3-12-13-5, AS AMENDED BY P.L.135-2020,
711-38 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
712-39 JULY 1, 2022]: Sec. 5. (a) The secretary of state shall determine the
713-40 number of elections that are subject to a risk-limiting post-election
714-41 audit.
715-42 (b) All contested elections for an elected office and all public
716-HB 1173—LS 7011/DI 131 17
717-1 questions are eligible for designation under subsection (a) for a
718-2 risk-limiting post-election audit.
719-3 SECTION 14. IC 3-12-13-6, AS AMENDED BY P.L.193-2021,
720-4 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
721-5 JULY 1, 2022]: Sec. 6. (a) The secretary of state may waive the
722-6 requirement of section 5 of this chapter, after a written request by a
723-7 county election board.
724-8 (b) The secretary of state may waive the requirement of section 5 of
725-9 this chapter only if the county election board shows that the technology
726-10 in use by the county will not enable the county election board to satisfy
727-11 the requirements for a risk-limiting post-election audit for an election.
728-12 SECTION 15. IC 3-12-13-7, AS AMENDED BY P.L.135-2020,
729-13 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
730-14 JULY 1, 2022]: Sec. 7. (a) The secretary of state shall issue orders to
731-15 implement and administer the requirements of this chapter.
732-16 (b) In issuing an order under subsection (a), the secretary of state
733-17 shall:
734-18 (1) consult with recognized statistical experts, equipment vendors,
735-19 the election division, and county election officials; and
736-20 (2) consider best practices for conducting risk-limiting
737-21 post-election audits.
738-HB 1173—LS 7011/DI 131 18
739-COMMITTEE REPORT
740-Mr. Speaker: Your Committee on Elections and Apportionment, to
741-which was referred House Bill 1173, has had the same under
742-consideration and begs leave to report the same back to the House with
743-the recommendation that said bill be amended as follows:
744-Page 1, delete lines 1 through 17, begin a new paragraph and insert:
745-"SECTION 1. IC 3-5-4-12, AS AMENDED BY P.L.193-2021,
746-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
747-JULY 1, 2022]: Sec. 12. (a) This section applies only if the costs to
748-a county to enter into an agreement required by this section can be
749-paid from money:
750-(1) received from the federal government and permitted to be
751-spent for this purpose; or
752-(2) appropriated by the general assembly for this purpose.
753-(a) (b) Each county shall enter into an agreement with the secretary
754-of state to use a threat intelligence and enterprise security company
755-designated by the secretary of state to provide hardware, software, and
756-services to:
757-(1) investigate cybersecurity attacks;
758-(2) protect against malicious software; and
759-(3) analyze information technology security risks.
760-(b) (c) The agreement to provide services to a county under this
761-section:
762-(1) has no effect on any threat intelligence and enterprise security
763-service provided to the county by any other agreement with a
764-provider or by any county employee or contractor; and
765-(2) must be designed to complement any existing service
766-agreement or service used by the county;
767-when the county enters into the agreement.
768-(d) This section expires January 1, 2023. 2028.".
769-Delete pages 2 through 6.
770-Page 7, delete lines 1 through 6, begin a new paragraph and insert:
771-"SECTION 2. IC 3-11-4-2, AS AMENDED BY P.L.278-2019,
772-SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
773-JULY 1, 2022]: Sec. 2. (a) A voter who wants to vote by absentee
774-ballot must apply to the county election board for an official absentee
775-ballot. Except as provided in subsection (b), the voter must sign the
776-absentee ballot application.
777-(b) If a voter with disabilities is unable to sign the absentee ballot
778-application and the voter has not designated an individual to serve as
779-attorney in fact for the voter, the voter may designate an individual
780-HB 1173—LS 7011/DI 131 19
781-eligible to assist the voter under IC 3-11-9-2(a) to sign the application
782-on behalf of the voter and add the individual's name to the application.
783-If an individual applies for an absentee ballot as the properly
784-authorized attorney in fact for a voter, the attorney in fact must attach
785-a copy of the power of attorney to the application and comply with
786-subsection (d).
787-(c) A person may provide an individual with an application for an
788-absentee ballot with the following information already printed or
789-otherwise set forth on the application when provided to the individual:
790-(1) The name of the individual.
791-(2) The voter registration address of the individual.
792-(3) The mailing address of the individual.
793-(4) The date of birth of the individual.
794-(d) A person may not provide an individual with an application for
795-an absentee ballot with the following information already printed or
796-otherwise set forth on the application when provided to the individual:
797-(1) The address to which the absentee ballot would be mailed, if
798-different from the voter registration address of the individual.
799-(2) In a primary election, the major political party ballot requested
800-by the individual.
801-(3) In a primary or general election, the types of absentee ballots
802-requested by the individual.
803-(4) The reason why the individual is entitled to vote an absentee
804-ballot:
805-(A) by mail; or
806-(B) before an absentee voter board (other than an absentee
807-voter board located in the office of the circuit court clerk or a
808-satellite office);
809-in accordance with IC 3-11-4-18, IC 3-11-10-24, or
810-IC 3-11-10-25.
811-(5) The voter identification number of the individual.
812-(e) If the county election board determines that an absentee ballot
813-application does not comply with subsection (d), the board shall deny
814-the application under section 17.5 of this chapter.
815-(f) This subsection applies only to an absentee ballot application
816-submitted in an electronic format using a module of the
817-computerized list under IC 3-7-26.3. In order for an individual to
818-access the absentee ballot application, the individual shall provide
819-either of the following:
820-(1) The individual's ten (10) digit Indiana driver's license
821-number.
822-(2) The last four (4) digits of the individual's Social Security
823-HB 1173—LS 7011/DI 131 20
824-number.
825-(f) (g) A person who assists an individual in completing any
826-information described in subsection (d) on an absentee ballot
827-application shall state under the penalties for perjury the following
828-information on the application:
829-(1) The full name, residence and mailing address, and daytime
830-and evening telephone numbers (if any) of the person providing
831-the assistance.
832-(2) The date this assistance was provided.
833-(3) That the person providing the assistance has complied with
834-Indiana laws governing the submission of absentee ballot
835-applications.
836-(4) That the person has no knowledge or reason to believe that the
837-individual submitting the application:
838-(A) is ineligible to vote or to cast an absentee ballot; or
839-(B) did not properly complete and sign the application.
840-When providing assistance to an individual, the person must, in the
841-individual's presence and with the individual's consent, provide the
842-information listed in subsection (d) if the individual is unable to do so.
843-(g) (h) This subsection does not apply to an employee of the United
844-States Postal Service or a bonded courier company acting in the
845-individual's capacity as an employee of the United States Postal Service
846-or a bonded courier company. A person who receives a completed
847-absentee ballot application from the individual who has applied for the
848-absentee ballot shall indicate on the application the date the person
849-received the application, and file the application with the appropriate
850-county election board or election division not later than:
851-(1) noon ten (10) days after the person receives the application;
852-or
853-(2) the deadline set by Indiana law for filing the application with
854-the board;
855-whichever occurs first. The election division, a county election board,
856-or a board of elections and registration shall forward an absentee ballot
857-application to the county election board or board of elections and
858-registration of the county where the individual resides.
859-(h) (i) This subsection does not apply to an employee of the United
860-States Postal Service or a bonded courier company acting in the
861-individual's capacity as an employee of the United States Postal Service
862-or a bonded courier company, or to the election division, a county
863-election board, or a board of elections and registration. A person filing
864-an absentee ballot application, other than the person's own absentee
865-ballot application, must include an affidavit with the application. The
866-HB 1173—LS 7011/DI 131 21
867-affidavit must be signed by the individual who received the completed
868-application from the applicant. The affidavit must be in a form
869-prescribed by the election division. The form must include the
870-following:
871-(1) A statement of the full name, residence and mailing address,
872-and daytime and evening telephone numbers (if any) of the person
873-submitting the application.
874-(2) A statement that the person filing the affidavit has complied
875-with Indiana laws governing the submission of absentee ballot
876-applications.
877-(3) The date (or dates) that the absentee ballot applications
878-attached to the affidavit were received.
879-(4) A statement that the person has no knowledge or reason to
880-believe that the individual whose application is to be filed:
881-(A) is ineligible to vote or to cast an absentee ballot; or
882-(B) did not properly complete and sign the application.
883-(5) A statement that the person is executing the affidavit under the
884-penalties of perjury.
885-(6) A statement setting forth the penalties for perjury.
886-(i) (j) The county election board shall record the date and time of
887-the filing of the affidavit.".
888-Page 7, line 22, reset in roman "or fax".
889-Page 7, line 25, reset in roman "or fax,".
890-Page 7, line 34, reset in roman "(C) transmitted by fax;".
891-Page 7, line 35, reset in roman "(D)".
892-Page 7, line 35, delete "C".
893-Page 8, line 3, strike "2(h)" and insert "2(i)".
894-Page 8, delete lines 9 through 42, begin a new paragraph and insert:
895-"SECTION 4. IC 3-11-4-5.1, AS AMENDED BY P.L.193-2021,
896-SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
897-JULY 1, 2022]: Sec. 5.1. (a) The election division shall prescribe the
898-form of an application for an absentee ballot.
899-(b) This subsection does not apply to the form for an absentee ballot
900-application to be submitted by an absent uniformed services voter or
901-overseas voter that contains a standardized oath for those voters. The
902-form of the application for an absentee ballot must do all of the
903-following:
904-(1) Require the applicant to swear to or affirm under the penalties
905-of perjury that all of the information set forth on the application
906-is true to the best of the applicant's knowledge and belief.
907-(2) Require a person who assisted with the completion of the
908-application to swear to or affirm under the penalties of perjury the
909-HB 1173—LS 7011/DI 131 22
910-statements set forth in section 2(f) 2(g) of this chapter.
911-(3) Serve as a verified statement for a voter to indicate a change
912-of name under IC 3-7-41. The form must require the applicant to
913-indicate the applicant's previous name.
914-(4) Set forth the penalties for perjury.
915-(c) The form prescribed by the election division shall require that a
916-voter who:
917-(1) requests an absentee ballot; and
918-(2) is eligible to vote in the precinct under IC 3-10-11 or
919-IC 3-10-12;
920-must include the affidavit required by IC 3-10-11 or a written
921-affirmation described in IC 3-10-12.
922-(d) The election division shall approve absentee ballot application
923-forms that comply with this subsection and section 2(g) 2(h) of this
924-chapter and permit the applicant to indicate a change of name under
925-subsection (b). The form prescribed by the election division must
926-request that a voter who requests an absentee ballot:
927-(1) provide the last four (4) digits of the voter's Social Security
928-number; or
929-(2) state that the voter does not have a Social Security number.
930-The form must indicate that the voter's compliance with this request is
931-optional.
932-(e) An application form submitted by a voter must comply with
933-subsection (d).
934-(f) The form prescribed by the election division must include a
935-statement that permits an applicant to indicate whether:
936-(1) the applicant has been certified and is currently a participant
937-in the address confidentiality program under IC 5-26.5-2; and
938-(2) the applicant's legal address is the address set forth in the
939-applicant's voter registration.
940-If the applicant confirms these statements, the applicant may indicate
941-the address of the office of the attorney general as the address to which
942-the absentee ballot is to be mailed.
943-(g) This subsection applies to an application to receive an absentee
944-ballot:
945-(1) by mail under IC 3-11-10-24; or
946-(2) in the form of an application to vote before an absentee voter
947-board under IC 3-11-10-25 at the voter's place of confinement or
948-the residence of the voter.
949-If the voter wishes to submit an application under this section in an
950-electronic format using a module of the statewide voter registration
951-system, the voter must include a telephone number at which the voter
952-HB 1173—LS 7011/DI 131 23
953-can be reached to submit the application.
954-(h) The application form for an absentee ballot must enable the
955-applicant to provide the applicant's electronic mail address. However,
956-an applicant's failure to provide an electronic mail address is not a
957-reason for denial of the absentee ballot application.".
958-Delete pages 9 through 14.
959-Page 15, delete lines 1 through 15.
960-Page 16, delete lines 15 through 42.
961-Page 17, delete lines 1 through 16, begin a new paragraph and
962-insert:
963-"SECTION 5. IC 3-11-10-24, AS AMENDED BY P.L.109-2021,
964-SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
965-JULY 1, 2022]: Sec. 24. (a) Except as provided in subsection (b), a
966-voter who satisfies any of the following is entitled to vote by mail:
967-(1) The voter has a specific, reasonable expectation of being
968-absent from the county during the period of time a voter may
969-vote by absentee ballot before the board (as described in
970-section 26 of this chapter) and on election day during the entire
971-twelve (12) hours that the polls are open.
972-(2) The voter will be absent from the precinct of the voter's
973-residence during the period of time a voter may vote by
974-absentee ballot before the board (as described in section 26 of
975-this chapter) and on election day, because of service as:
976-(A) a precinct election officer under IC 3-6-6;
977-(B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
978-(C) a challenger or pollbook holder under IC 3-6-7; or
979-(D) a person employed by an election board to administer the
980-election for which the absentee ballot is requested.
981-(3) The voter will be confined during the period of time a voter
982-may vote by absentee ballot before the board (as described in
983-section 26 of this chapter) and on election day during the
984-entire twelve (12) hours that the polls are open to the voter's
985-residence, to a health care facility, or to a hospital because of an
986-illness or injury. during the entire twelve (12) hours that the polls
987-are open.
988-(4) The voter is a voter with disabilities.
989-(5) The voter is an elderly voter.
990-(6) The voter is prevented from voting due to the voter's care of
991-an individual confined to a private residence because of illness or
992-injury during the period of time a voter may vote by absentee
993-ballot before the board (as described in section 26 of this
994-chapter) and during the entire twelve (12) hours that the polls are
995-HB 1173—LS 7011/DI 131 24
996-open.
997-(7) The voter is scheduled to work at the person's regular place of
998-employment during the period of time a voter may vote by
999-absentee ballot before the board (as described in section 26 of
1000-this chapter) and during the entire twelve (12) hours that the
1001-polls are open.
1002-(8) The voter is eligible to vote under IC 3-10-11 or IC 3-10-12.
1003-(9) The voter is prevented from voting due to observance of a
1004-religious discipline or religious holiday during the period of
1005-time a voter may vote by absentee ballot before the board (as
1006-described in section 26 of this chapter) and during the entire
1007-twelve (12) hours that the polls are open.
1008-(10) The voter is an address confidentiality program participant
1009-(as defined in IC 5-26.5-1-6).
1010-(11) The voter is a member of the Indiana National Guard
1011-deployed or on assignment inside Indiana or a public safety
1012-officer.
1013-(12) The voter is a serious sex offender (as defined in
1014-IC 35-42-4-14(a)).
1015-(13) The voter is prevented from voting due to the unavailability
1016-of transportation to the polls.
1017-(b) An absent uniformed services voter or overseas voter is entitled
1018-to vote by mail using the combined absentee registration form and
1019-absentee ballot request approved under 52 U.S.C. 20301(b)(2).
1020-(c) A county shall mail an absentee ballot to a voter under this
1021-section by nonforwardable United States Postal Service mail.
1022-(d) Except as provided in subsection (l), a voter with disabilities
1023-who:
1024-(1) is unable to make a voting mark on the ballot or sign the
1025-absentee ballot secrecy envelope; and
1026-(2) requests that the absentee ballot be delivered to an address
1027-within Indiana;
1028-must vote before an absentee voter board under section 25(b) of this
1029-chapter.
1030-(e) If a voter receives an absentee ballot by mail, the voter shall
1031-personally mark the ballot in secret and seal the marked ballot inside
1032-the envelope provided by the county election board for that purpose.
1033-The voter shall:
1034-(1) deposit the sealed envelope in the United States mail for
1035-delivery to the county election board; or
1036-(2) authorize a member of the voter's household, family listed in
1037-IC 3-6-6-7(a)(4), or the individual designated as the voter's
1038-HB 1173—LS 7011/DI 131 25
1039-attorney in fact to:
1040-(A) deposit the sealed envelope in the United States mail; or
1041-(B) deliver the sealed envelope in person to the county
1042-election board at:
1043-(i) the office of the circuit court clerk or the office of the
1044-board of elections and registration under section 26 of this
1045-chapter;
1046-(ii) a satellite office of the circuit court clerk designated
1047-under section 26.3 of this chapter; or
1048-(iii) a satellite office of a vote center under IC 3-11-18.1-11.
1049-A voter who delivers the sealed envelope under this clause
1050-may request a replacement absentee ballot under IC 3-11.5-4-2
1051-and cast a replacement absentee ballot at an office or vote
1052-center described in items (i) through (iii).
1053-(f) A county election board shall reject an absentee ballot deposited
1054-in a drop box or other container or location that is not under the
1055-physical control and supervision of the county election board when the
1056-ballot is deposited.
1057-(g) If a drop box or other container is located in a building under the
1058-control of a political subdivision in which a document may be
1059-deposited for other purposes related to the office of the circuit court
1060-clerk or an office of any other political subdivision, the political
1061-subdivision in control of the drop box or container shall post a notice
1062-on or in a prominent location adjacent to the drop box or container
1063-saying substantially as follows: "Do not deposit a voted absentee ballot
1064-into this box or container. The absentee ballot will not be counted.".
1065-(h) If an absentee ballot is deposited into a box or container in
1066-violation of subsection (f) or (g), the county election board shall mark
1067-the absentee ballot security envelope as rejected and, if possible,
1068-promptly notify the individual whose name appears on the security
1069-envelope containing the absentee ballot.
1070-(i) If a member of the voter's household, family listed in
1071-IC 3-6-6-7(a)(4), or the voter's attorney in fact delivers the sealed
1072-envelope containing a voter's absentee ballot to the county election
1073-board, the individual delivering the ballot shall complete an affidavit
1074-in a form prescribed by the election division. The affidavit must
1075-contain the following information:
1076-(1) The name and residence address of the voter whose absentee
1077-ballot is being delivered.
1078-(2) A statement of the full name, residence and mailing address,
1079-and daytime and evening telephone numbers (if any) of the
1080-individual delivering the absentee ballot.
1081-HB 1173—LS 7011/DI 131 26
1082-(3) A statement indicating whether the individual delivering the
1083-absentee ballot is a member of the voter's household, family listed
1084-in IC 3-6-6-7(a)(4), or is the attorney in fact for the voter. If the
1085-individual is the attorney in fact for the voter, the individual must
1086-attach a copy of the power of attorney for the voter, unless a copy
1087-of this document has already been filed with the county election
1088-board.
1089-(4) The date and location at which the absentee ballot was
1090-delivered by the voter to the individual delivering the ballot to the
1091-county election board.
1092-(5) A statement that the individual delivering the absentee ballot
1093-has complied with Indiana laws governing absentee ballots.
1094-(6) A statement that the individual delivering the absentee ballot
1095-is executing the affidavit under the penalties of perjury.
1096-(7) A statement setting forth the penalties for perjury.
1097-(j) The county election board shall record the date and time that the
1098-affidavit under subsection (i) was filed with the board.
1099-(k) After a voter has mailed or delivered an absentee ballot to the
1100-office of the county election board, the voter may not recast a ballot,
1101-except as provided in IC 3-11-4-17.7, IC 3-11.5-4-2, and
1102-IC 3-11.5-4-21.
1103-(l) A voter with print disabilities may vote by using the system
1104-developed by the secretary of state under IC 3-11-4-6(k).".
1105-Page 20, delete lines 20 through 42, begin a new paragraph and
1106-insert:
1107-"SECTION 7. IC 3-11-10-26.1 IS ADDED TO THE INDIANA
1108-CODE AS A NEW SECTION TO READ AS FOLLOWS
1109-[EFFECTIVE JULY 1, 2022]: Sec. 26.1. Voting before an absentee
1110-voter board under section 26 of this chapter shall be referred to as
1111-"early voting" on all forms prescribed by the election division and
1112-in all communications with voters.".
1113-Delete pages 21 through 28.
1114-Page 29, delete lines 1 through 31.
1115-Page 31, delete lines 9 through 42.
1116-Page 32, delete lines 1 through 9.
1117-Renumber all SECTIONS consecutively.
1118-and when so amended that said bill do pass.
1119-(Reference is to HB 1173 as introduced.)
1120-WESCO
1121-HB 1173—LS 7011/DI 131 27
1122-Committee Vote: yeas 9, nays 4.
1123-HB 1173—LS 7011/DI 131
750+7 (A) If the county election board has prescribed an affidavit
751+8 under subsection (e) that includes a unique identifier to
752+9 comply with section 26.2(c)(3) of this chapter, make and
753+10 subscribe to the affidavit.
754+11 (B) Sign the electronic poll book.
755+12 (C) Provide proof of identification.
756+13 (3) This subdivision applies only to a county that uses electronic
757+14 poll books for voting under this section and in which the ballot is
758+15 cast on an optical scan voting system. The voter must do the
759+16 following:
760+17 (A) Sign the electronic poll book.
761+18 (B) Provide proof of identification.
762+19 (C) Sign the affidavit prescribed by section 29 of this chapter.
763+20 (e) The county election board may:
764+21 (1) prescribe an affidavit that includes a unique identifier; or
765+22 (2) establish a procedure to produce a document, label, or
766+23 electronic record that is associated with each voter and includes
767+24 a unique identifier;
768+25 to comply with section 26.2(c)(3) of this chapter. After the county
769+26 election board approves an affidavit or procedure described in this
770+27 subsection and before the affidavit or procedure is used in an election,
771+28 the county election board shall file a copy of the affidavit or a brief
772+29 description of the procedure with the election division to assist the state
773+30 recount commission in conducting proceedings under IC 3-12-11.
774+31 (f) The voter may vote before the board not more than twenty-eight
775+32 (28) days nor later than noon on the day before election day. If the
776+33 close of a voter registration period is transferred under IC 3-5-4-1.5
777+34 from twenty-nine (29) days to a later date due to the Columbus Day
778+35 holiday, the voter may vote before the board on the first day following
779+36 the day on which the voter registration period closes.
780+37 (g) An absent uniformed services voter who is eligible to vote by
781+38 absentee ballot in the circuit court clerk's office under IC 3-7-36-14
782+39 may vote before the board not earlier than twenty-eight (28) days
783+40 before the election and not later than noon on election day. If the close
784+41 of a voter registration period is transferred under IC 3-5-4-1.5 from
785+42 twenty-nine (29) days to a later date due to the Columbus Day holiday,
786+2022 IN 1173—LS 7011/DI 131 19
787+1 the voter may vote before the board on the first day following the day
788+2 on which the voter registration period closes. If a voter described by
789+3 this subsection wishes to cast an absentee ballot during the period
790+4 beginning at noon on the day before election day and ending at noon on
791+5 election day, the county election board or absentee voter board may
792+6 receive and process the ballot at a location designated by resolution of
793+7 the county election board.
794+8 (h) The absentee voter board in the office of the circuit court clerk
795+9 must permit voters to cast absentee ballots under this section for at
796+10 least seven (7) hours on each of the two (2) Saturdays preceding
797+11 election day. However, the county election board may adopt a
798+12 resolution authorizing the circuit court clerk to:
799+13 (1) use the office of the circuit court clerk designated in
800+14 subsection (a)(1); or
801+15 (2) establish a satellite office under section 26.3 of this chapter;
802+16 to permit voters to cast absentee ballots under this section for at least
803+17 four (4) hours on the third Saturday preceding election day.
804+18 (i) Notwithstanding subsection (h), in a county with a population of
805+19 less than twenty thousand (20,000), the absentee voter board in the
806+20 office of the circuit court clerk, with the approval of the county election
807+21 board, may reduce the number of hours available to cast absentee
808+22 ballots under this section to a minimum of four (4) hours on each of the
809+23 two (2) Saturdays preceding election day.
810+24 (j) As provided by 52 U.S.C. 21081, a voter casting an absentee
811+25 ballot under this section must be:
812+26 (1) permitted to verify in a private and independent manner the
813+27 votes selected by the voter before the ballot is cast and counted;
814+28 (2) provided with the opportunity to change the ballot or correct
815+29 any error in a private and independent manner before the ballot is
816+30 cast and counted, including the opportunity to receive a
817+31 replacement ballot if the voter is otherwise unable to change or
818+32 correct the ballot; and
819+33 (3) notified before the ballot is cast regarding the effect of casting
820+34 multiple votes for the office and provided an opportunity to
821+35 correct the ballot before the ballot is cast and counted.
822+36 (k) As provided by 52 U.S.C. 21081, when an absentee ballot is
823+37 provided under this section, the board must also provide the voter with:
824+38 (1) information concerning the effect of casting multiple votes for
825+39 an office; and
826+40 (2) instructions on how to correct the ballot before the ballot is
827+41 cast and counted, including the issuance of replacement ballots.
828+42 (l) If:
829+2022 IN 1173—LS 7011/DI 131 20
830+1 (1) the voter is unable or declines to present the proof of
831+2 identification; or
832+3 (2) a member of the board determines that the proof of
833+4 identification provided by the voter does not qualify as proof of
834+5 identification under IC 3-5-2-40.5;
835+6 the voter shall be permitted to cast a provisional ballot.
836+7 (m) This subsection applies to a voter who casts an absentee ballot
837+8 that is treated as a provisional ballot under subsection (l). The board
838+9 shall provide the voter, both orally and in writing, an explanation of
839+10 what actions, if any, the voter must take in order to have the voter's
840+11 ballot counted. The election division shall prescribe the form of the
841+12 explanation required by this subsection. The circuit court clerk shall
842+13 also provide the notice required by IC 3-11.7-6-4 to the voter.
843+14 (n) A voter casting an absentee ballot under this section is entitled
844+15 to cast the voter's ballot in accordance with IC 3-11-9.
845+16 (o) In a primary election, a voter casting an absentee ballot under
846+17 this chapter may not change the voter's choice of the voter's political
847+18 party after the voter has been mailed or otherwise provided with a
848+19 primary ballot containing the candidates of that party.
849+20 SECTION 22. IC 3-11.5-2-5 IS AMENDED TO READ AS
850+21 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. An absentee ballot
851+22 application or an absentee ballot is considered "sent" to a voter if the
852+23 application or ballot is:
853+24 (1) sent by United States mail addressed to the voter;
854+25 (2) transmitted by fax to a number provided by the voter; or
855+26 (3) (2) personally given to the voter.
856+27 SECTION 23. IC 3-11.5-4-10, AS AMENDED BY P.L.109-2021,
857+28 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
858+29 JULY 1, 2022]: Sec. 10. (a) This subsection applies to a county that:
859+30 (1) uses a paper list of voters provided under IC 3-7-29-2;
860+31 (2) has not adopted an order to use an electronic poll book under
861+32 IC 3-7-29-6(a)(1); and
862+33 (3) is not a vote center county under IC 3-11-18.1.
863+34 Subject to IC 3-10-8-7.5, IC 3-12-1-17, and section 7 of this chapter,
864+35 absentee ballots received by mail (or by fax or electronic mail under
865+36 IC 3-11-4-6) after 6 p.m. on election day are considered as arriving too
866+37 late and may not be counted.
867+38 (b) This subsection applies to a county described in subsection (a).
868+39 An absentee ballot that is returned to the county election board between
869+40 noon and 6 p.m. on election day may not be reviewed or counted under
870+41 this article until all of the following have occurred:
871+42 (1) The polls in each precinct have closed.
872+2022 IN 1173—LS 7011/DI 131 21
873+1 (2) The poll list for the precinct with an absentee ballot that has
874+2 not been counted has been returned to the county election board.
875+3 (3) The county election board confirms whether the voter cast a
876+4 ballot at the polls on election day.
877+5 (c) This subsection applies to a county that:
878+6 (1) has adopted an order to use an electronic poll book under
879+7 IC 3-7-29-6(a)(1); or
880+8 (2) is a vote center county under IC 3-11-18.1.
881+9 Subject to IC 3-10-8-7.5 and IC 3-12-1-17, absentee ballots received
882+10 by mail or by fax or electronic mail under IC 3-11-4 after 6 p.m. on
883+11 election day are considered as arriving too late and may not be counted.
884+12 SECTION 24. IC 3-11.5-4-13, AS AMENDED BY P.L.109-2021,
885+13 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
886+14 JULY 1, 2022]: Sec. 13. (a) If the absentee ballot counters find under
887+15 section 11 of this chapter that any of the following applies, the ballots
888+16 shall be rejected:
889+17 (1) The affidavit is insufficient or that the ballot has not been
890+18 endorsed with the initials of:
891+19 (A) the two (2) members of the absentee voter board in the
892+20 office of the clerk of the circuit court under IC 3-11-4-19 or
893+21 IC 3-11-10-27;
894+22 (B) the two (2) members of the absentee voter board visiting
895+23 the voter under IC 3-11-10-25; or
896+24 (C) the two (2) appointed members of the county election
897+25 board or their designated representatives under IC 3-11-4-19.
898+26 (2) The signatures do not correspond or there is no signature, and
899+27 the signature mismatch or missing signature is not cured by the
900+28 deadline established under section 13.5 or 13.6 of this chapter.
901+29 (3) The absentee voter is not a qualified voter in the precinct.
902+30 (4) The absentee voter has voted in person at the election.
903+31 (5) The absentee voter has not registered.
904+32 (6) The ballot is open or has been opened and resealed. This
905+33 subdivision does not permit an absentee ballot transmitted by fax
906+34 or electronic mail under IC 3-11-4-6 to be rejected because the
907+35 ballot was sealed in the absentee ballot envelope by the individual
908+36 designated by the circuit court to receive absentee ballots
909+37 transmitted by fax or electronic mail.
910+38 (7) The ballot envelope contains more than one (1) ballot of any
911+39 kind for the same office or public question.
912+40 (8) In case of a primary election, if the absentee voter has not
913+41 previously voted, the voter failed to execute the proper
914+42 declaration relative to age and qualifications and the political
915+2022 IN 1173—LS 7011/DI 131 22
916+1 party with which the voter intends to affiliate.
917+2 (9) The ballot has been challenged and there is no absentee ballot
918+3 application from the voter to support the absentee ballot.
919+4 (b) Subsection (c) applies whenever a voter with a disability is
920+5 unable to make a signature:
921+6 (1) on an absentee ballot application that corresponds to the
922+7 voter's signature in the records of the county voter registration
923+8 office; or
924+9 (2) on an absentee ballot security envelope that corresponds with
925+10 the voter's signature:
926+11 (A) in the records of the county voter registration office; or
927+12 (B) on the absentee ballot application.
928+13 (c) The voter may request that the voter's signature or mark be
929+14 attested to by any of the following:
930+15 (1) The absentee voter board under section 22 of this chapter.
931+16 (2) A member of the voter's household.
932+17 (3) An individual serving as attorney in fact for the voter.
933+18 (d) An attestation under subsection (c) provides an adequate basis
934+19 for the absentee ballot counters to determine that a signature or mark
935+20 complies with subsection (a)(2).
936+21 (e) If the absentee ballot counters are unable to agree on a finding
937+22 described under this section or section 12 of this chapter, the county
938+23 election board shall make the finding.
939+24 (f) This subsection does not apply to an absentee ballot rejected
940+25 under this section based on a finding that the voter's signature on the
941+26 absentee ballot security envelope affidavit does not correspond to any
942+27 signature on the voter's absentee ballot application. The absentee ballot
943+28 counters or county election board shall issue a certificate to a voter
944+29 whose ballot:
945+30 (1) has been rejected under this section; or
946+31 (2) has not been received by the county by noon on election day
947+32 and will not be counted under section 10 of this chapter;
948+33 if the voter appears in person before the board not later than 5 p.m. on
949+34 election day. The certificate must state that the voter's absentee ballot
950+35 has been rejected and that the voter may vote in person under section
951+36 21 of this chapter if otherwise qualified to vote.
952+37 SECTION 25. IC 3-11.5-4-13.5, AS ADDED BY P.L.109-2021,
953+38 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
954+39 JULY 1, 2022]: Sec. 13.5. (a) This section applies to an absentee ballot
955+40 where there is a finding that the voter's signature on the absentee ballot
956+41 security envelope affidavit does not correspond to the signature on the
957+42 voter's absentee ballot application or electronic poll book, or any
958+2022 IN 1173—LS 7011/DI 131 23
959+1 signature by the voter maintained in the statewide voter registration
960+2 system.
961+3 (b) If the absentee voter board, the absentee ballot counters, or the
962+4 county election board determine that a voter's signature on the absentee
963+5 ballot security envelope affidavit does not correspond to:
964+6 (1) the voter's signature on the absentee ballot application;
965+7 (2) the voter's signature on the electronic poll book; or
966+8 (3) any signature of the voter maintained in the statewide voter
967+9 registration system;
968+10 the absentee ballot security envelope shall not be opened and the ballot
969+11 shall not be counted.
970+12 (c) The absentee voter board, the absentee ballot counters, or the
971+13 county election board shall write the date and cause of the mismatched
972+14 signature on the face of the security envelope after completing the
973+15 procedures set forth in this section.
974+16 (d) The county election board or board of elections and registration
975+17 shall send a notice produced from the computerized system established
976+18 by IC 3-7-26.3 to the voter of the determination of the absentee voter
977+19 board, absentee ballot counters, county election board, or board of
978+20 elections and registration that an absentee ballot signature mismatch
979+21 has occurred. The county election board shall:
980+22 (1) mail the notice by first class United States mail to the
981+23 registration address of the voter;
982+24 (2) send the notice by electronic mail to the voter if an electronic
983+25 mail address for the voter is available; and
984+26 (3) call the voter by telephone to provide notice of the signature
985+27 mismatch determination, if a telephone number for the voter is
986+28 available;
987+29 not later than the close of business two (2) business days after the
988+30 signature mismatch determination by the county occurs.
989+31 (e) An absentee ballot sealed inside an absentee ballot security
990+32 envelope affidavit with a signature mismatch shall be treated as a
991+33 provisional ballot under IC 3-11.7. The signature mismatch may be
992+34 cured under this section and the absentee ballot counted if the ballot is
993+35 otherwise valid.
994+36 (f) A voter notified by the county election board or board of
995+37 elections and registration under subsection (d) must verify the voter's
996+38 signature under this section on:
997+39 (1) the absentee ballot security envelope affidavit;
998+40 (2) the absentee ballot application or electronic poll book; or
999+41 (3) both;
1000+42 by filing an affidavit with the county election board or board of
1001+2022 IN 1173—LS 7011/DI 131 24
1002+1 elections and registration not later than noon, prevailing local time,
1003+2 eight (8) days after election day.
1004+3 (g) The notice under subsection (d) is subject to IC 3-5-4-8 and must
1005+4 contain the following information:
1006+5 (1) A statement from the county election board or board of
1007+6 elections and registration notifying the voter that the county has
1008+7 determined that a signature mismatch has occurred between the
1009+8 signature of the voter on the absentee ballot security envelope
1010+9 affidavit and the voter's signature on the absentee ballot
1011+10 application or electronic poll book, or any signature made by the
1012+11 voter on file in the statewide voter registration system.
1013+12 (2) A statement that the voter's absentee ballot will be rejected
1014+13 and not counted unless the voter cures the signature mismatch
1015+14 under this section by filing a signed signature verification
1016+15 affidavit with the county election board or board of elections and
1017+16 registration not later than noon, local prevailing time, eight (8)
1018+17 days after election day, and specifying the date on which the
1019+18 eighth day will fall.
1020+19 (3) A signature line for the voter to print the voter's name and date
1021+20 and sign the signature verification affidavit.
1022+21 (4) A statement that the signature verification affidavit must be:
1023+22 (A) placed into a mailing envelope addressed to the county
1024+23 election board or board of elections and registration, and either
1025+24 mailed with sufficient postage or hand delivered to the board;
1026+25 or
1027+26 (B) sent to the board by electronic mail. or facsimile
1028+27 transmission.
1029+28 (5) Information provided by the board setting forth the mailing
1030+29 address or electronic mail address or facsimile number of the
1031+30 board.
1032+31 (6) The name of the voter.
1033+32 (h) The signature verification affidavit shall be prescribed by the
1034+33 election division under IC 3-5-4-8, shall be produced from the
1035+34 computerized list established under IC 3-7-26.3, must substantially be
1036+35 in the following form, and may be included on the same page as the
1037+36 notice and instructions:
1038+37 SIGNATURE VERIFICATION AFFIDAVIT
1039+38 I, [voter's name], am a registered voter of [voter's county of
1040+39 residence] County, State of Indiana. I declare under the penalties
1041+40 of perjury that I requested and returned an absentee ballot. I am
1042+41 a resident of the precinct in which I have voted (or I am entitled
1043+42 to vote in this precinct under Indiana law), and I am the person
1044+2022 IN 1173—LS 7011/DI 131 25
1045+1 whose name appears on the absentee ballot envelope. I understand
1046+2 that if I commit or attempt any fraud in connection with voting, or
1047+3 if I aid or abet fraud or attempt to aid or abet fraud in connection
1048+4 with voting, I may be convicted of a felony punishable by
1049+5 imprisonment, a fine, or both. I understand that my failure to sign
1050+6 this statement means my absentee ballot will not be counted.
1051+7 ___________________
1052+8 Voter's Signature
1053+9 ____________________
1054+10 Voter's Printed Name
1055+11 ________________________
1056+12 Voter's Registration Address
1057+13 If there is a reason why your signature does not match, please
1058+14 explain here. Examples include age or disability of the voter or
1059+15 execution of the absentee affidavit by the person holding the
1060+16 voter's power of attorney or any person assisting a voter under
1061+17 IC 3-11-4-2(b) or a member of the voter's immediate household
1062+18 or power of attorney attesting to the voter's signature on the
1063+19 absentee by mail return envelope under IC 3-11.5-4-13(c). The
1064+20 computerized list shall preprint the name of the voter in the
1065+21 appropriate parts of the affidavit.
1066+22 (i) The county election board or board of elections and registration
1067+23 may not reject an absentee ballot with a nonconforming security
1068+24 envelope signature if each of the following conditions are satisfied:
1069+25 (1) The voter delivers:
1070+26 (A) in person;
1071+27 (B) by mail;
1072+28 (C) by facsimile transmission; or
1073+29 (D) (C) by electronic mail;
1074+30 a signature verification affidavit signed by the voter and the
1075+31 county election board or board of elections and registration
1076+32 receives the affidavit not later than noon, prevailing time, eight
1077+33 (8) days after election day, or the voter, before the close of the
1078+34 polls on election day, completes and files a signature verification
1079+35 affidavit with the inspector or other chief election official of the
1080+36 precinct or vote center within the county. The inspector or vote
1081+37 center official shall forward the signature verification statement
1082+38 to the county election board or board of elections and registration
1083+39 with the other materials from the precinct.
1084+40 (2) Upon receipt of the signature verification statement, the
1085+41 county election board or county board of elections and
1086+42 registration shall open the provisional ballot envelope to access
1087+2022 IN 1173—LS 7011/DI 131 26
1088+1 the voter's absentee ballot security envelope to:
1089+2 (A) compare the signature on the verification statement with
1090+3 the signature on the affidavit of the ballot envelope; or
1091+4 (B) if the ballot is for a military or overseas voter who
1092+5 transmitted the ballot by facsimile or electronic mail, compare
1093+6 the affidavit found under IC 3-11-4-6(h) and, if applicable, the
1094+7 signature found in the voter's registration record or the
1095+8 signature on the absentee ballot application.
1096+9 (j) If, upon conducting the comparison of signatures, the board
1097+10 determines that the signatures match and no other challenges have been
1098+11 made to the ballot, the board shall open the absentee ballot security
1099+12 envelope and add the votes cast on the ballot to the tally for the voter's
1100+13 precinct.
1101+14 (k) A ballot may not be removed from the security envelope until
1102+15 the time for processing ballots. If, upon conducting the comparison of
1103+16 the signatures under this section, the election officials determine that
1104+17 the signatures are mismatched, the voter's absentee ballot security
1105+18 envelope may not be opened and the ballot shall not be counted. The
1106+19 election officials shall write "this ballot has been rejected because of
1107+20 a mismatched signature" on the face of the security envelope. The
1108+21 absentee ballot security envelope must be resealed and the status of the
1109+22 rejected provisional ballot must be made under the "County Election
1110+23 Board Findings" on the affidavit.
1111+24 (l) A mismatched absentee ballot security envelope is to be treated
1112+25 as a provisional ballot and is subject to the same confidentiality
1113+26 restrictions under IC 3-11.7-6-3.
1114+27 (m) If the county election board or board of elections and
1115+28 registration determines that the signatures match, the board shall
1116+29 provide a copy of the statement to the county voter registration officer
1117+30 in any county where there is a separate board of registration. The voter
1118+31 registration officer shall then use the signature in the signature
1119+32 verification statement, even if returned untimely, to update the voter's
1120+33 signature in the voter's registration record.
1121+34 SECTION 26. IC 3-11.5-4-13.6, AS ADDED BY P.L.109-2021,
1122+35 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1123+36 JULY 1, 2022]: Sec. 13.6. (a) This section applies to an absentee ballot
1124+37 where there is a finding that the voter's signature on the absentee ballot
1125+38 security envelope affidavit is missing and therefore does not
1126+39 correspond to the signature on the voter's absentee ballot application or
1127+40 electronic poll book.
1128+41 (b) Section 13.5(c), 13.5(d), and 13.5(f) of this chapter apply to this
1129+42 section.
1130+2022 IN 1173—LS 7011/DI 131 27
1131+1 (c) The county election board or board of elections and registration
1132+2 shall not reject an absentee ballot with a missing security envelope
1133+3 signature if either of the following conditions is satisfied and the
1134+4 county election board or board of elections and registration determines
1135+5 that the unsigned absentee ballot affidavit is truthful and otherwise in
1136+6 compliance with this section:
1137+7 (1) The voter delivers:
1138+8 (A) in person;
1139+9 (B) by mail;
1140+10 (C) by facsimile; or
1141+11 (D) (C) by electronic mail;
1142+12 an affidavit of unsigned ballot that is signed by the voter, and the
1143+13 county election board or board of elections and registration
1144+14 receives the affidavit not later than noon eight (8) days after
1145+15 election day.
1146+16 (2) Before the close of the polls on election day, the voter
1147+17 completes and files an affidavit of unsigned ballot with the
1148+18 inspector or other chief election official of the precinct or vote
1149+19 center within the county. The inspector or vote center official
1150+20 shall forward the affidavit of unsigned ballot to the county
1151+21 election board or board of elections and registration with the other
1152+22 materials from the precinct.
1153+23 (d) Upon receipt of the affidavit of unsigned ballot, the county
1154+24 election board or county board of elections and registration shall open
1155+25 the provisional ballot envelope to access the voter's absentee ballot
1156+26 security envelope to:
1157+27 (1) compare the signature on the affidavit of unsigned ballot with
1158+28 the most recent signature on the voter's registration record in the
1159+29 statewide voter registration system, or the signature on the
1160+30 absentee ballot application; or
1161+31 (2) if the ballot is for a military or overseas voter who transmitted
1162+32 the ballot by facsimile or electronic mail, compare the affidavit
1163+33 found under IC 3-11-4-6(h) and, if applicable, the signature found
1164+34 in the voter's registration record or the signature on the absentee
1165+35 ballot application.
1166+36 (e) If, upon conducting the comparison of the signatures, the board
1167+37 determines that the signatures match and there are no other challenges
1168+38 that have been made to the ballot, the board shall open the absentee
1169+39 ballot security envelope and add the votes cast on the ballot to the tally
1170+40 for the voter's precinct.
1171+41 (f) If, upon conducting the comparison of the signatures, the board
1172+42 determines that the signatures are mismatched, the voter's absentee
1173+2022 IN 1173—LS 7011/DI 131 28
1174+1 ballot security envelope shall not be opened and the ballot may not be
1175+2 counted. The board shall write "this ballot has been rejected because
1176+3 of a mismatched signature" on the face of the security envelope. The
1177+4 provisional ballot envelope must be resealed and the status of the
1178+5 rejected ballot must be set forth under the "County Election Board
1179+6 Findings" on the affidavit.
1180+7 (g) The affidavit of unsigned ballot shall be prescribed by the
1181+8 election division under IC 3-5-4-8, shall be produced from the
1182+9 computerized list established under IC 3-7-26.3, must be in
1183+10 substantially the following form, and may be included on the same
1184+11 page as the notice and instructions:
1185+12 AFFIDAVIT OF UNSIGNED BALLOT
1186+13 I, [voter's name], am a registered voter of [voter's county of
1187+14 residence] County, State of Indiana. I declare under the penalties
1188+15 of perjury that I requested and returned an absentee ballot. I am
1189+16 a resident of the precinct in which I have voted (or I am entitled
1190+17 to vote in this precinct under Indiana law), and I am the person
1191+18 whose name appears on the absentee ballot envelope. I understand
1192+19 that if I commit or attempt any fraud in connection with voting, or
1193+20 if I aid or abet fraud or attempt to aid or abet fraud in connection
1194+21 with voting, I may be convicted of a felony punishable by
1195+22 imprisonment, a fine, or both. I understand that my failure to sign
1196+23 this statement means that my absentee ballot will not be counted.
1197+24 ___________________
1198+25 Voter's Signature
1199+26 ____________________
1200+27 Voter's Printed Name
1201+28 ________________________
1202+29 Voter's Registration Address
1203+30 The computerized list shall preprint the name of the voter in the
1204+31 appropriate parts of the affidavit.
1205+32 (h) The following instructions, prescribed by the election division
1206+33 under IC 3-5-4-8 and produced from the computerized list established
1207+34 under IC 3-7-26.3, shall accompany the affidavit of unsigned ballot in
1208+35 substantially the following form:
1209+36 NOTICE FROM COUNTY ELECTION BOARD
1210+37 REGARDING AN AFFIDAVIT OF UNSIGNED BALLOT FOR
1211+38 ABSENTEE BALLOT
1212+39 Read these instructions carefully before completing the statement.
1213+40 Failure to follow these instructions may cause your ballot to not
1214+41 be counted.
1215+42 (1) We have determined that your signature is missing on your
1216+2022 IN 1173—LS 7011/DI 131 29
1217+1 absentee ballot security envelope. To ensure that your absentee
1218+2 ballot will be counted, you must complete and return an
1219+3 affidavit of unsigned ballot.
1220+4 (2) Your affidavit of unsigned ballot must be received by the
1221+5 county election board or board of elections and registration not
1222+6 later than noon, local prevailing time, eight (8) days after the
1223+7 election, with the statement specifying the day on which the
1224+8 eighth day after the election will fall.
1225+9 (3) You must sign your name where specified on the affidavit
1226+10 of unsigned ballot.
1227+11 (4) Place the affidavit of unsigned ballot into a mailing
1228+12 envelope addressed to your county election official. Mail, hand
1229+13 deliver, or have your completed affidavit delivered to the
1230+14 board. Be sure to include sufficient postage if mailed, and
1231+15 include the address of the county election board provided
1232+16 below.
1233+17 (5) If you do not wish to send your affidavit of unsigned ballot
1234+18 by mail or have it hand delivered, you may submit your
1235+19 completed affidavit by electronic mail or facsimile
1236+20 transmission to the county election board using the following
1237+21 information provided by your county [insert county electronic
1238+22 mail address]. and facsimile number].
1239+23 (6) Include your name on the affidavit.
1240+24 (i) A ballot may not be removed from the security envelope until the
1241+25 time for processing the ballot.
1242+26 (j) Except where clearly inapplicable under IC 3-11.7, an unsigned
1243+27 absentee ballot security envelope is to be treated as a provisional ballot
1244+28 and is subject to the same confidentiality restrictions under
1245+29 IC 3-11.7-6-3. The affidavit of unsigned ballot and the signature
1246+30 verification statement executed by the voter are confidential under
1247+31 IC 3-11.7-6-3.
1248+32 SECTION 27. IC 3-11.7-2-2, AS AMENDED BY P.L.193-2021,
1249+33 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1250+34 JULY 1, 2022]: Sec. 2. (a) A provisional voter shall do the following:
1251+35 (1) Execute the affidavit described in IC 3-10-1-9 or
1252+36 IC 3-11-8-23.
1253+37 (2) Sign the poll list.
1254+38 (3) Mark the ballot in the presence of no other person, unless the
1255+39 voter requests help in marking a ballot under IC 3-11-9.
1256+40 (4) Fold each ballot separately.
1257+41 (5) Fold each ballot so as to conceal the marking.
1258+42 (6) Enclose each ballot, with the seal and signature of the circuit
1259+2022 IN 1173—LS 7011/DI 131 30
1260+1 court clerk on the outside, together with any unused ballot, in the
1261+2 envelope provided by the county election board under
1262+3 IC 3-11.7-1-8.
1263+4 (7) Securely seal the envelope.
1264+5 (b) A provisional voter may mark a ballot with a pen or a lead
1265+6 pencil.
1266+7 (c) This subsection applies to a provisional voter described in
1267+8 section 1(a)(1), 1(a)(2), or 1(a)(3) of this chapter. As provided by 52
1268+9 U.S.C. 21082, a precinct election officer shall give the provisional
1269+10 voter a copy of the written instructions prescribed by the county
1270+11 election board under IC 3-11.7-6-3 after the voter returns the envelope
1271+12 containing the provisional voter's ballots.
1272+13 (d) This subsection applies to a provisional voter described in
1273+14 section 1(a) or 1(b) of this chapter. In addition to the written
1274+15 instructions required by subsection (c), a precinct election officer shall
1275+16 provide the provisional voter, both orally and in writing, an explanation
1276+17 of what actions, if any, the provisional voter must take in order to have
1277+18 the provisional voter's ballot counted. The election division shall
1278+19 prescribe the form of the explanation required by this subsection. The
1279+20 circuit court clerk shall also provide the notice required by
1280+21 IC 3-11.7-6-4 to the provisional voter.
1281+22 SECTION 28. IC 3-11.7-6-4 IS REPEALED [EFFECTIVE JULY
1282+23 1, 2022]. Sec. 4. (a) Not later than three (3) calendar days after election
1283+24 day, the circuit court clerk shall provide a notice containing the
1284+25 following information to each voter who casts a provisional ballot:
1285+26 (1) The reason or reasons that the voter's ballot is being treated as
1286+27 a provisional ballot.
1287+28 (2) A description of what actions, if any, the provisional voter
1288+29 must take in order to have the provisional voter's ballot counted
1289+30 under this article.
1290+31 (3) The deadlines by which the provisional voter is required to
1291+32 take any actions described in subdivision (2) in order to have the
1292+33 provisional voter's ballot counted under this article.
1293+34 (4) The following information that will enable the provisional
1294+35 voter to inquire about the provisional voter's ballot:
1295+36 (A) The name of the office that the provisional voter may
1296+37 contact.
1297+38 (B) The address of the office described in clause (A).
1298+39 (C) The telephone number at the office described in clause (A)
1299+40 that the voter may use to contact the office about the voter's
1300+41 provisional ballot.
1301+42 (D) Any other information the circuit court clerk considers
1302+2022 IN 1173—LS 7011/DI 131 31
1303+1 useful to provide assistance to the provisional voter in
1304+2 inquiring about the provisional ballot.
1305+3 (b) The notice required by subsection (a) must be:
1306+4 (1) sent by first class United States mail; or
1307+5 (2) given by another method the circuit court clerk determines
1308+6 will provide actual notice to the voter.
1309+7 (c) The notice required by subsection (a) must be in a form
1310+8 prescribed by the election division.
1311+9 SECTION 29. IC 3-12-3-5, AS AMENDED BY P.L.193-2021,
1312+10 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1313+11 JULY 1, 2022]: Sec. 5. (a) If a ballot card is damaged or defective so
1314+12 that it cannot properly be counted by the automatic tabulating
1315+13 machines, then a remake team composed of one (1) person from each
1316+14 of the major political parties of the county shall have the card prepared
1317+15 for processing so as to record accurately the intention of the voter
1318+16 insofar as it can be ascertained.
1319+17 (b) If the ballot card voting system is designed to allow the counting
1320+18 and tabulation of votes by the precinct election board, the members of
1321+19 the remake team must be members of the precinct election board in
1322+20 which the ballot was cast. If a county provides for the counting and
1323+21 tabulation of ballot card voting systems in a central location, the
1324+22 members of the remake team shall be appointed by the county election
1325+23 board.
1326+24 (c) If necessary, a true, duplicate copy shall be made of the damaged
1327+25 ballot card in the presence of witnesses and substituted for the damaged
1328+26 card. Similarly, a duplicate ballot card shall be made of a defective
1329+27 card, not including the uncounted votes.
1330+28 (d) This subsection applies to an absent uniformed services voter or
1331+29 overseas voter permitted to transmit an absentee ballot by fax or
1332+30 electronic mail under IC 3-11-4-6. To facilitate the transmittal and
1333+31 return of the voter's absentee ballot by fax or electronic mail, the county
1334+32 election board may provide the voter with a paper ballot rather than a
1335+33 ballot card. The paper ballot must conform with the requirements for
1336+34 paper ballots set forth in IC 3-10 and IC 3-11. After the voter returns
1337+35 the ballot by fax or electronic mail, a remake team appointed by the
1338+36 county election board under this section shall prepare a ballot card for
1339+37 processing that accurately records the intention of the voter as
1340+38 indicated on the paper ballot. The ballot card created under this
1341+39 subsection must include the initials of each member of the remake team
1342+40 and be marked and counted as a duplicate ballot under sections 6
1343+41 through 7 of this chapter.
1344+42 (e) If an automatic tabulating machine fails during the counting and
1345+2022 IN 1173—LS 7011/DI 131 32
1346+1 tabulation of votes following the close of the polls, the county election
1347+2 board shall immediately arrange for the repair and proper functioning
1348+3 of the system. The county election board may, by unanimous vote of its
1349+4 entire membership, authorize the counting and tabulation of votes for
1350+5 this election on an automatic tabulating machine approved for use in
1351+6 Indiana by the commission:
1352+7 (1) until the repair and retesting of the malfunctioning machine;
1353+8 and
1354+9 (2) whether or not the machine was tested under IC 3-11-13-22.
1355+10 SECTION 30. IC 3-12-13-3, AS ADDED BY P.L.34-2019,
1356+11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1357+12 JULY 1, 2022]: Sec. 3. As used in this chapter, "risk-limiting
1358+13 "post-election audit" means an audit protocol that makes use of
1359+14 statistical methods and is designed to limit to acceptable levels the risk
1360+15 of certifying a preliminary election outcome that constitutes an
1361+16 incorrect outcome.
1362+17 SECTION 31. IC 3-12-13-4, AS ADDED BY P.L.34-2019,
1363+18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1364+19 JULY 1, 2022]: Sec. 4. (a) The secretary of state may designate
1365+20 counties as risk-limiting post-election audit pilot counties.
1366+21 (b) For a county to be designated as a risk-limiting post-election
1367+22 audit pilot county, the county election board must adopt a resolution
1368+23 requesting the secretary of state to designate the county as a
1369+24 risk-limiting post-election audit pilot county.
1370+25 (c) In designating a county as a risk-limiting post-election audit
1371+26 pilot county, the secretary of state shall seek to designate a variety of
1372+27 counties as pilot post-election audit counties based on the number of
1373+28 active voters within the county.
1374+29 (d) A county designated as a risk-limiting post-election audit pilot
1375+30 county shall conduct risk-limiting post-election audits as provided in
1376+31 this chapter.
1377+32 SECTION 32. IC 3-12-13-5, AS AMENDED BY P.L.135-2020,
1378+33 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1379+34 JULY 1, 2022]: Sec. 5. (a) The secretary of state shall determine the
1380+35 number of elections that are subject to a risk-limiting post-election
1381+36 audit.
1382+37 (b) All contested elections for an elected office and all public
1383+38 questions are eligible for designation under subsection (a) for a
1384+39 risk-limiting post-election audit.
1385+40 SECTION 33. IC 3-12-13-6, AS AMENDED BY P.L.193-2021,
1386+41 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1387+42 JULY 1, 2022]: Sec. 6. (a) The secretary of state may waive the
1388+2022 IN 1173—LS 7011/DI 131 33
1389+1 requirement of section 5 of this chapter, after a written request by a
1390+2 county election board.
1391+3 (b) The secretary of state may waive the requirement of section 5 of
1392+4 this chapter only if the county election board shows that the technology
1393+5 in use by the county will not enable the county election board to satisfy
1394+6 the requirements for a risk-limiting post-election audit for an election.
1395+7 SECTION 34. IC 3-12-13-7, AS AMENDED BY P.L.135-2020,
1396+8 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1397+9 JULY 1, 2022]: Sec. 7. (a) The secretary of state shall issue orders to
1398+10 implement and administer the requirements of this chapter.
1399+11 (b) In issuing an order under subsection (a), the secretary of state
1400+12 shall:
1401+13 (1) consult with recognized statistical experts, equipment vendors,
1402+14 the election division, and county election officials; and
1403+15 (2) consider best practices for conducting risk-limiting
1404+16 post-election audits.
1405+2022 IN 1173—LS 7011/DI 131