Indiana 2022 Regular Session

Indiana House Bill HB1364 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1364
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-5-2-11.3; IC 3-7; IC 3-10-8-9; IC 3-11;
7	7	IC 3-11.7-2-1; IC 3-12-4-6.
8	8	Synopsis: Poll hours; same day registration. Provides that the polls
9	9	close at 8 p.m. (Under current law, the polls must close at 6 p.m.)
10	10	Permits a voter to register at the polls by completing a voter registration
11	11	form and an affirmation that the person has not voted elsewhere in the
12	12	election and by providing proof of residence.
13	13	Effective: January 1, 2023.
14	14	Pfaff
15	15	January 11, 2022, read first time and referred to Committee on Elections and
16	16	Apportionment.
17	17	2022 IN 1364—LS 6371/DI 75 Introduced
18	18	Second Regular Session of the 122nd General Assembly (2022)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2021 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1364
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	elections.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 3-5-2-11.3 IS ADDED TO THE INDIANA CODE
33	33	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JANUARY 1, 2023]: Sec. 11.3. "Close of the polls" refers to the
35	35	4 time that the polls are set to close under IC 3-11-8-8.
36	36	5 SECTION 2. IC 3-7-13-10.5 IS ADDED TO THE INDIANA CODE
37	37	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
38	38	7 JANUARY 1, 2023]: Sec. 10.5. Notwithstanding section 10 of this
39	39	8 chapter, an individual may register or transfer registration on the
40	40	9 day of a primary, general, municipal, school district, or special
41	41	10 election as provided in IC 3-7-49.
42	42	11 SECTION 3. IC 3-7-13-11 IS AMENDED TO READ AS
43	43	12 FOLLOWS [EFFECTIVE JANUARY 1, 2023]: Sec. 11. A person
44	44	13 desiring to register or transfer a registration may do so:
45	45	14 (1) at the office of the circuit court clerk or board of registration
46	46	15 through the close of business on the twenty-ninth day before the
47	47	16 election is scheduled to occur; or
48	48	17 (2) on the day of a primary, general, municipal, school
49	49	2022 IN 1364—LS 6371/DI 75 2
50	50	1 district, or special election as provided in IC 3-7-49 or
51	51	2 IC 3-10-11.
52	52	3 SECTION 4. IC 3-7-36-14, AS AMENDED BY P.L.76-2014,
53	53	4 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
54	54	5 JANUARY 1, 2023]: Sec. 14. (a) This section applies to a person
55	55	6 described in subsection (b) who applies to register to vote during the
56	56	7 period:
57	57	8 (1) beginning on the seventh day before election day; and
58	58	9 (2) ending at noon election day.
59	59	10 (b) An absent uniformed services voter who is absent from Indiana
60	60	11 during the registration period applicable to the voter under this chapter
61	61	12 and who otherwise would be entitled to register to vote under Indiana
62	62	13 law may, upon returning to Indiana during the period described in
63	63	14 subsection (a) following discharge from service or reassignment,
64	64	15 register to vote by doing the following:
65	65	16 (1) Showing either of the following to the county voter
66	66	17 registration office:
67	67	18 (A) A discharge from service, dated not earlier than the
68	68	19 beginning of the registration period that ended on the eighth
69	69	20 day before election day, of:
70	70	21 (i) the voter;
71	71	22 (ii) the voter's spouse; or
72	72	23 (iii) the individual of whom the voter is a dependent.
73	73	24 (B) A copy of the government movement orders, with a
74	74	25 reporting date not earlier than the beginning of the registration
75	75	26 period that ended on the eighth day before election day, of:
76	76	27 (i) the voter;
77	77	28 (ii) the voter's spouse; or
78	78	29 (iii) the individual of whom the voter is a dependent.
79	79	30 (2) Completing a registration affidavit.
80	80	31 (c) Except as provided in subsection (g), a voter who registers
81	81	32 under this section may vote at the upcoming election only by absentee
82	82	33 ballot at the office of the circuit court clerk at the time the voter
83	83	34 registers under this section or at any time after the voter registers under
84	84	35 this section and before noon on election day. A voter who wants to vote
85	85	36 under this subsection must do both of the following:
86	86	37 (1) Complete an application for an absentee ballot.
87	87	38 (2) Sign an affidavit that the voter has not voted at any other
88	88	39 precinct in the election.
89	89	40 The voter may vote at subsequent elections as otherwise provided in
90	90	41 this title.
91	91	42 (d) If the voter votes by absentee ballot under this section, the
92	92	2022 IN 1364—LS 6371/DI 75 3
93	93	1 circuit court clerk shall do the following:
94	94	2 (1) Certify in writing that the voter registered under this section.
95	95	3 (2) Attach the certification to the voter's absentee ballot envelope.
96	96	4 (e) If the county has a board of registration, the board of registration
97	97	5 shall promptly deliver the voter's registration affidavit to the circuit
98	98	6 court clerk to permit the voter to vote under subsection (c).
99	99	7 (f) If the voter chooses not to vote under subsection (c), the county
100	100	8 voter registration office shall register the voter on the first day of the
101	101	9 next registration period.
102	102	10 (g) A person described in subsection (c) may register and vote
103	103	11 on the day of a primary, general, municipal, school district, or
104	104	12 special election as provided in IC 3-7-49.
105	105	13 SECTION 5. IC 3-7-48-1, AS AMENDED BY P.L.271-2013,
106	106	14 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
107	107	15 JANUARY 1, 2023]: Sec. 1. (a) Except as otherwise provided by
108	108	16 NVRA or in this chapter, a person whose name does not appear on the
109	109	17 registration record may not vote, unless:
110	110	18 (1) the county voter registration office issues a signed certificate
111	111	19 of error immediately available for inspection in the county voter
112	112	20 registration office showing that the voter is legally registered in
113	113	21 the precinct where the voter resides; or
114	114	22 (2) the voter has registered as provided in IC 3-7-49.
115	115	23 (b) A person:
116	116	24 (1) whose name does not appear on the registration record; and
117	117	25 (2) who does not register as provided in IC 3-7-49;
118	118	26 may cast a provisional ballot as provided in IC 3-11.7.
119	119	27 SECTION 6. IC 3-7-49 IS ADDED TO THE INDIANA CODE AS
120	120	28 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
121	121	29 JANUARY 1, 2023]:
122	122	30 Chapter 49. Election Day Registration
123	123	31 Sec. 1. (a) A person who is not registered to vote but is otherwise
124	124	32 qualified to vote shall be allowed to vote at the polls in a primary,
125	125	33 general, municipal, school district, or special election if the person
126	126	34 registers at the polls under this chapter.
127	127	35 (b) In order to register to vote at a precinct under this chapter,
128	128	36 a person:
129	129	37 (1) must be a resident of the precinct;
130	130	38 (2) must be otherwise legally qualified to vote under
131	131	39 IC 3-7-13-1;
132	132	40 (3) may not be registered to vote under IC 3-7-14 through
133	133	41 IC 3-7-22;
134	134	42 (4) may not be qualified to vote under IC 3-7-39-7,
135	135	2022 IN 1364—LS 6371/DI 75 4
136	136	1 IC 3-7-39-8, IC 3-7-48, IC 3-10-10, IC 3-10-11, or IC 3-10-12;
137	137	2 and
138	138	3 (5) may not have already voted in the election.
139	139	4 (c) Before allowing a person to vote under this chapter, the poll
140	140	5 clerk or other precinct election officer shall require the person to
141	141	6 do the following:
142	142	7 (1) Complete a voter registration form prescribed by
143	143	8 IC 3-7-18, along with the affirmation described in section 3 of
144	144	9 this chapter, and sign the form in the presence of two (2)
145	145	10 precinct election officers who must be from different political
146	146	11 parties. If the county election board has not appointed
147	147	12 precinct election officers from more than one (1) political
148	148	13 party to the precinct election board, the inspector for the
149	149	14 precinct shall sign the form as the second precinct election
150	150	15 officer.
151	151	16 (2) Provide acceptable proof of residence.
152	152	17 Sec. 2. (a) For purposes of this chapter, one (1) of the following
153	153	18 forms of identification is acceptable as proof of residence:
154	154	19 (1) A current and valid photo identification.
155	155	20 (2) A current utility bill, bank statement, government check,
156	156	21 paycheck, or government document that shows the name and
157	157	22 address of the person registering to vote.
158	158	23 (3) A statement signed by any other voter in the precinct that
159	159	24 corroborates the information on the voter's registration form
160	160	25 concerning the residency of the person registering to vote. The
161	161	26 corroborator must provide the identification listed in
162	162	27 subdivision (1) or (2) as proof of the corroborator's residence
163	163	28 and must sign the statement in the presence of two (2)
164	164	29 precinct election officers who must be from different political
165	165	30 parties. If the county election board has not appointed
166	166	31 precinct election officers from more than one (1) political
167	167	32 party to the precinct election board, the inspector for the
168	168	33 precinct shall sign the form as the second precinct election
169	169	34 officer. The commission shall prescribe the form of the
170	170	35 statement.
171	171	36 (b) If a person presents a document under subsection (a), the
172	172	37 poll clerk shall add a notation to the poll list indicating the type of
173	173	38 document presented by the person. The election division shall
174	174	39 prescribe a standardized coding system to classify documents
175	175	40 presented under subsection (a) for entry into the county voter
176	176	41 registration system.
177	177	42 (c) If a person is unable to present the documentation required
178	178	2022 IN 1364—LS 6371/DI 75 5
179	179	1 under subsection (a) to the poll clerk while present at the polls, the
180	180	2 poll clerk shall notify the precinct election board. The board shall
181	181	3 provide a provisional ballot to the person under IC 3-11.7-2.
182	182	4 (d) The precinct election board shall advise the person that the
183	183	5 person must file a copy of the documentation required under
184	184	6 subsection (a) with:
185	185	7 (1) the county voter registration office; or
186	186	8 (2) the precinct election board in the voter's precinct;
187	187	9 to permit the provisional ballot to be counted under IC 3-11.7.
188	188	10 Sec. 3. The commission shall prescribe the affirmation required
189	189	11 under section 1(c)(1) of this chapter. The affirmation must include
190	190	12 a statement that the person has not already voted at the election for
191	191	13 which the person is registering to vote.
192	192	14 Sec. 4. A person who registers to vote under this chapter:
193	193	15 (1) may not be challenged on the grounds that the person's
194	194	16 registration does not appear in the precinct registration book
195	195	17 or poll list; and
196	196	18 (2) is not required to obtain a certificate of error under
197	197	19 IC 3-7-48 to vote.
198	198	20 Sec. 5. Before each primary, general, municipal, school district,
199	199	21 or special election, the county election board shall provide each
200	200	22 precinct election board with a sufficient number of registration
201	201	23 forms, affirmations, and statements to meet the reasonable need
202	202	24 for the forms, affirmations, and statements under this chapter.
203	203	25 Sec. 6. The precinct election board shall attach the completed
204	204	26 registration forms, affirmations, and statements to the poll list for
205	205	27 processing by the county voter registration office under
206	206	28 IC 3-10-1-31.1.
207	207	29 Sec. 7. (a) The precinct election board shall add to the poll list
208	208	30 of the precinct the name and address of a person who registers to
209	209	31 vote under this chapter.
210	210	32 (b) The county voter registration office shall add to the
211	211	33 registration record of the county the name of a person who
212	212	34 registers to vote under this chapter.
213	213	35 Sec. 8. The county voter registration office shall process under
214	214	36 IC 3-7-33-5 the voter registration forms completed under section
215	215	37 1 of this chapter.
216	216	38 Sec. 9. If a notice mailed under IC 3-7-33-5 to a person who
217	217	39 registered under this chapter is returned as undeliverable, the
218	218	40 county voter registration office shall initiate steps under
219	219	41 IC 3-7-33-6 to remove the person from the registration rolls.
220	220	42 Sec. 10. A registration completed under this chapter for which
221	221	2022 IN 1364—LS 6371/DI 75 6
222	222	1 the notice mailed under IC 3-7-33-5 is not returned is effective to
223	223	2 the same extent as if the registration had been completed under
224	224	3 IC 3-7-14 through IC 3-7-22.
225	225	4 SECTION 7. IC 3-10-8-9, AS AMENDED BY P.L.10-2010,
226	226	5 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
227	227	6 JANUARY 1, 2023]: Sec. 9. (a) If the special election occurs during
228	228	7 the period when registration is open under IC 3-7-13, the registration
229	229	8 period continues through the twenty-ninth day before the special
230	230	9 election occurs and resumes on the date specified by IC 3-7-13-10(d),
231	231	10 except that a person may register or transfer registration on the
232	232	11 day of a special election as provided in IC 3-7-49.
233	233	12 (b) The election board conducting the special election shall provide
234	234	13 poll lists for use at the precincts that include the names of voters in the
235	235	14 precinct who:
236	236	15 (1) have registered through the twenty-ninth day before the
237	237	16 special election is to be conducted; or
238	238	17 (2) are absent uniformed services voters or overseas voters
239	239	18 registered under IC 3-7-36.
240	240	19 (c) This subsection applies when a special election is ordered by a
241	241	20 court under IC 3-12-8-17 or the state recount commission under
242	242	21 IC 3-12-11-18. A candidate may not be placed on the special election
243	243	22 ballot unless the candidate was on the ballot or was a declared write-in
244	244	23 candidate for the office at the general election preceding the special
245	245	24 election.
246	246	25 SECTION 8. IC 3-11-4-18, AS AMENDED BY P.L.100-2018,
247	247	26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
248	248	27 JANUARY 1, 2023]: Sec. 18. (a) If a voter satisfies any of the
249	249	28 qualifications described in IC 3-11-10-24 that entitle a voter to cast an
250	250	29 absentee ballot by mail, the county election board shall, at the request
251	251	30 of the voter, mail the official ballot, postage fully prepaid, to the voter
252	252	31 at the address stated in the application. Each ballot may be assigned a
253	253	32 unique tracking number as prescribed by the election division using
254	254	33 IMb Tracing or a similar automated tracking method to provide
255	255	34 real-time tracking information for the envelope containing the ballot.
256	256	35 As used in this subsection, "IMb Tracing" refers to a real-time mail
257	257	36 tracking service offered through the United States Postal Service.
258	258	37 (b) If the county election board mails an absentee ballot to a voter
259	259	38 required to file additional documentation with the county voter
260	260	39 registration office before voting by absentee ballot under this chapter,
261	261	40 the board shall include a notice to the voter in the envelope mailed to
262	262	41 the voter under section 20 of this chapter. The notice must inform the
263	263	42 voter that the voter must file the additional documentation required
264	264	2022 IN 1364—LS 6371/DI 75 7
265	265	1 under IC 3-7-33-4.5 with the county voter registration office not later
266	266	2 than noon on election day for the absentee ballot to be counted as an
267	267	3 absentee ballot, and that, if the documentation required under
268	268	4 IC 3-7-33-4.5 is filed after noon and before 6 p.m. the close of the
269	269	5 polls on election day, the ballot will be processed as a provisional
270	270	6 ballot. The election division shall prescribe the form of this notice
271	271	7 under IC 3-5-4-8.
272	272	8 (c) Except as provided in this subsection, section 18.5 of this
273	273	9 chapter, or IC 3-11-10-26.5, the ballot shall be transmitted:
274	274	10 (1) on the day of the receipt of the voter's application; or
275	275	11 (2) not more than five (5) days after the date of delivery of the
276	276	12 ballots under section 15 of this chapter;
277	277	13 whichever is later. If the election board determines that the county
278	278	14 voter registration office has received an application from the applicant
279	279	15 for registration at an address within the precinct indicated on the
280	280	16 application, and the election board determines that this application is
281	281	17 pending under IC 3-7-33, the ballot shall be mailed on the date the
282	282	18 county voter registration office indicates under IC 3-7-33-5(g) that the
283	283	19 applicant is a registered voter.
284	284	20 (d) As required by 52 U.S.C. 21081, an election board shall
285	285	21 establish a voter education program (specific to a paper ballot or
286	286	22 optical scan ballot card provided as an absentee ballot under this
287	287	23 chapter) to notify a voter of the effect of casting multiple votes for a
288	288	24 single office.
289	289	25 (e) As provided by 52 U.S.C. 21081, when an absentee ballot is
290	290	26 transmitted under this section, the mailing must include:
291	291	27 (1) information concerning the effect of casting multiple votes for
292	292	28 an office; and
293	293	29 (2) instructions on how to correct the ballot before the ballot is
294	294	30 cast and counted, including the issuance of replacement ballots.
295	295	31 SECTION 9. IC 3-11-8-8, AS AMENDED BY P.L.278-2019,
296	296	32 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
297	297	33 JANUARY 1, 2023]: Sec. 8. (a) The polls in each precinct open at 6
298	298	34 a.m. and close at 6 8 p.m. on election day.
299	299	35 (b) A county election board or a board of elections and registration
300	300	36 does not have the power to extend the hours that the polls are to be
301	301	37 open in any precinct or vote center of the county.
302	302	38 SECTION 10. IC 3-11-8-15, AS AMENDED BY P.L.193-2021,
303	303	39 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
304	304	40 JANUARY 1, 2023]: Sec. 15. (a) Only the following persons are
305	305	41 permitted in the polls during an election:
306	306	42 (1) Members of a precinct election board.
307	307	2022 IN 1364—LS 6371/DI 75 8
308	308	1 (2) Poll clerks and assistant poll clerks.
309	309	2 (3) Election sheriffs.
310	310	3 (4) Deputy election commissioners.
311	311	4 (5) Pollbook holders and challengers.
312	312	5 (6) Watchers.
313	313	6 (7) Voters for the purposes of:
314	314	7 (A) voting; or
315	315	8 (B) for voters registering to vote on election day under
316	316	9 IC 3-7-49, filing a copy of the documentation required by
317	317	10 IC 3-7-49-2(a) with the precinct election board in the
318	318	11 voter's precinct so that the voter's provisional ballot may
319	319	12 be counted under IC 3-11.7.
320	320	13 (8) Minor children accompanying voters as provided under
321	321	14 IC 3-11-11-8.
322	322	15 (9) An assistant to a precinct election officer appointed under
323	323	16 IC 3-6-6-39.
324	324	17 (10) An individual authorized to assist a voter in accordance with
325	325	18 IC 3-11-9.
326	326	19 (11) A member of a county election board, acting on behalf of the
327	327	20 board.
328	328	21 (12) A mechanic authorized to act on behalf of a county election
329	329	22 board to repair a voting system (if the mechanic bears credentials
330	330	23 signed by each member of the board).
331	331	24 (13) Either of the following who have been issued credentials
332	332	25 signed by the members of the county election board:
333	333	26 (A) The county chairman of a political party.
334	334	27 (B) The county vice chairman of a political party.
335	335	28 However, a county chairman or a county vice chairman who is a
336	336	29 candidate for nomination or election to office at the election may
337	337	30 not enter the polls under this subdivision.
338	338	31 (14) The secretary of state, as chief election officer of the state,
339	339	32 unless the individual serving as secretary of state is a candidate
340	340	33 for nomination or election to an office at the election.
341	341	34 (b) Except for an individual described in subsection (a)(8) or
342	342	35 (a)(10), an individual must be a citizen of the United States to be
343	343	36 permitted in the polls during an election.
344	344	37 (c) The secretary of state may exempt an individual from the
345	345	38 requirement to be a United States citizen.
346	346	39 (d) This subsection applies to a simulated election for minors
347	347	40 conducted with the authorization of the county election board. An
348	348	41 individual participating in the simulated election may be in the polls for
349	349	42 the purpose of voting. A person supervising the simulated election may
350	350	2022 IN 1364—LS 6371/DI 75 9
351	351	1 be in the polls to perform the supervision.
352	352	2 (e) The inspector of a precinct has authority over all simulated
353	353	3 election activities conducted under subsection (d) and shall ensure that
354	354	4 the simulated election activities do not interfere with the election
355	355	5 conducted in that polling place.
356	356	6 SECTION 11. IC 3-11-8-16, AS AMENDED BY P.L.230-2005,
357	357	7 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
358	358	8 JANUARY 1, 2023]: Sec. 16. A person may not remain within a
359	359	9 distance equal to the length of the chute (as defined in IC 3-5-2-10) of
360	360	10 the entrance to the polls except for the purpose of:
361	361	11 (1) offering to vote; or
362	362	12 (2) for voters registering to vote on election day under
363	363	13 IC 3-7-49, filing a copy of the documentation required by
364	364	14 IC 3-7-49-2(a) with the precinct election board in the voter's
365	365	15 precinct so that the voter's provisional ballot may be counted
366	366	16 under IC 3-11.7.
367	367	17 SECTION 12. IC 3-11-8-25.1, AS AMENDED BY P.L.157-2019,
368	368	18 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
369	369	19 JANUARY 1, 2023]: Sec. 25.1. (a) Except as provided in subsection
370	370	20 (e), a voter who desires to vote an official ballot at an election shall
371	371	21 provide proof of identification.
372	372	22 (b) Except as provided in subsection (e), before the voter proceeds
373	373	23 to vote in the election, a precinct election officer shall ask the voter to
374	374	24 provide proof of identification. One (1) of each of the precinct election
375	375	25 officers nominated by each county chairman of a major political party
376	376	26 of the county under IC 3-6-6-8 or IC 3-6-6-9 is entitled to ask the voter
377	377	27 to provide proof of identification. The voter shall produce the proof of
378	378	28 identification to each precinct officer requesting the proof of
379	379	29 identification before being permitted to sign the poll list.
380	380	30 (c) If:
381	381	31 (1) the voter is unable or declines to present the proof of
382	382	32 identification; or
383	383	33 (2) a member of the precinct election board determines that the
384	384	34 proof of identification provided by the voter does not qualify as
385	385	35 proof of identification under IC 3-5-2-40.5;
386	386	36 a member of the precinct election board shall challenge the voter as
387	387	37 prescribed by this chapter.
388	388	38 (d) If the voter executes a challenged voter's affidavit under section
389	389	39 22.1 of this chapter, the voter shall:
390	390	40 (1) sign the poll list; and
391	391	41 (2) receive a provisional ballot.
392	392	42 (e) A voter who votes in person at a precinct polling place, vote
393	393	2022 IN 1364—LS 6371/DI 75 10
394	394	1 center, or satellite office established under IC 3-11-10-26.3 that is
395	395	2 located at a state licensed care facility where the voter resides is not
396	396	3 required to provide proof of identification before voting in an election.
397	397	4 (f) After a voter has passed the challengers or has been sworn in, the
398	398	5 voter shall be instructed by a member of the precinct election board to
399	399	6 proceed to the location where the poll clerks are stationed. In a vote
400	400	7 center county using an electronic poll list, two (2) election officers who
401	401	8 are not members of the same political party must be present when a
402	402	9 voter signs in on the electronic poll list. The voter shall announce the
403	403	10 voter's name to the poll clerks or assistant poll clerks the voter's name
404	404	11 and whether the voter wants to register to vote at the polls. If the
405	405	12 voter wants to register and meets the conditions set forth in
406	406	13 IC 3-7-49, the poll clerk or other precinct election officer shall
407	407	14 register the voter in accordance with IC 3-7-49. If the voter is
408	408	15 already registered, a poll clerk, an assistant poll clerk, or a member
409	409	16 of the precinct election board shall require the voter to write the
410	410	17 following on the poll list or to provide the following information for
411	411	18 entry into the electronic poll list:
412	412	19 (1) The voter's name.
413	413	20 (2) Except as provided in subsection (k), the voter's current
414	414	21 residence address.
415	415	22 (g) The poll clerk, an assistant poll clerk, or a member of the
416	416	23 precinct election board shall:
417	417	24 (1) ask the voter to provide or update the voter's voter
418	418	25 identification number;
419	419	26 (2) tell the voter the number the voter may use as a voter
420	420	27 identification number; and
421	421	28 (3) explain to the voter that the voter is not required to provide or
422	422	29 update a voter identification number at the polls.
423	423	30 (h) The poll clerk, an assistant poll clerk, or a member of the
424	424	31 precinct election board shall ask the voter to provide proof of
425	425	32 identification.
426	426	33 (i) In case of doubt concerning a voter's identity, the precinct
427	427	34 election board shall compare the voter's signature with the signature on
428	428	35 the voter's registration record provided by the county voter registration
429	429	36 office under IC 3-7-29. If the board determines that the voter's
430	430	37 signature is authentic, the voter may then vote. If either poll clerk
431	431	38 doubts the voter's identity following comparison of the signatures, the
432	432	39 poll clerk shall challenge the voter in the manner prescribed by section
433	433	40 21 of this chapter.
434	434	41 (j) If:
435	435	42 (1) the poll clerk does not execute a challenger's affidavit; or
436	436	2022 IN 1364—LS 6371/DI 75 11
437	437	1 (2) the voter executes a challenged voter's affidavit under section
438	438	2 22.1 of this chapter or executed the affidavit before signing the
439	439	3 poll list;
440	440	4 the voter may then vote.
441	441	5 (k) The electronic poll book (or each line on a poll list sheet
442	442	6 provided to take a voter's current address) must include a box under the
443	443	7 heading "Address Unchanged". A voter whose address is unchanged
444	444	8 shall check the box instead of writing the voter's current address on the
445	445	9 poll list, or if an electronic poll book is used, the poll clerk shall check
446	446	10 the box after stating to the voter the address shown on the electronic
447	447	11 poll book and receiving an oral affirmation from the voter that the
448	448	12 voter's residence address shown on the poll list is the voter's current
449	449	13 residence address instead of writing the voter's current residence
450	450	14 address on the poll list or reentering the address in the electronic poll
451	451	15 book.
452	452	16 (l) If the voter indicates that the voter's current residence is located
453	453	17 within another county in Indiana, the voter is considered to have
454	454	18 directed the county voter registration office of the county where the
455	455	19 precinct is located to cancel the voter registration record within the
456	456	20 county. The precinct election board shall provide the voter with a voter
457	457	21 registration application for the voter to complete and file with the
458	458	22 county voter registration office of the county where the voter's current
459	459	23 residence address is located.
460	460	24 (m) If the voter indicates that the voter's current residence is located
461	461	25 outside Indiana, the voter is considered to have directed the county
462	462	26 voter registration office of the county where the precinct is located to
463	463	27 cancel the voter registration record within the county.
464	464	28 SECTION 13. IC 3-11-8-25.5, AS AMENDED BY P.L.271-2013,
465	465	29 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
466	466	30 JANUARY 1, 2023]: Sec. 25.5. (a) If an individual signs the
467	467	31 individual's name and either:
468	468	32 (1) signs the individual's address; or
469	469	33 (2) checks the "Address Unchanged" box;
470	470	34 on the poll list or provides the information for entry by the poll clerk
471	471	35 into the electronic poll list under section 25.1 of this chapter and then
472	472	36 leaves the polls without casting a ballot or after casting a provisional
473	473	37 ballot, the voter may not be permitted to reenter the polls to cast a
474	474	38 ballot at the election. except as provided by subsection (b).
475	475	39 (b) An individual who:
476	476	40 (1) registers to vote on election day under IC 3-7-49; and
477	477	41 (2) casts a provisional ballot under IC 3-11.7 because the
478	478	42 individual is unable to present the documentation required
479	479	2022 IN 1364—LS 6371/DI 75 12
480	480	1 under IC 3-7-49-2(a);
481	481	2 is entitled to reenter the polls solely to file a copy of the
482	482	3 documentation required under IC 3-7-49-2(a) with the precinct
483	483	4 election board in the individual's precinct so that the individual's
484	484	5 provisional ballot may be counted under IC 3-11.7.
485	485	6 SECTION 14. IC 3-11-14-19 IS AMENDED TO READ AS
486	486	7 FOLLOWS [EFFECTIVE JANUARY 1, 2023]: Sec. 19. Each county
487	487	8 election board shall be at its office from 5 a.m. until 6 p.m. the close of
488	488	9 the polls on election day. Upon notice that an electronic voting system
489	489	10 is out of order or fails to work, the board shall be ready between those
490	490	11 hours to deliver to any precinct in the county:
491	491	12 (1) necessary paper ballots;
492	492	13 (2) election booths with an adequate number of stalls;
493	493	14 (3) ballot boxes; and
494	494	15 (4) all necessary supplies and equipment as required by law.
495	495	16 SECTION 15. IC 3-11.7-2-1, AS AMENDED BY P.L.128-2015,
496	496	17 SECTION 201, IS AMENDED TO READ AS FOLLOWS
497	497	18 [EFFECTIVE JANUARY 1, 2023]: Sec. 1. (a) As provided by 52
498	498	19 U.S.C. 21082, This section applies to the following individuals:
499	499	20 (1) An individual:
500	500	21 (A) whose name does not appear on the registration list; and
501	501	22 (B) who is challenged under IC 3-10-1 or IC 3-11-8 after the
502	502	23 voter makes an oral or a written affirmation under IC 3-7-48-5
503	503	24 or IC 3-7-48-7 or after the voter produces a certificate of error
504	504	25 under IC 3-7-48-1.
505	505	26 (2) An individual described by IC 3-10-1-10.5, IC 3-11-8-23.5, or
506	506	27 IC 3-11-8-27.5 who is challenged as not eligible to vote.
507	507	28 (3) An individual who seeks to vote in an election as a result of a
508	508	29 court order (or any other order) extending the time established for
509	509	30 closing the polls under IC 3-11-8-8.
510	510	31 (4) An individual who is registering to vote at the polls but has
511	511	32 not presented identification required under IC 3-7-49-2.
512	512	33 (b) As required by 52 U.S.C. 21083, A voter who has registered to
513	513	34 vote but has not:
514	514	35 (1) presented identification required under 52 U.S.C. 21083 to the
515	515	36 poll clerk before voting in person under IC 3-11-8-25.1; or
516	516	37 (2) filed a copy of the identification required under 52 U.S.C.
517	517	38 21083 to the county voter registration office before the voter's
518	518	39 absentee ballot is cast; or
519	519	40 (3) presented identification required under IC 3-7-49-2 to the
520	520	41 poll clerk before voting in person under IC 3-11-8-25.1;
521	521	42 is entitled to vote a provisional ballot under this article.
522	522	2022 IN 1364—LS 6371/DI 75 13
523	523	1 (c) A precinct election officer shall inform an individual described
524	524	2 by subsection (a)(1) or (a)(2) that the individual may cast a provisional
525	525	3 ballot if the individual:
526	526	4 (1) is eligible to vote under IC 3-7-13-1;
527	527	5 (2) submitted a voter registration application during the
528	528	6 registration period described by IC 3-7-13-10; and
529	529	7 (3) executes an affidavit described in IC 3-10-1-9 or IC 3-11-8-23.
530	530	8 (d) A precinct election officer shall inform an individual described
531	531	9 by subsection (a)(3) that the individual may cast a provisional ballot.
532	532	10 SECTION 16. IC 3-12-4-6 IS AMENDED TO READ AS
533	533	11 FOLLOWS [EFFECTIVE JANUARY 1, 2023]: Sec. 6. (a) At 6 p.m.
534	534	12 the close of the polls on each election day, the county election board
535	535	13 shall assemble in a room to canvass the certificates, poll lists, and tally
536	536	14 papers returned by each inspector in the county and to declare the
537	537	15 results of the election as provided in this chapter.
538	538	16 (b) The canvassing must be performed in public under IC 5-14-1.5.
539	539	17 However, the board may restrict access to parts of the room where
540	540	18 election material is being handled or transported to safeguard the
541	541	19 material.
542	542	20 (c) Except as provided in section 7 of this chapter, the county
543	543	21 executive shall provide a room in the courthouse that contains adequate
544	544	22 space to permit members of the public to witness the canvassing of
545	545	23 votes.
546	546	2022 IN 1364—LS 6371/DI 75