Indiana 2022 Regular Session

Indiana Senate Bill SB0328 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0328.2
	2	+	Reprinted
	3	+	February 18, 2022
	4	+	ENGROSSED
	5	+	SENATE BILL No. 328
	6	+	_____
	7	+	DIGEST OF SB 328 (Updated February 17, 2022 1:05 pm - DI 75)
	8	+	Citations Affected: IC 3-6; IC 3-8; IC 3-10; IC 3-11; IC 3-14;
	9	+	IC 35-52.
	10	+	Synopsis: Elections. Requires the director, assistant director, or co-
	11	+	director of a board of elections and registration (rather than a member
	12	+	of the board) to attend a meeting called by the election division. Allows
	13	+	a member of a county election board to attend a meeting called by the
	14	+	election division. Provides reimbursement for the individuals who
	15	+	attend the meeting (current law only provides reimbursement for those
	16	+	required to attend). Makes changes to the county election officials
	17	+	instructional meeting, including duration, compensation and expenses.
	18	+	(Continued next page)
	19	+	Effective: Upon passage; December 1, 2021 (retroactive); July 1,
	20	+	2022.
	21	+	Ford Jon, Rogers
	22	+	(HOUSE SPONSORS — WESCO, MORRISON)
	23	+	January 11, 2022, read first time and referred to Committee on Elections.
	24	+	January 20, 2022, reported favorably — Do Pass.
	25	+	January 31, 2022, read second time, amended, ordered engrossed.
	26	+	February 1, 2022, engrossed. Read third time, passed. Yeas 41, nays 8.
	27	+	HOUSE ACTION
	28	+	February 8, 2022, read first time and referred to Committee on Elections and
	29	+	Apportionment.
	30	+	February 15, 2022, amended, reported — Do Pass.
	31	+	February 17, 2022, read second time, amended, ordered engrossed.
	32	+	ES 328—LS 7056/DI 131 Digest Continued
	33	+	Provides that the county chairman of a political party in Marion County
	34	+	may not hold a local office or be a candidate for a local office. Provides
	35	+	that record retention under seal does not prevent counties from
	36	+	conducting post-election audits as authorized by statute. Provides that
	37	+	a voter with print disabilities who chooses to vote by electronic mail
	38	+	must have the voter's absentee ballot application submitted to the
	39	+	circuit court clerk not later than 11:59 p.m. 12 days before election day.
	40	+	Provides that except for casting a replacement ballot under election
	41	+	law, a voter who knowingly or intentionally votes more than one ballot
	42	+	in the same election commits a Level 6 felony. Makes a technical
	43	+	correction.
	44	+	ES 328—LS 7056/DI 131ES 328—LS 7056/DI 131 Reprinted
	45	+	February 18, 2022
1	46		Second Regular Session of the 122nd General Assembly (2022)
2	47		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	48		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	49		additions will appear in this style type, and deletions will appear in this style type.
5	50		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	51		provision adopted), the text of the new provision will appear in this style type. Also, the
7	52		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	53		a new provision to the Indiana Code or the Indiana Constitution.
9	54		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	55		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 328
12		-	AN ACT to amend the Indiana Code concerning elections.
	56	+	ENGROSSED
	57	+	SENATE BILL No. 328
	58	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	59	+	elections.
13	60		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 3-6-4.2-14, AS AMENDED BY P.L.141-2020,
15		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	DECEMBER 1, 2021 (RETROACTIVE)]: Sec. 14. (a) Each year in
17		-	which a general or municipal election is held, the election division
18		-	shall call a meeting of all the members of the county election boards,
19		-	the boards of registration (subject to IC 3-7-12), and the boards of
20		-	elections and registration (as defined in IC 3-5-2-5.3) to instruct them
21		-	regarding all of the following:
22		-	(1) Their duties under this title and federal law (including HAVA
23		-	and NVRA).
24		-	(2) Requirements and best practices concerning cybersecurity for
25		-	the computerized list, voting systems, and electronic poll books.
26		-	(3) Physical security for all aspects of the election process,
27		-	including voting systems, electronic poll books, absentee voting,
28		-	and polling places.
29		-	(4) Requirements and best practices to ensure that voting systems,
30		-	precinct polling places, and vote centers are accessible to voters
31		-	with disabilities.
32		-	(5) Best practices in answering voters' questions on how to vote,
33		-	including providing instructions to voters on straight ticket voting.
34		-	(b) The election division may but is not required to, call a meeting
35		-	under this section:
36		-	SEA 328 — CC 1 2
37		-	(1) during a year in which a general or a municipal election is not
38		-	held; and
39		-	(2) at other times when the election division determines that
40		-	doing so is necessary or desirable.
41		-	(c) Each circuit court clerk, each member of a board of registration
42		-	established under IC 3-7-12, and each member director, assistant
43		-	director, or co-director of a board of elections and registration shall
44		-	attend a meeting called by the election division under this section. A
45		-	member of a county election board may attend a meeting called by
46		-	the election division under this section. A circuit court clerk, member
47		-	of a board of registration, or member of a board of elections and
48		-	registration may require the attendance of the following:
49		-	(1) Each of the circuit court clerk's, board of registration
50		-	member's, or board of elections and registration member's
51		-	appointed and acting chief deputies or chief assistants with
52		-	election related responsibilities.
53		-	(2) If the number of deputies or assistants:
54		-	(A) is not more than three (3), one (1) of the clerk's or
55		-	member's appointed and acting deputies or assistants; or
56		-	(B) is greater than three (3), two (2) of the clerk's or member's
57		-	appointed and acting deputies or assistants.
58		-	(d) The election division shall set the time and place of the
59		-	instructional meeting. In years in which a primary election is held, the
60		-	election division:
61		-	(1) may conduct the meeting before the first day of the year; and
62		-	(2) shall conduct the meeting before primary election day.
63		-	The instructional meeting may not last for more than two (2) three (3)
64		-	days.
65		-	(e) This subsection applies to a meeting under subsection (c)
66		-	conducted before January 1, 2022. Each individual required to attend
67		-	the meeting under subsection (c) and an individual who has been
68		-	elected or selected to serve as circuit court clerk but has not yet begun
69		-	serving in that office is entitled to receive all of the following from the
70		-	county general fund without appropriation:
71		-	(1) A per diem of twenty-four dollars ($24) for attending the
72		-	instructional meeting called by the election division under this
73		-	section.
74		-	(2) A mileage allowance at the state rate for the distance
75		-	necessarily traveled in going and returning from the place of the
76		-	instructional meeting called by the election division under this
77		-	section.
78		-	(3) Reimbursement for the payment of the instructional meeting
79		-	SEA 328 — CC 1 3
80		-	registration fee.
81		-	(4) An allowance for lodging for each night preceding conference
82		-	attendance equal to the lodging allowance provided to state
83		-	employees in travel status.
84		-	Payment of a per diem, mileage allowance, reimbursement, or
85		-	lodging allowance under this section for a meeting conducted
86		-	before January 1, 2022 is legalized and validated.
87		-	(f) This subsection applies to a meeting under subsection (c)
88		-	conducted on or after January 1, 2022. Each individual who
89		-	attends the meeting under subsection (c) and an individual who has
90		-	been elected or selected to serve a circuit court clerk but has not
91		-	yet begun serving in that office is entitled to receive all of the
92		-	following from the county general fund without appropriation:
93		-	(1) A sum for mileage at a rate determined by the fiscal body
94		-	of the unit the official represents for each mile necessarily
95		-	traveled in going to and returning from the meeting by the
96		-	most expeditious route. Regardless of the duration of the
97		-	conference, only one (1) mileage reimbursement shall be
98		-	allowed to the official furnishing the conveyance even if the
99		-	official transports more than one (1) person.
100		-	(2) An allowance for lodging for each night preceding
101		-	conference attendance in an amount equal to the single room
102		-	rate. However, lodging expense, in the case of a one (1) day
103		-	conference, shall only be allowed for persons who reside fifty
104		-	(50) miles or farther from the conference location.
105		-	(3) Reimbursement of an official, a deputy, or an assistant in
106		-	an amount determined by the fiscal body of the unit the
107		-	official, deputy, or assistant represents, for meals purchased
108		-	while attending a conference called under this section.
109		-	(g) This subsection applies to a meeting conducted on or after
110		-	January 1, 2022. The election division shall certify the number of
111		-	days of attendance and the mileage for each conference to each
112		-	official, deputy, or assistant attending any conference under this
113		-	section.
114		-	(h) This subsection applies to a meeting conducted on or after
115		-	January 1, 2022. All payments of mileage and lodging shall be
116		-	made by the proper disbursing officer in the manner provided by
117		-	law on a duly verified claim or voucher to which shall be attached
118		-	the certificate of the election division showing the number of days
119		-	attended and the number of miles traveled. All payments shall be
120		-	made from the county general fund from any money not otherwise
121		-	appropriated and without any previous appropriation being made
122		-	SEA 328 — CC 1 4
123		-	therefore.
124		-	(i) This subsection applies to a meeting conducted on or after
125		-	January 1, 2022. A claim for reimbursement under this section
126		-	may not be denied by the body responsible for the approval of
127		-	claims if the claim complies with IC 5-11-10-1.6 and this section.
128		-	SECTION 2. IC 3-10-1-31.1, AS AMENDED BY P.L.193-2021,
129		-	SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
130		-	UPON PASSAGE]: Sec. 31.1. (a) The inspector of each precinct shall
131		-	deliver the bags required by section 30(a) and 30(c) of this chapter in
132		-	good condition, together with poll lists, tally sheets, and other forms,
133		-	to the circuit court clerk when making returns.
134		-	(b) Except for unused ballots disposed of under IC 3-11-3-31 or
135		-	affidavits received by the county election board under IC 3-14-5-2 for
136		-	delivery to the foreman of a grand jury, the circuit court clerk shall seal
137		-	the ballots (including provisional ballots) and other material (including
138		-	election material related to provisional ballots) during the time allowed
139		-	to file a verified petition or cross-petition for a recount of votes or to
140		-	contest the election. Except as provided in subsection (c) and
141		-	notwithstanding any other provision of state law, after the recount or
142		-	contest filing period, the election material, including election material
143		-	related to provisional ballots (except for ballots and provisional ballots,
144		-	which remain confidential) shall be made available for copying and
145		-	inspection under IC 5-14-3. The circuit court clerk shall carefully
146		-	preserve the sealed ballots and other material for twenty-two (22)
147		-	months, as required by 52 U.S.C. 20701, after which the sealed ballots
148		-	and other material are subject to IC 5-15-6 unless an order issued
149		-	under:
150		-	(1) IC 3-12-6-19 or IC 3-12-11-16; or
151		-	(2) 52 U.S.C. 10301;
152		-	requires the continued preservation of the ballots or other material.
153		-	(c) If a petition for a recount or contest is filed, the material for that
154		-	election remains confidential until completion of the recount or contest.
155		-	(d) Upon delivery of the poll lists, the county voter registration
156		-	office shall unseal the envelopes containing the poll lists, inspect the
157		-	poll lists, and update the registration records of the county. The county
158		-	voter registration office shall use the poll lists and information on
159		-	affidavits executed under IC 3-10-10, IC 3-10-11, or IC 3-10-12 to
160		-	update the registration record to include the voter's voter identification
161		-	number if the voter's voter identification number is not already
162		-	included in the registration record. Upon completion of the inspection,
163		-	the poll list and affidavits shall be preserved with the ballots and other
164		-	materials in the manner prescribed by subsection (b) for the period
165		-	SEA 328 — CC 1 5
166		-	prescribed by subsections (b) and (c).
167		-	(e) In addition to the poll lists described in subsection (d), the
168		-	county voter registration office shall use the affidavits described by
169		-	IC 3-10-10-7, IC 3-10-11-4, and IC 3-10-12-3.4 to update the
170		-	registration records of the county as soon as the affidavits are delivered
171		-	to the county voter registration office.
172		-	(f) The county voter registration office shall retain a voter's paper
173		-	registration records associated with the address at which the voter is
174		-	registered to vote until all of the following are satisfied:
175		-	(1) The voter's registration at the address stated in the voter's
176		-	registration application has been canceled.
177		-	(2) The general election immediately following the cancellation
178		-	of the voter's registration under subdivision (1) has occurred.
179		-	(3) Twenty-four (24) months have elapsed following the general
180		-	election described in subdivision (2).
181		-	(g) This subsection does not apply to ballots, including provisional
182		-	ballots. Notwithstanding subsection (b), if a county voter registration
183		-	office determines that the inspection and copying of precinct election
184		-	material would reveal the political parties, candidates, and public
185		-	questions for which an individual cast an absentee ballot, the county
186		-	voter registration office shall keep confidential only that part of the
187		-	election material necessary to protect the secrecy of the voter's ballot.
188		-	In addition, the county voter registration office shall keep confidential
189		-	information contained in material related to provisional ballots that
190		-	identifies an individual, except for the individual's name, address, and
191		-	birth date.
192		-	(h) After the expiration of the period described in subsection (b) or
193		-	(c), the ballots may be destroyed in the manner provided by
194		-	IC 3-11-3-31 or transferred to a state educational institution as
195		-	provided by IC 3-12-2-12.
196		-	(i) This subsection applies to a detachable recording unit or
197		-	compartment used to record a ballot cast on a direct record electronic
198		-	voting system. After the time allowed to file a verified petition or
199		-	cross-petition for a recount of votes or to contest the election, the
200		-	circuit court clerk shall transfer the data contained in the unit or
201		-	compartment to a disc or other recording medium. After transferring
202		-	the data, the clerk may clear or erase the unit or compartment. The
203		-	circuit court clerk shall carefully preserve the disc or medium used to
204		-	record the data for twenty-two (22) months, as required by 52 U.S.C.
205		-	20701, after which time the disc or medium may be erased or
206		-	destroyed, subject to IC 5-15-6, unless an order requiring the continued
207		-	preservation of the disc or medium is issued under the following:
208		-	SEA 328 — CC 1 6
209		-	(1) IC 3-12-6-19.
210		-	(2) IC 3-12-11-16.
211		-	(3) 52 U.S.C. 10301.
212		-	(j) This subsection applies to a county using an electronic poll book.
213		-	After each election, the county shall save all data recorded on the
214		-	electronic poll book and any information stored on the dedicated,
215		-	private server required under IC 3-11-8-10.3(b)(4). The circuit court
216		-	clerk shall carefully preserve the disc or medium used to record the
217		-	data for twenty-two (22) months, as required by 52 U.S.C. 20701, after
218		-	which time the data may be erased or destroyed, subject to IC 5-15-6,
219		-	unless an order requiring the continued preservation of the data is
220		-	issued under the following:
221		-	(1) IC 3-12-6-19.
222		-	(2) IC 3-12-11-16.
223		-	(3) 52 U.S.C. 10301.
224		-	(k) This section does not prohibit county election officials from
225		-	performing post-election audits, as authorized by statute.
226		-	SECTION 3. IC 3-11-4-3, AS AMENDED BY P.L.109-2021,
227		-	SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
228		-	JULY 1, 2022]: Sec. 3. (a) Except as provided in subsection (c) and
229		-	section 6 of this chapter, an application for an absentee ballot must be
230		-	received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
231		-	or IC 3-6-5.6, the director of the board of elections and registration) not
232		-	earlier than the date the registration period resumes under IC 3-7-13-10
233		-	nor later than the following:
234		-	(1) Noon on election day if the voter registers to vote under
235		-	IC 3-7-36-14.
236		-	(2) Noon on the day before election day if the voter:
237		-	(A) completes the application in the office of the circuit court
238		-	clerk under IC 3-11-10-26; or
239		-	(B) is an absent uniformed services voter or overseas voter
240		-	who requests that the ballot be transmitted by electronic mail
241		-	or fax under section 6(h) of this chapter.
242		-	(3) Noon on the day before election day if:
243		-	(A) the application is a mailed, transmitted by electronic mail
244		-	or fax, or hand delivered application from a confined voter or
245		-	voter caring for a confined person; and
246		-	(B) the applicant requests that the absentee ballots be
247		-	delivered to the applicant by an absentee voter board under
248		-	IC 3-11-10-25.
249		-	(4) 11:59 p.m. twelve (12) days before election day if the
250		-	application is:
251		-	SEA 328 — CC 1 7
252		-	(A) a mailed application;
253		-	(B) transmitted by electronic mail;
254		-	(C) transmitted by fax; or
255		-	(D) hand delivered;
256		-	from other voters who request to vote by mail under
257		-	IC 3-11-10-24 or for a voter with print disabilities to vote by
258		-	electronic mail or fax under section 6(h) of this chapter.
259		-	(b) An application for an absentee ballot received by the election
260		-	division by the time and date specified by subsection (a)(2)(B), (a)(3),
261		-	or (a)(4) is considered to have been timely received for purposes of
262		-	processing by the county. The election division shall immediately
263		-	transmit the application to the circuit court clerk, or the director of the
264		-	board of elections and registration, of the county where the applicant
265		-	resides. The election division is not required to complete or file the
266		-	affidavit required under section 2(h) of this chapter whenever the
267		-	election division transmits an application under this subsection.
268		-	(c) An application for an absentee ballot for the election may not be
269		-	received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
270		-	or IC 3-6-5.6, the director of the board of elections and registration)
271		-	earlier than December 1 of the year before the election.
272		-	SECTION 4. IC 3-14-2-31 IS ADDED TO THE INDIANA CODE
	61	+	1 SECTION 1. IC 3-6-4.2-14, AS AMENDED BY P.L.141-2020,
	62	+	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	63	+	3 DECEMBER 1, 2021 (RETROACTIVE)]: Sec. 14. (a) Each year in
	64	+	4 which a general or municipal election is held, the election division
	65	+	5 shall call a meeting of all the members of the county election boards,
	66	+	6 the boards of registration (subject to IC 3-7-12), and the boards of
	67	+	7 elections and registration (as defined in IC 3-5-2-5.3) to instruct them
	68	+	8 regarding all of the following:
	69	+	9 (1) Their duties under this title and federal law (including HAVA
	70	+	10 and NVRA).
	71	+	11 (2) Requirements and best practices concerning cybersecurity for
	72	+	12 the computerized list, voting systems, and electronic poll books.
	73	+	13 (3) Physical security for all aspects of the election process,
	74	+	14 including voting systems, electronic poll books, absentee voting,
	75	+	15 and polling places.
	76	+	ES 328—LS 7056/DI 131 2
	77	+	1 (4) Requirements and best practices to ensure that voting systems,
	78	+	2 precinct polling places, and vote centers are accessible to voters
	79	+	3 with disabilities.
	80	+	4 (5) Best practices in answering voters' questions on how to vote,
	81	+	5 including providing instructions to voters on straight ticket voting.
	82	+	6 (b) The election division may but is not required to, call a meeting
	83	+	7 under this section:
	84	+	8 (1) during a year in which a general or a municipal election is not
	85	+	9 held; and
	86	+	10 (2) at other times when the election division determines that
	87	+	11 doing so is necessary or desirable.
	88	+	12 (c) Each circuit court clerk, each member of a board of registration
	89	+	13 established under IC 3-7-12, and each member director, assistant
	90	+	14 director, or co-director of a board of elections and registration shall
	91	+	15 attend a meeting called by the election division under this section. A
	92	+	16 member of a county election board may attend a meeting called by
	93	+	17 the election division under this section. A circuit court clerk, member
	94	+	18 of a board of registration, or member of a board of elections and
	95	+	19 registration may require the attendance of the following:
	96	+	20 (1) Each of the circuit court clerk's, board of registration
	97	+	21 member's, or board of elections and registration member's
	98	+	22 appointed and acting chief deputies or chief assistants with
	99	+	23 election related responsibilities.
	100	+	24 (2) If the number of deputies or assistants:
	101	+	25 (A) is not more than three (3), one (1) of the clerk's or
	102	+	26 member's appointed and acting deputies or assistants; or
	103	+	27 (B) is greater than three (3), two (2) of the clerk's or member's
	104	+	28 appointed and acting deputies or assistants.
	105	+	29 (d) The election division shall set the time and place of the
	106	+	30 instructional meeting. In years in which a primary election is held, the
	107	+	31 election division:
	108	+	32 (1) may conduct the meeting before the first day of the year; and
	109	+	33 (2) shall conduct the meeting before primary election day.
	110	+	34 The instructional meeting may not last for more than two (2) three (3)
	111	+	35 days.
	112	+	36 (e) This subsection applies to a meeting under subsection (c)
	113	+	37 conducted before January 1, 2022. Each individual required to attend
	114	+	38 the meeting under subsection (c) and an individual who has been
	115	+	39 elected or selected to serve as circuit court clerk but has not yet begun
	116	+	40 serving in that office is entitled to receive all of the following from the
	117	+	41 county general fund without appropriation:
	118	+	42 (1) A per diem of twenty-four dollars ($24) for attending the
	119	+	ES 328—LS 7056/DI 131 3
	120	+	1 instructional meeting called by the election division under this
	121	+	2 section.
	122	+	3 (2) A mileage allowance at the state rate for the distance
	123	+	4 necessarily traveled in going and returning from the place of the
	124	+	5 instructional meeting called by the election division under this
	125	+	6 section.
	126	+	7 (3) Reimbursement for the payment of the instructional meeting
	127	+	8 registration fee.
	128	+	9 (4) An allowance for lodging for each night preceding conference
	129	+	10 attendance equal to the lodging allowance provided to state
	130	+	11 employees in travel status.
	131	+	12 Payment of a per diem, mileage allowance, reimbursement, or
	132	+	13 lodging allowance under this section for a meeting conducted
	133	+	14 before January 1, 2022 is legalized and validated.
	134	+	15 (f) This subsection applies to a meeting under subsection (c)
	135	+	16 conducted on or after January 1, 2022. Each individual who
	136	+	17 attends the meeting under subsection (c) and an individual who has
	137	+	18 been elected or selected to serve a circuit court clerk but has not
	138	+	19 yet begun serving in that office is entitled to receive all of the
	139	+	20 following from the county general fund without appropriation:
	140	+	21 (1) A sum for mileage at a rate determined by the fiscal body
	141	+	22 of the unit the official represents for each mile necessarily
	142	+	23 traveled in going to and returning from the meeting by the
	143	+	24 most expeditious route. Regardless of the duration of the
	144	+	25 conference, only one (1) mileage reimbursement shall be
	145	+	26 allowed to the official furnishing the conveyance even if the
	146	+	27 official transports more than one (1) person.
	147	+	28 (2) An allowance for lodging for each night preceding
	148	+	29 conference attendance in an amount equal to the single room
	149	+	30 rate. However, lodging expense, in the case of a one (1) day
	150	+	31 conference, shall only be allowed for persons who reside fifty
	151	+	32 (50) miles or farther from the conference location.
	152	+	33 (3) Reimbursement of an official, a deputy, or an assistant in
	153	+	34 an amount determined by the fiscal body of the unit the
	154	+	35 official, deputy, or assistant represents, for meals purchased
	155	+	36 while attending a conference called under this section.
	156	+	37 (g) This subsection applies to a meeting conducted on or after
	157	+	38 January 1, 2022. The election division shall certify the number of
	158	+	39 days of attendance and the mileage for each conference to each
	159	+	40 official, deputy, or assistant attending any conference under this
	160	+	41 section.
	161	+	42 (h) This subsection applies to a meeting conducted on or after
	162	+	ES 328—LS 7056/DI 131 4
	163	+	1 January 1, 2022. All payments of mileage and lodging shall be
	164	+	2 made by the proper disbursing officer in the manner provided by
	165	+	3 law on a duly verified claim or voucher to which shall be attached
	166	+	4 the certificate of the election division showing the number of days
	167	+	5 attended and the number of miles traveled. All payments shall be
	168	+	6 made from the county general fund from any money not otherwise
	169	+	7 appropriated and without any previous appropriation being made
	170	+	8 therefore.
	171	+	9 (i) This subsection applies to a meeting conducted on or after
	172	+	10 January 1, 2022. A claim for reimbursement under this section
	173	+	11 may not be denied by the body responsible for the approval of
	174	+	12 claims if the claim complies with IC 5-11-10-1.6 and this section.
	175	+	13 SECTION 2. IC 3-8-1-35 IS ADDED TO THE INDIANA CODE
	176	+	14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	177	+	15 UPON PASSAGE]: Sec. 35. (a) This section applies only to a local
	178	+	16 office that is a local office in a county having a consolidated city.
	179	+	17 (b) An individual who is the county chair of a political party
	180	+	18 may not do either of the following:
	181	+	19 (1) Hold a local office.
	182	+	20 (2) Be a candidate for a local office.
	183	+	21 SECTION 3. IC 3-10-1-31.1, AS AMENDED BY P.L.193-2021,
	184	+	22 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	185	+	23 UPON PASSAGE]: Sec. 31.1. (a) The inspector of each precinct shall
	186	+	24 deliver the bags required by section 30(a) and 30(c) of this chapter in
	187	+	25 good condition, together with poll lists, tally sheets, and other forms,
	188	+	26 to the circuit court clerk when making returns.
	189	+	27 (b) Except for unused ballots disposed of under IC 3-11-3-31 or
	190	+	28 affidavits received by the county election board under IC 3-14-5-2 for
	191	+	29 delivery to the foreman of a grand jury, the circuit court clerk shall seal
	192	+	30 the ballots (including provisional ballots) and other material (including
	193	+	31 election material related to provisional ballots) during the time allowed
	194	+	32 to file a verified petition or cross-petition for a recount of votes or to
	195	+	33 contest the election. Except as provided in subsection (c) and
	196	+	34 notwithstanding any other provision of state law, after the recount or
	197	+	35 contest filing period, the election material, including election material
	198	+	36 related to provisional ballots (except for ballots and provisional ballots,
	199	+	37 which remain confidential) shall be made available for copying and
	200	+	38 inspection under IC 5-14-3. The circuit court clerk shall carefully
	201	+	39 preserve the sealed ballots and other material for twenty-two (22)
	202	+	40 months, as required by 52 U.S.C. 20701, after which the sealed ballots
	203	+	41 and other material are subject to IC 5-15-6 unless an order issued
	204	+	42 under:
	205	+	ES 328—LS 7056/DI 131 5
	206	+	1 (1) IC 3-12-6-19 or IC 3-12-11-16; or
	207	+	2 (2) 52 U.S.C. 10301;
	208	+	3 requires the continued preservation of the ballots or other material.
	209	+	4 (c) If a petition for a recount or contest is filed, the material for that
	210	+	5 election remains confidential until completion of the recount or contest.
	211	+	6 (d) Upon delivery of the poll lists, the county voter registration
	212	+	7 office shall unseal the envelopes containing the poll lists, inspect the
	213	+	8 poll lists, and update the registration records of the county. The county
	214	+	9 voter registration office shall use the poll lists and information on
	215	+	10 affidavits executed under IC 3-10-10, IC 3-10-11, or IC 3-10-12 to
	216	+	11 update the registration record to include the voter's voter identification
	217	+	12 number if the voter's voter identification number is not already
	218	+	13 included in the registration record. Upon completion of the inspection,
	219	+	14 the poll list and affidavits shall be preserved with the ballots and other
	220	+	15 materials in the manner prescribed by subsection (b) for the period
	221	+	16 prescribed by subsections (b) and (c).
	222	+	17 (e) In addition to the poll lists described in subsection (d), the
	223	+	18 county voter registration office shall use the affidavits described by
	224	+	19 IC 3-10-10-7, IC 3-10-11-4, and IC 3-10-12-3.4 to update the
	225	+	20 registration records of the county as soon as the affidavits are delivered
	226	+	21 to the county voter registration office.
	227	+	22 (f) The county voter registration office shall retain a voter's paper
	228	+	23 registration records associated with the address at which the voter is
	229	+	24 registered to vote until all of the following are satisfied:
	230	+	25 (1) The voter's registration at the address stated in the voter's
	231	+	26 registration application has been canceled.
	232	+	27 (2) The general election immediately following the cancellation
	233	+	28 of the voter's registration under subdivision (1) has occurred.
	234	+	29 (3) Twenty-four (24) months have elapsed following the general
	235	+	30 election described in subdivision (2).
	236	+	31 (g) This subsection does not apply to ballots, including provisional
	237	+	32 ballots. Notwithstanding subsection (b), if a county voter registration
	238	+	33 office determines that the inspection and copying of precinct election
	239	+	34 material would reveal the political parties, candidates, and public
	240	+	35 questions for which an individual cast an absentee ballot, the county
	241	+	36 voter registration office shall keep confidential only that part of the
	242	+	37 election material necessary to protect the secrecy of the voter's ballot.
	243	+	38 In addition, the county voter registration office shall keep confidential
	244	+	39 information contained in material related to provisional ballots that
	245	+	40 identifies an individual, except for the individual's name, address, and
	246	+	41 birth date.
	247	+	42 (h) After the expiration of the period described in subsection (b) or
	248	+	ES 328—LS 7056/DI 131 6
	249	+	1 (c), the ballots may be destroyed in the manner provided by
	250	+	2 IC 3-11-3-31 or transferred to a state educational institution as
	251	+	3 provided by IC 3-12-2-12.
	252	+	4 (i) This subsection applies to a detachable recording unit or
	253	+	5 compartment used to record a ballot cast on a direct record electronic
	254	+	6 voting system. After the time allowed to file a verified petition or
	255	+	7 cross-petition for a recount of votes or to contest the election, the
	256	+	8 circuit court clerk shall transfer the data contained in the unit or
	257	+	9 compartment to a disc or other recording medium. After transferring
	258	+	10 the data, the clerk may clear or erase the unit or compartment. The
	259	+	11 circuit court clerk shall carefully preserve the disc or medium used to
	260	+	12 record the data for twenty-two (22) months, as required by 52 U.S.C.
	261	+	13 20701, after which time the disc or medium may be erased or
	262	+	14 destroyed, subject to IC 5-15-6, unless an order requiring the continued
	263	+	15 preservation of the disc or medium is issued under the following:
	264	+	16 (1) IC 3-12-6-19.
	265	+	17 (2) IC 3-12-11-16.
	266	+	18 (3) 52 U.S.C. 10301.
	267	+	19 (j) This subsection applies to a county using an electronic poll book.
	268	+	20 After each election, the county shall save all data recorded on the
	269	+	21 electronic poll book and any information stored on the dedicated,
	270	+	22 private server required under IC 3-11-8-10.3(b)(4). The circuit court
	271	+	23 clerk shall carefully preserve the disc or medium used to record the
	272	+	24 data for twenty-two (22) months, as required by 52 U.S.C. 20701, after
	273	+	25 which time the data may be erased or destroyed, subject to IC 5-15-6,
	274	+	26 unless an order requiring the continued preservation of the data is
	275	+	27 issued under the following:
	276	+	28 (1) IC 3-12-6-19.
	277	+	29 (2) IC 3-12-11-16.
	278	+	30 (3) 52 U.S.C. 10301.
	279	+	31 (k) This section does not prohibit county election officials from
	280	+	32 performing post-election audits, as authorized by statute.
	281	+	33 SECTION 4. IC 3-11-4-3, AS AMENDED BY P.L.109-2021,
	282	+	34 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	283	+	35 JULY 1, 2022]: Sec. 3. (a) Except as provided in subsection (c) and
	284	+	36 section 6 of this chapter, an application for an absentee ballot must be
	285	+	37 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
	286	+	38 or IC 3-6-5.6, the director of the board of elections and registration) not
	287	+	39 earlier than the date the registration period resumes under IC 3-7-13-10
	288	+	40 nor later than the following:
	289	+	41 (1) Noon on election day if the voter registers to vote under
	290	+	42 IC 3-7-36-14.
	291	+	ES 328—LS 7056/DI 131 7
	292	+	1 (2) Noon on the day before election day if the voter:
	293	+	2 (A) completes the application in the office of the circuit court
	294	+	3 clerk under IC 3-11-10-26; or
	295	+	4 (B) is an absent uniformed services voter or overseas voter
	296	+	5 who requests that the ballot be transmitted by electronic mail
	297	+	6 or fax under section 6(h) of this chapter.
	298	+	7 (3) Noon on the day before election day if:
	299	+	8 (A) the application is a mailed, transmitted by electronic mail
	300	+	9 or fax, or hand delivered application from a confined voter or
	301	+	10 voter caring for a confined person; and
	302	+	11 (B) the applicant requests that the absentee ballots be
	303	+	12 delivered to the applicant by an absentee voter board under
	304	+	13 IC 3-11-10-25.
	305	+	14 (4) 11:59 p.m. twelve (12) days before election day if the
	306	+	15 application is:
	307	+	16 (A) a mailed application;
	308	+	17 (B) transmitted by electronic mail;
	309	+	18 (C) transmitted by fax; or
	310	+	19 (D) hand delivered;
	311	+	20 from other voters who request to vote by mail under
	312	+	21 IC 3-11-10-24 or for a voter with print disabilities to vote by
	313	+	22 electronic mail or fax under section 6(h) of this chapter.
	314	+	23 (b) An application for an absentee ballot received by the election
	315	+	24 division by the time and date specified by subsection (a)(2)(B), (a)(3),
	316	+	25 or (a)(4) is considered to have been timely received for purposes of
	317	+	26 processing by the county. The election division shall immediately
	318	+	27 transmit the application to the circuit court clerk, or the director of the
	319	+	28 board of elections and registration, of the county where the applicant
	320	+	29 resides. The election division is not required to complete or file the
	321	+	30 affidavit required under section 2(h) of this chapter whenever the
	322	+	31 election division transmits an application under this subsection.
	323	+	32 (c) An application for an absentee ballot for the election may not be
	324	+	33 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
	325	+	34 or IC 3-6-5.6, the director of the board of elections and registration)
	326	+	35 earlier than December 1 of the year before the election.
	327	+	36 SECTION 5. IC 3-14-2-31 IS ADDED TO THE INDIANA CODE
	328	+	37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	329	+	38 UPON PASSAGE]: Sec. 31. Except for casting a replacement ballot
	330	+	39 in accordance with this title, a voter who knowingly or
	331	+	40 intentionally votes more than one (1) ballot in the same election
	332	+	41 commits a Level 6 felony.
	333	+	42 SECTION 6. IC 35-52-3-43.5 IS ADDED TO THE INDIANA
	334	+	ES 328—LS 7056/DI 131 8
	335	+	1 CODE AS A NEW SECTION TO READ AS FOLLOWS
	336	+	2 [EFFECTIVE UPON PASSAGE]: Sec. 43.5. IC 3-14-2-31 defines a
	337	+	3 crime concerning voting.
	338	+	4 SECTION 7. An emergency is declared for this act.
	339	+	ES 328—LS 7056/DI 131 9
	340	+	COMMITTEE REPORT
	341	+	Madam President: The Senate Committee on Elections, to which
	342	+	was referred Senate Bill No. 328, has had the same under consideration
	343	+	and begs leave to report the same back to the Senate with the
	344	+	recommendation that said bill DO PASS.
	345	+	(Reference is to SB 328 as introduced.)
	346	+
	347	+	FORD JON, Chairperson
	348	+	Committee Vote: Yeas 7, Nays 2
	349	+	_____
	350	+	SENATE MOTION
	351	+	Madam President: I move that Senate Bill 328 be amended to read
	352	+	as follows:
	353	+	Page 1, delete lines 1 through 15.
	354	+	Delete page 2.
	355	+	Page 3, delete lines 1 through 38.
	356	+	Page 6, line 17, delete "therefor." and insert "therefore.".
	357	+	Page 6, delete lines 22 through 42.
	358	+	Delete pages 7 through 22.
	359	+	Page 23, delete lines 1 through 15.
	360	+	Page 25, delete lines 28 through 42.
	361	+	Delete pages 26 through 27.
	362	+	Page 28, delete lines 1 through 28.
	363	+	Page 29, delete lines 32 through 42.
	364	+	Delete pages 30 through 60.
	365	+	Page 61, delete lines 1 through 31.
	366	+	Page 61, line 35, after "who" insert "knowingly or intentionally".
	367	+	Page 61, delete lines 37 through 42.
	368	+	Delete pages 62 through 64.
	369	+	Page 65, delete lines 1 through 5.
	370	+	Page 65, delete lines 10 through 42.
	371	+	Delete pages 66 through 67.
	372	+	Page 68, delete lines 1 through 28.
	373	+	Renumber all SECTIONS consecutively.
	374	+	(Reference is to SB 328 as printed January 21, 2022.)
	375	+	FORD JON
	376	+	ES 328—LS 7056/DI 131 10
	377	+	SENATE MOTION
	378	+	Madam President: I move that Senate Bill 328 be amended to read
	379	+	as follows:
	380	+	Page 4, line 24, strike "member" and insert "director, assistant
	381	+	director, or co-director".
	382	+	Page 4, line 26, after "section." insert "A member of a county
	383	+	election board may attend a meeting called by the election division
	384	+	under this section.".
	385	+	Page 5, line 25, delete "required" and insert "who attends".
	386	+	Page 5, line 26, delete "to attend".
	387	+	(Reference is to SB 328 as printed January 21, 2022.)
	388	+	FORD J.D.
	389	+	_____
	390	+	COMMITTEE REPORT
	391	+	Mr. Speaker: Your Committee on Elections and Apportionment, to
	392	+	which was referred Senate Bill 328, has had the same under
	393	+	consideration and begs leave to report the same back to the House with
	394	+	the recommendation that said bill be amended as follows:
	395	+	Page 6, line 24, delete "audits." and insert "audits, as authorized
	396	+	by statute.".
	397	+	Page 6, line 40, reset in roman "or fax".
	398	+	Page 6, line 42, delete "mail," and insert "mail".
	399	+	Page 7, line 1, reset in roman "or fax,".
	400	+	Page 7, line 10, reset in roman "(C) transmitted by fax;".
	401	+	Page 7, line 11, delete "(D) (C)" and insert "(D)".
	402	+	Page 7, line 14, after "electronic mail" insert "or fax".
	403	+	and when so amended that said bill do pass.
	404	+	(Reference is to SB 328 as reprinted February 1, 2022.)
	405	+	WESCO
	406	+	Committee Vote: yeas 12, nays 0.
	407	+	ES 328—LS 7056/DI 131 11
	408	+	HOUSE MOTION
	409	+	Mr. Speaker: I move that Engrossed Senate Bill 328 be amended to
	410	+	read as follows:
	411	+	Page 4, between lines 12 and 13, begin a new paragraph and insert:
	412	+	"SECTION 2. IC 3-8-1-35 IS ADDED TO THE INDIANA CODE
273	413		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
274		-	UPON PASSAGE]: Sec. 31. Except for casting a replacement ballot
275		-	in accordance with this title, a voter who knowingly or
276		-	intentionally votes more than one (1) ballot in the same election
277		-	commits a Level 6 felony.
278		-	SECTION 5. IC 35-52-3-43.5 IS ADDED TO THE INDIANA
279		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
280		-	[EFFECTIVE UPON PASSAGE]: Sec. 43.5. IC 3-14-2-31 defines a
281		-	crime concerning voting.
282		-	SECTION 6. An emergency is declared for this act.
283		-	SEA 328 — CC 1 President of the Senate
284		-	President Pro Tempore
285		-	Speaker of the House of Representatives
286		-	Governor of the State of Indiana
287		-	Date: Time:
288		-	SEA 328 — CC 1
	414	+	UPON PASSAGE]: Sec. 35. (a) This section applies only to a local
	415	+	office that is a local office in a county having a consolidated city.
	416	+	(b) An individual who is the county chair of a political party
	417	+	may not do either of the following:
	418	+	(1) Hold a local office.
	419	+	(2) Be a candidate for a local office.".
	420	+	Renumber all SECTIONS consecutively.
	421	+	(Reference is to ESB 328 as printed February 15, 2022.)
	422	+	PRYOR
	423	+	ES 328—LS 7056/DI 131