Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 328
AN ACT to amend the Indiana Code concerning elections.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 3-6-4.2-14, AS AMENDED BY P.L.141-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
DECEMBER 1, 2021 (RETROACTIVE)]: Sec. 14. (a) Each year in
which a general or municipal election is held, the election division
shall call a meeting of all the members of the county election boards,
the boards of registration (subject to IC 3-7-12), and the boards of
elections and registration (as defined in IC 3-5-2-5.3) to instruct them
regarding all of the following:
(1) Their duties under this title and federal law (including HAVA
and NVRA).
(2) Requirements and best practices concerning cybersecurity for
the computerized list, voting systems, and electronic poll books.
(3) Physical security for all aspects of the election process,
including voting systems, electronic poll books, absentee voting,
and polling places.
(4) Requirements and best practices to ensure that voting systems,
precinct polling places, and vote centers are accessible to voters
with disabilities.
(5) Best practices in answering voters' questions on how to vote,
including providing instructions to voters on straight ticket voting.
(b) The election division may but is not required to, call a meeting
under this section:
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(1) during a year in which a general or a municipal election is not
held; and
(2) at other times when the election division determines that
doing so is necessary or desirable.
(c) Each circuit court clerk, each member of a board of registration
established under IC 3-7-12, and each member director, assistant
director, or co-director of a board of elections and registration shall
attend a meeting called by the election division under this section. A
member of a county election board may attend a meeting called by
the election division under this section. A circuit court clerk, member
of a board of registration, or member of a board of elections and
registration may require the attendance of the following:
(1) Each of the circuit court clerk's, board of registration
member's, or board of elections and registration member's
appointed and acting chief deputies or chief assistants with
election related responsibilities.
(2) If the number of deputies or assistants:
(A) is not more than three (3), one (1) of the clerk's or
member's appointed and acting deputies or assistants; or
(B) is greater than three (3), two (2) of the clerk's or member's
appointed and acting deputies or assistants.
(d) The election division shall set the time and place of the
instructional meeting. In years in which a primary election is held, the
election division:
(1) may conduct the meeting before the first day of the year; and
(2) shall conduct the meeting before primary election day.
The instructional meeting may not last for more than two (2) three (3)
days.
(e) This subsection applies to a meeting under subsection (c)
conducted before January 1, 2022. Each individual required to attend
the meeting under subsection (c) and an individual who has been
elected or selected to serve as circuit court clerk but has not yet begun
serving in that office is entitled to receive all of the following from the
county general fund without appropriation:
(1) A per diem of twenty-four dollars ($24) for attending the
instructional meeting called by the election division under this
section.
(2) A mileage allowance at the state rate for the distance
necessarily traveled in going and returning from the place of the
instructional meeting called by the election division under this
section.
(3) Reimbursement for the payment of the instructional meeting
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registration fee.
(4) An allowance for lodging for each night preceding conference
attendance equal to the lodging allowance provided to state
employees in travel status.
Payment of a per diem, mileage allowance, reimbursement, or
lodging allowance under this section for a meeting conducted
before January 1, 2022 is legalized and validated.
(f) This subsection applies to a meeting under subsection (c)
conducted on or after January 1, 2022. Each individual who
attends the meeting under subsection (c) and an individual who has
been elected or selected to serve a circuit court clerk but has not
yet begun serving in that office is entitled to receive all of the
following from the county general fund without appropriation:
(1) A sum for mileage at a rate determined by the fiscal body
of the unit the official represents for each mile necessarily
traveled in going to and returning from the meeting by the
most expeditious route. Regardless of the duration of the
conference, only one (1) mileage reimbursement shall be
allowed to the official furnishing the conveyance even if the
official transports more than one (1) person.
(2) An allowance for lodging for each night preceding
conference attendance in an amount equal to the single room
rate. However, lodging expense, in the case of a one (1) day
conference, shall only be allowed for persons who reside fifty
(50) miles or farther from the conference location.
(3) Reimbursement of an official, a deputy, or an assistant in
an amount determined by the fiscal body of the unit the
official, deputy, or assistant represents, for meals purchased
while attending a conference called under this section.
(g) This subsection applies to a meeting conducted on or after
January 1, 2022. The election division shall certify the number of
days of attendance and the mileage for each conference to each
official, deputy, or assistant attending any conference under this
section.
(h) This subsection applies to a meeting conducted on or after
January 1, 2022. All payments of mileage and lodging shall be
made by the proper disbursing officer in the manner provided by
law on a duly verified claim or voucher to which shall be attached
the certificate of the election division showing the number of days
attended and the number of miles traveled. All payments shall be
made from the county general fund from any money not otherwise
appropriated and without any previous appropriation being made
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therefore.
(i) This subsection applies to a meeting conducted on or after
January 1, 2022. A claim for reimbursement under this section
may not be denied by the body responsible for the approval of
claims if the claim complies with IC 5-11-10-1.6 and this section.
SECTION 2. IC 3-10-1-31.1, AS AMENDED BY P.L.193-2021,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 31.1. (a) The inspector of each precinct shall
deliver the bags required by section 30(a) and 30(c) of this chapter in
good condition, together with poll lists, tally sheets, and other forms,
to the circuit court clerk when making returns.
(b) Except for unused ballots disposed of under IC 3-11-3-31 or
affidavits received by the county election board under IC 3-14-5-2 for
delivery to the foreman of a grand jury, the circuit court clerk shall seal
the ballots (including provisional ballots) and other material (including
election material related to provisional ballots) during the time allowed
to file a verified petition or cross-petition for a recount of votes or to
contest the election. Except as provided in subsection (c) and
notwithstanding any other provision of state law, after the recount or
contest filing period, the election material, including election material
related to provisional ballots (except for ballots and provisional ballots,
which remain confidential) shall be made available for copying and
inspection under IC 5-14-3. The circuit court clerk shall carefully
preserve the sealed ballots and other material for twenty-two (22)
months, as required by 52 U.S.C. 20701, after which the sealed ballots
and other material are subject to IC 5-15-6 unless an order issued
under:
(1) IC 3-12-6-19 or IC 3-12-11-16; or
(2) 52 U.S.C. 10301;
requires the continued preservation of the ballots or other material.
(c) If a petition for a recount or contest is filed, the material for that
election remains confidential until completion of the recount or contest.
(d) Upon delivery of the poll lists, the county voter registration
office shall unseal the envelopes containing the poll lists, inspect the
poll lists, and update the registration records of the county. The county
voter registration office shall use the poll lists and information on
affidavits executed under IC 3-10-10, IC 3-10-11, or IC 3-10-12 to
update the registration record to include the voter's voter identification
number if the voter's voter identification number is not already
included in the registration record. Upon completion of the inspection,
the poll list and affidavits shall be preserved with the ballots and other
materials in the manner prescribed by subsection (b) for the period
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prescribed by subsections (b) and (c).
(e) In addition to the poll lists described in subsection (d), the
county voter registration office shall use the affidavits described by
IC 3-10-10-7, IC 3-10-11-4, and IC 3-10-12-3.4 to update the
registration records of the county as soon as the affidavits are delivered
to the county voter registration office.
(f) The county voter registration office shall retain a voter's paper
registration records associated with the address at which the voter is
registered to vote until all of the following are satisfied:
(1) The voter's registration at the address stated in the voter's
registration application has been canceled.
(2) The general election immediately following the cancellation
of the voter's registration under subdivision (1) has occurred.
(3) Twenty-four (24) months have elapsed following the general
election described in subdivision (2).
(g) This subsection does not apply to ballots, including provisional
ballots. Notwithstanding subsection (b), if a county voter registration
office determines that the inspection and copying of precinct election
material would reveal the political parties, candidates, and public
questions for which an individual cast an absentee ballot, the county
voter registration office shall keep confidential only that part of the
election material necessary to protect the secrecy of the voter's ballot.
In addition, the county voter registration office shall keep confidential
information contained in material related to provisional ballots that
identifies an individual, except for the individual's name, address, and
birth date.
(h) After the expiration of the period described in subsection (b) or
(c), the ballots may be destroyed in the manner provided by
IC 3-11-3-31 or transferred to a state educational institution as
provided by IC 3-12-2-12.
(i) This subsection applies to a detachable recording unit or
compartment used to record a ballot cast on a direct record electronic
voting system. After the time allowed to file a verified petition or
cross-petition for a recount of votes or to contest the election, the
circuit court clerk shall transfer the data contained in the unit or
compartment to a disc or other recording medium. After transferring
the data, the clerk may clear or erase the unit or compartment. The
circuit court clerk shall carefully preserve the disc or medium used to
record the data for twenty-two (22) months, as required by 52 U.S.C.
20701, after which time the disc or medium may be erased or
destroyed, subject to IC 5-15-6, unless an order requiring the continued
preservation of the disc or medium is issued under the following:
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(1) IC 3-12-6-19.
(2) IC 3-12-11-16.
(3) 52 U.S.C. 10301.
(j) This subsection applies to a county using an electronic poll book.
After each election, the county shall save all data recorded on the
electronic poll book and any information stored on the dedicated,
private server required under IC 3-11-8-10.3(b)(4). The circuit court
clerk shall carefully preserve the disc or medium used to record the
data for twenty-two (22) months, as required by 52 U.S.C. 20701, after
which time the data may be erased or destroyed, subject to IC 5-15-6,
unless an order requiring the continued preservation of the data is
issued under the following:
(1) IC 3-12-6-19.
(2) IC 3-12-11-16.
(3) 52 U.S.C. 10301.
(k) This section does not prohibit county election officials from
performing post-election audits, as authorized by statute.
SECTION 3. IC 3-11-4-3, AS AMENDED BY P.L.109-2021,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) Except as provided in subsection (c) and
section 6 of this chapter, an application for an absentee ballot must be
received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
or IC 3-6-5.6, the director of the board of elections and registration) not
earlier than the date the registration period resumes under IC 3-7-13-10
nor later than the following:
(1) Noon on election day if the voter registers to vote under
IC 3-7-36-14.
(2) Noon on the day before election day if the voter:
(A) completes the application in the office of the circuit court
clerk under IC 3-11-10-26; or
(B) is an absent uniformed services voter or overseas voter
who requests that the ballot be transmitted by electronic mail
or fax under section 6(h) of this chapter.
(3) Noon on the day before election day if:
(A) the application is a mailed, transmitted by electronic mail
or fax, or hand delivered application from a confined voter or
voter caring for a confined person; and
(B) the applicant requests that the absentee ballots be
delivered to the applicant by an absentee voter board under
IC 3-11-10-25.
(4) 11:59 p.m. twelve (12) days before election day if the
application is:
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(A) a mailed application;
(B) transmitted by electronic mail;
(C) transmitted by fax; or
(D) hand delivered;
from other voters who request to vote by mail under
IC 3-11-10-24 or for a voter with print disabilities to vote by
electronic mail or fax under section 6(h) of this chapter.
(b) An application for an absentee ballot received by the election
division by the time and date specified by subsection (a)(2)(B), (a)(3),
or (a)(4) is considered to have been timely received for purposes of
processing by the county. The election division shall immediately
transmit the application to the circuit court clerk, or the director of the
board of elections and registration, of the county where the applicant
resides. The election division is not required to complete or file the
affidavit required under section 2(h) of this chapter whenever the
election division transmits an application under this subsection.
(c) An application for an absentee ballot for the election may not be
received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
or IC 3-6-5.6, the director of the board of elections and registration)
earlier than December 1 of the year before the election.
SECTION 4. IC 3-14-2-31 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 31. Except for casting a replacement ballot
in accordance with this title, a voter who knowingly or
intentionally votes more than one (1) ballot in the same election
commits a Level 6 felony.
SECTION 5. IC 35-52-3-43.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 43.5. IC 3-14-2-31 defines a
crime concerning voting.
SECTION 6. An emergency is declared for this act.
SEA 328 — CC 1 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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