Introduced Version
SENATE BILL No. 329
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-6-4.1-14; IC 3-11; IC 3-12-16;
IC 10-14-3-12.
Synopsis: Various election law matters. Prohibits the Indiana election
commission from doing any of the following: (1) Instituting, increasing,
or expanding vote by mail or absentee vote by mail. (2) Changing the
time, place, or manner of holding an election. Prohibits a person from
providing an absentee ballot application to an individual with the
individual's driver's license number, identification card number, unique
identifying number assigned to the voter's registration record, or last
four digits of the individual's Social Security number already printed
on the form. Requires an applicant for an absentee ballot application to
include the applicant's driver's license number and the last four digits
of the applicant's Social Security number. Requires the secretary of
state to conduct an audit of all computer equipment used at each
general election, beginning with the 2022 general election. Prohibits
the governor from changing, during a declared disaster emergency, the
time, place, or manner of holding an election.
Effective: Upon passage; July 1, 2022.
Houchin
January 11, 2022, read first time and referred to Committee on Elections.
2022 IN 329—LS 7141/DI 75 Introduced
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 329
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-6-4.1-14, AS AMENDED BY P.L.169-2015,
2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 14. (a) In addition to other duties prescribed by
4 law, the commission shall do the following:
5 (1) Administer Indiana election laws.
6 (2) Adopt rules under IC 4-22-2 to do the following:
7 (A) Govern the fair, legal, and orderly conduct of elections,
8 including the following:
9 (i) Emergency rules described in section 16 of this chapter
10 to implement a court order requiring the commission, the
11 election division, or an election board or official to
12 administer an election in a manner not authorized by this
13 title.
14 (ii) Rules (including joint rules with other agencies when
15 necessary) to implement and administer NVRA.
16 (B) Carry out IC 3-9 (campaign finance).
17 (C) Govern the establishment of precincts under IC 3-11-1.5.
2022 IN 329—LS 7141/DI 75 2
1 (D) Specify procedures and fees for the processing of an
2 application from a vendor for voting systems approval and
3 testing.
4 (3) Advise and exercise supervision over local election and
5 registration officers.
6 (b) As used in this subsection, "manner of holding an election"
7 refers to the procedure of voting and not the administrative
8 function of the commission. The commission may not do the
9 following:
10 (1) Institute, increase, or expand vote by mail or absentee vote
11 by mail.
12 (2) Change the time, place, or manner of holding an election.
13 (b) (c) This section does not divest a county election board of any
14 powers and duties imposed on the board in IC 3-6-5, except that if
15 there is a deadlock on a county election board, the county election
16 board shall submit the question to the commission for final
17 determination.
18 SECTION 2. IC 3-11-4-2, AS AMENDED BY P.L.278-2019,
19 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 2. (a) A voter who wants to vote by absentee
21 ballot must apply to the county election board for an official absentee
22 ballot. Except as provided in subsection (b), the voter must sign the
23 absentee ballot application.
24 (b) If a voter with disabilities is unable to sign the absentee ballot
25 application and the voter has not designated an individual to serve as
26 attorney in fact for the voter, the voter may designate an individual
27 eligible to assist the voter under IC 3-11-9-2(a) to sign the application
28 on behalf of the voter and add the individual's name to the application.
29 If an individual applies for an absentee ballot as the properly
30 authorized attorney in fact for a voter, the attorney in fact must attach
31 a copy of the power of attorney to the application and comply with
32 subsection (d).
33 (c) A person may provide an individual with an application for an
34 absentee ballot with the following information already printed or
35 otherwise set forth on the application when provided to the individual:
36 (1) The name of the individual.
37 (2) The voter registration address of the individual.
38 (3) The mailing address of the individual.
39 (4) The date of birth of the individual.
40 (d) A person may not provide an individual with an application for
41 an absentee ballot with the following information already printed or
42 otherwise set forth on the application when provided to the individual:
2022 IN 329—LS 7141/DI 75 3
1 (1) The address to which the absentee ballot would be mailed, if
2 different from the voter registration address of the individual.
3 (2) In a primary election, the major political party ballot requested
4 by the individual.
5 (3) In a primary or general election, the types of absentee ballots
6 requested by the individual.
7 (4) The reason why the individual is entitled to vote an absentee
8 ballot:
9 (A) by mail; or
10 (B) before an absentee voter board (other than an absentee
11 voter board located in the office of the circuit court clerk or a
12 satellite office);
13 in accordance with IC 3-11-4-18, IC 3-11-10-24, or
14 IC 3-11-10-25.
15 (5) The voter identification number of the individual. Any of the
16 following information relating to the individual:
17 (A) The individual's ten (10) digit Indiana driver's license
18 number issued under IC 9-24-11.
19 (B) The individual's ten (10) digit Indiana identification
20 card number for nondrivers issued under IC 9-24-16.
21 (C) The unique identifying number assigned to the voter's
22 registration record in the computerized list.
23 (D) The last four (4) digits of the individual's Social
24 Security number.
25 (e) If the county election board determines that an absentee ballot
26 application does not comply with subsection (d), the board shall deny
27 the application under section 17.5 of this chapter.
28 (f) An individual shall include the following information
29 described in both subdivisions (1) and (2) with the individual's
30 absentee ballot application:
31 (1) Either of the following:
32 (A) The individual's ten (10) digit Indiana driver's license
33 number issued under IC 9-24-11.
34 (B) The individual's ten (10) digit Indiana identification
35 card number for nondrivers issued under IC 9-24-16.
36 (2) A photocopy of the document from which the individual
37 provides the information under subdivision (1). If the
38 individual applies for an absentee ballot online, the individual
39 must upload an image of the document.
40 (g) The county election board shall deny any absentee ballot
41 application if the individual does not include either or both of the
42 pieces of information described in subsection (f).
2022 IN 329—LS 7141/DI 75 4
1 (f) (h) A person who assists an individual in completing any
2 information described in subsection (d) on an absentee ballot
3 application shall state under the penalties for perjury the following
4 information on the application:
5 (1) The full name, residence and mailing address, and daytime
6 and evening telephone numbers (if any) of the person providing
7 the assistance.
8 (2) The date this assistance was provided.
9 (3) That the person providing the assistance has complied with
10 Indiana laws governing the submission of absentee ballot
11 applications.
12 (4) That the person has no knowledge or reason to believe that the
13 individual submitting the application:
14 (A) is ineligible to vote or to cast an absentee ballot; or
15 (B) did not properly complete and sign the application.
16 When providing assistance to an individual, the person must, in the
17 individual's presence and with the individual's consent, provide the
18 information listed in subsection (d) if the individual is unable to do so.
19 (g) (i) This subsection does not apply to an employee of the United
20 States Postal Service or a bonded courier company acting in the
21 individual's capacity as an employee of the United States Postal Service
22 or a bonded courier company. A person who receives a completed
23 absentee ballot application from the individual who has applied for the
24 absentee ballot shall indicate on the application the date the person
25 received the application, and file the application with the appropriate
26 county election board or election division not later than:
27 (1) noon ten (10) days after the person receives the application;
28 or
29 (2) the deadline set by Indiana law for filing the application with
30 the board;
31 whichever occurs first. The election division, a county election board,
32 or a board of elections and registration shall forward an absentee ballot
33 application to the county election board or board of elections and
34 registration of the county where the individual resides.
35 (h) (j) This subsection does not apply to an employee of the United
36 States Postal Service or a bonded courier company acting in the
37 individual's capacity as an employee of the United States Postal Service
38 or a bonded courier company, or to the election division, a county
39 election board, or a board of elections and registration. A person filing
40 an absentee ballot application, other than the person's own absentee
41 ballot application, must include an affidavit with the application. The
42 affidavit must be signed by the individual who received the completed
2022 IN 329—LS 7141/DI 75 5
1 application from the applicant. The affidavit must be in a form
2 prescribed by the election division. The form must include the
3 following:
4 (1) A statement of the full name, residence and mailing address,
5 and daytime and evening telephone numbers (if any) of the person
6 submitting the application.
7 (2) A statement that the person filing the affidavit has complied
8 with Indiana laws governing the submission of absentee ballot
9 applications.
10 (3) The date (or dates) that the absentee ballot applications
11 attached to the affidavit were received.
12 (4) A statement that the person has no knowledge or reason to
13 believe that the individual whose application is to be filed:
14 (A) is ineligible to vote or to cast an absentee ballot; or
15 (B) did not properly complete and sign the application.
16 (5) A statement that the person is executing the affidavit under the
17 penalties of perjury.
18 (6) A statement setting forth the penalties for perjury.
19 (i) (k) The county election board shall record the date and time of
20 the filing of the affidavit.
21 SECTION 3. IC 3-11-4-3, AS AMENDED BY P.L.109-2021,
22 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]: Sec. 3. (a) Except as provided in subsection (c) and
24 section 6 of this chapter, an application for an absentee ballot must be
25 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
26 or IC 3-6-5.6, the director of the board of elections and registration) not
27 earlier than the date the registration period resumes under IC 3-7-13-10
28 nor later than the following:
29 (1) Noon on election day if the voter registers to vote under
30 IC 3-7-36-14.
31 (2) Noon on the day before election day if the voter:
32 (A) completes the application in the office of the circuit court
33 clerk under IC 3-11-10-26; or
34 (B) is an absent uniformed services voter or overseas voter
35 who requests that the ballot be transmitted by electronic mail
36 or fax under section 6(h) of this chapter.
37 (3) Noon on the day before election day if:
38 (A) the application is a mailed, transmitted by electronic mail
39 or fax, or hand delivered application from a confined voter or
40 voter caring for a confined person; and
41 (B) the applicant requests that the absentee ballots be
42 delivered to the applicant by an absentee voter board under
2022 IN 329—LS 7141/DI 75 6
1 IC 3-11-10-25.
2 (4) 11:59 p.m. twelve (12) days before election day if the
3 application is:
4 (A) a mailed application;
5 (B) transmitted by electronic mail;
6 (C) transmitted by fax; or
7 (D) hand delivered;
8 from other voters who request to vote by mail under
9 IC 3-11-10-24.
10 (b) An application for an absentee ballot received by the election
11 division by the time and date specified by subsection (a)(2)(B), (a)(3),
12 or (a)(4) is considered to have been timely received for purposes of
13 processing by the county. The election division shall immediately
14 transmit the application to the circuit court clerk, or the director of the
15 board of elections and registration, of the county where the applicant
16 resides. The election division is not required to complete or file the
17 affidavit required under section 2(h) 2(j) of this chapter whenever the
18 election division transmits an application under this subsection.
19 (c) An application for an absentee ballot for the election may not be
20 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
21 or IC 3-6-5.6, the director of the board of elections and registration)
22 earlier than December 1 of the year before the election.
23 SECTION 4. IC 3-11-4-5.1, AS AMENDED BY P.L.193-2021,
24 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 5.1. (a) The election division shall prescribe the
26 form of an application for an absentee ballot.
27 (b) This subsection does not apply to the form for an absentee ballot
28 application to be submitted by an absent uniformed services voter or
29 overseas voter that contains a standardized oath for those voters. The
30 form of the application for an absentee ballot must do all of the
31 following:
32 (1) Require the applicant to swear to or affirm under the penalties
33 of perjury that all of the information set forth on the application
34 is true to the best of the applicant's knowledge and belief.
35 (2) Require a person who assisted with the completion of the
36 application to swear to or affirm under the penalties of perjury the
37 statements set forth in section 2(f) 2(h) of this chapter.
38 (3) Serve as a verified statement for a voter to indicate a change
39 of name under IC 3-7-41. The form must require the applicant to
40 indicate the applicant's previous name.
41 (4) Set forth the penalties for perjury.
42 (c) The form prescribed by the election division shall require that a
2022 IN 329—LS 7141/DI 75 7
1 voter who:
2 (1) requests an absentee ballot; and
3 (2) is eligible to vote in the precinct under IC 3-10-11 or
4 IC 3-10-12;
5 must include the affidavit required by IC 3-10-11 or a written
6 affirmation described in IC 3-10-12.
7 (d) The election division shall approve absentee ballot application
8 forms that comply with this subsection and section 2(g) 2(i) of this
9 chapter and permit the applicant to indicate a change of name under
10 subsection (b). The form prescribed by the election division must
11 request that a voter who requests an absentee ballot:
12 (1) provide the last four (4) digits of the voter's Social Security
13 number; or
14 (2) state that the voter does not have a Social Security number.
15 The form must indicate that the voter's compliance with this request is
16 optional.
17 (e) An application form submitted by a voter must comply with
18 subsection (d).
19 (f) The form prescribed by the election division must include a
20 statement that permits an applicant to indicate whether:
21 (1) the applicant has been certified and is currently a participant
22 in the address confidentiality program under IC 5-26.5-2; and
23 (2) the applicant's legal address is the address set forth in the
24 applicant's voter registration.
25 If the applicant confirms these statements, the applicant may indicate
26 the address of the office of the attorney general as the address to which
27 the absentee ballot is to be mailed.
28 (g) This subsection applies to an application to receive an absentee
29 ballot:
30 (1) by mail under IC 3-11-10-24; or
31 (2) in the form of an application to vote before an absentee voter
32 board under IC 3-11-10-25 at the voter's place of confinement or
33 the residence of the voter.
34 If the voter wishes to submit an application under this section in an
35 electronic format using a module of the statewide voter registration
36 system, the voter must include a telephone number at which the voter
37 can be reached to submit the application.
38 (h) The application form for an absentee ballot must enable the
39 applicant to provide the applicant's electronic mail address. However,
40 an applicant's failure to provide an electronic mail address is not a
41 reason for denial of the absentee ballot application.
42 SECTION 5. IC 3-11-15-62 IS ADDED TO THE INDIANA CODE
2022 IN 329—LS 7141/DI 75 8
1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
2 UPON PASSAGE]: Sec. 62. (a) This section applies to any contract
3 entered into after March 31, 2022.
4 (b) As used in this section, "contract" refers to a contract
5 applicable to the hardware, software, or firmware for a voting
6 system to be provided under the contract.
7 (c) A contract relating to a voting system may not prohibit
8 access to the source code for any part of a voting system.
9 SECTION 6. IC 3-12-16 IS ADDED TO THE INDIANA CODE AS
10 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
11 PASSAGE]:
12 Chapter 16. Electronic Voting System Audit
13 Sec. 0.1. (a) As used in this section, "pilot county" refers to each
14 of the following counties:
15 (1) Boone County.
16 (2) Floyd County.
17 (3) Johnson County.
18 (4) Lake County.
19 (5) Hamilton County.
20 (6) Hancock County.
21 (7) Hendricks County.
22 (8) Porter County.
23 (9) Vanderburgh County.
24 (10) Vigo County.
25 (b) Before July 1, 2022, the secretary of state shall enter into
26 contracts to conduct an audit of all computer equipment used in
27 the 2022 general election in each of the pilot counties.
28 (c) This section expires July 1, 2023.
29 Sec. 1. (a) After December 31, 2022, the secretary of state shall
30 enter into contracts to conduct an audit of all computer equipment
31 used after each general election in each of the counties selected
32 under subsection (b).
33 (b) Before the audit, the contractor shall randomly select the
34 counties in which the audit will be conducted. The identity of the
35 counties selected for the audit is confidential until the day after the
36 date of the general election for which the audit is conducted.
37 Sec. 2. (a) A person with whom the secretary of state enters into
38 a contract under this chapter must be a voting system test lab
39 under the federal Election Assistance Commission's Testing and
40 Certification Program.
41 (b) The secretary of state may not enter into a contract under
42 this chapter with a person who is a vendor of any voting system
2022 IN 329—LS 7141/DI 75 9
1 used in Indiana.
2 Sec. 3. (a) An audit under this chapter must be a full, post
3 election audit of all computer equipment used in the general
4 election in each county selected for the audit.
5 (b) An audit under this chapter must do the following:
6 (1) Acquire forensic images of all systems.
7 (2) Investigate all systems for network connectivity before,
8 during, and after the election to determine whether
9 unauthorized access to systems was obtained or if information
10 was sent outside of the secure network environment.
11 (3) Audit voting machines, tabulators, routers, and central
12 logs.
13 (4) Any other activities that the secretary of state considers
14 relevant to the audit.
15 Sec. 4. An audit report must be submitted to each of the
16 following before December 31 of the year for which the audit was
17 conducted:
18 (1) The secretary of state.
19 (2) The attorney general.
20 (3) The chair of each of the senate and house committees with
21 jurisdiction over election matters.
22 SECTION 7. IC 10-14-3-12, AS AMENDED BY P.L.99-2021,
23 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2022]: Sec. 12. (a) The governor shall declare a disaster
25 emergency by executive order or proclamation if the governor
26 determines that a disaster has occurred or that the occurrence or the
27 threat of a disaster is imminent. The state of disaster emergency
28 continues until the governor:
29 (1) determines that the threat or danger has passed or the disaster
30 has been dealt with to the extent that emergency conditions no
31 longer exist; and
32 (2) terminates the state of disaster emergency by executive order
33 or proclamation.
34 A state of disaster emergency may not continue for longer than thirty
35 (30) days unless the state of disaster emergency is renewed by the
36 governor. The general assembly, by concurrent resolution, may
37 terminate a state of disaster emergency at any time. If the general
38 assembly terminates a state of disaster emergency under this
39 subsection, the governor shall issue an executive order or proclamation
40 ending the state of disaster emergency. All executive orders or
41 proclamations issued under this subsection must indicate the nature of
42 the disaster, the area or areas threatened, and the conditions which have
2022 IN 329—LS 7141/DI 75 10
1 brought the disaster about or that make possible termination of the state
2 of disaster emergency. An executive order or proclamation under this
3 subsection shall be disseminated promptly by means calculated to bring
4 the order's or proclamation's contents to the attention of the general
5 public. Unless the circumstances attendant upon the disaster prevent or
6 impede, an executive order or proclamation shall be promptly filed
7 with the secretary of state and with the clerk of the city or town affected
8 or with the clerk of the circuit court.
9 (b) An executive order or proclamation of a state of disaster
10 emergency:
11 (1) activates the disaster response and recovery aspects of the
12 state, local, and interjurisdictional disaster emergency plans
13 applicable to the affected political subdivision or area; and
14 (2) is authority for:
15 (A) deployment and use of any forces to which the plan or
16 plans apply; and
17 (B) use or distribution of any supplies, equipment, materials,
18 and facilities assembled, stockpiled, or arranged to be made
19 available under this chapter or under any other law relating to
20 disaster emergencies.
21 (c) During the continuance of any state of disaster emergency, the
22 governor is commander-in-chief of the organized and unorganized
23 militia and of all other forces available for emergency duty. To the
24 greatest extent practicable, the governor shall delegate or assign
25 command authority by prior arrangement embodied in appropriate
26 executive orders or regulations. This section does not restrict the
27 governor's authority to delegate or assign command authority by orders
28 issued at the time of the disaster emergency.
29 (d) In addition to the governor's other powers, and subject to
30 sections 12.5 and 12.7 of this chapter, the governor may do the
31 following while the state of emergency exists:
32 (1) Suspend the provisions of any regulatory statute prescribing
33 the procedures for conduct of state business, or the orders, rules,
34 or regulations of any state agency if strict compliance with any of
35 these provisions would in any way prevent, hinder, or delay
36 necessary action in coping with the emergency. However, this
37 subdivision does not grant the governor the power to declare
38 by executive order a different time, place, or manner for
39 holding elections, including not having the authority to
40 institute, increase, or expand vote by mail or absentee vote by
41 mail.
42 (2) Use all available resources of the state government and of
2022 IN 329—LS 7141/DI 75 11
1 each political subdivision of the state reasonably necessary to
2 cope with the disaster emergency.
3 (3) Transfer the direction, personnel, or functions of state
4 departments and agencies or units for performing or facilitating
5 emergency services.
6 (4) Subject to any applicable requirements for compensation
7 under section 31 of this chapter, commandeer or use any private
8 property if the governor finds this action necessary to cope with
9 the disaster emergency.
10 (5) Assist in the evacuation of all or part of the population from
11 any stricken or threatened area in Indiana if the governor
12 considers this action necessary for the preservation of life or other
13 disaster mitigation, response, or recovery.
14 (6) Prescribe routes, modes of transportation, and destinations in
15 connection with evacuation.
16 (7) Control ingress to and egress from a disaster area, the
17 movement of persons within the area, and the occupancy of
18 premises in the area.
19 (8) Suspend or limit the sale, dispensing, or transportation of
20 alcoholic beverages, explosives, and combustibles.
21 (9) Make provision for the availability and use of temporary
22 emergency housing.
23 (10) Allow persons who:
24 (A) are registered as volunteer health practitioners by an
25 approved registration system under IC 10-14-3.5; or
26 (B) hold a license to practice:
27 (i) medicine;
28 (ii) dentistry;
29 (iii) pharmacy;
30 (iv) nursing;
31 (v) engineering;
32 (vi) veterinary medicine;
33 (vii) mortuary service; and
34 (viii) similar other professions as may be specified by the
35 governor;
36 to practice their respective profession in Indiana during the period
37 of the state of emergency if the state in which a person's license
38 or registration was issued has a mutual aid compact for
39 emergency management with Indiana.
40 (11) Give specific authority to allocate drugs, foodstuffs, and
41 other essential materials and services.
42 SECTION 8. An emergency is declared for this act.
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