Indiana 2022 Regular Session

Indiana Senate Bill SB0329 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 329
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-6-4.1-14; IC 3-11; IC 3-12-16;
7	7	IC 10-14-3-12.
8	8	Synopsis: Various election law matters. Prohibits the Indiana election
9	9	commission from doing any of the following: (1) Instituting, increasing,
10	10	or expanding vote by mail or absentee vote by mail. (2) Changing the
11	11	time, place, or manner of holding an election. Prohibits a person from
12	12	providing an absentee ballot application to an individual with the
13	13	individual's driver's license number, identification card number, unique
14	14	identifying number assigned to the voter's registration record, or last
15	15	four digits of the individual's Social Security number already printed
16	16	on the form. Requires an applicant for an absentee ballot application to
17	17	include the applicant's driver's license number and the last four digits
18	18	of the applicant's Social Security number. Requires the secretary of
19	19	state to conduct an audit of all computer equipment used at each
20	20	general election, beginning with the 2022 general election. Prohibits
21	21	the governor from changing, during a declared disaster emergency, the
22	22	time, place, or manner of holding an election.
23	23	Effective: Upon passage; July 1, 2022.
24	24	Houchin
25	25	January 11, 2022, read first time and referred to Committee on Elections.
26	26	2022 IN 329—LS 7141/DI 75 Introduced
27	27	Second Regular Session of the 122nd General Assembly (2022)
28	28	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
29	29	Constitution) is being amended, the text of the existing provision will appear in this style type,
30	30	additions will appear in this style type, and deletions will appear in this style type.
31	31	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
32	32	provision adopted), the text of the new provision will appear in this style type. Also, the
33	33	word NEW will appear in that style type in the introductory clause of each SECTION that adds
34	34	a new provision to the Indiana Code or the Indiana Constitution.
35	35	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
36	36	between statutes enacted by the 2021 Regular Session of the General Assembly.
37	37	SENATE BILL No. 329
38	38	A BILL FOR AN ACT to amend the Indiana Code concerning
39	39	elections.
40	40	Be it enacted by the General Assembly of the State of Indiana:
41	41	1 SECTION 1. IC 3-6-4.1-14, AS AMENDED BY P.L.169-2015,
42	42	2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
43	43	3 JULY 1, 2022]: Sec. 14. (a) In addition to other duties prescribed by
44	44	4 law, the commission shall do the following:
45	45	5 (1) Administer Indiana election laws.
46	46	6 (2) Adopt rules under IC 4-22-2 to do the following:
47	47	7 (A) Govern the fair, legal, and orderly conduct of elections,
48	48	8 including the following:
49	49	9 (i) Emergency rules described in section 16 of this chapter
50	50	10 to implement a court order requiring the commission, the
51	51	11 election division, or an election board or official to
52	52	12 administer an election in a manner not authorized by this
53	53	13 title.
54	54	14 (ii) Rules (including joint rules with other agencies when
55	55	15 necessary) to implement and administer NVRA.
56	56	16 (B) Carry out IC 3-9 (campaign finance).
57	57	17 (C) Govern the establishment of precincts under IC 3-11-1.5.
58	58	2022 IN 329—LS 7141/DI 75 2
59	59	1 (D) Specify procedures and fees for the processing of an
60	60	2 application from a vendor for voting systems approval and
61	61	3 testing.
62	62	4 (3) Advise and exercise supervision over local election and
63	63	5 registration officers.
64	64	6 (b) As used in this subsection, "manner of holding an election"
65	65	7 refers to the procedure of voting and not the administrative
66	66	8 function of the commission. The commission may not do the
67	67	9 following:
68	68	10 (1) Institute, increase, or expand vote by mail or absentee vote
69	69	11 by mail.
70	70	12 (2) Change the time, place, or manner of holding an election.
71	71	13 (b) (c) This section does not divest a county election board of any
72	72	14 powers and duties imposed on the board in IC 3-6-5, except that if
73	73	15 there is a deadlock on a county election board, the county election
74	74	16 board shall submit the question to the commission for final
75	75	17 determination.
76	76	18 SECTION 2. IC 3-11-4-2, AS AMENDED BY P.L.278-2019,
77	77	19 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
78	78	20 JULY 1, 2022]: Sec. 2. (a) A voter who wants to vote by absentee
79	79	21 ballot must apply to the county election board for an official absentee
80	80	22 ballot. Except as provided in subsection (b), the voter must sign the
81	81	23 absentee ballot application.
82	82	24 (b) If a voter with disabilities is unable to sign the absentee ballot
83	83	25 application and the voter has not designated an individual to serve as
84	84	26 attorney in fact for the voter, the voter may designate an individual
85	85	27 eligible to assist the voter under IC 3-11-9-2(a) to sign the application
86	86	28 on behalf of the voter and add the individual's name to the application.
87	87	29 If an individual applies for an absentee ballot as the properly
88	88	30 authorized attorney in fact for a voter, the attorney in fact must attach
89	89	31 a copy of the power of attorney to the application and comply with
90	90	32 subsection (d).
91	91	33 (c) A person may provide an individual with an application for an
92	92	34 absentee ballot with the following information already printed or
93	93	35 otherwise set forth on the application when provided to the individual:
94	94	36 (1) The name of the individual.
95	95	37 (2) The voter registration address of the individual.
96	96	38 (3) The mailing address of the individual.
97	97	39 (4) The date of birth of the individual.
98	98	40 (d) A person may not provide an individual with an application for
99	99	41 an absentee ballot with the following information already printed or
100	100	42 otherwise set forth on the application when provided to the individual:
101	101	2022 IN 329—LS 7141/DI 75 3
102	102	1 (1) The address to which the absentee ballot would be mailed, if
103	103	2 different from the voter registration address of the individual.
104	104	3 (2) In a primary election, the major political party ballot requested
105	105	4 by the individual.
106	106	5 (3) In a primary or general election, the types of absentee ballots
107	107	6 requested by the individual.
108	108	7 (4) The reason why the individual is entitled to vote an absentee
109	109	8 ballot:
110	110	9 (A) by mail; or
111	111	10 (B) before an absentee voter board (other than an absentee
112	112	11 voter board located in the office of the circuit court clerk or a
113	113	12 satellite office);
114	114	13 in accordance with IC 3-11-4-18, IC 3-11-10-24, or
115	115	14 IC 3-11-10-25.
116	116	15 (5) The voter identification number of the individual. Any of the
117	117	16 following information relating to the individual:
118	118	17 (A) The individual's ten (10) digit Indiana driver's license
119	119	18 number issued under IC 9-24-11.
120	120	19 (B) The individual's ten (10) digit Indiana identification
121	121	20 card number for nondrivers issued under IC 9-24-16.
122	122	21 (C) The unique identifying number assigned to the voter's
123	123	22 registration record in the computerized list.
124	124	23 (D) The last four (4) digits of the individual's Social
125	125	24 Security number.
126	126	25 (e) If the county election board determines that an absentee ballot
127	127	26 application does not comply with subsection (d), the board shall deny
128	128	27 the application under section 17.5 of this chapter.
129	129	28 (f) An individual shall include the following information
130	130	29 described in both subdivisions (1) and (2) with the individual's
131	131	30 absentee ballot application:
132	132	31 (1) Either of the following:
133	133	32 (A) The individual's ten (10) digit Indiana driver's license
134	134	33 number issued under IC 9-24-11.
135	135	34 (B) The individual's ten (10) digit Indiana identification
136	136	35 card number for nondrivers issued under IC 9-24-16.
137	137	36 (2) A photocopy of the document from which the individual
138	138	37 provides the information under subdivision (1). If the
139	139	38 individual applies for an absentee ballot online, the individual
140	140	39 must upload an image of the document.
141	141	40 (g) The county election board shall deny any absentee ballot
142	142	41 application if the individual does not include either or both of the
143	143	42 pieces of information described in subsection (f).
144	144	2022 IN 329—LS 7141/DI 75 4
145	145	1 (f) (h) A person who assists an individual in completing any
146	146	2 information described in subsection (d) on an absentee ballot
147	147	3 application shall state under the penalties for perjury the following
148	148	4 information on the application:
149	149	5 (1) The full name, residence and mailing address, and daytime
150	150	6 and evening telephone numbers (if any) of the person providing
151	151	7 the assistance.
152	152	8 (2) The date this assistance was provided.
153	153	9 (3) That the person providing the assistance has complied with
154	154	10 Indiana laws governing the submission of absentee ballot
155	155	11 applications.
156	156	12 (4) That the person has no knowledge or reason to believe that the
157	157	13 individual submitting the application:
158	158	14 (A) is ineligible to vote or to cast an absentee ballot; or
159	159	15 (B) did not properly complete and sign the application.
160	160	16 When providing assistance to an individual, the person must, in the
161	161	17 individual's presence and with the individual's consent, provide the
162	162	18 information listed in subsection (d) if the individual is unable to do so.
163	163	19 (g) (i) This subsection does not apply to an employee of the United
164	164	20 States Postal Service or a bonded courier company acting in the
165	165	21 individual's capacity as an employee of the United States Postal Service
166	166	22 or a bonded courier company. A person who receives a completed
167	167	23 absentee ballot application from the individual who has applied for the
168	168	24 absentee ballot shall indicate on the application the date the person
169	169	25 received the application, and file the application with the appropriate
170	170	26 county election board or election division not later than:
171	171	27 (1) noon ten (10) days after the person receives the application;
172	172	28 or
173	173	29 (2) the deadline set by Indiana law for filing the application with
174	174	30 the board;
175	175	31 whichever occurs first. The election division, a county election board,
176	176	32 or a board of elections and registration shall forward an absentee ballot
177	177	33 application to the county election board or board of elections and
178	178	34 registration of the county where the individual resides.
179	179	35 (h) (j) This subsection does not apply to an employee of the United
180	180	36 States Postal Service or a bonded courier company acting in the
181	181	37 individual's capacity as an employee of the United States Postal Service
182	182	38 or a bonded courier company, or to the election division, a county
183	183	39 election board, or a board of elections and registration. A person filing
184	184	40 an absentee ballot application, other than the person's own absentee
185	185	41 ballot application, must include an affidavit with the application. The
186	186	42 affidavit must be signed by the individual who received the completed
187	187	2022 IN 329—LS 7141/DI 75 5
188	188	1 application from the applicant. The affidavit must be in a form
189	189	2 prescribed by the election division. The form must include the
190	190	3 following:
191	191	4 (1) A statement of the full name, residence and mailing address,
192	192	5 and daytime and evening telephone numbers (if any) of the person
193	193	6 submitting the application.
194	194	7 (2) A statement that the person filing the affidavit has complied
195	195	8 with Indiana laws governing the submission of absentee ballot
196	196	9 applications.
197	197	10 (3) The date (or dates) that the absentee ballot applications
198	198	11 attached to the affidavit were received.
199	199	12 (4) A statement that the person has no knowledge or reason to
200	200	13 believe that the individual whose application is to be filed:
201	201	14 (A) is ineligible to vote or to cast an absentee ballot; or
202	202	15 (B) did not properly complete and sign the application.
203	203	16 (5) A statement that the person is executing the affidavit under the
204	204	17 penalties of perjury.
205	205	18 (6) A statement setting forth the penalties for perjury.
206	206	19 (i) (k) The county election board shall record the date and time of
207	207	20 the filing of the affidavit.
208	208	21 SECTION 3. IC 3-11-4-3, AS AMENDED BY P.L.109-2021,
209	209	22 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
210	210	23 JULY 1, 2022]: Sec. 3. (a) Except as provided in subsection (c) and
211	211	24 section 6 of this chapter, an application for an absentee ballot must be
212	212	25 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
213	213	26 or IC 3-6-5.6, the director of the board of elections and registration) not
214	214	27 earlier than the date the registration period resumes under IC 3-7-13-10
215	215	28 nor later than the following:
216	216	29 (1) Noon on election day if the voter registers to vote under
217	217	30 IC 3-7-36-14.
218	218	31 (2) Noon on the day before election day if the voter:
219	219	32 (A) completes the application in the office of the circuit court
220	220	33 clerk under IC 3-11-10-26; or
221	221	34 (B) is an absent uniformed services voter or overseas voter
222	222	35 who requests that the ballot be transmitted by electronic mail
223	223	36 or fax under section 6(h) of this chapter.
224	224	37 (3) Noon on the day before election day if:
225	225	38 (A) the application is a mailed, transmitted by electronic mail
226	226	39 or fax, or hand delivered application from a confined voter or
227	227	40 voter caring for a confined person; and
228	228	41 (B) the applicant requests that the absentee ballots be
229	229	42 delivered to the applicant by an absentee voter board under
230	230	2022 IN 329—LS 7141/DI 75 6
231	231	1 IC 3-11-10-25.
232	232	2 (4) 11:59 p.m. twelve (12) days before election day if the
233	233	3 application is:
234	234	4 (A) a mailed application;
235	235	5 (B) transmitted by electronic mail;
236	236	6 (C) transmitted by fax; or
237	237	7 (D) hand delivered;
238	238	8 from other voters who request to vote by mail under
239	239	9 IC 3-11-10-24.
240	240	10 (b) An application for an absentee ballot received by the election
241	241	11 division by the time and date specified by subsection (a)(2)(B), (a)(3),
242	242	12 or (a)(4) is considered to have been timely received for purposes of
243	243	13 processing by the county. The election division shall immediately
244	244	14 transmit the application to the circuit court clerk, or the director of the
245	245	15 board of elections and registration, of the county where the applicant
246	246	16 resides. The election division is not required to complete or file the
247	247	17 affidavit required under section 2(h) 2(j) of this chapter whenever the
248	248	18 election division transmits an application under this subsection.
249	249	19 (c) An application for an absentee ballot for the election may not be
250	250	20 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
251	251	21 or IC 3-6-5.6, the director of the board of elections and registration)
252	252	22 earlier than December 1 of the year before the election.
253	253	23 SECTION 4. IC 3-11-4-5.1, AS AMENDED BY P.L.193-2021,
254	254	24 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
255	255	25 JULY 1, 2022]: Sec. 5.1. (a) The election division shall prescribe the
256	256	26 form of an application for an absentee ballot.
257	257	27 (b) This subsection does not apply to the form for an absentee ballot
258	258	28 application to be submitted by an absent uniformed services voter or
259	259	29 overseas voter that contains a standardized oath for those voters. The
260	260	30 form of the application for an absentee ballot must do all of the
261	261	31 following:
262	262	32 (1) Require the applicant to swear to or affirm under the penalties
263	263	33 of perjury that all of the information set forth on the application
264	264	34 is true to the best of the applicant's knowledge and belief.
265	265	35 (2) Require a person who assisted with the completion of the
266	266	36 application to swear to or affirm under the penalties of perjury the
267	267	37 statements set forth in section 2(f) 2(h) of this chapter.
268	268	38 (3) Serve as a verified statement for a voter to indicate a change
269	269	39 of name under IC 3-7-41. The form must require the applicant to
270	270	40 indicate the applicant's previous name.
271	271	41 (4) Set forth the penalties for perjury.
272	272	42 (c) The form prescribed by the election division shall require that a
273	273	2022 IN 329—LS 7141/DI 75 7
274	274	1 voter who:
275	275	2 (1) requests an absentee ballot; and
276	276	3 (2) is eligible to vote in the precinct under IC 3-10-11 or
277	277	4 IC 3-10-12;
278	278	5 must include the affidavit required by IC 3-10-11 or a written
279	279	6 affirmation described in IC 3-10-12.
280	280	7 (d) The election division shall approve absentee ballot application
281	281	8 forms that comply with this subsection and section 2(g) 2(i) of this
282	282	9 chapter and permit the applicant to indicate a change of name under
283	283	10 subsection (b). The form prescribed by the election division must
284	284	11 request that a voter who requests an absentee ballot:
285	285	12 (1) provide the last four (4) digits of the voter's Social Security
286	286	13 number; or
287	287	14 (2) state that the voter does not have a Social Security number.
288	288	15 The form must indicate that the voter's compliance with this request is
289	289	16 optional.
290	290	17 (e) An application form submitted by a voter must comply with
291	291	18 subsection (d).
292	292	19 (f) The form prescribed by the election division must include a
293	293	20 statement that permits an applicant to indicate whether:
294	294	21 (1) the applicant has been certified and is currently a participant
295	295	22 in the address confidentiality program under IC 5-26.5-2; and
296	296	23 (2) the applicant's legal address is the address set forth in the
297	297	24 applicant's voter registration.
298	298	25 If the applicant confirms these statements, the applicant may indicate
299	299	26 the address of the office of the attorney general as the address to which
300	300	27 the absentee ballot is to be mailed.
301	301	28 (g) This subsection applies to an application to receive an absentee
302	302	29 ballot:
303	303	30 (1) by mail under IC 3-11-10-24; or
304	304	31 (2) in the form of an application to vote before an absentee voter
305	305	32 board under IC 3-11-10-25 at the voter's place of confinement or
306	306	33 the residence of the voter.
307	307	34 If the voter wishes to submit an application under this section in an
308	308	35 electronic format using a module of the statewide voter registration
309	309	36 system, the voter must include a telephone number at which the voter
310	310	37 can be reached to submit the application.
311	311	38 (h) The application form for an absentee ballot must enable the
312	312	39 applicant to provide the applicant's electronic mail address. However,
313	313	40 an applicant's failure to provide an electronic mail address is not a
314	314	41 reason for denial of the absentee ballot application.
315	315	42 SECTION 5. IC 3-11-15-62 IS ADDED TO THE INDIANA CODE
316	316	2022 IN 329—LS 7141/DI 75 8
317	317	1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
318	318	2 UPON PASSAGE]: Sec. 62. (a) This section applies to any contract
319	319	3 entered into after March 31, 2022.
320	320	4 (b) As used in this section, "contract" refers to a contract
321	321	5 applicable to the hardware, software, or firmware for a voting
322	322	6 system to be provided under the contract.
323	323	7 (c) A contract relating to a voting system may not prohibit
324	324	8 access to the source code for any part of a voting system.
325	325	9 SECTION 6. IC 3-12-16 IS ADDED TO THE INDIANA CODE AS
326	326	10 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
327	327	11 PASSAGE]:
328	328	12 Chapter 16. Electronic Voting System Audit
329	329	13 Sec. 0.1. (a) As used in this section, "pilot county" refers to each
330	330	14 of the following counties:
331	331	15 (1) Boone County.
332	332	16 (2) Floyd County.
333	333	17 (3) Johnson County.
334	334	18 (4) Lake County.
335	335	19 (5) Hamilton County.
336	336	20 (6) Hancock County.
337	337	21 (7) Hendricks County.
338	338	22 (8) Porter County.
339	339	23 (9) Vanderburgh County.
340	340	24 (10) Vigo County.
341	341	25 (b) Before July 1, 2022, the secretary of state shall enter into
342	342	26 contracts to conduct an audit of all computer equipment used in
343	343	27 the 2022 general election in each of the pilot counties.
344	344	28 (c) This section expires July 1, 2023.
345	345	29 Sec. 1. (a) After December 31, 2022, the secretary of state shall
346	346	30 enter into contracts to conduct an audit of all computer equipment
347	347	31 used after each general election in each of the counties selected
348	348	32 under subsection (b).
349	349	33 (b) Before the audit, the contractor shall randomly select the
350	350	34 counties in which the audit will be conducted. The identity of the
351	351	35 counties selected for the audit is confidential until the day after the
352	352	36 date of the general election for which the audit is conducted.
353	353	37 Sec. 2. (a) A person with whom the secretary of state enters into
354	354	38 a contract under this chapter must be a voting system test lab
355	355	39 under the federal Election Assistance Commission's Testing and
356	356	40 Certification Program.
357	357	41 (b) The secretary of state may not enter into a contract under
358	358	42 this chapter with a person who is a vendor of any voting system
359	359	2022 IN 329—LS 7141/DI 75 9
360	360	1 used in Indiana.
361	361	2 Sec. 3. (a) An audit under this chapter must be a full, post
362	362	3 election audit of all computer equipment used in the general
363	363	4 election in each county selected for the audit.
364	364	5 (b) An audit under this chapter must do the following:
365	365	6 (1) Acquire forensic images of all systems.
366	366	7 (2) Investigate all systems for network connectivity before,
367	367	8 during, and after the election to determine whether
368	368	9 unauthorized access to systems was obtained or if information
369	369	10 was sent outside of the secure network environment.
370	370	11 (3) Audit voting machines, tabulators, routers, and central
371	371	12 logs.
372	372	13 (4) Any other activities that the secretary of state considers
373	373	14 relevant to the audit.
374	374	15 Sec. 4. An audit report must be submitted to each of the
375	375	16 following before December 31 of the year for which the audit was
376	376	17 conducted:
377	377	18 (1) The secretary of state.
378	378	19 (2) The attorney general.
379	379	20 (3) The chair of each of the senate and house committees with
380	380	21 jurisdiction over election matters.
381	381	22 SECTION 7. IC 10-14-3-12, AS AMENDED BY P.L.99-2021,
382	382	23 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
383	383	24 JULY 1, 2022]: Sec. 12. (a) The governor shall declare a disaster
384	384	25 emergency by executive order or proclamation if the governor
385	385	26 determines that a disaster has occurred or that the occurrence or the
386	386	27 threat of a disaster is imminent. The state of disaster emergency
387	387	28 continues until the governor:
388	388	29 (1) determines that the threat or danger has passed or the disaster
389	389	30 has been dealt with to the extent that emergency conditions no
390	390	31 longer exist; and
391	391	32 (2) terminates the state of disaster emergency by executive order
392	392	33 or proclamation.
393	393	34 A state of disaster emergency may not continue for longer than thirty
394	394	35 (30) days unless the state of disaster emergency is renewed by the
395	395	36 governor. The general assembly, by concurrent resolution, may
396	396	37 terminate a state of disaster emergency at any time. If the general
397	397	38 assembly terminates a state of disaster emergency under this
398	398	39 subsection, the governor shall issue an executive order or proclamation
399	399	40 ending the state of disaster emergency. All executive orders or
400	400	41 proclamations issued under this subsection must indicate the nature of
401	401	42 the disaster, the area or areas threatened, and the conditions which have
402	402	2022 IN 329—LS 7141/DI 75 10
403	403	1 brought the disaster about or that make possible termination of the state
404	404	2 of disaster emergency. An executive order or proclamation under this
405	405	3 subsection shall be disseminated promptly by means calculated to bring
406	406	4 the order's or proclamation's contents to the attention of the general
407	407	5 public. Unless the circumstances attendant upon the disaster prevent or
408	408	6 impede, an executive order or proclamation shall be promptly filed
409	409	7 with the secretary of state and with the clerk of the city or town affected
410	410	8 or with the clerk of the circuit court.
411	411	9 (b) An executive order or proclamation of a state of disaster
412	412	10 emergency:
413	413	11 (1) activates the disaster response and recovery aspects of the
414	414	12 state, local, and interjurisdictional disaster emergency plans
415	415	13 applicable to the affected political subdivision or area; and
416	416	14 (2) is authority for:
417	417	15 (A) deployment and use of any forces to which the plan or
418	418	16 plans apply; and
419	419	17 (B) use or distribution of any supplies, equipment, materials,
420	420	18 and facilities assembled, stockpiled, or arranged to be made
421	421	19 available under this chapter or under any other law relating to
422	422	20 disaster emergencies.
423	423	21 (c) During the continuance of any state of disaster emergency, the
424	424	22 governor is commander-in-chief of the organized and unorganized
425	425	23 militia and of all other forces available for emergency duty. To the
426	426	24 greatest extent practicable, the governor shall delegate or assign
427	427	25 command authority by prior arrangement embodied in appropriate
428	428	26 executive orders or regulations. This section does not restrict the
429	429	27 governor's authority to delegate or assign command authority by orders
430	430	28 issued at the time of the disaster emergency.
431	431	29 (d) In addition to the governor's other powers, and subject to
432	432	30 sections 12.5 and 12.7 of this chapter, the governor may do the
433	433	31 following while the state of emergency exists:
434	434	32 (1) Suspend the provisions of any regulatory statute prescribing
435	435	33 the procedures for conduct of state business, or the orders, rules,
436	436	34 or regulations of any state agency if strict compliance with any of
437	437	35 these provisions would in any way prevent, hinder, or delay
438	438	36 necessary action in coping with the emergency. However, this
439	439	37 subdivision does not grant the governor the power to declare
440	440	38 by executive order a different time, place, or manner for
441	441	39 holding elections, including not having the authority to
442	442	40 institute, increase, or expand vote by mail or absentee vote by
443	443	41 mail.
444	444	42 (2) Use all available resources of the state government and of
445	445	2022 IN 329—LS 7141/DI 75 11
446	446	1 each political subdivision of the state reasonably necessary to
447	447	2 cope with the disaster emergency.
448	448	3 (3) Transfer the direction, personnel, or functions of state
449	449	4 departments and agencies or units for performing or facilitating
450	450	5 emergency services.
451	451	6 (4) Subject to any applicable requirements for compensation
452	452	7 under section 31 of this chapter, commandeer or use any private
453	453	8 property if the governor finds this action necessary to cope with
454	454	9 the disaster emergency.
455	455	10 (5) Assist in the evacuation of all or part of the population from
456	456	11 any stricken or threatened area in Indiana if the governor
457	457	12 considers this action necessary for the preservation of life or other
458	458	13 disaster mitigation, response, or recovery.
459	459	14 (6) Prescribe routes, modes of transportation, and destinations in
460	460	15 connection with evacuation.
461	461	16 (7) Control ingress to and egress from a disaster area, the
462	462	17 movement of persons within the area, and the occupancy of
463	463	18 premises in the area.
464	464	19 (8) Suspend or limit the sale, dispensing, or transportation of
465	465	20 alcoholic beverages, explosives, and combustibles.
466	466	21 (9) Make provision for the availability and use of temporary
467	467	22 emergency housing.
468	468	23 (10) Allow persons who:
469	469	24 (A) are registered as volunteer health practitioners by an
470	470	25 approved registration system under IC 10-14-3.5; or
471	471	26 (B) hold a license to practice:
472	472	27 (i) medicine;
473	473	28 (ii) dentistry;
474	474	29 (iii) pharmacy;
475	475	30 (iv) nursing;
476	476	31 (v) engineering;
477	477	32 (vi) veterinary medicine;
478	478	33 (vii) mortuary service; and
479	479	34 (viii) similar other professions as may be specified by the
480	480	35 governor;
481	481	36 to practice their respective profession in Indiana during the period
482	482	37 of the state of emergency if the state in which a person's license
483	483	38 or registration was issued has a mutual aid compact for
484	484	39 emergency management with Indiana.
485	485	40 (11) Give specific authority to allocate drugs, foodstuffs, and
486	486	41 other essential materials and services.
487	487	42 SECTION 8. An emergency is declared for this act.
488	488	2022 IN 329—LS 7141/DI 75