IN
Indiana House Bill HB1116

Indiana 2023 Regular Session

Indiana House Bill HB1116 Compare Versions

OldNewDifferences
1-*EH1116.1*
2-March 21, 2023
3-ENGROSSED
1+*HB1116.2*
2+February 9, 2023
43 HOUSE BILL No. 1116
54 _____
6-DIGEST OF HB 1116 (Updated March 20, 2023 12:38 pm - DI 144)
5+DIGEST OF HB 1116 (Updated February 8, 2023 1:54 pm - DI 140)
76 Citations Affected: IC 3-5; IC 3-7; IC 3-11; IC 3-14; IC 33-37.
8-Synopsis: Various elections matters. Defines "election worker" and
9-makes it a Level 6 felony to take certain actions: (1) for the purpose of
10-influencing an election worker; (2) to obstruct or interfere with an
11-election worker; or (3) that injure an election worker. Provides that if
12-a municipal legislative body failed to redistrict its legislative body
13-districts before January 1, 2023, the municipal legislative body is
14-required to do so before May 15, 2023. Provides that if a redistricting
15-authority fails to redistrict as required by law, an individual who is a
16-voter of the political subdivision whose redistricting authority failed to
17-(Continued next page)
7+Synopsis: Various elections matters. Provides that if a municipal
8+legislative body failed to redistrict its legislative body districts before
9+January 1, 2023, the municipal legislative body is required to do so
10+before May 15, 2023. Provides that if a redistricting authority fails to
11+redistrict as required by law, an individual who is a voter of the
12+political subdivision whose redistricting authority failed to redistrict as
13+required may petition the secretary of state to establish election districts
14+for the political subdivision. Requires certain counties to pay a
15+specified annual per diem to the circuit court clerk of the county.
16+Provides that a person who is convicted of a vote fraud felony
17+committed after June 30, 2023, is deprived of the right of suffrage by
18+the general assembly for a period of 10 years following the date of
19+conviction. Authorizes the repurposing of an electronic poll book unit
20+as a device to display sample ballots if the electronic poll book
21+software is deleted from the unit. Permits the use of an electronic
22+device at a precinct or vote center to display a sample ballot or
23+provisional ballot. Increases from $5 to $8 the document storage fee
24+collected by certain court clerks.
1825 Effective: Upon passage; July 1, 2023; January 1, 2024.
19-Wesco, Pierce K
20-(SENATE SPONSORS — WALKER G, FORD JON)
26+Wesco
2127 January 10, 2023, read first time and referred to Committee on Elections and
2228 Apportionment.
2329 January 26, 2023, amended, reported — Do Pass. Referred to Committee on Ways and
2430 Means pursuant to Rule 127.
2531 February 9, 2023, reported — Do Pass.
26-February 16, 2023, read second time, ordered engrossed.
27-February 17, 2023, engrossed.
28-February 20, 2023, read third time, passed. Yeas 73, nays 24.
29-SENATE ACTION
30-February 28, 2023, read first time and referred to Committee on Elections.
31-March 20, 2023, amended, reported favorably — Do Pass; reassigned to Committee on Tax
32-and Fiscal Policy.
33-EH 1116—LS 7192/DI 144 Digest Continued
34-redistrict as required may petition the secretary of state to establish
35-election districts for the political subdivision. Requires certain counties
36-to pay a specified annual per diem to the circuit court clerk of the
37-county. Provides that a person who is convicted of a vote fraud felony
38-committed after June 30, 2023, is deprived of the right of suffrage by
39-the general assembly for a period of 10 years following the date of
40-conviction. Authorizes the repurposing of an electronic poll book unit
41-as a device to display sample ballots if the electronic poll book
42-software is deleted from the unit. Permits the use of an electronic
43-device at a precinct or vote center to display a sample ballot. Declares
44-confidential particular information that directly or indirectly indicates
45-the selections made by a voter while voting in an election. Increases
46-from $5 to $8 the document storage fee collected by certain court
47-clerks.
48-EH 1116—LS 7192/DI 144EH 1116—LS 7192/DI 144 March 21, 2023
32+HB 1116—LS 7192/DI 144 February 9, 2023
4933 First Regular Session of the 123rd General Assembly (2023)
5034 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
5135 Constitution) is being amended, the text of the existing provision will appear in this style type,
5236 additions will appear in this style type, and deletions will appear in this style type.
5337 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
5438 provision adopted), the text of the new provision will appear in this style type. Also, the
5539 word NEW will appear in that style type in the introductory clause of each SECTION that adds
5640 a new provision to the Indiana Code or the Indiana Constitution.
5741 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
5842 between statutes enacted by the 2022 Regular Session of the General Assembly.
59-ENGROSSED
6043 HOUSE BILL No. 1116
6144 A BILL FOR AN ACT to amend the Indiana Code concerning
6245 elections.
6346 Be it enacted by the General Assembly of the State of Indiana:
64-1 SECTION 1. IC 3-5-2-19.8 IS ADDED TO THE INDIANA CODE
47+1 SECTION 1. IC 3-5-10-7, AS AMENDED BY THE TECHNICAL
48+2 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
49+3 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
50+4 PASSAGE]: Sec. 7. (a) Subject to section 8 of this chapter, a
51+5 redistricting authority shall redistrict election districts according to at
52+6 the following schedule: times:
53+7 (1) If the census event is a federal decennial census, the
54+8 following:
55+9 (A) For a county executive or county fiscal body, only during
56+10 the first year after the federal decennial census is conducted.
57+11 (B) For a school corporation, only during the first year after
58+12 the federal decennial census is conducted.
59+13 (C) For a municipality that conducts its municipal elections in
60+14 an odd numbered odd-numbered year, only during the second
61+15 year after the federal decennial census is conducted.
62+16 (D) For a municipality that conducts its municipal elections in:
63+17 (i) an even numbered even-numbered year; or
64+HB 1116—LS 7192/DI 144 2
65+1 (i) (ii) both an even numbered even-numbered year and an
66+2 odd numbered odd-numbered year;
67+3 only during the first year after the federal decennial census is
68+4 conducted.
69+5 However, a body described in clauses (A) through (D) that has not
70+6 completed the redistricting on March 1, 2022, has until December
71+7 31, 2022, to redistrict the election districts from the 2020
72+8 decennial census.
73+9 (2) For a census event other than a federal decennial census, only
74+10 during the first year after the year the census event becomes
75+11 effective with respect to the political subdivision, as provided in
76+12 IC 1-1-3.5-3.
77+13 (3) Whenever a county adopts an order declaring a county
78+14 boundary to be changed under IC 36-2-1-2 that affects the
79+15 boundaries of the political subdivision.
80+16 (4) Whenever required to assign annexed territory to a district,
81+17 subject to the provisions of IC 36-4-3.
82+18 (5) Whenever the boundary of the political subdivision is
83+19 changed.
84+20 (6) As provided in the order of a court that has found the current
85+21 redistricting plan unconstitutional or otherwise unlawful.
86+22 (b) A redistricting authority may not redistrict at a time other than
87+23 is provided in subsection (a).
88+24 SECTION 2. IC 3-5-10-7.3 IS ADDED TO THE INDIANA CODE
89+25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
90+26 UPON PASSAGE]: Sec. 7.3. (a) Notwithstanding section 7 of this
91+27 chapter, a municipal legislative body that has not completed the
92+28 redistricting of its legislative body election districts before January
93+29 1, 2023, shall, before May 15, 2023, adopt an ordinance to do one
94+30 (1) of the following:
95+31 (1) Redistrict the legislative body election districts based on
96+32 the 2020 decennial census.
97+33 (2) Certify, as provided in section 8 of this chapter, that the
98+34 legislative body election districts in effect before January 1,
99+35 2023, comply with the legislative body's applicable statute and
100+36 other applicable law.
101+37 (b) This section expires January 1, 2024.
102+38 SECTION 3. IC 3-5-10-12 IS ADDED TO THE INDIANA CODE
103+39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
104+40 JANUARY 1, 2024]: Sec. 12. (a) This section applies if a
105+41 redistricting authority fails to do either of the following:
106+42 (1) Redistrict at the times required by section 7 of this
107+HB 1116—LS 7192/DI 144 3
108+1 chapter.
109+2 (2) Certify, under section 8 of this chapter, that the existing
110+3 districts continue to satisfy all the requirements of the
111+4 applicable statute and other applicable law.
112+5 (b) Upon the petition of an individual who is a voter of a
113+6 political subdivision whose redistricting authority is described in
114+7 subsection (a), the secretary of state, or a designee of the secretary
115+8 of state, shall hold a public hearing in the political subdivision to
116+9 take public testimony regarding the districts for the political
117+10 subdivision.
118+11 (c) After the public hearing under subsection (b), the secretary
119+12 of state shall issue an order to do one (1) of the following:
120+13 (1) Adopt a redistricting plan for the political subdivision.
121+14 (2) Certify that the existing districts continue to satisfy all the
122+15 requirements of the applicable statute and other applicable
123+16 law.
124+17 (d) The districts of a redistricting plan adopted under subsection
125+18 (c) must satisfy all the requirements of the applicable statute and
126+19 other applicable law.
127+20 (e) A redistricting plan adopted under subsection (c) must
128+21 include in the order a map of the district boundaries as adopted or
129+22 recertified.
130+23 (f) The secretary of state shall file a copy of an order adopted
131+24 under subsection (c) not later than thirty (30) days after the date
132+25 of the order with each of the following:
133+26 (1) The redistricting authority.
134+27 (2) The executive of the political subdivision.
135+28 (3) The circuit court clerk of the county that contains the
136+29 greatest population of the political subdivision.
137+30 (g) The districts established or recertified under subsection (c):
138+31 (1) take effect when filed with the circuit court clerk of the
139+32 county that contains the greatest population of the political
140+33 subdivision, or as otherwise provided in the order; and
141+34 (2) are the districts for the political subdivision until changed
142+35 as provided in this chapter.
143+36 SECTION 4. IC 3-7-12-22 IS AMENDED TO READ AS
144+37 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 22. (a) In a county
145+38 where the circuit court clerk serves as voter registration officer, the
146+39 clerk is entitled to per diem compensation under subsection (b) or (c).
147+40 (b) This subsection applies to the circuit court clerk of a county
148+41 described in subsection (a) that contains not more than one
149+42 hundred thousand (100,000) registered voters. The county shall
150+HB 1116—LS 7192/DI 144 4
151+1 pay at least the following to the circuit court clerk of the county:
152+2 (1) Two thousand dollars ($2,000) not later than July 1 of each
153+3 year in which a primary election is held.
154+4 (2) Two thousand dollars ($2,000) not later than December 31
155+5 of each year in which a general election is held.
156+6 (c) This subsection applies to the circuit court clerk of a county
157+7 described in subsection (a) that contains more than one hundred
158+8 thousand (100,000) registered voters. The county shall pay at least
159+9 the following to the circuit court clerk of the county:
160+10 (1) Two thousand five hundred dollars ($2,500) not later than
161+11 July 1 of each year in which a primary election is held.
162+12 (2) Two thousand five hundred dollars ($2,500) not later than
163+13 December 31 of each year in which a general election is held.
164+14 (d) The circuit court clerk of a county described in subsection
165+15 (a) is not entitled to per diem compensation under this section
166+16 during a year in which a primary or general election is not held.
167+17 (e) The per diem shall be paid out of the general fund of the county.
168+18 in the same manner as election expenses are paid.
169+19 SECTION 5. IC 3-7-13-4 IS AMENDED TO READ AS FOLLOWS
170+20 [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) A person who is:
171+21 (1) convicted of a crime; and
172+22 (2) imprisoned following conviction;
173+23 is deprived of the right of suffrage by the general assembly pursuant to
174+24 Article 2, Section 8 of the Constitution of the State of Indiana.
175+25 (b) Except as provided in section 6.5 of this chapter, a person
176+26 described in subsection (a) is ineligible to register under this article
177+27 during the period that the person is:
178+28 (1) imprisoned; or
179+29 (2) otherwise subject to lawful detention.
180+30 SECTION 6. IC 3-7-13-6 IS AMENDED TO READ AS FOLLOWS
181+31 [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) This section applies to a
182+32 person who is:
183+33 (1) otherwise qualified to register under this article; and
184+34 (2) not imprisoned or subject to lawful detention.
185+35 (b) Except as provided in section 6.5 of this chapter, a person
186+36 described in subsection (a) who is:
187+37 (1) on probation;
188+38 (2) on parole;
189+39 (3) subject to home detention under IC 35-38-2.5; or
190+40 (4) placed in a community corrections program under
191+41 IC 35-38-2.6;
192+42 is eligible to register and to vote.
193+HB 1116—LS 7192/DI 144 5
194+1 SECTION 7. IC 3-7-13-6.5 IS ADDED TO THE INDIANA CODE
65195 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
66-3 1, 2023]: Sec. 19.8. "Election worker" means an individual who:
67-4 (1) serves as:
68-5 (A) the secretary of state;
69-6 (B) an employee of the election division;
70-7 (C) a member of the commission;
71-8 (D) a precinct election officer, including an individual who
72-9 serves as a precinct election officer at a vote center using
73-10 a different title under IC 3-6-6-5.5;
74-11 (E) a member of a county election board;
75-12 (F) a member of a county board of elections and
76-13 registration;
77-14 (G) a member of a board of registration established under
78-15 IC 3-7-12;
79-16 (H) a circuit court clerk;
80-17 (I) an employee of the office of a circuit court clerk;
81-EH 1116—LS 7192/DI 144 2
82-1 (J) a member of a town election board;
83-2 (K) an individual who serves under IC 3-6-6-39;
84-3 (L) a challenger or pollbook holder under IC 3-6-7;
85-4 (M) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10; or
86-5 (N) an individual appointed under IC 3-11.5-4:
87-6 (i) to an absentee voter board;
88-7 (ii) as an absentee ballot counter; or
89-8 (iii) as a courier; or
90-9 (2) either:
91-10 (A) works in exchange for compensation; or
92-11 (B) volunteers;
93-12 at a precinct or vote center under the supervision of one (1) or
94-13 more of the individuals listed in subdivision (1)(A) through
95-14 (1)(N).
96-15 SECTION 2. IC 3-5-10-7, AS AMENDED BY THE TECHNICAL
97-16 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
98-17 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
99-18 PASSAGE]: Sec. 7. (a) Subject to section 8 of this chapter, a
100-19 redistricting authority shall redistrict election districts according to at
101-20 the following schedule: times:
102-21 (1) If the census event is a federal decennial census, the
103-22 following:
104-23 (A) For a county executive or county fiscal body, only during
105-24 the first year after the federal decennial census is conducted.
106-25 (B) For a school corporation, only during the first year after
107-26 the federal decennial census is conducted.
108-27 (C) For a municipality that conducts its municipal elections in
109-28 an odd numbered odd-numbered year, only during the second
110-29 year after the federal decennial census is conducted.
111-30 (D) For a municipality that conducts its municipal elections in:
112-31 (i) an even numbered even-numbered year; or
113-32 (i) (ii) both an even numbered even-numbered year and an
114-33 odd numbered odd-numbered year;
115-34 only during the first year after the federal decennial census is
116-35 conducted.
117-36 However, a body described in clauses (A) through (D) that has not
118-37 completed the redistricting on March 1, 2022, has until December
119-38 31, 2022, to redistrict the election districts from the 2020
120-39 decennial census.
121-40 (2) For a census event other than a federal decennial census, only
122-41 during the first year after the year the census event becomes
123-42 effective with respect to the political subdivision, as provided in
124-EH 1116—LS 7192/DI 144 3
125-1 IC 1-1-3.5-3.
126-2 (3) Whenever a county adopts an order declaring a county
127-3 boundary to be changed under IC 36-2-1-2 that affects the
128-4 boundaries of the political subdivision.
129-5 (4) Whenever required to assign annexed territory to a district,
130-6 subject to the provisions of IC 36-4-3.
131-7 (5) Whenever the boundary of the political subdivision is
132-8 changed.
133-9 (6) As provided in the order of a court that has found the current
134-10 redistricting plan unconstitutional or otherwise unlawful.
135-11 (b) A redistricting authority may not redistrict at a time other than
136-12 is provided in subsection (a).
137-13 SECTION 3. IC 3-5-10-7.3 IS ADDED TO THE INDIANA CODE
138-14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
139-15 UPON PASSAGE]: Sec. 7.3. (a) Notwithstanding section 7 of this
140-16 chapter, a municipal legislative body that has not completed the
141-17 redistricting of its legislative body election districts before January
142-18 1, 2023, shall, before May 15, 2023, adopt an ordinance to do one
143-19 (1) of the following:
144-20 (1) Redistrict the legislative body election districts based on
145-21 the 2020 decennial census.
146-22 (2) Certify, as provided in section 8 of this chapter, that the
147-23 legislative body election districts in effect before January 1,
148-24 2023, comply with the legislative body's applicable statute and
149-25 other applicable law.
150-26 (b) This section expires January 1, 2024.
151-27 SECTION 4. IC 3-5-10-12 IS ADDED TO THE INDIANA CODE
152-28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
153-29 JANUARY 1, 2024]: Sec. 12. (a) This section applies if a
154-30 redistricting authority fails to do either of the following:
155-31 (1) Redistrict at the times required by section 7 of this
156-32 chapter.
157-33 (2) Certify, under section 8 of this chapter, that the existing
158-34 districts continue to satisfy all the requirements of the
159-35 applicable statute and other applicable law.
160-36 (b) Upon the petition of an individual who is a voter of a
161-37 political subdivision whose redistricting authority is described in
162-38 subsection (a), the secretary of state, or a designee of the secretary
163-39 of state, shall hold a public hearing in the political subdivision to
164-40 take public testimony regarding the districts for the political
165-41 subdivision.
166-42 (c) After the public hearing under subsection (b), the secretary
167-EH 1116—LS 7192/DI 144 4
168-1 of state shall issue an order to do one (1) of the following:
169-2 (1) Adopt a redistricting plan for the political subdivision.
170-3 (2) Certify that the existing districts continue to satisfy all the
171-4 requirements of the applicable statute and other applicable
172-5 law.
173-6 (d) The districts of a redistricting plan adopted under subsection
174-7 (c) must satisfy all the requirements of the applicable statute and
175-8 other applicable law.
176-9 (e) A redistricting plan adopted under subsection (c) must
177-10 include in the order a map of the district boundaries as adopted or
178-11 recertified.
179-12 (f) The secretary of state shall file a copy of an order adopted
180-13 under subsection (c) not later than thirty (30) days after the date
181-14 of the order with each of the following:
182-15 (1) The redistricting authority.
183-16 (2) The executive of the political subdivision.
184-17 (3) The circuit court clerk of the county that contains the
185-18 greatest population of the political subdivision.
186-19 (g) The districts established or recertified under subsection (c):
187-20 (1) take effect when filed with the circuit court clerk of the
188-21 county that contains the greatest population of the political
189-22 subdivision, or as otherwise provided in the order; and
190-23 (2) are the districts for the political subdivision until changed
191-24 as provided in this chapter.
192-25 SECTION 5. IC 3-7-12-22 IS AMENDED TO READ AS
193-26 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 22. (a) In a county
194-27 where the circuit court clerk serves as voter registration officer, the
195-28 clerk is entitled to per diem compensation under subsection (b) or (c).
196-29 (b) This subsection applies to the circuit court clerk of a county
197-30 described in subsection (a) that contains not more than one
198-31 hundred thousand (100,000) registered voters. The county shall
199-32 pay at least the following to the circuit court clerk of the county:
200-33 (1) Two thousand dollars ($2,000) not later than July 1 of each
201-34 year in which a primary election is held.
202-35 (2) Two thousand dollars ($2,000) not later than December 31
203-36 of each year in which a general election is held.
204-37 (c) This subsection applies to the circuit court clerk of a county
205-38 described in subsection (a) that contains more than one hundred
206-39 thousand (100,000) registered voters. The county shall pay at least
207-40 the following to the circuit court clerk of the county:
208-41 (1) Two thousand five hundred dollars ($2,500) not later than
209-42 July 1 of each year in which a primary election is held.
210-EH 1116—LS 7192/DI 144 5
211-1 (2) Two thousand five hundred dollars ($2,500) not later than
212-2 December 31 of each year in which a general election is held.
213-3 (d) The circuit court clerk of a county described in subsection
214-4 (a) is not entitled to per diem compensation under this section
215-5 during a year in which a primary or general election is not held.
216-6 (e) The per diem shall be paid out of the general fund of the county.
217-7 in the same manner as election expenses are paid.
218-8 SECTION 6. IC 3-7-13-4 IS AMENDED TO READ AS FOLLOWS
219-9 [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) A person who is:
220-10 (1) convicted of a crime; and
221-11 (2) imprisoned following conviction;
222-12 is deprived of the right of suffrage by the general assembly pursuant to
223-13 Article 2, Section 8 of the Constitution of the State of Indiana.
224-14 (b) Except as provided in section 6.5 of this chapter, a person
225-15 described in subsection (a) is ineligible to register under this article
226-16 during the period that the person is:
227-17 (1) imprisoned; or
228-18 (2) otherwise subject to lawful detention.
229-19 SECTION 7. IC 3-7-13-6 IS AMENDED TO READ AS FOLLOWS
230-20 [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) This section applies to a
231-21 person who is:
232-22 (1) otherwise qualified to register under this article; and
233-23 (2) not imprisoned or subject to lawful detention.
234-24 (b) Except as provided in section 6.5 of this chapter, a person
235-25 described in subsection (a) who is:
236-26 (1) on probation;
237-27 (2) on parole;
238-28 (3) subject to home detention under IC 35-38-2.5; or
239-29 (4) placed in a community corrections program under
240-30 IC 35-38-2.6;
241-31 is eligible to register and to vote.
242-32 SECTION 8. IC 3-7-13-6.5 IS ADDED TO THE INDIANA CODE
243-33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
244-34 1, 2023]: Sec. 6.5. (a) This section applies to a person who commits
245-35 an offense under IC 3-14-2 after June 30, 2023.
246-36 (b) Notwithstanding sections 4, 5, and 6 of this chapter, a person
247-37 who is convicted of a felony under IC 3-14-2 is deprived of the right
248-38 of suffrage by the general assembly for a period of ten (10) years
249-39 following the date of conviction, pursuant to Article 2, Section 8 of
250-40 the Constitution of the State of Indiana.
251-41 (c) A person described in subsection (b) is not:
252-42 (1) authorized to vote; or
253-EH 1116—LS 7192/DI 144 6
254-1 (2) eligible to register under this article;
255-2 during the period within which the person is deprived of the right
256-3 of suffrage, even if the person is no longer in prison or otherwise
257-4 subject to lawful detention.
258-5 (d) The reduction of a felony to a misdemeanor does not affect
259-6 the operation of subsections (b) and (c).
260-7 (e) The right of suffrage is immediately restored to a person
261-8 described in subsection (b) whose conviction is reversed on appeal
262-9 or on postconviction review at the earlier of the following:
263-10 (1) At the time the prosecuting attorney states on the record
264-11 that the charges that gave rise to the conviction will not be
265-12 refiled.
266-13 (2) Ninety (90) days after the final disposition of the appeal or
267-14 the postconviction proceeding.
268-15 (f) A person described in subsection (b) who is otherwise
269-16 qualified to register under this article is eligible to register after the
270-17 expiration of the period within which the person is deprived of the
271-18 right of suffrage.
272-19 SECTION 9. IC 3-7-46-1, AS AMENDED BY P.L.128-2015,
273-20 SECTION 140, IS AMENDED TO READ AS FOLLOWS
274-21 [EFFECTIVE JULY 1, 2023]: Sec. 1. As permitted under 52 U.S.C.
275-22 20507(a)(3)(B) and in the manner required under 52 U.S.C. 21083, a
276-23 county voter registration office shall remove from the official list of
277-24 registered voters the name of a voter who is disfranchised under:
278-25 (1) this chapter; or
279-26 (2) IC 3-7-13-6.5;
280-27 due to a criminal conviction.
281-28 SECTION 10. IC 3-11-3-11, AS AMENDED BY P.L.193-2021,
282-29 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
283-30 JULY 1, 2023]: Sec. 11. (a) Except as provided in subsection (b), the
284-31 county election board shall deliver the following to each inspector or
285-32 the inspector's representative:
286-33 (1) The supplies provided for the inspector's precinct by the
287-34 election division.
288-35 (2) The sample ballots, the ballot labels, if any, and all poll lists,
289-36 registration lists, and other supplies considered necessary to
290-37 conduct the election in the inspector's precinct.
291-38 (3) The ballots printed under the direction of the county election
292-39 board as follows:
293-40 (A) In those precincts where ballot card voting systems are to
294-41 be used, the number of ballots at least equal to one hundred
295-42 percent (100%) of the number of voters in the inspector's
296-EH 1116—LS 7192/DI 144 7
297-1 precinct, according to the poll list.
298-2 (B) In those precincts where electronic voting systems are to
299-3 be used, the number of ballots that will be required to be
300-4 printed and furnished to the precincts for emergency purposes
301-5 only.
302-6 (C) Provisional ballots in the number considered necessary by
303-7 the county election board.
304-8 (4) Twenty (20) ink pens suitable for printing the names of
305-9 write-in candidates on the ballot or ballot envelope.
306-10 (5) Copies of the voter's bill of rights for posting as required by 52
307-11 U.S.C. 21082.
308-12 (6) Copies of the instructions for a provisional voter required by
309-13 52 U.S.C. 21082 and IC 3-11.7-2-2. The county election board
310-14 shall provide at least the number of copies of the instructions as
311-15 the number of provisional ballots provided under subdivision (3).
312-16 (7) Copies of the notice for posting as required by IC 3-7-29-1(f).
313-17 (8) The blank voter registration applications required to be
314-18 provided under IC 3-7-48-7(b).
315-19 (9) A sample ballot or an electronic form of the sample ballot,
316-20 if required under IC 3-11-11-1.7, IC 3-11-13-9, or
317-21 IC 3-11-14-7.
318-22 (b) This subsection applies to a county that:
319-23 (1) has adopted an order under IC 3-7-29-6(a)(1); or
320-24 (2) is a vote center county under IC 3-11-18.1.
321-25 The county election board shall deliver and install the hardware,
322-26 firmware, and software necessary to use an electronic poll book in each
323-27 precinct or vote center.
324-28 SECTION 11. IC 3-11-3-25, AS AMENDED BY P.L.128-2015,
325-29 SECTION 155, IS AMENDED TO READ AS FOLLOWS
326-30 [EFFECTIVE JULY 1, 2023]: Sec. 25. (a) This subsection applies
327-31 when the county election board provides a precinct with a printed
328-32 sample ballot under section 11 of this chapter. As required by 52
329-33 U.S.C. 21082, the inspector of each precinct shall post the samples of
330-34 each of the state and local ballots provided by the county election board
331-35 under this article in and about the polls. The sample ballots shall be
332-36 printed on different paper than the genuine ballots.
333-37 (b) An electronic device that is not an electronic poll book may
334-38 be used at a precinct or vote center to display a sample ballot. For
335-39 purposes of certification of voting systems under this article, an
336-40 electronic device, the only function of which is the display of
337-41 sample ballots, is not considered to be a voting system or part of a
338-42 voting system.
339-EH 1116—LS 7192/DI 144 8
340-1 (c) This subsection applies when the county election board
341-2 provides a precinct with an electronic form of the sample ballot
342-3 under section 11 of this chapter. The inspector of the precinct, or
343-4 a person under the direction of the inspector, shall post a notice in
344-5 and about the polls that the sample ballot for the precinct is
345-6 available for review on an electronic device. The sample ballot
346-7 must be made available for public inspection throughout election
347-8 day.
348-9 (d) This subsection applies to a county using vote centers when
349-10 the county election board provides the vote center with an
350-11 electronic form of the sample ballot under section 11 of this
351-12 chapter. The inspector of the vote center, or a person under the
352-13 direction of the inspector, shall post a notice in and about the polls
353-14 that the sample ballots for each precinct in the county are available
354-15 for review on an electronic device. The sample ballots must be
355-16 made available for public inspection throughout election day.
356-17 SECTION 12. IC 3-11-10-25, AS AMENDED BY P.L.193-2021,
357-18 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
358-19 JULY 1, 2023]: Sec. 25. (a) A voter who votes by absentee ballot
359-20 because of:
360-21 (1) illness or injury; or
361-22 (2) caring for a confined person at a private residence;
362-23 and who is within the county may vote before an absentee voter board
363-24 or by mail.
364-25 (b) If requested by a voter described in subsection (a) or by a voter
365-26 with disabilities whose precinct is not accessible to voters with
366-27 disabilities, an absentee voter board shall visit the voter's place of
367-28 confinement or the residence of the voter with disabilities:
368-29 (1) during the regular office hours of the circuit court clerk;
369-30 (2) at a time agreed to by the board and the voter;
370-31 (3) on any of the nineteen (19) days immediately before election
371-32 day; and
372-33 (4) only once before an election, unless:
373-34 (A) the confined voter is unavailable at the time of the board's
374-35 first visit due to a medical emergency; or
375-36 (B) the board, in its discretion, decides to make an additional
376-37 visit.
377-38 (c) This subsection applies to a voter confined due to illness or
378-39 injury. An absentee voter board may not be denied access to the voter's
379-40 place of confinement if the board is present at the place of confinement
380-41 at a time:
381-42 (1) agreed to by the board and the voter; and
382-EH 1116—LS 7192/DI 144 9
383-1 (2) during the regular office hours of the circuit court clerk. A
384-2 person who knowingly violates this subsection commits
385-3 obstruction or interference with an election officer worker in the
386-4 discharge of the officer's election worker's duty, a violation of
387-5 IC 3-14-3-4.
388-6 (d) The county election board, by unanimous vote of the board's
389-7 entire membership, may authorize an absentee voter board to visit a
390-8 voter who is confined due to illness or injury and will be outside the
391-9 county on election day in accordance with the procedures set forth in
392-10 subsection (b).
393-11 (e) The county election board, by unanimous vote of the board's
394-12 entire membership, may:
395-13 (1) authorize an absentee voter board to visit the voter after first
396-14 confirming that the individual is a registered voter of the county;
397-15 and
398-16 (2) permit the voter to complete an absentee ballot application
399-17 before the absentee voter board.
400-18 If both members of the absentee voter board approve the voter's
401-19 application under this subsection, the board shall provide the voter with
402-20 an absentee ballot.
403-21 (f) As provided by 52 U.S.C. 21081, a voter casting an absentee
404-22 ballot under this section must be:
405-23 (1) permitted to verify in a private and independent manner the
406-24 votes selected by the voter before the ballot is cast and counted;
407-25 (2) provided with the opportunity to change the ballot or correct
408-26 any error in a private and independent manner before the ballot is
409-27 cast and counted, including the opportunity to receive a
410-28 replacement ballot if the voter is otherwise unable to change or
411-29 correct the ballot; and
412-30 (3) notified before the ballot is cast regarding the effect of casting
413-31 multiple votes for the office and provided an opportunity to
414-32 correct the ballot before the ballot is cast and counted.
415-33 (g) As provided by 52 U.S.C. 21081, when an absentee ballot is
416-34 provided under this section, the board must also provide the voter with:
417-35 (1) information concerning the effect of casting multiple votes for
418-36 an office; and
419-37 (2) instructions on how to correct the ballot before the ballot is
420-38 cast and counted, including the issuance of replacement ballots.
421-39 (h) This subsection applies to a voter who applies to vote an
422-40 absentee ballot by mail. The county election board shall include a copy
423-41 of the Absentee Voter's Bill of Rights with any absentee ballot mailed
424-42 to the voter.
425-EH 1116—LS 7192/DI 144 10
426-1 (i) An absentee voter board visiting a voter under this section may
427-2 use an electronic poll book.
428-3 SECTION 13. IC 3-11-11-1.3 IS ADDED TO THE INDIANA
429-4 CODE AS A NEW SECTION TO READ AS FOLLOWS
430-5 [EFFECTIVE JULY 1, 2023]: Sec. 1.3. For purposes of this chapter,
431-6 an electronic device that is not an electronic poll book may be used
432-7 at a precinct or vote center to display a sample ballot. For purposes
433-8 of certification of voting systems under this article, an electronic
434-9 device, the only function of which is the display of sample ballots,
435-10 is not considered to be a voting system or part of a voting system.
436-11 SECTION 14. IC 3-11-11-1.7, AS AMENDED BY THE
437-12 TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
438-13 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
439-14 JULY 1, 2023]: Sec. 1.7. (a) Each county election board shall provide
440-15 an adequate number of sample ballots for each precinct of the county.
441-16 The county election board shall arrange the sample ballots in the form
442-17 of a diagram showing:
443-18 (1) the political party and independent tickets;
444-19 (2) the offices to be filled;
445-20 (3) the names of the candidates; and
446-21 (4) the public questions;
447-22 in the same order in which they will occur on the official ballots printed
448-23 under the jurisdiction of the election division and the county election
449-24 board. However, if presidential electors are to be voted for at an
450-25 election, then the ballot of each party or independent ticket must be in
451-26 the form prescribed by IC 3-10-4-1.
452-27 (b) Each county election board shall provide either or both of
453-28 the following for each precinct in the county:
454-29 (1) An adequate number of sample ballots.
455-30 (2) An electronic form of the sample ballot arranged under
456-31 subsection (a), if the county election board requires display of
457-32 sample ballots using an electronic device under section 1.3 of
458-33 this chapter.
459-34 (b) (c) This subsection applies to a county having a population of
460-35 more than four hundred thousand (400,000) but and less than seven
461-36 hundred thousand (700,000). At least ten (10) days before an election,
462-37 each county election board shall duplicate, distribute, and cause to be
463-38 posted copies of official sample ballots:
464-39 (1) received from the election division; and
465-40 (2) prepared by the county election board;
466-41 to schools, fire stations, county courthouses, and other public buildings
467-42 in the county.
468-EH 1116—LS 7192/DI 144 11
469-1 SECTION 15. IC 3-11-11-1.9, AS AMENDED BY P.L.278-2019,
470-2 SECTION 101, IS AMENDED TO READ AS FOLLOWS
471-3 [EFFECTIVE JULY 1, 2023]: Sec. 1.9. (a) Before the opening of the
472-4 polls, the precinct election board shall compare the ballots with the
473-5 sample ballots and determine whether the names, numbers, and letters
474-6 are in agreement. The board then shall certify that the ballots and the
475-7 sample ballots are in agreement. Forms shall be provided for
476-8 certification, and the certification shall be filed with the election
477-9 returns.
478-10 (b) This subsection applies when the county election board
479-11 provides a precinct with a printed sample ballot under section 1.7
480-12 of this chapter. The inspector of each precinct, or a person under the
481-13 direction of the inspector, shall post sample ballots near the entrance
482-14 of the chute for the precinct. The ballots must be available for public
483-15 inspection throughout election day.
484-16 (c) This subsection applies when the county election board
485-17 provides a precinct with an electronic form of the sample ballot
486-18 under section 1.7 of this chapter. The inspector of the precinct, or
487-19 a person under the direction of the inspector, shall post a notice
488-20 near the entrance of the chute for the precinct that the sample
489-21 ballot for the precinct is available for review on an electronic
490-22 device. The sample ballot must be made available for public
491-23 inspection throughout election day.
492-24 (c) (d) This subsection applies to a county using vote centers. Not
493-25 later than the first date that a voter may cast a ballot at a vote center,
494-26 the county election board shall do both of the following:
495-27 (1) Make the comparison between the sample ballots, regular
496-28 official ballots, and provisional ballots described in subsection
497-29 (a).
498-30 (2) Certify that the ballots are in agreement.
499-31 A copy of the certification shall be entered into the minutes of the
500-32 county election board.
501-33 (d) (e) This subsection applies to a county using vote centers. The
502-34 county election board shall do both of the following:
503-35 (1) Have copies of each sample ballot for each precinct available
504-36 for inspection by a voter at each vote center.
505-37 (2) Post a notice in the vote center stating that sample ballots are
506-38 available for inspection upon request by the voter.
507-39 (f) This subsection applies to a county using vote centers when
508-40 the county election board provides the vote center with an
509-41 electronic form of the sample ballot under section 1.7 of this
510-42 chapter. The inspector of the vote center, or a person under the
511-EH 1116—LS 7192/DI 144 12
512-1 direction of the inspector, shall post a notice near the entrance of
513-2 the chute for the vote center that the sample ballots for each
514-3 precinct in the county are available for review on an electronic
515-4 device. The sample ballots must be made available for public
516-5 inspection throughout election day.
517-6 SECTION 16. IC 3-11-11-2, AS AMENDED BY P.L.221-2005,
518-7 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
519-8 JULY 1, 2023]: Sec. 2. (a) On the morning of election day, the precinct
520-9 election officers shall meet at the polls at least one (1) hour before the
521-10 time for opening the polls. The inspector then shall have:
522-11 (1) the boundaries of the chute designated;
523-12 (2) the sample ballots and instruction cards and either the:
524-13 (A) sample ballots; or
525-14 (B) notice under section 1.9(c) or 1.9(f) of this chapter;
526-15 posted; and
527-16 (3) everything put in readiness for the commencement of voting
528-17 at the opening of the polls.
529-18 (b) At the opening of the polls, the inspector and judges shall see
530-19 that there are no ballots in the ballot box before the voting begins. After
531-20 the inspection of the box, the inspector shall:
532-21 (1) securely lock the box;
533-22 (2) give one (1) key to the judge of the opposite political party;
534-23 and
535-24 (3) retain one (1) key.
536-25 (c) Once securely locked, the ballot box may not be opened again
537-26 until after the polls have been closed and the precinct election board is
538-27 ready to immediately proceed with the counting, except as otherwise
539-28 provided for central counting.
540-29 (d) The voting booths or compartments must be of a size and design
541-30 to permit a voter to mark ballots in secret.
542-31 SECTION 17. IC 3-11-13-9, AS AMENDED BY P.L.190-2011,
543-32 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
544-33 JULY 1, 2023]: Sec. 9. (a) The public officials charged with the duty
545-34 of providing ballot cards or ballot labels shall also provide either or
546-35 both of the following:
547-36 (1) Sample ballots.
548-37 (2) An electronic form of the sample ballot arranged under
549-38 subsection (b), if the county election board requires display of
550-39 sample ballots using an electronic device under section 10.5 of
551-40 this chapter.
552-41 (b) A sample ballot must be:
553-42 (1) a copy of the official ballot cards or ballot labels;
554-EH 1116—LS 7192/DI 144 13
555-1 (2) arranged in the form of a diagram showing the front of the
556-2 marking device as it will appear at the election; and
557-3 (3) altered so marks on the sample ballot cannot be counted as
558-4 votes.
559-5 SECTION 18. IC 3-11-13-10 IS AMENDED TO READ AS
560-6 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) This subsection
561-7 applies when the county election board provides a precinct with a
562-8 printed sample ballot under section 9 of this chapter. The
563-9 appropriate precinct election officers shall post sample ballots near the
564-10 entrance to the polls on election day and see that they are available to
565-11 public inspection throughout the day.
566-12 (b) This subsection applies when the county election board
196+3 1, 2023]: Sec. 6.5. (a) This section applies to a person who commits
197+4 an offense under IC 3-14-2 after June 30, 2023.
198+5 (b) Notwithstanding sections 4, 5, and 6 of this chapter, a person
199+6 who is convicted of a felony under IC 3-14-2 is deprived of the right
200+7 of suffrage by the general assembly for a period of ten (10) years
201+8 following the date of conviction, pursuant to Article 2, Section 8 of
202+9 the Constitution of the State of Indiana.
203+10 (c) A person described in subsection (b) is not:
204+11 (1) authorized to vote; or
205+12 (2) eligible to register under this article;
206+13 during the period within which the person is deprived of the right
207+14 of suffrage, even if the person is no longer in prison or otherwise
208+15 subject to lawful detention.
209+16 (d) The reduction of a felony to a misdemeanor does not affect
210+17 the operation of subsections (b) and (c).
211+18 (e) The right of suffrage is immediately restored to a person
212+19 described in subsection (b) whose conviction is reversed on appeal
213+20 or on postconviction review at the earlier of the following:
214+21 (1) At the time the prosecuting attorney states on the record
215+22 that the charges that gave rise to the conviction will not be
216+23 refiled.
217+24 (2) Ninety (90) days after the final disposition of the appeal or
218+25 the postconviction proceeding.
219+26 (f) A person described in subsection (b) who is otherwise
220+27 qualified to register under this article is eligible to register after the
221+28 expiration of the period within which the person is deprived of the
222+29 right of suffrage.
223+30 SECTION 8. IC 3-7-46-1, AS AMENDED BY P.L.128-2015,
224+31 SECTION 140, IS AMENDED TO READ AS FOLLOWS
225+32 [EFFECTIVE JULY 1, 2023]: Sec. 1. As permitted under 52 U.S.C.
226+33 20507(a)(3)(B) and in the manner required under 52 U.S.C. 21083, a
227+34 county voter registration office shall remove from the official list of
228+35 registered voters the name of a voter who is disfranchised under:
229+36 (1) this chapter; or
230+37 (2) IC 3-7-13-6.5;
231+38 due to a criminal conviction.
232+39 SECTION 9. IC 3-11-3-11, AS AMENDED BY P.L.193-2021,
233+40 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
234+41 JULY 1, 2023]: Sec. 11. (a) Except as provided in subsection (b), the
235+42 county election board shall deliver the following to each inspector or
236+HB 1116—LS 7192/DI 144 6
237+1 the inspector's representative:
238+2 (1) The supplies provided for the inspector's precinct by the
239+3 election division.
240+4 (2) The sample ballots, the ballot labels, if any, and all poll lists,
241+5 registration lists, and other supplies considered necessary to
242+6 conduct the election in the inspector's precinct.
243+7 (3) The ballots printed under the direction of the county election
244+8 board as follows:
245+9 (A) In those precincts where ballot card voting systems are to
246+10 be used, the number of ballots at least equal to one hundred
247+11 percent (100%) of the number of voters in the inspector's
248+12 precinct, according to the poll list.
249+13 (B) In those precincts where electronic voting systems are to
250+14 be used, the number of ballots that will be required to be
251+15 printed and furnished to the precincts for emergency purposes
252+16 only.
253+17 (C) Provisional ballots in the number considered necessary by
254+18 the county election board.
255+19 (4) Twenty (20) ink pens suitable for printing the names of
256+20 write-in candidates on the ballot or ballot envelope.
257+21 (5) Copies of the voter's bill of rights for posting as required by 52
258+22 U.S.C. 21082.
259+23 (6) Copies of the instructions for a provisional voter required by
260+24 52 U.S.C. 21082 and IC 3-11.7-2-2. The county election board
261+25 shall provide at least the number of copies of the instructions as
262+26 the number of provisional ballots provided under subdivision (3).
263+27 (7) Copies of the notice for posting as required by IC 3-7-29-1(f).
264+28 (8) The blank voter registration applications required to be
265+29 provided under IC 3-7-48-7(b).
266+30 (9) A sample ballot or an electronic form of the sample ballot,
267+31 if required under IC 3-11-11-1.7, IC 3-11-13-9, or
268+32 IC 3-11-14-7.
269+33 (b) This subsection applies to a county that:
270+34 (1) has adopted an order under IC 3-7-29-6(a)(1); or
271+35 (2) is a vote center county under IC 3-11-18.1.
272+36 The county election board shall deliver and install the hardware,
273+37 firmware, and software necessary to use an electronic poll book in each
274+38 precinct or vote center.
275+39 SECTION 10. IC 3-11-3-25, AS AMENDED BY P.L.128-2015,
276+40 SECTION 155, IS AMENDED TO READ AS FOLLOWS
277+41 [EFFECTIVE JULY 1, 2023]: Sec. 25. (a) This subsection applies
278+42 when the county election board provides a precinct with a printed
279+HB 1116—LS 7192/DI 144 7
280+1 sample ballot under section 11 of this chapter. As required by 52
281+2 U.S.C. 21082, the inspector of each precinct shall post the samples of
282+3 each of the state and local ballots provided by the county election board
283+4 under this article in and about the polls. The sample ballots shall be
284+5 printed on different paper than the genuine ballots.
285+6 (b) An electronic device that is not an electronic poll book may
286+7 be used at a precinct or vote center to display a sample ballot. For
287+8 purposes of certification of voting systems under this article, an
288+9 electronic device, the only function of which is the display of
289+10 sample ballots, is not considered to be a voting system or part of a
290+11 voting system.
291+12 (c) This subsection applies when the county election board
567292 13 provides a precinct with an electronic form of the sample ballot
568-14 under section 9 of this chapter. The inspector of the precinct, or a
569-15 person under the direction of the inspector, shall post a notice near
570-16 the entrance of the chute for the precinct that the sample ballot for
571-17 the precinct is available for review on an electronic device. The
572-18 sample ballot must be made available for public inspection
573-19 throughout election day.
574-20 (c) This subsection applies to a county using vote centers when
293+14 under section 11 of this chapter. The inspector of the precinct, or
294+15 a person under the direction of the inspector, shall post a notice in
295+16 and about the polls that the sample ballot for the precinct is
296+17 available for review on an electronic device. The sample ballot
297+18 must be made available for public inspection throughout election
298+19 day.
299+20 (d) This subsection applies to a county using vote centers when
575300 21 the county election board provides the vote center with an
576-22 electronic form of the sample ballot under section 9 of this chapter.
577-23 The inspector of the vote center, or a person under the direction of
578-24 the inspector, shall post a notice near the entrance of the chute for
579-25 the vote center that the sample ballots for each precinct in the
580-26 county are available for review on an electronic device. The sample
581-27 ballots must be made available for public inspection throughout
582-28 election day.
583-29 SECTION 19. IC 3-11-13-10.5 IS ADDED TO THE INDIANA
584-30 CODE AS A NEW SECTION TO READ AS FOLLOWS
585-31 [EFFECTIVE JULY 1, 2023]: Sec. 10.5. For purposes of this
586-32 chapter, an electronic device that is not an electronic poll book may
587-33 be used at a precinct or vote center to display a sample ballot. For
588-34 purposes of certification of voting systems under this article, an
589-35 electronic device, the only function of which is the display of
590-36 sample ballots, is not considered to be a voting system or part of a
591-37 voting system.
592-38 SECTION 20. IC 3-11-13-27, AS AMENDED BY P.L.278-2019,
593-39 SECTION 107, IS AMENDED TO READ AS FOLLOWS
594-40 [EFFECTIVE JULY 1, 2023]: Sec. 27. (a) After the delivery of a ballot
595-41 card voting system to a precinct, the precinct election board may meet
596-42 at the polls on the same day and open the package containing the
597-EH 1116—LS 7192/DI 144 14
598-1 sample ballot cards, to determine whether the system is ready for use
599-2 in accordance with section 16 of this chapter. If a ballot card voting
600-3 system is not in compliance with that section, the board shall
601-4 immediately label, set and adjust, and place the system in order or have
602-5 it done.
603-6 (b) While acting under subsection (a), the precinct election board
604-7 may restrict access to parts of the room where marking devices and
605-8 other election material are being handled to safeguard this material.
606-9 (c) On the morning of election day, the precinct election officers
607-10 shall meet at the polls at least one (1) hour before the time for opening
608-11 the polls. The inspector then shall have:
609-12 (1) the boundaries of the chute designated;
610-13 (2) the sample ballots and instruction cards and either the:
611-14 (A) sample ballots; or
612-15 (B) notice under section 10(b) or 10(c) of this chapter;
613-16 posted; and
614-17 (3) everything put in readiness for the commencement of voting
615-18 at the opening of the polls.
616-19 (d) Before the opening of the polls, the precinct election officers
617-20 shall do the following:
618-21 (1) Compare the ballot cards used in the marking device with the
619-22 sample ballots furnished and determine whether the names,
620-23 numbers, and letters are in agreement.
621-24 (2) Determine that the system records that zero (0) votes have
622-25 been cast for each candidate and on each public question.
623-26 (3) Assure that the system is otherwise in perfect order.
624-27 (e) The officers then shall certify that:
625-28 (1) the marking device and the sample ballots are in agreement;
626-29 (2) the system records zero (0) votes cast; and
627-30 (3) the system appears to be in perfect order.
628-31 Forms shall be provided for certification, and the certification shall be
629-32 filed with the election returns.
630-33 (f) This subsection applies to a county using vote centers. Not later
631-34 than the first date that a voter may cast a ballot at a vote center, the
632-35 county election board shall do both of the following:
633-36 (1) Make the comparison between the sample ballots, regular
634-37 official ballots, and provisional ballots as provided in subsection
635-38 (d).
636-39 (2) Certify that the ballots are in agreement.
637-40 A copy of the certification shall be entered into the minutes of the
638-41 county election board.
639-42 (g) This subsection applies to a county using vote centers. The
640-EH 1116—LS 7192/DI 144 15
641-1 county election board shall do both of the following:
642-2 (1) Have copies of each sample ballot for each precinct available
643-3 for inspection by a voter at each vote center.
644-4 (2) Post a notice in the vote center stating that sample ballots are
645-5 available for inspection upon request by the voter.
646-6 SECTION 21. IC 3-11-14-7, AS AMENDED BY P.L.194-2013,
647-7 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
648-8 JULY 1, 2023]: Sec. 7. (a) Each county election board shall provide the
649-9 number of sample ballots the county election board considers adequate
650-10 for each precinct of the county. The county election board shall arrange
651-11 the sample ballots in the form of a diagram showing the entire front of
652-12 an electronic voting system as it will appear on the official ballots
653-13 printed under the jurisdiction of the county election board. However,
654-14 if presidential electors are to be voted for at an election, then the ballot
655-15 label of each political party or independent ticket must be in the form
656-16 prescribed by IC 3-10-4-1.
657-17 (b) Each county election board shall provide either or both of
658-18 the following for each precinct of the county:
659-19 (1) The number of sample ballots the county election board
660-20 considers adequate for each precinct.
661-21 (2) An electronic form of the sample ballot arranged under
662-22 subsection (a), if the county election board requires display of
663-23 sample ballots using an electronic device under section 18.5 of
664-24 this chapter.
665-25 SECTION 22. IC 3-11-14-18 IS AMENDED TO READ AS
666-26 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 18. (a) This subsection
667-27 applies when the county election board provides a precinct with a
668-28 printed sample ballot under section 7 of this chapter. The inspector
669-29 of each precinct, or a person under the direction of the inspector, shall
670-30 post sample ballots near the entrance of the chute for the precinct. The
671-31 ballots must be available for public inspection throughout election day.
672-32 (b) This subsection applies when the county election board
673-33 provides a precinct with an electronic form of the sample ballot
674-34 under section 7 of this chapter. The inspector of the precinct, or a
675-35 person under the direction of the inspector, shall post a notice near
676-36 the entrance of the chute for the precinct that the sample ballot for
677-37 the precinct is available for review on an electronic device. The
678-38 sample ballot must be made available for public inspection
679-39 throughout election day.
680-40 (c) This subsection applies to a county using vote centers when
681-41 the county election board provides the vote center with an
682-42 electronic form of the sample ballot under section 7 of this chapter.
683-EH 1116—LS 7192/DI 144 16
684-1 The inspector of the vote center, or a person under the direction of
685-2 the inspector, shall post a notice near the entrance of the chute for
686-3 the vote center that the sample ballots for each precinct in the
687-4 county are available for review on an electronic device. The sample
688-5 ballots must be made available for public inspection throughout
689-6 election day.
690-7 SECTION 23. IC 3-11-14-18.5 IS ADDED TO THE INDIANA
691-8 CODE AS A NEW SECTION TO READ AS FOLLOWS
692-9 [EFFECTIVE JULY 1, 2023]: Sec. 18.5. For purposes of this
693-10 chapter, an electronic device that is not an electronic poll book may
694-11 be used at a precinct or vote center to display a sample ballot. For
695-12 purposes of certification of voting systems under this article, an
696-13 electronic device, the only function of which is the display of
697-14 sample ballots, is not considered to be a voting system or part of a
698-15 voting system.
699-16 SECTION 24. IC 3-11-15-59, AS AMENDED BY P.L.193-2021,
700-17 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
701-18 JULY 1, 2023]: Sec. 59. (a) Whenever a county wishes to dispose of a
702-19 voting system unit or an electronic poll book unit, the county election
703-20 board must first file a plan with the election division. The plan must
704-21 state all of the following:
705-22 (1) The serial number of each unit to be disposed of by the
706-23 county.
707-24 (2) The method to be used for disposal of the equipment,
708-25 including sale, transfer, or destruction of the equipment and the
709-26 details about how the equipment will be disposed of. For
710-27 purposes of this subdivision, a disposal method of an
711-28 electronic poll book unit may include the deletion of any
712-29 electronic poll book software on the unit and the repurposing
713-30 of the unit as an electronic device to display an electronic
714-31 form of a sample ballot under IC 3-11-3-25, IC 3-11-11-1.3,
715-32 IC 3-11-13-10.5, and IC 3-11-14-18.5.
716-33 (3) That the disposal will occur in compliance with federal and
717-34 state laws requiring the retention of election materials until the
718-35 expiration of the period specified by those laws.
719-36 (4) The details regarding the person that will dispose of the
720-37 equipment.
721-38 (b) If the election division approves the proposed plan, the election
722-39 division shall notify:
723-40 (1) the county election board, which may then dispose of the
724-41 equipment; and
725-42 (2) the voting system technical oversight program (VSTOP)
726-EH 1116—LS 7192/DI 144 17
727-1 (established by IC 3-11-16-2).
728-2 (c) A county may not dispose of a voting system unit or an
729-3 electronic poll book unit by selling, transferring, or otherwise
730-4 surrendering ownership to a person to which a voting system vendor is
731-5 prohibited to sell, lease, or transfer possession of a voting system under
732-6 section 60 of this chapter, except to the vendor from whom the county
733-7 acquired the voting system unit or electronic poll book.
734-8 (d) A plan filed with the election division under this section is
735-9 confidential.
736-10 SECTION 25. IC 3-11-15-62 IS ADDED TO THE INDIANA
737-11 CODE AS A NEW SECTION TO READ AS FOLLOWS
738-12 [EFFECTIVE JULY 1, 2023]: Sec. 62. An electronic:
739-13 (1) code;
740-14 (2) tally;
741-15 (3) record;
742-16 (4) report; or
743-17 (5) representation of data;
744-18 that directly or indirectly indicates the selections made by a voter
745-19 while voting in an election is declared confidential for purposes of
746-20 IC 5-14-3-4.
747-21 SECTION 26. IC 3-14-2-19, AS AMENDED BY P.L.158-2013,
748-22 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
749-23 JULY 1, 2023]: Sec. 19. (a) A person who knowingly:
750-24 (1) forges or falsely makes the official endorsement of a ballot; or
751-25 (2) prints or circulates an imitation ballot;
752-26 commits a Level 6 felony.
753-27 (b) This section does not prohibit the:
754-28 (1) printing or circulation of a sample ballot or a reproduction of
755-29 an official ballot if the sample or reproduction complies with
756-30 IC 3-9-3-2.5 and the printing or circulation does not violate
757-31 IC 3-14-1-2; or
758-32 (2) displaying of a sample ballot under IC 3-11-3-25,
759-33 IC 3-11-11-1.3, IC 3-11-13-10.5, or IC 3-11-14-18.5.
760-34 SECTION 27. IC 3-14-3-4, AS AMENDED BY P.L.158-2013,
761-35 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
762-36 JULY 1, 2023]: Sec. 4. (a) A person who:
763-37 (1) knowingly obstructs or interferes with an election officer
764-38 worker in the discharge of the officer's election worker's duty;
765-39 or
766-40 (2) knowingly obstructs or interferes with a voter within the
767-41 chute;
768-42 commits a Level 6 felony.
769-EH 1116—LS 7192/DI 144 18
770-1 (b) A person who knowingly injures an election officer worker or
771-2 a voter:
772-3 (1) in the exercise of the officer's election worker's or voter's
773-4 rights or duties; or
774-5 (2) because the officer election worker or voter has exercised the
775-6 officer's election worker's or voter's rights or duties;
776-7 commits a Level 6 felony.
777-8 (c) A person called as a witness to testify against another for a
778-9 violation of this section is a competent witness to prove the offense
779-10 even though the person may have been a party to the violation. The
780-11 person shall be compelled to testify as other witnesses. However, the
781-12 person's evidence may not be used against the person in a prosecution
782-13 growing out of matters about which the person testifies, and the person
783-14 is not liable to indictment or information for the offense.
784-15 SECTION 28. IC 3-14-3-18, AS AMENDED BY P.L.158-2013,
785-16 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
786-17 JULY 1, 2023]: Sec. 18. (a) As used in this section, "candidate"
787-18 includes an individual whom the person knows is considering
788-19 becoming a candidate.
789-20 (b) A person who, for the purpose of influencing a voter, an election
790-21 worker, or a candidate, does any of the following commits a Level 6
791-22 felony:
792-23 (1) Seeks to enforce the payment of a debt by force or threat of
793-24 force.
794-25 (2) Ejects or threatens to eject the voter, election worker, or
795-26 candidate from a house the voter, election worker, or candidate
796-27 occupies.
797-28 (3) Begins a criminal prosecution.
798-29 (4) Damages the business or trade of the voter, election worker,
799-30 or candidate.
800-31 (5) Communicates a threat to commit a forcible felony (as defined
801-32 in IC 35-31.5-2-138) against a voter, an election worker, or a
802-33 candidate with the intent that the voter, election worker, or
803-34 candidate:
804-35 (A) engage in conduct against the voter's, election worker's,
805-36 or candidate's will; or
806-37 (B) be placed in fear of retaliation for a prior lawful act as a
807-38 voter, an election worker, or a candidate.
808-39 SECTION 29. IC 33-37-5-20, AS AMENDED BY P.L.38-2021,
809-40 SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
810-41 JULY 1, 2023]: Sec. 20. (a) This section applies to all civil, criminal,
811-42 infraction, and ordinance violation actions.
812-EH 1116—LS 7192/DI 144 19
813-1 (b) After June 30, 2015, and before July 1, 2023, the clerk shall
814-2 collect a document storage fee of five dollars ($5). after June 30, 2015.
815-3 (c) After June 30, 2023, the clerk shall collect a document
816-4 storage fee of eight dollars ($8).
817-5 SECTION 30. An emergency is declared for this act.
818-EH 1116—LS 7192/DI 144 20
301+22 electronic form of the sample ballot under section 11 of this
302+23 chapter. The inspector of the vote center, or a person under the
303+24 direction of the inspector, shall post a notice in and about the polls
304+25 that the sample ballots for each precinct in the county are available
305+26 for review on an electronic device. The sample ballots must be
306+27 made available for public inspection throughout election day.
307+28 SECTION 11. IC 3-11-11-1.3 IS ADDED TO THE INDIANA
308+29 CODE AS A NEW SECTION TO READ AS FOLLOWS
309+30 [EFFECTIVE JULY 1, 2023]: Sec. 1.3. For purposes of this chapter,
310+31 an electronic device that is not an electronic poll book may be used
311+32 at a precinct or vote center to display a sample ballot. For purposes
312+33 of certification of voting systems under this article, an electronic
313+34 device, the only function of which is the display of sample ballots,
314+35 is not considered to be a voting system or part of a voting system.
315+36 SECTION 12. IC 3-11-11-1.7, AS AMENDED BY THE
316+37 TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
317+38 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
318+39 JULY 1, 2023]: Sec. 1.7. (a) Each county election board shall provide
319+40 an adequate number of sample ballots for each precinct of the county.
320+41 The county election board shall arrange the sample ballots in the form
321+42 of a diagram showing:
322+HB 1116—LS 7192/DI 144 8
323+1 (1) the political party and independent tickets;
324+2 (2) the offices to be filled;
325+3 (3) the names of the candidates; and
326+4 (4) the public questions;
327+5 in the same order in which they will occur on the official ballots printed
328+6 under the jurisdiction of the election division and the county election
329+7 board. However, if presidential electors are to be voted for at an
330+8 election, then the ballot of each party or independent ticket must be in
331+9 the form prescribed by IC 3-10-4-1.
332+10 (b) Each county election board shall provide either or both of
333+11 the following for each precinct in the county:
334+12 (1) An adequate number of sample ballots.
335+13 (2) An electronic form of the sample ballot arranged under
336+14 subsection (a), if the county election board requires display of
337+15 sample ballots using an electronic device under section 1.3 of
338+16 this chapter.
339+17 (b) (c) This subsection applies to a county having a population of
340+18 more than four hundred thousand (400,000) but and less than seven
341+19 hundred thousand (700,000). At least ten (10) days before an election,
342+20 each county election board shall duplicate, distribute, and cause to be
343+21 posted copies of official sample ballots:
344+22 (1) received from the election division; and
345+23 (2) prepared by the county election board;
346+24 to schools, fire stations, county courthouses, and other public buildings
347+25 in the county.
348+26 SECTION 13. IC 3-11-11-1.9, AS AMENDED BY P.L.278-2019,
349+27 SECTION 101, IS AMENDED TO READ AS FOLLOWS
350+28 [EFFECTIVE JULY 1, 2023]: Sec. 1.9. (a) Before the opening of the
351+29 polls, the precinct election board shall compare the ballots with the
352+30 sample ballots and determine whether the names, numbers, and letters
353+31 are in agreement. The board then shall certify that the ballots and the
354+32 sample ballots are in agreement. Forms shall be provided for
355+33 certification, and the certification shall be filed with the election
356+34 returns.
357+35 (b) This subsection applies when the county election board
358+36 provides a precinct with a printed sample ballot under section 1.7
359+37 of this chapter. The inspector of each precinct, or a person under the
360+38 direction of the inspector, shall post sample ballots near the entrance
361+39 of the chute for the precinct. The ballots must be available for public
362+40 inspection throughout election day.
363+41 (c) This subsection applies when the county election board
364+42 provides a precinct with an electronic form of the sample ballot
365+HB 1116—LS 7192/DI 144 9
366+1 under section 1.7 of this chapter. The inspector of the precinct, or
367+2 a person under the direction of the inspector, shall post a notice
368+3 near the entrance of the chute for the precinct that the sample
369+4 ballot for the precinct is available for review on an electronic
370+5 device. The sample ballot must be made available for public
371+6 inspection throughout election day.
372+7 (c) (d) This subsection applies to a county using vote centers. Not
373+8 later than the first date that a voter may cast a ballot at a vote center,
374+9 the county election board shall do both of the following:
375+10 (1) Make the comparison between the sample ballots, regular
376+11 official ballots, and provisional ballots described in subsection
377+12 (a).
378+13 (2) Certify that the ballots are in agreement.
379+14 A copy of the certification shall be entered into the minutes of the
380+15 county election board.
381+16 (d) (e) This subsection applies to a county using vote centers. The
382+17 county election board shall do both of the following:
383+18 (1) Have copies of each sample ballot for each precinct available
384+19 for inspection by a voter at each vote center.
385+20 (2) Post a notice in the vote center stating that sample ballots are
386+21 available for inspection upon request by the voter.
387+22 (f) This subsection applies to a county using vote centers when
388+23 the county election board provides the vote center with an
389+24 electronic form of the sample ballot under section 1.7 of this
390+25 chapter. The inspector of the vote center, or a person under the
391+26 direction of the inspector, shall post a notice near the entrance of
392+27 the chute for the vote center that the sample ballots for each
393+28 precinct in the county are available for review on an electronic
394+29 device. The sample ballots must be made available for public
395+30 inspection throughout election day.
396+31 SECTION 14. IC 3-11-11-2, AS AMENDED BY P.L.221-2005,
397+32 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
398+33 JULY 1, 2023]: Sec. 2. (a) On the morning of election day, the precinct
399+34 election officers shall meet at the polls at least one (1) hour before the
400+35 time for opening the polls. The inspector then shall have:
401+36 (1) the boundaries of the chute designated;
402+37 (2) the sample ballots and instruction cards and either the:
403+38 (A) sample ballots; or
404+39 (B) notice under section 1.9(c) or 1.9(f) of this chapter;
405+40 posted; and
406+41 (3) everything put in readiness for the commencement of voting
407+42 at the opening of the polls.
408+HB 1116—LS 7192/DI 144 10
409+1 (b) At the opening of the polls, the inspector and judges shall see
410+2 that there are no ballots in the ballot box before the voting begins. After
411+3 the inspection of the box, the inspector shall:
412+4 (1) securely lock the box;
413+5 (2) give one (1) key to the judge of the opposite political party;
414+6 and
415+7 (3) retain one (1) key.
416+8 (c) Once securely locked, the ballot box may not be opened again
417+9 until after the polls have been closed and the precinct election board is
418+10 ready to immediately proceed with the counting, except as otherwise
419+11 provided for central counting.
420+12 (d) The voting booths or compartments must be of a size and design
421+13 to permit a voter to mark ballots in secret.
422+14 SECTION 15. IC 3-11-13-9, AS AMENDED BY P.L.190-2011,
423+15 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
424+16 JULY 1, 2023]: Sec. 9. (a) The public officials charged with the duty
425+17 of providing ballot cards or ballot labels shall also provide either or
426+18 both of the following:
427+19 (1) Sample ballots.
428+20 (2) An electronic form of the sample ballot arranged under
429+21 subsection (b), if the county election board requires display of
430+22 sample ballots using an electronic device under section 10.5 of
431+23 this chapter.
432+24 (b) A sample ballot must be:
433+25 (1) a copy of the official ballot cards or ballot labels;
434+26 (2) arranged in the form of a diagram showing the front of the
435+27 marking device as it will appear at the election; and
436+28 (3) altered so marks on the sample ballot cannot be counted as
437+29 votes.
438+30 SECTION 16. IC 3-11-13-10 IS AMENDED TO READ AS
439+31 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) This subsection
440+32 applies when the county election board provides a precinct with a
441+33 printed sample ballot under section 9 of this chapter. The
442+34 appropriate precinct election officers shall post sample ballots near the
443+35 entrance to the polls on election day and see that they are available to
444+36 public inspection throughout the day.
445+37 (b) This subsection applies when the county election board
446+38 provides a precinct with an electronic form of the sample ballot
447+39 under section 9 of this chapter. The inspector of the precinct, or a
448+40 person under the direction of the inspector, shall post a notice near
449+41 the entrance of the chute for the precinct that the sample ballot for
450+42 the precinct is available for review on an electronic device. The
451+HB 1116—LS 7192/DI 144 11
452+1 sample ballot must be made available for public inspection
453+2 throughout election day.
454+3 (c) This subsection applies to a county using vote centers when
455+4 the county election board provides the vote center with an
456+5 electronic form of the sample ballot under section 9 of this chapter.
457+6 The inspector of the vote center, or a person under the direction of
458+7 the inspector, shall post a notice near the entrance of the chute for
459+8 the vote center that the sample ballots for each precinct in the
460+9 county are available for review on an electronic device. The sample
461+10 ballots must be made available for public inspection throughout
462+11 election day.
463+12 SECTION 17. IC 3-11-13-10.5 IS ADDED TO THE INDIANA
464+13 CODE AS A NEW SECTION TO READ AS FOLLOWS
465+14 [EFFECTIVE JULY 1, 2023]: Sec. 10.5. For purposes of this
466+15 chapter, an electronic device that is not an electronic poll book may
467+16 be used at a precinct or vote center to display a sample ballot. For
468+17 purposes of certification of voting systems under this article, an
469+18 electronic device, the only function of which is the display of
470+19 sample ballots, is not considered to be a voting system or part of a
471+20 voting system.
472+21 SECTION 18. IC 3-11-13-27, AS AMENDED BY P.L.278-2019,
473+22 SECTION 107, IS AMENDED TO READ AS FOLLOWS
474+23 [EFFECTIVE JULY 1, 2023]: Sec. 27. (a) After the delivery of a ballot
475+24 card voting system to a precinct, the precinct election board may meet
476+25 at the polls on the same day and open the package containing the
477+26 sample ballot cards, to determine whether the system is ready for use
478+27 in accordance with section 16 of this chapter. If a ballot card voting
479+28 system is not in compliance with that section, the board shall
480+29 immediately label, set and adjust, and place the system in order or have
481+30 it done.
482+31 (b) While acting under subsection (a), the precinct election board
483+32 may restrict access to parts of the room where marking devices and
484+33 other election material are being handled to safeguard this material.
485+34 (c) On the morning of election day, the precinct election officers
486+35 shall meet at the polls at least one (1) hour before the time for opening
487+36 the polls. The inspector then shall have:
488+37 (1) the boundaries of the chute designated;
489+38 (2) the sample ballots and instruction cards and either the:
490+39 (A) sample ballots; or
491+40 (B) notice under section 10(b) or 10(c) of this chapter;
492+41 posted; and
493+42 (3) everything put in readiness for the commencement of voting
494+HB 1116—LS 7192/DI 144 12
495+1 at the opening of the polls.
496+2 (d) Before the opening of the polls, the precinct election officers
497+3 shall do the following:
498+4 (1) Compare the ballot cards used in the marking device with the
499+5 sample ballots furnished and determine whether the names,
500+6 numbers, and letters are in agreement.
501+7 (2) Determine that the system records that zero (0) votes have
502+8 been cast for each candidate and on each public question.
503+9 (3) Assure that the system is otherwise in perfect order.
504+10 (e) The officers then shall certify that:
505+11 (1) the marking device and the sample ballots are in agreement;
506+12 (2) the system records zero (0) votes cast; and
507+13 (3) the system appears to be in perfect order.
508+14 Forms shall be provided for certification, and the certification shall be
509+15 filed with the election returns.
510+16 (f) This subsection applies to a county using vote centers. Not later
511+17 than the first date that a voter may cast a ballot at a vote center, the
512+18 county election board shall do both of the following:
513+19 (1) Make the comparison between the sample ballots, regular
514+20 official ballots, and provisional ballots as provided in subsection
515+21 (d).
516+22 (2) Certify that the ballots are in agreement.
517+23 A copy of the certification shall be entered into the minutes of the
518+24 county election board.
519+25 (g) This subsection applies to a county using vote centers. The
520+26 county election board shall do both of the following:
521+27 (1) Have copies of each sample ballot for each precinct available
522+28 for inspection by a voter at each vote center.
523+29 (2) Post a notice in the vote center stating that sample ballots are
524+30 available for inspection upon request by the voter.
525+31 SECTION 19. IC 3-11-14-7, AS AMENDED BY P.L.194-2013,
526+32 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
527+33 JULY 1, 2023]: Sec. 7. (a) Each county election board shall provide the
528+34 number of sample ballots the county election board considers adequate
529+35 for each precinct of the county. The county election board shall arrange
530+36 the sample ballots in the form of a diagram showing the entire front of
531+37 an electronic voting system as it will appear on the official ballots
532+38 printed under the jurisdiction of the county election board. However,
533+39 if presidential electors are to be voted for at an election, then the ballot
534+40 label of each political party or independent ticket must be in the form
535+41 prescribed by IC 3-10-4-1.
536+42 (b) Each county election board shall provide either or both of
537+HB 1116—LS 7192/DI 144 13
538+1 the following for each precinct of the county:
539+2 (1) The number of sample ballots the county election board
540+3 considers adequate for each precinct.
541+4 (2) An electronic form of the sample ballot arranged under
542+5 subsection (a), if the county election board requires display of
543+6 sample ballots using an electronic device under section 18.5 of
544+7 this chapter.
545+8 SECTION 20. IC 3-11-14-18 IS AMENDED TO READ AS
546+9 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 18. (a) This subsection
547+10 applies when the county election board provides a precinct with a
548+11 printed sample ballot under section 7 of this chapter. The inspector
549+12 of each precinct, or a person under the direction of the inspector, shall
550+13 post sample ballots near the entrance of the chute for the precinct. The
551+14 ballots must be available for public inspection throughout election day.
552+15 (b) This subsection applies when the county election board
553+16 provides a precinct with an electronic form of the sample ballot
554+17 under section 7 of this chapter. The inspector of the precinct, or a
555+18 person under the direction of the inspector, shall post a notice near
556+19 the entrance of the chute for the precinct that the sample ballot for
557+20 the precinct is available for review on an electronic device. The
558+21 sample ballot must be made available for public inspection
559+22 throughout election day.
560+23 (c) This subsection applies to a county using vote centers when
561+24 the county election board provides the vote center with an
562+25 electronic form of the sample ballot under section 7 of this chapter.
563+26 The inspector of the vote center, or a person under the direction of
564+27 the inspector, shall post a notice near the entrance of the chute for
565+28 the vote center that the sample ballots for each precinct in the
566+29 county are available for review on an electronic device. The sample
567+30 ballots must be made available for public inspection throughout
568+31 election day.
569+32 SECTION 21. IC 3-11-14-18.5 IS ADDED TO THE INDIANA
570+33 CODE AS A NEW SECTION TO READ AS FOLLOWS
571+34 [EFFECTIVE JULY 1, 2023]: Sec. 18.5. For purposes of this
572+35 chapter, an electronic device that is not an electronic poll book may
573+36 be used at a precinct or vote center to display a sample ballot. For
574+37 purposes of certification of voting systems under this article, an
575+38 electronic device, the only function of which is the display of
576+39 sample ballots, is not considered to be a voting system or part of a
577+40 voting system.
578+41 SECTION 22. IC 3-11-15-59, AS AMENDED BY P.L.193-2021,
579+42 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
580+HB 1116—LS 7192/DI 144 14
581+1 JULY 1, 2023]: Sec. 59. (a) Whenever a county wishes to dispose of a
582+2 voting system unit or an electronic poll book unit, the county election
583+3 board must first file a plan with the election division. The plan must
584+4 state all of the following:
585+5 (1) The serial number of each unit to be disposed of by the
586+6 county.
587+7 (2) The method to be used for disposal of the equipment,
588+8 including sale, transfer, or destruction of the equipment and the
589+9 details about how the equipment will be disposed of. For
590+10 purposes of this subdivision, a disposal method of an
591+11 electronic poll book unit may include the deletion of any
592+12 electronic poll book software on the unit and the repurposing
593+13 of the unit as an electronic device to display an electronic
594+14 form of a sample ballot under IC 3-11-3-25, IC 3-11-11-1.3,
595+15 IC 3-11-13-10.5, and IC 3-11-14-18.5.
596+16 (3) That the disposal will occur in compliance with federal and
597+17 state laws requiring the retention of election materials until the
598+18 expiration of the period specified by those laws.
599+19 (4) The details regarding the person that will dispose of the
600+20 equipment.
601+21 (b) If the election division approves the proposed plan, the election
602+22 division shall notify:
603+23 (1) the county election board, which may then dispose of the
604+24 equipment; and
605+25 (2) the voting system technical oversight program (VSTOP)
606+26 (established by IC 3-11-16-2).
607+27 (c) A county may not dispose of a voting system unit or an
608+28 electronic poll book unit by selling, transferring, or otherwise
609+29 surrendering ownership to a person to which a voting system vendor is
610+30 prohibited to sell, lease, or transfer possession of a voting system under
611+31 section 60 of this chapter, except to the vendor from whom the county
612+32 acquired the voting system unit or electronic poll book.
613+33 (d) A plan filed with the election division under this section is
614+34 confidential.
615+35 SECTION 23. IC 3-14-2-19, AS AMENDED BY P.L.158-2013,
616+36 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
617+37 JULY 1, 2023]: Sec. 19. (a) A person who knowingly:
618+38 (1) forges or falsely makes the official endorsement of a ballot; or
619+39 (2) prints or circulates an imitation ballot;
620+40 commits a Level 6 felony.
621+41 (b) This section does not prohibit the:
622+42 (1) printing or circulation of a sample ballot or a reproduction of
623+HB 1116—LS 7192/DI 144 15
624+1 an official ballot if the sample or reproduction complies with
625+2 IC 3-9-3-2.5 and the printing or circulation does not violate
626+3 IC 3-14-1-2; or
627+4 (2) displaying of a sample ballot under IC 3-11-3-25,
628+5 IC 3-11-11-1.3, IC 3-11-13-10.5, or IC 3-11-14-18.5.
629+6 SECTION 24. IC 33-37-5-20, AS AMENDED BY P.L.38-2021,
630+7 SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
631+8 JULY 1, 2023]: Sec. 20. (a) This section applies to all civil, criminal,
632+9 infraction, and ordinance violation actions.
633+10 (b) After June 30, 2015, and before July 1, 2023, the clerk shall
634+11 collect a document storage fee of five dollars ($5). after June 30, 2015.
635+12 (c) After June 30, 2023, the clerk shall collect a document
636+13 storage fee of eight dollars ($8).
637+14 SECTION 25. An emergency is declared for this act.
638+HB 1116—LS 7192/DI 144 16
819639 COMMITTEE REPORT
820640 Mr. Speaker: Your Committee on Elections and Apportionment, to
821641 which was referred House Bill 1116, has had the same under
822642 consideration and begs leave to report the same back to the House with
823643 the recommendation that said bill be amended as follows:
824644 Page 1, delete lines 1 through 17, begin a new paragraph and insert:
825645 "SECTION 1. IC 3-5-10-7, AS AMENDED BY THE TECHNICAL
826646 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
827647 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
828648 PASSAGE]: Sec. 7. (a) Subject to section 8 of this chapter, a
829649 redistricting authority shall redistrict election districts according to at
830650 the following schedule: times:
831651 (1) If the census event is a federal decennial census, the
832652 following:
833653 (A) For a county executive or county fiscal body, only during
834654 the first year after the federal decennial census is conducted.
835655 (B) For a school corporation, only during the first year after
836656 the federal decennial census is conducted.
837657 (C) For a municipality that conducts its municipal elections in
838658 an odd numbered odd-numbered year, only during the second
839659 year after the federal decennial census is conducted.
840660 (D) For a municipality that conducts its municipal elections in:
841661 (i) an even numbered even-numbered year; or
842662 (i) (ii) both an even numbered even-numbered year and an
843663 odd numbered odd-numbered year;
844664 only during the first year after the federal decennial census is
845665 conducted.
846666 However, a body described in clauses (A) through (D) that has not
847667 completed the redistricting on March 1, 2022, has until December
848668 31, 2022, to redistrict the election districts from the 2020
849669 decennial census.
850670 (2) For a census event other than a federal decennial census, only
851671 during the first year after the year the census event becomes
852672 effective with respect to the political subdivision, as provided in
853673 IC 1-1-3.5-3.
854674 (3) Whenever a county adopts an order declaring a county
855675 boundary to be changed under IC 36-2-1-2 that affects the
856676 boundaries of the political subdivision.
857677 (4) Whenever required to assign annexed territory to a district,
858678 subject to the provisions of IC 36-4-3.
859679 (5) Whenever the boundary of the political subdivision is
860-EH 1116—LS 7192/DI 144 21
680+HB 1116—LS 7192/DI 144 17
861681 changed.
862682 (6) As provided in the order of a court that has found the current
863683 redistricting plan unconstitutional or otherwise unlawful.
864684 (b) A redistricting authority may not redistrict at a time other than
865685 is provided in subsection (a).
866686 SECTION 2. IC 3-5-10-7.3 IS ADDED TO THE INDIANA CODE
867687 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
868688 UPON PASSAGE]: Sec. 7.3. (a) Notwithstanding section 7 of this
869689 chapter, a municipal legislative body that has not completed the
870690 redistricting of its legislative body election districts before January
871691 1, 2023, shall, before May 15, 2023, adopt an ordinance to do one
872692 (1) of the following:
873693 (1) Redistrict the legislative body election districts based on
874694 the 2020 decennial census.
875695 (2) Certify, as provided in section 8 of this chapter, that the
876696 legislative body election districts in effect before January 1,
877697 2023, comply with the legislative body's applicable statute and
878698 other applicable law.
879699 (b) This section expires January 1, 2024.
880700 SECTION 3. IC 3-5-10-12 IS ADDED TO THE INDIANA CODE
881701 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
882702 JANUARY 1, 2024]: Sec. 12. (a) This section applies if a
883703 redistricting authority fails to do either of the following:
884704 (1) Redistrict at the times required by section 7 of this
885705 chapter.
886706 (2) Certify, under section 8 of this chapter, that the existing
887707 districts continue to satisfy all the requirements of the
888708 applicable statute and other applicable law.
889709 (b) Upon the petition of an individual who is a voter of a
890710 political subdivision whose redistricting authority is described in
891711 subsection (a), the secretary of state, or a designee of the secretary
892712 of state, shall hold a public hearing in the political subdivision to
893713 take public testimony regarding the districts for the political
894714 subdivision.
895715 (c) After the public hearing under subsection (b), the secretary
896716 of state shall issue an order to do one (1) of the following:
897717 (1) Adopt a redistricting plan for the political subdivision.
898718 (2) Certify that the existing districts continue to satisfy all the
899719 requirements of the applicable statute and other applicable
900720 law.
901721 (d) The districts of a redistricting plan adopted under subsection
902722 (c) must satisfy all the requirements of the applicable statute and
903-EH 1116—LS 7192/DI 144 22
723+HB 1116—LS 7192/DI 144 18
904724 other applicable law.
905725 (e) A redistricting plan adopted under subsection (c) must
906726 include in the order a map of the district boundaries as adopted or
907727 recertified.
908728 (f) The secretary of state shall file a copy of an order adopted
909729 under subsection (c) not later than thirty (30) days after the date
910730 of the order with each of the following:
911731 (1) The redistricting authority.
912732 (2) The executive of the political subdivision.
913733 (3) The circuit court clerk of the county that contains the
914734 greatest population of the political subdivision.
915735 (g) The districts established or recertified under subsection (c):
916736 (1) take effect when filed with the circuit court clerk of the
917737 county that contains the greatest population of the political
918738 subdivision, or as otherwise provided in the order; and
919739 (2) are the districts for the political subdivision until changed
920740 as provided in this chapter.
921741 SECTION 4. IC 3-7-12-22 IS AMENDED TO READ AS
922742 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 22. (a) In a county
923743 where the circuit court clerk serves as voter registration officer, the
924744 clerk is entitled to per diem compensation under subsection (b) or (c).
925745 (b) This subsection applies to the circuit court clerk of a county
926746 described in subsection (a) that contains not more than one
927747 hundred thousand (100,000) registered voters. The county shall
928748 pay at least the following to the circuit court clerk of the county:
929749 (1) Two thousand dollars ($2,000) not later than July 1 of each
930750 year in which a primary election is held.
931751 (2) Two thousand dollars ($2,000) not later than December 31
932752 of each year in which a general election is held.
933753 (c) This subsection applies to the circuit court clerk of a county
934754 described in subsection (a) that contains more than one hundred
935755 thousand (100,000) registered voters. The county shall pay at least
936756 the following to the circuit court clerk of the county:
937757 (1) Two thousand five hundred dollars ($2,500) not later than
938758 July 1 of each year in which a primary election is held.
939759 (2) Two thousand five hundred dollars ($2,500) not later than
940760 December 31 of each year in which a general election is held.
941761 (d) The circuit court clerk of a county described in subsection
942762 (a) is not entitled to per diem compensation under this section
943763 during a year in which a primary or general election is not held.
944764 (e) The per diem shall be paid out of the general fund of the county.
945765 in the same manner as election expenses are paid.".
946-EH 1116—LS 7192/DI 144 23
766+HB 1116—LS 7192/DI 144 19
947767 Page 2, delete line 1.
948768 Page 2, delete lines 26 through 42, begin a new paragraph and
949769 insert:
950770 "SECTION 7. IC 3-7-13-6.5 IS ADDED TO THE INDIANA CODE
951771 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
952772 1, 2023]: Sec. 6.5. (a) This section applies to a person who commits
953773 an offense under IC 3-14-2 after June 30, 2023.
954774 (b) Notwithstanding sections 4, 5, and 6 of this chapter, a person
955775 who is convicted of a felony under IC 3-14-2 is deprived of the right
956776 of suffrage by the general assembly for a period of ten (10) years
957777 following the date of conviction, pursuant to Article 2, Section 8 of
958778 the Constitution of the State of Indiana.
959779 (c) A person described in subsection (b) is not:
960780 (1) authorized to vote; or
961781 (2) eligible to register under this article;
962782 during the period within which the person is deprived of the right
963783 of suffrage, even if the person is no longer in prison or otherwise
964784 subject to lawful detention.
965785 (d) The reduction of a felony to a misdemeanor does not affect
966786 the operation of subsections (b) and (c).
967787 (e) The right of suffrage is immediately restored to a person
968788 described in subsection (b) whose conviction is reversed on appeal
969789 or on postconviction review at the earlier of the following:
970790 (1) At the time the prosecuting attorney states on the record
971791 that the charges that gave rise to the conviction will not be
972792 refiled.
973793 (2) Ninety (90) days after the final disposition of the appeal or
974794 the postconviction proceeding.
975795 (f) A person described in subsection (b) who is otherwise
976796 qualified to register under this article is eligible to register after the
977797 expiration of the period within which the person is deprived of the
978798 right of suffrage.".
979799 Page 3, delete lines 1 through 4.
980800 Page 3, line 21, strike "sample ballots, the".
981801 Page 4, line 5, delete "An electronic form of the sample ballot and
982802 provisional" and insert "A sample ballot or an electronic form of the
983803 sample".
984804 Page 4, delete lines 14 through 27, begin a new paragraph and
985805 insert:
986806 "SECTION 10. IC 3-11-3-25, AS AMENDED BY P.L.128-2015,
987807 SECTION 155, IS AMENDED TO READ AS FOLLOWS
988808 [EFFECTIVE JULY 1, 2023]: Sec. 25. (a) This subsection applies
989-EH 1116—LS 7192/DI 144 24
809+HB 1116—LS 7192/DI 144 20
990810 when the county election board provides a precinct with a printed
991811 sample ballot under section 11 of this chapter. As required by 52
992812 U.S.C. 21082, the inspector of each precinct shall post the samples of
993813 each of the state and local ballots provided by the county election board
994814 under this article in and about the polls. The sample ballots shall be
995815 printed on different paper than the genuine ballots.
996816 (b) An electronic device that is not an electronic poll book may
997817 be used at a precinct or vote center to display a sample ballot. For
998818 purposes of certification of voting systems under this article, an
999819 electronic device, the only function of which is the display of
1000820 sample ballots, is not considered to be a voting system or part of a
1001821 voting system.
1002822 (c) This subsection applies when the county election board
1003823 provides a precinct with an electronic form of the sample ballot
1004824 under section 11 of this chapter. The inspector of the precinct, or
1005825 a person under the direction of the inspector, shall post a notice in
1006826 and about the polls that the sample ballot for the precinct is
1007827 available for review on an electronic device. The sample ballot
1008828 must be made available for public inspection throughout election
1009829 day.
1010830 (d) This subsection applies to a county using vote centers when
1011831 the county election board provides the vote center with an
1012832 electronic form of the sample ballot under section 11 of this
1013833 chapter. The inspector of the vote center, or a person under the
1014834 direction of the inspector, shall post a notice in and about the polls
1015835 that the sample ballots for each precinct in the county are available
1016836 for review on an electronic device. The sample ballots must be
1017837 made available for public inspection throughout election day.".
1018838 Page 4, line 30, after "device" insert "that is not an electronic poll
1019839 book".
1020840 Page 4, line 31, delete "ballot".
1021841 Page 4, line 32, delete "or provisional".
1022842 Page 4, line 34, after "sample" delete "ballots and provisional".
1023843 Page 4, delete lines 36 through 42, begin a new paragraph and
1024844 insert:
1025845 "SECTION 12. IC 3-11-11-1.7, AS AMENDED BY THE
1026846 TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
1027847 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1028848 JULY 1, 2023]: Sec. 1.7. (a) Each county election board shall provide
1029849 an adequate number of sample ballots for each precinct of the county.
1030850 The county election board shall arrange the sample ballots in the form
1031851 of a diagram showing:
1032-EH 1116—LS 7192/DI 144 25
852+HB 1116—LS 7192/DI 144 21
1033853 (1) the political party and independent tickets;
1034854 (2) the offices to be filled;
1035855 (3) the names of the candidates; and
1036856 (4) the public questions;
1037857 in the same order in which they will occur on the official ballots printed
1038858 under the jurisdiction of the election division and the county election
1039859 board. However, if presidential electors are to be voted for at an
1040860 election, then the ballot of each party or independent ticket must be in
1041861 the form prescribed by IC 3-10-4-1.
1042862 (b) Each county election board shall provide either or both of
1043863 the following for each precinct in the county:
1044864 (1) An adequate number of sample ballots.
1045865 (2) An electronic form of the sample ballot arranged under
1046866 subsection (a), if the county election board requires display of
1047867 sample ballots using an electronic device under section 1.3 of
1048868 this chapter.
1049869 (b) (c) This subsection applies to a county having a population of
1050870 more than four hundred thousand (400,000) but and less than seven
1051871 hundred thousand (700,000). At least ten (10) days before an election,
1052872 each county election board shall duplicate, distribute, and cause to be
1053873 posted copies of official sample ballots:
1054874 (1) received from the election division; and
1055875 (2) prepared by the county election board;
1056876 to schools, fire stations, county courthouses, and other public buildings
1057877 in the county.
1058878 SECTION 13. IC 3-11-11-1.9, AS AMENDED BY P.L.278-2019,
1059879 SECTION 101, IS AMENDED TO READ AS FOLLOWS
1060880 [EFFECTIVE JULY 1, 2023]: Sec. 1.9. (a) Before the opening of the
1061881 polls, the precinct election board shall compare the ballots with the
1062882 sample ballots and determine whether the names, numbers, and letters
1063883 are in agreement. The board then shall certify that the ballots and the
1064884 sample ballots are in agreement. Forms shall be provided for
1065885 certification, and the certification shall be filed with the election
1066886 returns.
1067887 (b) This subsection applies when the county election board
1068888 provides a precinct with a printed sample ballot under section 1.7
1069889 of this chapter. The inspector of each precinct, or a person under the
1070890 direction of the inspector, shall post sample ballots near the entrance
1071891 of the chute for the precinct. The ballots must be available for public
1072892 inspection throughout election day.
1073893 (c) This subsection applies when the county election board
1074894 provides a precinct with an electronic form of the sample ballot
1075-EH 1116—LS 7192/DI 144 26
895+HB 1116—LS 7192/DI 144 22
1076896 under section 1.7 of this chapter. The inspector of the precinct, or
1077897 a person under the direction of the inspector, shall post a notice
1078898 near the entrance of the chute for the precinct that the sample
1079899 ballot for the precinct is available for review on an electronic
1080900 device. The sample ballot must be made available for public
1081901 inspection throughout election day.
1082902 (c) (d) This subsection applies to a county using vote centers. Not
1083903 later than the first date that a voter may cast a ballot at a vote center,
1084904 the county election board shall do both of the following:
1085905 (1) Make the comparison between the sample ballots, regular
1086906 official ballots, and provisional ballots described in subsection
1087907 (a).
1088908 (2) Certify that the ballots are in agreement.
1089909 A copy of the certification shall be entered into the minutes of the
1090910 county election board.
1091911 (d) (e) This subsection applies to a county using vote centers. The
1092912 county election board shall do both of the following:
1093913 (1) Have copies of each sample ballot for each precinct available
1094914 for inspection by a voter at each vote center.
1095915 (2) Post a notice in the vote center stating that sample ballots are
1096916 available for inspection upon request by the voter.
1097917 (f) This subsection applies to a county using vote centers when
1098918 the county election board provides the vote center with an
1099919 electronic form of the sample ballot under section 1.7 of this
1100920 chapter. The inspector of the vote center, or a person under the
1101921 direction of the inspector, shall post a notice near the entrance of
1102922 the chute for the vote center that the sample ballots for each
1103923 precinct in the county are available for review on an electronic
1104924 device. The sample ballots must be made available for public
1105925 inspection throughout election day.
1106926 SECTION 14. IC 3-11-11-2, AS AMENDED BY P.L.221-2005,
1107927 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1108928 JULY 1, 2023]: Sec. 2. (a) On the morning of election day, the precinct
1109929 election officers shall meet at the polls at least one (1) hour before the
1110930 time for opening the polls. The inspector then shall have:
1111931 (1) the boundaries of the chute designated;
1112932 (2) the sample ballots and instruction cards and either the:
1113933 (A) sample ballots; or
1114934 (B) notice under section 1.9(c) or 1.9(f) of this chapter;
1115935 posted; and
1116936 (3) everything put in readiness for the commencement of voting
1117937 at the opening of the polls.
1118-EH 1116—LS 7192/DI 144 27
938+HB 1116—LS 7192/DI 144 23
1119939 (b) At the opening of the polls, the inspector and judges shall see
1120940 that there are no ballots in the ballot box before the voting begins. After
1121941 the inspection of the box, the inspector shall:
1122942 (1) securely lock the box;
1123943 (2) give one (1) key to the judge of the opposite political party;
1124944 and
1125945 (3) retain one (1) key.
1126946 (c) Once securely locked, the ballot box may not be opened again
1127947 until after the polls have been closed and the precinct election board is
1128948 ready to immediately proceed with the counting, except as otherwise
1129949 provided for central counting.
1130950 (d) The voting booths or compartments must be of a size and design
1131951 to permit a voter to mark ballots in secret.
1132952 SECTION 15. IC 3-11-13-9, AS AMENDED BY P.L.190-2011,
1133953 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1134954 JULY 1, 2023]: Sec. 9. (a) The public officials charged with the duty
1135955 of providing ballot cards or ballot labels shall also provide either or
1136956 both of the following:
1137957 (1) Sample ballots.
1138958 (2) An electronic form of the sample ballot arranged under
1139959 subsection (b), if the county election board requires display of
1140960 sample ballots using an electronic device under section 10.5 of
1141961 this chapter.
1142962 (b) A sample ballot must be:
1143963 (1) a copy of the official ballot cards or ballot labels;
1144964 (2) arranged in the form of a diagram showing the front of the
1145965 marking device as it will appear at the election; and
1146966 (3) altered so marks on the sample ballot cannot be counted as
1147967 votes.
1148968 SECTION 16. IC 3-11-13-10 IS AMENDED TO READ AS
1149969 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) This subsection
1150970 applies when the county election board provides a precinct with a
1151971 printed sample ballot under section 9 of this chapter. The
1152972 appropriate precinct election officers shall post sample ballots near the
1153973 entrance to the polls on election day and see that they are available to
1154974 public inspection throughout the day.
1155975 (b) This subsection applies when the county election board
1156976 provides a precinct with an electronic form of the sample ballot
1157977 under section 9 of this chapter. The inspector of the precinct, or a
1158978 person under the direction of the inspector, shall post a notice near
1159979 the entrance of the chute for the precinct that the sample ballot for
1160980 the precinct is available for review on an electronic device. The
1161-EH 1116—LS 7192/DI 144 28
981+HB 1116—LS 7192/DI 144 24
1162982 sample ballot must be made available for public inspection
1163983 throughout election day.
1164984 (c) This subsection applies to a county using vote centers when
1165985 the county election board provides the vote center with an
1166986 electronic form of the sample ballot under section 9 of this chapter.
1167987 The inspector of the vote center, or a person under the direction of
1168988 the inspector, shall post a notice near the entrance of the chute for
1169989 the vote center that the sample ballots for each precinct in the
1170990 county are available for review on an electronic device. The sample
1171991 ballots must be made available for public inspection throughout
1172992 election day.".
1173993 Delete page 5.
1174994 Page 6, delete lines 1 through 6.
1175995 Page 6, line 10, after "device" insert "that is not an electronic poll
1176996 book".
1177997 Page 6, line 11, after "sample" delete "ballot or provisional".
1178998 Page 6, line 14, after "sample" delete "ballots and provisional".
1179999 Page 6, delete lines 16 through 38, begin a new paragraph and
11801000 insert:
11811001 "SECTION 18. IC 3-11-13-27, AS AMENDED BY P.L.278-2019,
11821002 SECTION 107, IS AMENDED TO READ AS FOLLOWS
11831003 [EFFECTIVE JULY 1, 2023]: Sec. 27. (a) After the delivery of a ballot
11841004 card voting system to a precinct, the precinct election board may meet
11851005 at the polls on the same day and open the package containing the
11861006 sample ballot cards, to determine whether the system is ready for use
11871007 in accordance with section 16 of this chapter. If a ballot card voting
11881008 system is not in compliance with that section, the board shall
11891009 immediately label, set and adjust, and place the system in order or have
11901010 it done.
11911011 (b) While acting under subsection (a), the precinct election board
11921012 may restrict access to parts of the room where marking devices and
11931013 other election material are being handled to safeguard this material.
11941014 (c) On the morning of election day, the precinct election officers
11951015 shall meet at the polls at least one (1) hour before the time for opening
11961016 the polls. The inspector then shall have:
11971017 (1) the boundaries of the chute designated;
11981018 (2) the sample ballots and instruction cards and either the:
11991019 (A) sample ballots; or
12001020 (B) notice under section 10(b) or 10(c) of this chapter;
12011021 posted; and
12021022 (3) everything put in readiness for the commencement of voting
12031023 at the opening of the polls.
1204-EH 1116—LS 7192/DI 144 29
1024+HB 1116—LS 7192/DI 144 25
12051025 (d) Before the opening of the polls, the precinct election officers
12061026 shall do the following:
12071027 (1) Compare the ballot cards used in the marking device with the
12081028 sample ballots furnished and determine whether the names,
12091029 numbers, and letters are in agreement.
12101030 (2) Determine that the system records that zero (0) votes have
12111031 been cast for each candidate and on each public question.
12121032 (3) Assure that the system is otherwise in perfect order.
12131033 (e) The officers then shall certify that:
12141034 (1) the marking device and the sample ballots are in agreement;
12151035 (2) the system records zero (0) votes cast; and
12161036 (3) the system appears to be in perfect order.
12171037 Forms shall be provided for certification, and the certification shall be
12181038 filed with the election returns.
12191039 (f) This subsection applies to a county using vote centers. Not later
12201040 than the first date that a voter may cast a ballot at a vote center, the
12211041 county election board shall do both of the following:
12221042 (1) Make the comparison between the sample ballots, regular
12231043 official ballots, and provisional ballots as provided in subsection
12241044 (d).
12251045 (2) Certify that the ballots are in agreement.
12261046 A copy of the certification shall be entered into the minutes of the
12271047 county election board.
12281048 (g) This subsection applies to a county using vote centers. The
12291049 county election board shall do both of the following:
12301050 (1) Have copies of each sample ballot for each precinct available
12311051 for inspection by a voter at each vote center.
12321052 (2) Post a notice in the vote center stating that sample ballots are
12331053 available for inspection upon request by the voter.
12341054 SECTION 19. IC 3-11-14-7, AS AMENDED BY P.L.194-2013,
12351055 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12361056 JULY 1, 2023]: Sec. 7. (a) Each county election board shall provide the
12371057 number of sample ballots the county election board considers adequate
12381058 for each precinct of the county. The county election board shall arrange
12391059 the sample ballots in the form of a diagram showing the entire front of
12401060 an electronic voting system as it will appear on the official ballots
12411061 printed under the jurisdiction of the county election board. However,
12421062 if presidential electors are to be voted for at an election, then the ballot
12431063 label of each political party or independent ticket must be in the form
12441064 prescribed by IC 3-10-4-1.
12451065 (b) Each county election board shall provide either or both of
12461066 the following for each precinct of the county:
1247-EH 1116—LS 7192/DI 144 30
1067+HB 1116—LS 7192/DI 144 26
12481068 (1) The number of sample ballots the county election board
12491069 considers adequate for each precinct.
12501070 (2) An electronic form of the sample ballot arranged under
12511071 subsection (a), if the county election board requires display of
12521072 sample ballots using an electronic device under section 18.5 of
12531073 this chapter.
12541074 SECTION 20. IC 3-11-14-18 IS AMENDED TO READ AS
12551075 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 18. (a) This subsection
12561076 applies when the county election board provides a precinct with a
12571077 printed sample ballot under section 7 of this chapter. The inspector
12581078 of each precinct, or a person under the direction of the inspector, shall
12591079 post sample ballots near the entrance of the chute for the precinct. The
12601080 ballots must be available for public inspection throughout election day.
12611081 (b) This subsection applies when the county election board
12621082 provides a precinct with an electronic form of the sample ballot
12631083 under section 7 of this chapter. The inspector of the precinct, or a
12641084 person under the direction of the inspector, shall post a notice near
12651085 the entrance of the chute for the precinct that the sample ballot for
12661086 the precinct is available for review on an electronic device. The
12671087 sample ballot must be made available for public inspection
12681088 throughout election day.
12691089 (c) This subsection applies to a county using vote centers when
12701090 the county election board provides the vote center with an
12711091 electronic form of the sample ballot under section 7 of this chapter.
12721092 The inspector of the vote center, or a person under the direction of
12731093 the inspector, shall post a notice near the entrance of the chute for
12741094 the vote center that the sample ballots for each precinct in the
12751095 county are available for review on an electronic device. The sample
12761096 ballots must be made available for public inspection throughout
12771097 election day.".
12781098 Page 6, line 42, after "device" insert "that is not an electronic poll
12791099 book".
12801100 Page 7, line 1, after "sample" delete "ballot or provisional".
12811101 Page 7, line 4, after "sample" delete "ballots and provisional".
12821102 Page 7, between lines 5 and 6, begin a new paragraph and insert:
12831103 "SECTION 21. IC 3-11-15-59, AS AMENDED BY P.L.193-2021,
12841104 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12851105 JULY 1, 2023]: Sec. 59. (a) Whenever a county wishes to dispose of a
12861106 voting system unit or an electronic poll book unit, the county election
12871107 board must first file a plan with the election division. The plan must
12881108 state all of the following:
12891109 (1) The serial number of each unit to be disposed of by the
1290-EH 1116—LS 7192/DI 144 31
1110+HB 1116—LS 7192/DI 144 27
12911111 county.
12921112 (2) The method to be used for disposal of the equipment,
12931113 including sale, transfer, or destruction of the equipment and the
12941114 details about how the equipment will be disposed of. For
12951115 purposes of this subdivision, a disposal method of an
12961116 electronic poll book unit may include the deletion of any
12971117 electronic poll book software on the unit and the repurposing
12981118 of the unit as an electronic device to display an electronic
12991119 form of a sample ballot under IC 3-11-3-25, IC 3-11-11-1.3,
13001120 IC 3-11-13-10.5, and IC 3-11-14-18.5.
13011121 (3) That the disposal will occur in compliance with federal and
13021122 state laws requiring the retention of election materials until the
13031123 expiration of the period specified by those laws.
13041124 (4) The details regarding the person that will dispose of the
13051125 equipment.
13061126 (b) If the election division approves the proposed plan, the election
13071127 division shall notify:
13081128 (1) the county election board, which may then dispose of the
13091129 equipment; and
13101130 (2) the voting system technical oversight program (VSTOP)
13111131 (established by IC 3-11-16-2).
13121132 (c) A county may not dispose of a voting system unit or an
13131133 electronic poll book unit by selling, transferring, or otherwise
13141134 surrendering ownership to a person to which a voting system vendor is
13151135 prohibited to sell, lease, or transfer possession of a voting system under
13161136 section 60 of this chapter, except to the vendor from whom the county
13171137 acquired the voting system unit or electronic poll book.
13181138 (d) A plan filed with the election division under this section is
13191139 confidential.".
13201140 Page 7, line 17, delete "display" and insert "displaying".
13211141 Page 7, line 17, delete "or provisional ballot".
13221142 Renumber all SECTIONS consecutively.
13231143 and when so amended that said bill do pass.
13241144 (Reference is to HB 1116 as introduced.)
13251145 WESCO
13261146 Committee Vote: yeas 6, nays 4.
1327-EH 1116—LS 7192/DI 144 32
1147+HB 1116—LS 7192/DI 144 28
13281148 COMMITTEE REPORT
13291149 Mr. Speaker: Your Committee on Ways and Means, to which was
13301150 referred House Bill 1116, has had the same under consideration and
13311151 begs leave to report the same back to the House with the
13321152 recommendation that said bill do pass.
13331153 (Reference is to HB 1116 as printed January 26, 2023.)
13341154 THOMPSON
13351155 Committee Vote: Yeas 14, Nays 9
1336-_____
1337-COMMITTEE REPORT
1338-Madam President: The Senate Committee on Elections, to which
1339-was referred House Bill No. 1116, has had the same under
1340-consideration and begs leave to report the same back to the Senate with
1341-the recommendation that said bill be AMENDED as follows:
1342-Page 1, between the enacting clause and line 1, begin a new
1343-paragraph and insert:
1344-"SECTION 1. IC 3-5-2-19.8 IS ADDED TO THE INDIANA CODE
1345-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1346-1, 2023]: Sec. 19.8. "Election worker" means an individual who:
1347-(1) serves as:
1348-(A) the secretary of state;
1349-(B) an employee of the election division;
1350-(C) a member of the commission;
1351-(D) a precinct election officer, including an individual who
1352-serves as a precinct election officer at a vote center using
1353-a different title under IC 3-6-6-5.5;
1354-(E) a member of a county election board;
1355-(F) a member of a county board of elections and
1356-registration;
1357-(G) a member of a board of registration established under
1358-IC 3-7-12;
1359-(H) a circuit court clerk;
1360-(I) an employee of the office of a circuit court clerk;
1361-(J) a member of a town election board;
1362-(K) an individual who serves under IC 3-6-6-39;
1363-(L) a challenger or pollbook holder under IC 3-6-7;
1364-(M) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10; or
1365-(N) an individual appointed under IC 3-11.5-4:
1366-(i) to an absentee voter board;
1367-EH 1116—LS 7192/DI 144 33
1368-(ii) as an absentee ballot counter; or
1369-(iii) as a courier; or
1370-(2) either:
1371-(A) works in exchange for compensation; or
1372-(B) volunteers;
1373-at a precinct or vote center under the supervision of one (1) or
1374-more of the individuals listed in subdivision (1)(A) through
1375-(1)(N).".
1376-Page 5, line 26, delete "(f)" and insert "(f)".
1377-Page 7, between lines 27 and 28, begin a new paragraph and insert:
1378-"SECTION 12. IC 3-11-10-25, AS AMENDED BY P.L.193-2021,
1379-SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1380-JULY 1, 2023]: Sec. 25. (a) A voter who votes by absentee ballot
1381-because of:
1382-(1) illness or injury; or
1383-(2) caring for a confined person at a private residence;
1384-and who is within the county may vote before an absentee voter board
1385-or by mail.
1386-(b) If requested by a voter described in subsection (a) or by a voter
1387-with disabilities whose precinct is not accessible to voters with
1388-disabilities, an absentee voter board shall visit the voter's place of
1389-confinement or the residence of the voter with disabilities:
1390-(1) during the regular office hours of the circuit court clerk;
1391-(2) at a time agreed to by the board and the voter;
1392-(3) on any of the nineteen (19) days immediately before election
1393-day; and
1394-(4) only once before an election, unless:
1395-(A) the confined voter is unavailable at the time of the board's
1396-first visit due to a medical emergency; or
1397-(B) the board, in its discretion, decides to make an additional
1398-visit.
1399-(c) This subsection applies to a voter confined due to illness or
1400-injury. An absentee voter board may not be denied access to the voter's
1401-place of confinement if the board is present at the place of confinement
1402-at a time:
1403-(1) agreed to by the board and the voter; and
1404-(2) during the regular office hours of the circuit court clerk. A
1405-person who knowingly violates this subsection commits
1406-obstruction or interference with an election officer worker in the
1407-discharge of the officer's election worker's duty, a violation of
1408-IC 3-14-3-4.
1409-(d) The county election board, by unanimous vote of the board's
1410-EH 1116—LS 7192/DI 144 34
1411-entire membership, may authorize an absentee voter board to visit a
1412-voter who is confined due to illness or injury and will be outside the
1413-county on election day in accordance with the procedures set forth in
1414-subsection (b).
1415-(e) The county election board, by unanimous vote of the board's
1416-entire membership, may:
1417-(1) authorize an absentee voter board to visit the voter after first
1418-confirming that the individual is a registered voter of the county;
1419-and
1420-(2) permit the voter to complete an absentee ballot application
1421-before the absentee voter board.
1422-If both members of the absentee voter board approve the voter's
1423-application under this subsection, the board shall provide the voter with
1424-an absentee ballot.
1425-(f) As provided by 52 U.S.C. 21081, a voter casting an absentee
1426-ballot under this section must be:
1427-(1) permitted to verify in a private and independent manner the
1428-votes selected by the voter before the ballot is cast and counted;
1429-(2) provided with the opportunity to change the ballot or correct
1430-any error in a private and independent manner before the ballot is
1431-cast and counted, including the opportunity to receive a
1432-replacement ballot if the voter is otherwise unable to change or
1433-correct the ballot; and
1434-(3) notified before the ballot is cast regarding the effect of casting
1435-multiple votes for the office and provided an opportunity to
1436-correct the ballot before the ballot is cast and counted.
1437-(g) As provided by 52 U.S.C. 21081, when an absentee ballot is
1438-provided under this section, the board must also provide the voter with:
1439-(1) information concerning the effect of casting multiple votes for
1440-an office; and
1441-(2) instructions on how to correct the ballot before the ballot is
1442-cast and counted, including the issuance of replacement ballots.
1443-(h) This subsection applies to a voter who applies to vote an
1444-absentee ballot by mail. The county election board shall include a copy
1445-of the Absentee Voter's Bill of Rights with any absentee ballot mailed
1446-to the voter.
1447-(i) An absentee voter board visiting a voter under this section may
1448-use an electronic poll book.".
1449-Page 14, between lines 34 and 35, begin a new paragraph and insert:
1450-"SECTION 25. IC 3-11-15-62 IS ADDED TO THE INDIANA
1451-CODE AS A NEW SECTION TO READ AS FOLLOWS
1452-[EFFECTIVE JULY 1, 2023]: Sec. 62. An electronic:
1453-EH 1116—LS 7192/DI 144 35
1454-(1) code;
1455-(2) tally;
1456-(3) record;
1457-(4) report; or
1458-(5) representation of data;
1459-that directly or indirectly indicates the selections made by a voter
1460-while voting in an election is declared confidential for purposes of
1461-IC 5-14-3-4.".
1462-Page 15, between lines 5 and 6, begin a new paragraph and insert:
1463-"SECTION 27. IC 3-14-3-4, AS AMENDED BY P.L.158-2013,
1464-SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1465-JULY 1, 2023]: Sec. 4. (a) A person who:
1466-(1) knowingly obstructs or interferes with an election officer
1467-worker in the discharge of the officer's election worker's duty;
1468-or
1469-(2) knowingly obstructs or interferes with a voter within the
1470-chute;
1471-commits a Level 6 felony.
1472-(b) A person who knowingly injures an election officer worker or
1473-a voter:
1474-(1) in the exercise of the officer's election worker's or voter's
1475-rights or duties; or
1476-(2) because the officer election worker or voter has exercised the
1477-officer's election worker's or voter's rights or duties;
1478-commits a Level 6 felony.
1479-(c) A person called as a witness to testify against another for a
1480-violation of this section is a competent witness to prove the offense
1481-even though the person may have been a party to the violation. The
1482-person shall be compelled to testify as other witnesses. However, the
1483-person's evidence may not be used against the person in a prosecution
1484-growing out of matters about which the person testifies, and the person
1485-is not liable to indictment or information for the offense.
1486-SECTION 28. IC 3-14-3-18, AS AMENDED BY P.L.158-2013,
1487-SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1488-JULY 1, 2023]: Sec. 18. (a) As used in this section, "candidate"
1489-includes an individual whom the person knows is considering
1490-becoming a candidate.
1491-(b) A person who, for the purpose of influencing a voter, an election
1492-worker, or a candidate, does any of the following commits a Level 6
1493-felony:
1494-(1) Seeks to enforce the payment of a debt by force or threat of
1495-force.
1496-EH 1116—LS 7192/DI 144 36
1497-(2) Ejects or threatens to eject the voter, election worker, or
1498-candidate from a house the voter, election worker, or candidate
1499-occupies.
1500-(3) Begins a criminal prosecution.
1501-(4) Damages the business or trade of the voter, election worker,
1502-or candidate.
1503-(5) Communicates a threat to commit a forcible felony (as defined
1504-in IC 35-31.5-2-138) against a voter, an election worker, or a
1505-candidate with the intent that the voter, election worker, or
1506-candidate:
1507-(A) engage in conduct against the voter's, election worker's,
1508-or candidate's will; or
1509-(B) be placed in fear of retaliation for a prior lawful act as a
1510-voter, an election worker, or a candidate.".
1511-Renumber all SECTIONS consecutively.
1512-and when so amended that said bill do pass and be reassigned to the
1513-Senate Committee on Tax and Fiscal Policy.
1514-(Reference is to HB 1116 as printed February 9, 2023.)
1515-FORD JON, Chairperson
1516-Committee Vote: Yeas 6, Nays 2.
1517-EH 1116—LS 7192/DI 144
1156+HB 1116—LS 7192/DI 144