*EH1116.1*
March 21, 2023
ENGROSSED
HOUSE BILL No. 1116
_____
DIGEST OF HB 1116 (Updated March 20, 2023 12:38 pm - DI 144)
Citations Affected: IC 3-5; IC 3-7; IC 3-11; IC 3-14; IC 33-37.
Synopsis: Various elections matters. Defines "election worker" and
makes it a Level 6 felony to take certain actions: (1) for the purpose of
influencing an election worker; (2) to obstruct or interfere with an
election worker; or (3) that injure an election worker. Provides that if
a municipal legislative body failed to redistrict its legislative body
districts before January 1, 2023, the municipal legislative body is
required to do so before May 15, 2023. Provides that if a redistricting
authority fails to redistrict as required by law, an individual who is a
voter of the political subdivision whose redistricting authority failed to
(Continued next page)
Effective: Upon passage; July 1, 2023; January 1, 2024.
Wesco, Pierce K
(SENATE SPONSORS — WALKER G, FORD JON)
January 10, 2023, read first time and referred to Committee on Elections and
Apportionment.
January 26, 2023, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
February 9, 2023, reported — Do Pass.
February 16, 2023, read second time, ordered engrossed.
February 17, 2023, engrossed.
February 20, 2023, read third time, passed. Yeas 73, nays 24.
SENATE ACTION
February 28, 2023, read first time and referred to Committee on Elections.
March 20, 2023, amended, reported favorably — Do Pass; reassigned to Committee on Tax
and Fiscal Policy.
EH 1116—LS 7192/DI 144 Digest Continued
redistrict as required may petition the secretary of state to establish
election districts for the political subdivision. Requires certain counties
to pay a specified annual per diem to the circuit court clerk of the
county. Provides that a person who is convicted of a vote fraud felony
committed after June 30, 2023, is deprived of the right of suffrage by
the general assembly for a period of 10 years following the date of
conviction. Authorizes the repurposing of an electronic poll book unit
as a device to display sample ballots if the electronic poll book
software is deleted from the unit. Permits the use of an electronic
device at a precinct or vote center to display a sample ballot. Declares
confidential particular information that directly or indirectly indicates
the selections made by a voter while voting in an election. Increases
from $5 to $8 the document storage fee collected by certain court
clerks.
EH 1116—LS 7192/DI 144EH 1116—LS 7192/DI 144 March 21, 2023
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1116
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-5-2-19.8 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2023]: Sec. 19.8. "Election worker" means an individual who:
4 (1) serves as:
5 (A) the secretary of state;
6 (B) an employee of the election division;
7 (C) a member of the commission;
8 (D) a precinct election officer, including an individual who
9 serves as a precinct election officer at a vote center using
10 a different title under IC 3-6-6-5.5;
11 (E) a member of a county election board;
12 (F) a member of a county board of elections and
13 registration;
14 (G) a member of a board of registration established under
15 IC 3-7-12;
16 (H) a circuit court clerk;
17 (I) an employee of the office of a circuit court clerk;
EH 1116—LS 7192/DI 144 2
1 (J) a member of a town election board;
2 (K) an individual who serves under IC 3-6-6-39;
3 (L) a challenger or pollbook holder under IC 3-6-7;
4 (M) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10; or
5 (N) an individual appointed under IC 3-11.5-4:
6 (i) to an absentee voter board;
7 (ii) as an absentee ballot counter; or
8 (iii) as a courier; or
9 (2) either:
10 (A) works in exchange for compensation; or
11 (B) volunteers;
12 at a precinct or vote center under the supervision of one (1) or
13 more of the individuals listed in subdivision (1)(A) through
14 (1)(N).
15 SECTION 2. IC 3-5-10-7, AS AMENDED BY THE TECHNICAL
16 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
17 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
18 PASSAGE]: Sec. 7. (a) Subject to section 8 of this chapter, a
19 redistricting authority shall redistrict election districts according to at
20 the following schedule: times:
21 (1) If the census event is a federal decennial census, the
22 following:
23 (A) For a county executive or county fiscal body, only during
24 the first year after the federal decennial census is conducted.
25 (B) For a school corporation, only during the first year after
26 the federal decennial census is conducted.
27 (C) For a municipality that conducts its municipal elections in
28 an odd numbered odd-numbered year, only during the second
29 year after the federal decennial census is conducted.
30 (D) For a municipality that conducts its municipal elections in:
31 (i) an even numbered even-numbered year; or
32 (i) (ii) both an even numbered even-numbered year and an
33 odd numbered odd-numbered year;
34 only during the first year after the federal decennial census is
35 conducted.
36 However, a body described in clauses (A) through (D) that has not
37 completed the redistricting on March 1, 2022, has until December
38 31, 2022, to redistrict the election districts from the 2020
39 decennial census.
40 (2) For a census event other than a federal decennial census, only
41 during the first year after the year the census event becomes
42 effective with respect to the political subdivision, as provided in
EH 1116—LS 7192/DI 144 3
1 IC 1-1-3.5-3.
2 (3) Whenever a county adopts an order declaring a county
3 boundary to be changed under IC 36-2-1-2 that affects the
4 boundaries of the political subdivision.
5 (4) Whenever required to assign annexed territory to a district,
6 subject to the provisions of IC 36-4-3.
7 (5) Whenever the boundary of the political subdivision is
8 changed.
9 (6) As provided in the order of a court that has found the current
10 redistricting plan unconstitutional or otherwise unlawful.
11 (b) A redistricting authority may not redistrict at a time other than
12 is provided in subsection (a).
13 SECTION 3. IC 3-5-10-7.3 IS ADDED TO THE INDIANA CODE
14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
15 UPON PASSAGE]: Sec. 7.3. (a) Notwithstanding section 7 of this
16 chapter, a municipal legislative body that has not completed the
17 redistricting of its legislative body election districts before January
18 1, 2023, shall, before May 15, 2023, adopt an ordinance to do one
19 (1) of the following:
20 (1) Redistrict the legislative body election districts based on
21 the 2020 decennial census.
22 (2) Certify, as provided in section 8 of this chapter, that the
23 legislative body election districts in effect before January 1,
24 2023, comply with the legislative body's applicable statute and
25 other applicable law.
26 (b) This section expires January 1, 2024.
27 SECTION 4. IC 3-5-10-12 IS ADDED TO THE INDIANA CODE
28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
29 JANUARY 1, 2024]: Sec. 12. (a) This section applies if a
30 redistricting authority fails to do either of the following:
31 (1) Redistrict at the times required by section 7 of this
32 chapter.
33 (2) Certify, under section 8 of this chapter, that the existing
34 districts continue to satisfy all the requirements of the
35 applicable statute and other applicable law.
36 (b) Upon the petition of an individual who is a voter of a
37 political subdivision whose redistricting authority is described in
38 subsection (a), the secretary of state, or a designee of the secretary
39 of state, shall hold a public hearing in the political subdivision to
40 take public testimony regarding the districts for the political
41 subdivision.
42 (c) After the public hearing under subsection (b), the secretary
EH 1116—LS 7192/DI 144 4
1 of state shall issue an order to do one (1) of the following:
2 (1) Adopt a redistricting plan for the political subdivision.
3 (2) Certify that the existing districts continue to satisfy all the
4 requirements of the applicable statute and other applicable
5 law.
6 (d) The districts of a redistricting plan adopted under subsection
7 (c) must satisfy all the requirements of the applicable statute and
8 other applicable law.
9 (e) A redistricting plan adopted under subsection (c) must
10 include in the order a map of the district boundaries as adopted or
11 recertified.
12 (f) The secretary of state shall file a copy of an order adopted
13 under subsection (c) not later than thirty (30) days after the date
14 of the order with each of the following:
15 (1) The redistricting authority.
16 (2) The executive of the political subdivision.
17 (3) The circuit court clerk of the county that contains the
18 greatest population of the political subdivision.
19 (g) The districts established or recertified under subsection (c):
20 (1) take effect when filed with the circuit court clerk of the
21 county that contains the greatest population of the political
22 subdivision, or as otherwise provided in the order; and
23 (2) are the districts for the political subdivision until changed
24 as provided in this chapter.
25 SECTION 5. IC 3-7-12-22 IS AMENDED TO READ AS
26 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 22. (a) In a county
27 where the circuit court clerk serves as voter registration officer, the
28 clerk is entitled to per diem compensation under subsection (b) or (c).
29 (b) This subsection applies to the circuit court clerk of a county
30 described in subsection (a) that contains not more than one
31 hundred thousand (100,000) registered voters. The county shall
32 pay at least the following to the circuit court clerk of the county:
33 (1) Two thousand dollars ($2,000) not later than July 1 of each
34 year in which a primary election is held.
35 (2) Two thousand dollars ($2,000) not later than December 31
36 of each year in which a general election is held.
37 (c) This subsection applies to the circuit court clerk of a county
38 described in subsection (a) that contains more than one hundred
39 thousand (100,000) registered voters. The county shall pay at least
40 the following to the circuit court clerk of the county:
41 (1) Two thousand five hundred dollars ($2,500) not later than
42 July 1 of each year in which a primary election is held.
EH 1116—LS 7192/DI 144 5
1 (2) Two thousand five hundred dollars ($2,500) not later than
2 December 31 of each year in which a general election is held.
3 (d) The circuit court clerk of a county described in subsection
4 (a) is not entitled to per diem compensation under this section
5 during a year in which a primary or general election is not held.
6 (e) The per diem shall be paid out of the general fund of the county.
7 in the same manner as election expenses are paid.
8 SECTION 6. IC 3-7-13-4 IS AMENDED TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) A person who is:
10 (1) convicted of a crime; and
11 (2) imprisoned following conviction;
12 is deprived of the right of suffrage by the general assembly pursuant to
13 Article 2, Section 8 of the Constitution of the State of Indiana.
14 (b) Except as provided in section 6.5 of this chapter, a person
15 described in subsection (a) is ineligible to register under this article
16 during the period that the person is:
17 (1) imprisoned; or
18 (2) otherwise subject to lawful detention.
19 SECTION 7. IC 3-7-13-6 IS AMENDED TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) This section applies to a
21 person who is:
22 (1) otherwise qualified to register under this article; and
23 (2) not imprisoned or subject to lawful detention.
24 (b) Except as provided in section 6.5 of this chapter, a person
25 described in subsection (a) who is:
26 (1) on probation;
27 (2) on parole;
28 (3) subject to home detention under IC 35-38-2.5; or
29 (4) placed in a community corrections program under
30 IC 35-38-2.6;
31 is eligible to register and to vote.
32 SECTION 8. IC 3-7-13-6.5 IS ADDED TO THE INDIANA CODE
33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2023]: Sec. 6.5. (a) This section applies to a person who commits
35 an offense under IC 3-14-2 after June 30, 2023.
36 (b) Notwithstanding sections 4, 5, and 6 of this chapter, a person
37 who is convicted of a felony under IC 3-14-2 is deprived of the right
38 of suffrage by the general assembly for a period of ten (10) years
39 following the date of conviction, pursuant to Article 2, Section 8 of
40 the Constitution of the State of Indiana.
41 (c) A person described in subsection (b) is not:
42 (1) authorized to vote; or
EH 1116—LS 7192/DI 144 6
1 (2) eligible to register under this article;
2 during the period within which the person is deprived of the right
3 of suffrage, even if the person is no longer in prison or otherwise
4 subject to lawful detention.
5 (d) The reduction of a felony to a misdemeanor does not affect
6 the operation of subsections (b) and (c).
7 (e) The right of suffrage is immediately restored to a person
8 described in subsection (b) whose conviction is reversed on appeal
9 or on postconviction review at the earlier of the following:
10 (1) At the time the prosecuting attorney states on the record
11 that the charges that gave rise to the conviction will not be
12 refiled.
13 (2) Ninety (90) days after the final disposition of the appeal or
14 the postconviction proceeding.
15 (f) A person described in subsection (b) who is otherwise
16 qualified to register under this article is eligible to register after the
17 expiration of the period within which the person is deprived of the
18 right of suffrage.
19 SECTION 9. IC 3-7-46-1, AS AMENDED BY P.L.128-2015,
20 SECTION 140, IS AMENDED TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2023]: Sec. 1. As permitted under 52 U.S.C.
22 20507(a)(3)(B) and in the manner required under 52 U.S.C. 21083, a
23 county voter registration office shall remove from the official list of
24 registered voters the name of a voter who is disfranchised under:
25 (1) this chapter; or
26 (2) IC 3-7-13-6.5;
27 due to a criminal conviction.
28 SECTION 10. IC 3-11-3-11, AS AMENDED BY P.L.193-2021,
29 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2023]: Sec. 11. (a) Except as provided in subsection (b), the
31 county election board shall deliver the following to each inspector or
32 the inspector's representative:
33 (1) The supplies provided for the inspector's precinct by the
34 election division.
35 (2) The sample ballots, the ballot labels, if any, and all poll lists,
36 registration lists, and other supplies considered necessary to
37 conduct the election in the inspector's precinct.
38 (3) The ballots printed under the direction of the county election
39 board as follows:
40 (A) In those precincts where ballot card voting systems are to
41 be used, the number of ballots at least equal to one hundred
42 percent (100%) of the number of voters in the inspector's
EH 1116—LS 7192/DI 144 7
1 precinct, according to the poll list.
2 (B) In those precincts where electronic voting systems are to
3 be used, the number of ballots that will be required to be
4 printed and furnished to the precincts for emergency purposes
5 only.
6 (C) Provisional ballots in the number considered necessary by
7 the county election board.
8 (4) Twenty (20) ink pens suitable for printing the names of
9 write-in candidates on the ballot or ballot envelope.
10 (5) Copies of the voter's bill of rights for posting as required by 52
11 U.S.C. 21082.
12 (6) Copies of the instructions for a provisional voter required by
13 52 U.S.C. 21082 and IC 3-11.7-2-2. The county election board
14 shall provide at least the number of copies of the instructions as
15 the number of provisional ballots provided under subdivision (3).
16 (7) Copies of the notice for posting as required by IC 3-7-29-1(f).
17 (8) The blank voter registration applications required to be
18 provided under IC 3-7-48-7(b).
19 (9) A sample ballot or an electronic form of the sample ballot,
20 if required under IC 3-11-11-1.7, IC 3-11-13-9, or
21 IC 3-11-14-7.
22 (b) This subsection applies to a county that:
23 (1) has adopted an order under IC 3-7-29-6(a)(1); or
24 (2) is a vote center county under IC 3-11-18.1.
25 The county election board shall deliver and install the hardware,
26 firmware, and software necessary to use an electronic poll book in each
27 precinct or vote center.
28 SECTION 11. IC 3-11-3-25, AS AMENDED BY P.L.128-2015,
29 SECTION 155, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2023]: Sec. 25. (a) This subsection applies
31 when the county election board provides a precinct with a printed
32 sample ballot under section 11 of this chapter. As required by 52
33 U.S.C. 21082, the inspector of each precinct shall post the samples of
34 each of the state and local ballots provided by the county election board
35 under this article in and about the polls. The sample ballots shall be
36 printed on different paper than the genuine ballots.
37 (b) An electronic device that is not an electronic poll book may
38 be used at a precinct or vote center to display a sample ballot. For
39 purposes of certification of voting systems under this article, an
40 electronic device, the only function of which is the display of
41 sample ballots, is not considered to be a voting system or part of a
42 voting system.
EH 1116—LS 7192/DI 144 8
1 (c) This subsection applies when the county election board
2 provides a precinct with an electronic form of the sample ballot
3 under section 11 of this chapter. The inspector of the precinct, or
4 a person under the direction of the inspector, shall post a notice in
5 and about the polls that the sample ballot for the precinct is
6 available for review on an electronic device. The sample ballot
7 must be made available for public inspection throughout election
8 day.
9 (d) This subsection applies to a county using vote centers when
10 the county election board provides the vote center with an
11 electronic form of the sample ballot under section 11 of this
12 chapter. The inspector of the vote center, or a person under the
13 direction of the inspector, shall post a notice in and about the polls
14 that the sample ballots for each precinct in the county are available
15 for review on an electronic device. The sample ballots must be
16 made available for public inspection throughout election day.
17 SECTION 12. IC 3-11-10-25, AS AMENDED BY P.L.193-2021,
18 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2023]: Sec. 25. (a) A voter who votes by absentee ballot
20 because of:
21 (1) illness or injury; or
22 (2) caring for a confined person at a private residence;
23 and who is within the county may vote before an absentee voter board
24 or by mail.
25 (b) If requested by a voter described in subsection (a) or by a voter
26 with disabilities whose precinct is not accessible to voters with
27 disabilities, an absentee voter board shall visit the voter's place of
28 confinement or the residence of the voter with disabilities:
29 (1) during the regular office hours of the circuit court clerk;
30 (2) at a time agreed to by the board and the voter;
31 (3) on any of the nineteen (19) days immediately before election
32 day; and
33 (4) only once before an election, unless:
34 (A) the confined voter is unavailable at the time of the board's
35 first visit due to a medical emergency; or
36 (B) the board, in its discretion, decides to make an additional
37 visit.
38 (c) This subsection applies to a voter confined due to illness or
39 injury. An absentee voter board may not be denied access to the voter's
40 place of confinement if the board is present at the place of confinement
41 at a time:
42 (1) agreed to by the board and the voter; and
EH 1116—LS 7192/DI 144 9
1 (2) during the regular office hours of the circuit court clerk. A
2 person who knowingly violates this subsection commits
3 obstruction or interference with an election officer worker in the
4 discharge of the officer's election worker's duty, a violation of
5 IC 3-14-3-4.
6 (d) The county election board, by unanimous vote of the board's
7 entire membership, may authorize an absentee voter board to visit a
8 voter who is confined due to illness or injury and will be outside the
9 county on election day in accordance with the procedures set forth in
10 subsection (b).
11 (e) The county election board, by unanimous vote of the board's
12 entire membership, may:
13 (1) authorize an absentee voter board to visit the voter after first
14 confirming that the individual is a registered voter of the county;
15 and
16 (2) permit the voter to complete an absentee ballot application
17 before the absentee voter board.
18 If both members of the absentee voter board approve the voter's
19 application under this subsection, the board shall provide the voter with
20 an absentee ballot.
21 (f) As provided by 52 U.S.C. 21081, a voter casting an absentee
22 ballot under this section must be:
23 (1) permitted to verify in a private and independent manner the
24 votes selected by the voter before the ballot is cast and counted;
25 (2) provided with the opportunity to change the ballot or correct
26 any error in a private and independent manner before the ballot is
27 cast and counted, including the opportunity to receive a
28 replacement ballot if the voter is otherwise unable to change or
29 correct the ballot; and
30 (3) notified before the ballot is cast regarding the effect of casting
31 multiple votes for the office and provided an opportunity to
32 correct the ballot before the ballot is cast and counted.
33 (g) As provided by 52 U.S.C. 21081, when an absentee ballot is
34 provided under this section, the board must also provide the voter with:
35 (1) information concerning the effect of casting multiple votes for
36 an office; and
37 (2) instructions on how to correct the ballot before the ballot is
38 cast and counted, including the issuance of replacement ballots.
39 (h) This subsection applies to a voter who applies to vote an
40 absentee ballot by mail. The county election board shall include a copy
41 of the Absentee Voter's Bill of Rights with any absentee ballot mailed
42 to the voter.
EH 1116—LS 7192/DI 144 10
1 (i) An absentee voter board visiting a voter under this section may
2 use an electronic poll book.
3 SECTION 13. IC 3-11-11-1.3 IS ADDED TO THE INDIANA
4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2023]: Sec. 1.3. For purposes of this chapter,
6 an electronic device that is not an electronic poll book may be used
7 at a precinct or vote center to display a sample ballot. For purposes
8 of certification of voting systems under this article, an electronic
9 device, the only function of which is the display of sample ballots,
10 is not considered to be a voting system or part of a voting system.
11 SECTION 14. IC 3-11-11-1.7, AS AMENDED BY THE
12 TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
13 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2023]: Sec. 1.7. (a) Each county election board shall provide
15 an adequate number of sample ballots for each precinct of the county.
16 The county election board shall arrange the sample ballots in the form
17 of a diagram showing:
18 (1) the political party and independent tickets;
19 (2) the offices to be filled;
20 (3) the names of the candidates; and
21 (4) the public questions;
22 in the same order in which they will occur on the official ballots printed
23 under the jurisdiction of the election division and the county election
24 board. However, if presidential electors are to be voted for at an
25 election, then the ballot of each party or independent ticket must be in
26 the form prescribed by IC 3-10-4-1.
27 (b) Each county election board shall provide either or both of
28 the following for each precinct in the county:
29 (1) An adequate number of sample ballots.
30 (2) An electronic form of the sample ballot arranged under
31 subsection (a), if the county election board requires display of
32 sample ballots using an electronic device under section 1.3 of
33 this chapter.
34 (b) (c) This subsection applies to a county having a population of
35 more than four hundred thousand (400,000) but and less than seven
36 hundred thousand (700,000). At least ten (10) days before an election,
37 each county election board shall duplicate, distribute, and cause to be
38 posted copies of official sample ballots:
39 (1) received from the election division; and
40 (2) prepared by the county election board;
41 to schools, fire stations, county courthouses, and other public buildings
42 in the county.
EH 1116—LS 7192/DI 144 11
1 SECTION 15. IC 3-11-11-1.9, AS AMENDED BY P.L.278-2019,
2 SECTION 101, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2023]: Sec. 1.9. (a) Before the opening of the
4 polls, the precinct election board shall compare the ballots with the
5 sample ballots and determine whether the names, numbers, and letters
6 are in agreement. The board then shall certify that the ballots and the
7 sample ballots are in agreement. Forms shall be provided for
8 certification, and the certification shall be filed with the election
9 returns.
10 (b) This subsection applies when the county election board
11 provides a precinct with a printed sample ballot under section 1.7
12 of this chapter. The inspector of each precinct, or a person under the
13 direction of the inspector, shall post sample ballots near the entrance
14 of the chute for the precinct. The ballots must be available for public
15 inspection throughout election day.
16 (c) This subsection applies when the county election board
17 provides a precinct with an electronic form of the sample ballot
18 under section 1.7 of this chapter. The inspector of the precinct, or
19 a person under the direction of the inspector, shall post a notice
20 near the entrance of the chute for the precinct that the sample
21 ballot for the precinct is available for review on an electronic
22 device. The sample ballot must be made available for public
23 inspection throughout election day.
24 (c) (d) This subsection applies to a county using vote centers. Not
25 later than the first date that a voter may cast a ballot at a vote center,
26 the county election board shall do both of the following:
27 (1) Make the comparison between the sample ballots, regular
28 official ballots, and provisional ballots described in subsection
29 (a).
30 (2) Certify that the ballots are in agreement.
31 A copy of the certification shall be entered into the minutes of the
32 county election board.
33 (d) (e) This subsection applies to a county using vote centers. The
34 county election board shall do both of the following:
35 (1) Have copies of each sample ballot for each precinct available
36 for inspection by a voter at each vote center.
37 (2) Post a notice in the vote center stating that sample ballots are
38 available for inspection upon request by the voter.
39 (f) This subsection applies to a county using vote centers when
40 the county election board provides the vote center with an
41 electronic form of the sample ballot under section 1.7 of this
42 chapter. The inspector of the vote center, or a person under the
EH 1116—LS 7192/DI 144 12
1 direction of the inspector, shall post a notice near the entrance of
2 the chute for the vote center that the sample ballots for each
3 precinct in the county are available for review on an electronic
4 device. The sample ballots must be made available for public
5 inspection throughout election day.
6 SECTION 16. IC 3-11-11-2, AS AMENDED BY P.L.221-2005,
7 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2023]: Sec. 2. (a) On the morning of election day, the precinct
9 election officers shall meet at the polls at least one (1) hour before the
10 time for opening the polls. The inspector then shall have:
11 (1) the boundaries of the chute designated;
12 (2) the sample ballots and instruction cards and either the:
13 (A) sample ballots; or
14 (B) notice under section 1.9(c) or 1.9(f) of this chapter;
15 posted; and
16 (3) everything put in readiness for the commencement of voting
17 at the opening of the polls.
18 (b) At the opening of the polls, the inspector and judges shall see
19 that there are no ballots in the ballot box before the voting begins. After
20 the inspection of the box, the inspector shall:
21 (1) securely lock the box;
22 (2) give one (1) key to the judge of the opposite political party;
23 and
24 (3) retain one (1) key.
25 (c) Once securely locked, the ballot box may not be opened again
26 until after the polls have been closed and the precinct election board is
27 ready to immediately proceed with the counting, except as otherwise
28 provided for central counting.
29 (d) The voting booths or compartments must be of a size and design
30 to permit a voter to mark ballots in secret.
31 SECTION 17. IC 3-11-13-9, AS AMENDED BY P.L.190-2011,
32 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2023]: Sec. 9. (a) The public officials charged with the duty
34 of providing ballot cards or ballot labels shall also provide either or
35 both of the following:
36 (1) Sample ballots.
37 (2) An electronic form of the sample ballot arranged under
38 subsection (b), if the county election board requires display of
39 sample ballots using an electronic device under section 10.5 of
40 this chapter.
41 (b) A sample ballot must be:
42 (1) a copy of the official ballot cards or ballot labels;
EH 1116—LS 7192/DI 144 13
1 (2) arranged in the form of a diagram showing the front of the
2 marking device as it will appear at the election; and
3 (3) altered so marks on the sample ballot cannot be counted as
4 votes.
5 SECTION 18. IC 3-11-13-10 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) This subsection
7 applies when the county election board provides a precinct with a
8 printed sample ballot under section 9 of this chapter. The
9 appropriate precinct election officers shall post sample ballots near the
10 entrance to the polls on election day and see that they are available to
11 public inspection throughout the day.
12 (b) This subsection applies when the county election board
13 provides a precinct with an electronic form of the sample ballot
14 under section 9 of this chapter. The inspector of the precinct, or a
15 person under the direction of the inspector, shall post a notice near
16 the entrance of the chute for the precinct that the sample ballot for
17 the precinct is available for review on an electronic device. The
18 sample ballot must be made available for public inspection
19 throughout election day.
20 (c) This subsection applies to a county using vote centers when
21 the county election board provides the vote center with an
22 electronic form of the sample ballot under section 9 of this chapter.
23 The inspector of the vote center, or a person under the direction of
24 the inspector, shall post a notice near the entrance of the chute for
25 the vote center that the sample ballots for each precinct in the
26 county are available for review on an electronic device. The sample
27 ballots must be made available for public inspection throughout
28 election day.
29 SECTION 19. IC 3-11-13-10.5 IS ADDED TO THE INDIANA
30 CODE AS A NEW SECTION TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2023]: Sec. 10.5. For purposes of this
32 chapter, an electronic device that is not an electronic poll book may
33 be used at a precinct or vote center to display a sample ballot. For
34 purposes of certification of voting systems under this article, an
35 electronic device, the only function of which is the display of
36 sample ballots, is not considered to be a voting system or part of a
37 voting system.
38 SECTION 20. IC 3-11-13-27, AS AMENDED BY P.L.278-2019,
39 SECTION 107, IS AMENDED TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2023]: Sec. 27. (a) After the delivery of a ballot
41 card voting system to a precinct, the precinct election board may meet
42 at the polls on the same day and open the package containing the
EH 1116—LS 7192/DI 144 14
1 sample ballot cards, to determine whether the system is ready for use
2 in accordance with section 16 of this chapter. If a ballot card voting
3 system is not in compliance with that section, the board shall
4 immediately label, set and adjust, and place the system in order or have
5 it done.
6 (b) While acting under subsection (a), the precinct election board
7 may restrict access to parts of the room where marking devices and
8 other election material are being handled to safeguard this material.
9 (c) On the morning of election day, the precinct election officers
10 shall meet at the polls at least one (1) hour before the time for opening
11 the polls. The inspector then shall have:
12 (1) the boundaries of the chute designated;
13 (2) the sample ballots and instruction cards and either the:
14 (A) sample ballots; or
15 (B) notice under section 10(b) or 10(c) of this chapter;
16 posted; and
17 (3) everything put in readiness for the commencement of voting
18 at the opening of the polls.
19 (d) Before the opening of the polls, the precinct election officers
20 shall do the following:
21 (1) Compare the ballot cards used in the marking device with the
22 sample ballots furnished and determine whether the names,
23 numbers, and letters are in agreement.
24 (2) Determine that the system records that zero (0) votes have
25 been cast for each candidate and on each public question.
26 (3) Assure that the system is otherwise in perfect order.
27 (e) The officers then shall certify that:
28 (1) the marking device and the sample ballots are in agreement;
29 (2) the system records zero (0) votes cast; and
30 (3) the system appears to be in perfect order.
31 Forms shall be provided for certification, and the certification shall be
32 filed with the election returns.
33 (f) This subsection applies to a county using vote centers. Not later
34 than the first date that a voter may cast a ballot at a vote center, the
35 county election board shall do both of the following:
36 (1) Make the comparison between the sample ballots, regular
37 official ballots, and provisional ballots as provided in subsection
38 (d).
39 (2) Certify that the ballots are in agreement.
40 A copy of the certification shall be entered into the minutes of the
41 county election board.
42 (g) This subsection applies to a county using vote centers. The
EH 1116—LS 7192/DI 144 15
1 county election board shall do both of the following:
2 (1) Have copies of each sample ballot for each precinct available
3 for inspection by a voter at each vote center.
4 (2) Post a notice in the vote center stating that sample ballots are
5 available for inspection upon request by the voter.
6 SECTION 21. IC 3-11-14-7, AS AMENDED BY P.L.194-2013,
7 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2023]: Sec. 7. (a) Each county election board shall provide the
9 number of sample ballots the county election board considers adequate
10 for each precinct of the county. The county election board shall arrange
11 the sample ballots in the form of a diagram showing the entire front of
12 an electronic voting system as it will appear on the official ballots
13 printed under the jurisdiction of the county election board. However,
14 if presidential electors are to be voted for at an election, then the ballot
15 label of each political party or independent ticket must be in the form
16 prescribed by IC 3-10-4-1.
17 (b) Each county election board shall provide either or both of
18 the following for each precinct of the county:
19 (1) The number of sample ballots the county election board
20 considers adequate for each precinct.
21 (2) An electronic form of the sample ballot arranged under
22 subsection (a), if the county election board requires display of
23 sample ballots using an electronic device under section 18.5 of
24 this chapter.
25 SECTION 22. IC 3-11-14-18 IS AMENDED TO READ AS
26 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 18. (a) This subsection
27 applies when the county election board provides a precinct with a
28 printed sample ballot under section 7 of this chapter. The inspector
29 of each precinct, or a person under the direction of the inspector, shall
30 post sample ballots near the entrance of the chute for the precinct. The
31 ballots must be available for public inspection throughout election day.
32 (b) This subsection applies when the county election board
33 provides a precinct with an electronic form of the sample ballot
34 under section 7 of this chapter. The inspector of the precinct, or a
35 person under the direction of the inspector, shall post a notice near
36 the entrance of the chute for the precinct that the sample ballot for
37 the precinct is available for review on an electronic device. The
38 sample ballot must be made available for public inspection
39 throughout election day.
40 (c) This subsection applies to a county using vote centers when
41 the county election board provides the vote center with an
42 electronic form of the sample ballot under section 7 of this chapter.
EH 1116—LS 7192/DI 144 16
1 The inspector of the vote center, or a person under the direction of
2 the inspector, shall post a notice near the entrance of the chute for
3 the vote center that the sample ballots for each precinct in the
4 county are available for review on an electronic device. The sample
5 ballots must be made available for public inspection throughout
6 election day.
7 SECTION 23. IC 3-11-14-18.5 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2023]: Sec. 18.5. For purposes of this
10 chapter, an electronic device that is not an electronic poll book may
11 be used at a precinct or vote center to display a sample ballot. For
12 purposes of certification of voting systems under this article, an
13 electronic device, the only function of which is the display of
14 sample ballots, is not considered to be a voting system or part of a
15 voting system.
16 SECTION 24. IC 3-11-15-59, AS AMENDED BY P.L.193-2021,
17 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2023]: Sec. 59. (a) Whenever a county wishes to dispose of a
19 voting system unit or an electronic poll book unit, the county election
20 board must first file a plan with the election division. The plan must
21 state all of the following:
22 (1) The serial number of each unit to be disposed of by the
23 county.
24 (2) The method to be used for disposal of the equipment,
25 including sale, transfer, or destruction of the equipment and the
26 details about how the equipment will be disposed of. For
27 purposes of this subdivision, a disposal method of an
28 electronic poll book unit may include the deletion of any
29 electronic poll book software on the unit and the repurposing
30 of the unit as an electronic device to display an electronic
31 form of a sample ballot under IC 3-11-3-25, IC 3-11-11-1.3,
32 IC 3-11-13-10.5, and IC 3-11-14-18.5.
33 (3) That the disposal will occur in compliance with federal and
34 state laws requiring the retention of election materials until the
35 expiration of the period specified by those laws.
36 (4) The details regarding the person that will dispose of the
37 equipment.
38 (b) If the election division approves the proposed plan, the election
39 division shall notify:
40 (1) the county election board, which may then dispose of the
41 equipment; and
42 (2) the voting system technical oversight program (VSTOP)
EH 1116—LS 7192/DI 144 17
1 (established by IC 3-11-16-2).
2 (c) A county may not dispose of a voting system unit or an
3 electronic poll book unit by selling, transferring, or otherwise
4 surrendering ownership to a person to which a voting system vendor is
5 prohibited to sell, lease, or transfer possession of a voting system under
6 section 60 of this chapter, except to the vendor from whom the county
7 acquired the voting system unit or electronic poll book.
8 (d) A plan filed with the election division under this section is
9 confidential.
10 SECTION 25. IC 3-11-15-62 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2023]: Sec. 62. An electronic:
13 (1) code;
14 (2) tally;
15 (3) record;
16 (4) report; or
17 (5) representation of data;
18 that directly or indirectly indicates the selections made by a voter
19 while voting in an election is declared confidential for purposes of
20 IC 5-14-3-4.
21 SECTION 26. IC 3-14-2-19, AS AMENDED BY P.L.158-2013,
22 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2023]: Sec. 19. (a) A person who knowingly:
24 (1) forges or falsely makes the official endorsement of a ballot; or
25 (2) prints or circulates an imitation ballot;
26 commits a Level 6 felony.
27 (b) This section does not prohibit the:
28 (1) printing or circulation of a sample ballot or a reproduction of
29 an official ballot if the sample or reproduction complies with
30 IC 3-9-3-2.5 and the printing or circulation does not violate
31 IC 3-14-1-2; or
32 (2) displaying of a sample ballot under IC 3-11-3-25,
33 IC 3-11-11-1.3, IC 3-11-13-10.5, or IC 3-11-14-18.5.
34 SECTION 27. IC 3-14-3-4, AS AMENDED BY P.L.158-2013,
35 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2023]: Sec. 4. (a) A person who:
37 (1) knowingly obstructs or interferes with an election officer
38 worker in the discharge of the officer's election worker's duty;
39 or
40 (2) knowingly obstructs or interferes with a voter within the
41 chute;
42 commits a Level 6 felony.
EH 1116—LS 7192/DI 144 18
1 (b) A person who knowingly injures an election officer worker or
2 a voter:
3 (1) in the exercise of the officer's election worker's or voter's
4 rights or duties; or
5 (2) because the officer election worker or voter has exercised the
6 officer's election worker's or voter's rights or duties;
7 commits a Level 6 felony.
8 (c) A person called as a witness to testify against another for a
9 violation of this section is a competent witness to prove the offense
10 even though the person may have been a party to the violation. The
11 person shall be compelled to testify as other witnesses. However, the
12 person's evidence may not be used against the person in a prosecution
13 growing out of matters about which the person testifies, and the person
14 is not liable to indictment or information for the offense.
15 SECTION 28. IC 3-14-3-18, AS AMENDED BY P.L.158-2013,
16 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2023]: Sec. 18. (a) As used in this section, "candidate"
18 includes an individual whom the person knows is considering
19 becoming a candidate.
20 (b) A person who, for the purpose of influencing a voter, an election
21 worker, or a candidate, does any of the following commits a Level 6
22 felony:
23 (1) Seeks to enforce the payment of a debt by force or threat of
24 force.
25 (2) Ejects or threatens to eject the voter, election worker, or
26 candidate from a house the voter, election worker, or candidate
27 occupies.
28 (3) Begins a criminal prosecution.
29 (4) Damages the business or trade of the voter, election worker,
30 or candidate.
31 (5) Communicates a threat to commit a forcible felony (as defined
32 in IC 35-31.5-2-138) against a voter, an election worker, or a
33 candidate with the intent that the voter, election worker, or
34 candidate:
35 (A) engage in conduct against the voter's, election worker's,
36 or candidate's will; or
37 (B) be placed in fear of retaliation for a prior lawful act as a
38 voter, an election worker, or a candidate.
39 SECTION 29. IC 33-37-5-20, AS AMENDED BY P.L.38-2021,
40 SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2023]: Sec. 20. (a) This section applies to all civil, criminal,
42 infraction, and ordinance violation actions.
EH 1116—LS 7192/DI 144 19
1 (b) After June 30, 2015, and before July 1, 2023, the clerk shall
2 collect a document storage fee of five dollars ($5). after June 30, 2015.
3 (c) After June 30, 2023, the clerk shall collect a document
4 storage fee of eight dollars ($8).
5 SECTION 30. An emergency is declared for this act.
EH 1116—LS 7192/DI 144 20
COMMITTEE REPORT
Mr. Speaker: Your Committee on Elections and Apportionment, to
which was referred House Bill 1116, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, delete lines 1 through 17, begin a new paragraph and insert:
"SECTION 1. IC 3-5-10-7, AS AMENDED BY THE TECHNICAL
CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 7. (a) Subject to section 8 of this chapter, a
redistricting authority shall redistrict election districts according to at
the following schedule: times:
(1) If the census event is a federal decennial census, the
following:
(A) For a county executive or county fiscal body, only during
the first year after the federal decennial census is conducted.
(B) For a school corporation, only during the first year after
the federal decennial census is conducted.
(C) For a municipality that conducts its municipal elections in
an odd numbered odd-numbered year, only during the second
year after the federal decennial census is conducted.
(D) For a municipality that conducts its municipal elections in:
(i) an even numbered even-numbered year; or
(i) (ii) both an even numbered even-numbered year and an
odd numbered odd-numbered year;
only during the first year after the federal decennial census is
conducted.
However, a body described in clauses (A) through (D) that has not
completed the redistricting on March 1, 2022, has until December
31, 2022, to redistrict the election districts from the 2020
decennial census.
(2) For a census event other than a federal decennial census, only
during the first year after the year the census event becomes
effective with respect to the political subdivision, as provided in
IC 1-1-3.5-3.
(3) Whenever a county adopts an order declaring a county
boundary to be changed under IC 36-2-1-2 that affects the
boundaries of the political subdivision.
(4) Whenever required to assign annexed territory to a district,
subject to the provisions of IC 36-4-3.
(5) Whenever the boundary of the political subdivision is
EH 1116—LS 7192/DI 144 21
changed.
(6) As provided in the order of a court that has found the current
redistricting plan unconstitutional or otherwise unlawful.
(b) A redistricting authority may not redistrict at a time other than
is provided in subsection (a).
SECTION 2. IC 3-5-10-7.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7.3. (a) Notwithstanding section 7 of this
chapter, a municipal legislative body that has not completed the
redistricting of its legislative body election districts before January
1, 2023, shall, before May 15, 2023, adopt an ordinance to do one
(1) of the following:
(1) Redistrict the legislative body election districts based on
the 2020 decennial census.
(2) Certify, as provided in section 8 of this chapter, that the
legislative body election districts in effect before January 1,
2023, comply with the legislative body's applicable statute and
other applicable law.
(b) This section expires January 1, 2024.
SECTION 3. IC 3-5-10-12 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2024]: Sec. 12. (a) This section applies if a
redistricting authority fails to do either of the following:
(1) Redistrict at the times required by section 7 of this
chapter.
(2) Certify, under section 8 of this chapter, that the existing
districts continue to satisfy all the requirements of the
applicable statute and other applicable law.
(b) Upon the petition of an individual who is a voter of a
political subdivision whose redistricting authority is described in
subsection (a), the secretary of state, or a designee of the secretary
of state, shall hold a public hearing in the political subdivision to
take public testimony regarding the districts for the political
subdivision.
(c) After the public hearing under subsection (b), the secretary
of state shall issue an order to do one (1) of the following:
(1) Adopt a redistricting plan for the political subdivision.
(2) Certify that the existing districts continue to satisfy all the
requirements of the applicable statute and other applicable
law.
(d) The districts of a redistricting plan adopted under subsection
(c) must satisfy all the requirements of the applicable statute and
EH 1116—LS 7192/DI 144 22
other applicable law.
(e) A redistricting plan adopted under subsection (c) must
include in the order a map of the district boundaries as adopted or
recertified.
(f) The secretary of state shall file a copy of an order adopted
under subsection (c) not later than thirty (30) days after the date
of the order with each of the following:
(1) The redistricting authority.
(2) The executive of the political subdivision.
(3) The circuit court clerk of the county that contains the
greatest population of the political subdivision.
(g) The districts established or recertified under subsection (c):
(1) take effect when filed with the circuit court clerk of the
county that contains the greatest population of the political
subdivision, or as otherwise provided in the order; and
(2) are the districts for the political subdivision until changed
as provided in this chapter.
SECTION 4. IC 3-7-12-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 22. (a) In a county
where the circuit court clerk serves as voter registration officer, the
clerk is entitled to per diem compensation under subsection (b) or (c).
(b) This subsection applies to the circuit court clerk of a county
described in subsection (a) that contains not more than one
hundred thousand (100,000) registered voters. The county shall
pay at least the following to the circuit court clerk of the county:
(1) Two thousand dollars ($2,000) not later than July 1 of each
year in which a primary election is held.
(2) Two thousand dollars ($2,000) not later than December 31
of each year in which a general election is held.
(c) This subsection applies to the circuit court clerk of a county
described in subsection (a) that contains more than one hundred
thousand (100,000) registered voters. The county shall pay at least
the following to the circuit court clerk of the county:
(1) Two thousand five hundred dollars ($2,500) not later than
July 1 of each year in which a primary election is held.
(2) Two thousand five hundred dollars ($2,500) not later than
December 31 of each year in which a general election is held.
(d) The circuit court clerk of a county described in subsection
(a) is not entitled to per diem compensation under this section
during a year in which a primary or general election is not held.
(e) The per diem shall be paid out of the general fund of the county.
in the same manner as election expenses are paid.".
EH 1116—LS 7192/DI 144 23
Page 2, delete line 1.
Page 2, delete lines 26 through 42, begin a new paragraph and
insert:
"SECTION 7. IC 3-7-13-6.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 6.5. (a) This section applies to a person who commits
an offense under IC 3-14-2 after June 30, 2023.
(b) Notwithstanding sections 4, 5, and 6 of this chapter, a person
who is convicted of a felony under IC 3-14-2 is deprived of the right
of suffrage by the general assembly for a period of ten (10) years
following the date of conviction, pursuant to Article 2, Section 8 of
the Constitution of the State of Indiana.
(c) A person described in subsection (b) is not:
(1) authorized to vote; or
(2) eligible to register under this article;
during the period within which the person is deprived of the right
of suffrage, even if the person is no longer in prison or otherwise
subject to lawful detention.
(d) The reduction of a felony to a misdemeanor does not affect
the operation of subsections (b) and (c).
(e) The right of suffrage is immediately restored to a person
described in subsection (b) whose conviction is reversed on appeal
or on postconviction review at the earlier of the following:
(1) At the time the prosecuting attorney states on the record
that the charges that gave rise to the conviction will not be
refiled.
(2) Ninety (90) days after the final disposition of the appeal or
the postconviction proceeding.
(f) A person described in subsection (b) who is otherwise
qualified to register under this article is eligible to register after the
expiration of the period within which the person is deprived of the
right of suffrage.".
Page 3, delete lines 1 through 4.
Page 3, line 21, strike "sample ballots, the".
Page 4, line 5, delete "An electronic form of the sample ballot and
provisional" and insert "A sample ballot or an electronic form of the
sample".
Page 4, delete lines 14 through 27, begin a new paragraph and
insert:
"SECTION 10. IC 3-11-3-25, AS AMENDED BY P.L.128-2015,
SECTION 155, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 25. (a) This subsection applies
EH 1116—LS 7192/DI 144 24
when the county election board provides a precinct with a printed
sample ballot under section 11 of this chapter. As required by 52
U.S.C. 21082, the inspector of each precinct shall post the samples of
each of the state and local ballots provided by the county election board
under this article in and about the polls. The sample ballots shall be
printed on different paper than the genuine ballots.
(b) An electronic device that is not an electronic poll book may
be used at a precinct or vote center to display a sample ballot. For
purposes of certification of voting systems under this article, an
electronic device, the only function of which is the display of
sample ballots, is not considered to be a voting system or part of a
voting system.
(c) This subsection applies when the county election board
provides a precinct with an electronic form of the sample ballot
under section 11 of this chapter. The inspector of the precinct, or
a person under the direction of the inspector, shall post a notice in
and about the polls that the sample ballot for the precinct is
available for review on an electronic device. The sample ballot
must be made available for public inspection throughout election
day.
(d) This subsection applies to a county using vote centers when
the county election board provides the vote center with an
electronic form of the sample ballot under section 11 of this
chapter. The inspector of the vote center, or a person under the
direction of the inspector, shall post a notice in and about the polls
that the sample ballots for each precinct in the county are available
for review on an electronic device. The sample ballots must be
made available for public inspection throughout election day.".
Page 4, line 30, after "device" insert "that is not an electronic poll
book".
Page 4, line 31, delete "ballot".
Page 4, line 32, delete "or provisional".
Page 4, line 34, after "sample" delete "ballots and provisional".
Page 4, delete lines 36 through 42, begin a new paragraph and
insert:
"SECTION 12. IC 3-11-11-1.7, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1.7. (a) Each county election board shall provide
an adequate number of sample ballots for each precinct of the county.
The county election board shall arrange the sample ballots in the form
of a diagram showing:
EH 1116—LS 7192/DI 144 25
(1) the political party and independent tickets;
(2) the offices to be filled;
(3) the names of the candidates; and
(4) the public questions;
in the same order in which they will occur on the official ballots printed
under the jurisdiction of the election division and the county election
board. However, if presidential electors are to be voted for at an
election, then the ballot of each party or independent ticket must be in
the form prescribed by IC 3-10-4-1.
(b) Each county election board shall provide either or both of
the following for each precinct in the county:
(1) An adequate number of sample ballots.
(2) An electronic form of the sample ballot arranged under
subsection (a), if the county election board requires display of
sample ballots using an electronic device under section 1.3 of
this chapter.
(b) (c) This subsection applies to a county having a population of
more than four hundred thousand (400,000) but and less than seven
hundred thousand (700,000). At least ten (10) days before an election,
each county election board shall duplicate, distribute, and cause to be
posted copies of official sample ballots:
(1) received from the election division; and
(2) prepared by the county election board;
to schools, fire stations, county courthouses, and other public buildings
in the county.
SECTION 13. IC 3-11-11-1.9, AS AMENDED BY P.L.278-2019,
SECTION 101, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 1.9. (a) Before the opening of the
polls, the precinct election board shall compare the ballots with the
sample ballots and determine whether the names, numbers, and letters
are in agreement. The board then shall certify that the ballots and the
sample ballots are in agreement. Forms shall be provided for
certification, and the certification shall be filed with the election
returns.
(b) This subsection applies when the county election board
provides a precinct with a printed sample ballot under section 1.7
of this chapter. The inspector of each precinct, or a person under the
direction of the inspector, shall post sample ballots near the entrance
of the chute for the precinct. The ballots must be available for public
inspection throughout election day.
(c) This subsection applies when the county election board
provides a precinct with an electronic form of the sample ballot
EH 1116—LS 7192/DI 144 26
under section 1.7 of this chapter. The inspector of the precinct, or
a person under the direction of the inspector, shall post a notice
near the entrance of the chute for the precinct that the sample
ballot for the precinct is available for review on an electronic
device. The sample ballot must be made available for public
inspection throughout election day.
(c) (d) This subsection applies to a county using vote centers. Not
later than the first date that a voter may cast a ballot at a vote center,
the county election board shall do both of the following:
(1) Make the comparison between the sample ballots, regular
official ballots, and provisional ballots described in subsection
(a).
(2) Certify that the ballots are in agreement.
A copy of the certification shall be entered into the minutes of the
county election board.
(d) (e) This subsection applies to a county using vote centers. The
county election board shall do both of the following:
(1) Have copies of each sample ballot for each precinct available
for inspection by a voter at each vote center.
(2) Post a notice in the vote center stating that sample ballots are
available for inspection upon request by the voter.
(f) This subsection applies to a county using vote centers when
the county election board provides the vote center with an
electronic form of the sample ballot under section 1.7 of this
chapter. The inspector of the vote center, or a person under the
direction of the inspector, shall post a notice near the entrance of
the chute for the vote center that the sample ballots for each
precinct in the county are available for review on an electronic
device. The sample ballots must be made available for public
inspection throughout election day.
SECTION 14. IC 3-11-11-2, AS AMENDED BY P.L.221-2005,
SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. (a) On the morning of election day, the precinct
election officers shall meet at the polls at least one (1) hour before the
time for opening the polls. The inspector then shall have:
(1) the boundaries of the chute designated;
(2) the sample ballots and instruction cards and either the:
(A) sample ballots; or
(B) notice under section 1.9(c) or 1.9(f) of this chapter;
posted; and
(3) everything put in readiness for the commencement of voting
at the opening of the polls.
EH 1116—LS 7192/DI 144 27
(b) At the opening of the polls, the inspector and judges shall see
that there are no ballots in the ballot box before the voting begins. After
the inspection of the box, the inspector shall:
(1) securely lock the box;
(2) give one (1) key to the judge of the opposite political party;
and
(3) retain one (1) key.
(c) Once securely locked, the ballot box may not be opened again
until after the polls have been closed and the precinct election board is
ready to immediately proceed with the counting, except as otherwise
provided for central counting.
(d) The voting booths or compartments must be of a size and design
to permit a voter to mark ballots in secret.
SECTION 15. IC 3-11-13-9, AS AMENDED BY P.L.190-2011,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 9. (a) The public officials charged with the duty
of providing ballot cards or ballot labels shall also provide either or
both of the following:
(1) Sample ballots.
(2) An electronic form of the sample ballot arranged under
subsection (b), if the county election board requires display of
sample ballots using an electronic device under section 10.5 of
this chapter.
(b) A sample ballot must be:
(1) a copy of the official ballot cards or ballot labels;
(2) arranged in the form of a diagram showing the front of the
marking device as it will appear at the election; and
(3) altered so marks on the sample ballot cannot be counted as
votes.
SECTION 16. IC 3-11-13-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) This subsection
applies when the county election board provides a precinct with a
printed sample ballot under section 9 of this chapter. The
appropriate precinct election officers shall post sample ballots near the
entrance to the polls on election day and see that they are available to
public inspection throughout the day.
(b) This subsection applies when the county election board
provides a precinct with an electronic form of the sample ballot
under section 9 of this chapter. The inspector of the precinct, or a
person under the direction of the inspector, shall post a notice near
the entrance of the chute for the precinct that the sample ballot for
the precinct is available for review on an electronic device. The
EH 1116—LS 7192/DI 144 28
sample ballot must be made available for public inspection
throughout election day.
(c) This subsection applies to a county using vote centers when
the county election board provides the vote center with an
electronic form of the sample ballot under section 9 of this chapter.
The inspector of the vote center, or a person under the direction of
the inspector, shall post a notice near the entrance of the chute for
the vote center that the sample ballots for each precinct in the
county are available for review on an electronic device. The sample
ballots must be made available for public inspection throughout
election day.".
Delete page 5.
Page 6, delete lines 1 through 6.
Page 6, line 10, after "device" insert "that is not an electronic poll
book".
Page 6, line 11, after "sample" delete "ballot or provisional".
Page 6, line 14, after "sample" delete "ballots and provisional".
Page 6, delete lines 16 through 38, begin a new paragraph and
insert:
"SECTION 18. IC 3-11-13-27, AS AMENDED BY P.L.278-2019,
SECTION 107, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 27. (a) After the delivery of a ballot
card voting system to a precinct, the precinct election board may meet
at the polls on the same day and open the package containing the
sample ballot cards, to determine whether the system is ready for use
in accordance with section 16 of this chapter. If a ballot card voting
system is not in compliance with that section, the board shall
immediately label, set and adjust, and place the system in order or have
it done.
(b) While acting under subsection (a), the precinct election board
may restrict access to parts of the room where marking devices and
other election material are being handled to safeguard this material.
(c) On the morning of election day, the precinct election officers
shall meet at the polls at least one (1) hour before the time for opening
the polls. The inspector then shall have:
(1) the boundaries of the chute designated;
(2) the sample ballots and instruction cards and either the:
(A) sample ballots; or
(B) notice under section 10(b) or 10(c) of this chapter;
posted; and
(3) everything put in readiness for the commencement of voting
at the opening of the polls.
EH 1116—LS 7192/DI 144 29
(d) Before the opening of the polls, the precinct election officers
shall do the following:
(1) Compare the ballot cards used in the marking device with the
sample ballots furnished and determine whether the names,
numbers, and letters are in agreement.
(2) Determine that the system records that zero (0) votes have
been cast for each candidate and on each public question.
(3) Assure that the system is otherwise in perfect order.
(e) The officers then shall certify that:
(1) the marking device and the sample ballots are in agreement;
(2) the system records zero (0) votes cast; and
(3) the system appears to be in perfect order.
Forms shall be provided for certification, and the certification shall be
filed with the election returns.
(f) This subsection applies to a county using vote centers. Not later
than the first date that a voter may cast a ballot at a vote center, the
county election board shall do both of the following:
(1) Make the comparison between the sample ballots, regular
official ballots, and provisional ballots as provided in subsection
(d).
(2) Certify that the ballots are in agreement.
A copy of the certification shall be entered into the minutes of the
county election board.
(g) This subsection applies to a county using vote centers. The
county election board shall do both of the following:
(1) Have copies of each sample ballot for each precinct available
for inspection by a voter at each vote center.
(2) Post a notice in the vote center stating that sample ballots are
available for inspection upon request by the voter.
SECTION 19. IC 3-11-14-7, AS AMENDED BY P.L.194-2013,
SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 7. (a) Each county election board shall provide the
number of sample ballots the county election board considers adequate
for each precinct of the county. The county election board shall arrange
the sample ballots in the form of a diagram showing the entire front of
an electronic voting system as it will appear on the official ballots
printed under the jurisdiction of the county election board. However,
if presidential electors are to be voted for at an election, then the ballot
label of each political party or independent ticket must be in the form
prescribed by IC 3-10-4-1.
(b) Each county election board shall provide either or both of
the following for each precinct of the county:
EH 1116—LS 7192/DI 144 30
(1) The number of sample ballots the county election board
considers adequate for each precinct.
(2) An electronic form of the sample ballot arranged under
subsection (a), if the county election board requires display of
sample ballots using an electronic device under section 18.5 of
this chapter.
SECTION 20. IC 3-11-14-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 18. (a) This subsection
applies when the county election board provides a precinct with a
printed sample ballot under section 7 of this chapter. The inspector
of each precinct, or a person under the direction of the inspector, shall
post sample ballots near the entrance of the chute for the precinct. The
ballots must be available for public inspection throughout election day.
(b) This subsection applies when the county election board
provides a precinct with an electronic form of the sample ballot
under section 7 of this chapter. The inspector of the precinct, or a
person under the direction of the inspector, shall post a notice near
the entrance of the chute for the precinct that the sample ballot for
the precinct is available for review on an electronic device. The
sample ballot must be made available for public inspection
throughout election day.
(c) This subsection applies to a county using vote centers when
the county election board provides the vote center with an
electronic form of the sample ballot under section 7 of this chapter.
The inspector of the vote center, or a person under the direction of
the inspector, shall post a notice near the entrance of the chute for
the vote center that the sample ballots for each precinct in the
county are available for review on an electronic device. The sample
ballots must be made available for public inspection throughout
election day.".
Page 6, line 42, after "device" insert "that is not an electronic poll
book".
Page 7, line 1, after "sample" delete "ballot or provisional".
Page 7, line 4, after "sample" delete "ballots and provisional".
Page 7, between lines 5 and 6, begin a new paragraph and insert:
"SECTION 21. IC 3-11-15-59, AS AMENDED BY P.L.193-2021,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 59. (a) Whenever a county wishes to dispose of a
voting system unit or an electronic poll book unit, the county election
board must first file a plan with the election division. The plan must
state all of the following:
(1) The serial number of each unit to be disposed of by the
EH 1116—LS 7192/DI 144 31
county.
(2) The method to be used for disposal of the equipment,
including sale, transfer, or destruction of the equipment and the
details about how the equipment will be disposed of. For
purposes of this subdivision, a disposal method of an
electronic poll book unit may include the deletion of any
electronic poll book software on the unit and the repurposing
of the unit as an electronic device to display an electronic
form of a sample ballot under IC 3-11-3-25, IC 3-11-11-1.3,
IC 3-11-13-10.5, and IC 3-11-14-18.5.
(3) That the disposal will occur in compliance with federal and
state laws requiring the retention of election materials until the
expiration of the period specified by those laws.
(4) The details regarding the person that will dispose of the
equipment.
(b) If the election division approves the proposed plan, the election
division shall notify:
(1) the county election board, which may then dispose of the
equipment; and
(2) the voting system technical oversight program (VSTOP)
(established by IC 3-11-16-2).
(c) A county may not dispose of a voting system unit or an
electronic poll book unit by selling, transferring, or otherwise
surrendering ownership to a person to which a voting system vendor is
prohibited to sell, lease, or transfer possession of a voting system under
section 60 of this chapter, except to the vendor from whom the county
acquired the voting system unit or electronic poll book.
(d) A plan filed with the election division under this section is
confidential.".
Page 7, line 17, delete "display" and insert "displaying".
Page 7, line 17, delete "or provisional ballot".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1116 as introduced.)
WESCO
Committee Vote: yeas 6, nays 4.
EH 1116—LS 7192/DI 144 32
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred House Bill 1116, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill do pass.
(Reference is to HB 1116 as printed January 26, 2023.)
THOMPSON
Committee Vote: Yeas 14, Nays 9
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Elections, to which
was referred House Bill No. 1116, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 3-5-2-19.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 19.8. "Election worker" means an individual who:
(1) serves as:
(A) the secretary of state;
(B) an employee of the election division;
(C) a member of the commission;
(D) a precinct election officer, including an individual who
serves as a precinct election officer at a vote center using
a different title under IC 3-6-6-5.5;
(E) a member of a county election board;
(F) a member of a county board of elections and
registration;
(G) a member of a board of registration established under
IC 3-7-12;
(H) a circuit court clerk;
(I) an employee of the office of a circuit court clerk;
(J) a member of a town election board;
(K) an individual who serves under IC 3-6-6-39;
(L) a challenger or pollbook holder under IC 3-6-7;
(M) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10; or
(N) an individual appointed under IC 3-11.5-4:
(i) to an absentee voter board;
EH 1116—LS 7192/DI 144 33
(ii) as an absentee ballot counter; or
(iii) as a courier; or
(2) either:
(A) works in exchange for compensation; or
(B) volunteers;
at a precinct or vote center under the supervision of one (1) or
more of the individuals listed in subdivision (1)(A) through
(1)(N).".
Page 5, line 26, delete "(f)" and insert "(f)".
Page 7, between lines 27 and 28, begin a new paragraph and insert:
"SECTION 12. IC 3-11-10-25, AS AMENDED BY P.L.193-2021,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 25. (a) A voter who votes by absentee ballot
because of:
(1) illness or injury; or
(2) caring for a confined person at a private residence;
and who is within the county may vote before an absentee voter board
or by mail.
(b) If requested by a voter described in subsection (a) or by a voter
with disabilities whose precinct is not accessible to voters with
disabilities, an absentee voter board shall visit the voter's place of
confinement or the residence of the voter with disabilities:
(1) during the regular office hours of the circuit court clerk;
(2) at a time agreed to by the board and the voter;
(3) on any of the nineteen (19) days immediately before election
day; and
(4) only once before an election, unless:
(A) the confined voter is unavailable at the time of the board's
first visit due to a medical emergency; or
(B) the board, in its discretion, decides to make an additional
visit.
(c) This subsection applies to a voter confined due to illness or
injury. An absentee voter board may not be denied access to the voter's
place of confinement if the board is present at the place of confinement
at a time:
(1) agreed to by the board and the voter; and
(2) during the regular office hours of the circuit court clerk. A
person who knowingly violates this subsection commits
obstruction or interference with an election officer worker in the
discharge of the officer's election worker's duty, a violation of
IC 3-14-3-4.
(d) The county election board, by unanimous vote of the board's
EH 1116—LS 7192/DI 144 34
entire membership, may authorize an absentee voter board to visit a
voter who is confined due to illness or injury and will be outside the
county on election day in accordance with the procedures set forth in
subsection (b).
(e) The county election board, by unanimous vote of the board's
entire membership, may:
(1) authorize an absentee voter board to visit the voter after first
confirming that the individual is a registered voter of the county;
and
(2) permit the voter to complete an absentee ballot application
before the absentee voter board.
If both members of the absentee voter board approve the voter's
application under this subsection, the board shall provide the voter with
an absentee ballot.
(f) As provided by 52 U.S.C. 21081, a voter casting an absentee
ballot under this section must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct
any error in a private and independent manner before the ballot is
cast and counted, including the opportunity to receive a
replacement ballot if the voter is otherwise unable to change or
correct the ballot; and
(3) notified before the ballot is cast regarding the effect of casting
multiple votes for the office and provided an opportunity to
correct the ballot before the ballot is cast and counted.
(g) As provided by 52 U.S.C. 21081, when an absentee ballot is
provided under this section, the board must also provide the voter with:
(1) information concerning the effect of casting multiple votes for
an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots.
(h) This subsection applies to a voter who applies to vote an
absentee ballot by mail. The county election board shall include a copy
of the Absentee Voter's Bill of Rights with any absentee ballot mailed
to the voter.
(i) An absentee voter board visiting a voter under this section may
use an electronic poll book.".
Page 14, between lines 34 and 35, begin a new paragraph and insert:
"SECTION 25. IC 3-11-15-62 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 62. An electronic:
EH 1116—LS 7192/DI 144 35
(1) code;
(2) tally;
(3) record;
(4) report; or
(5) representation of data;
that directly or indirectly indicates the selections made by a voter
while voting in an election is declared confidential for purposes of
IC 5-14-3-4.".
Page 15, between lines 5 and 6, begin a new paragraph and insert:
"SECTION 27. IC 3-14-3-4, AS AMENDED BY P.L.158-2013,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4. (a) A person who:
(1) knowingly obstructs or interferes with an election officer
worker in the discharge of the officer's election worker's duty;
or
(2) knowingly obstructs or interferes with a voter within the
chute;
commits a Level 6 felony.
(b) A person who knowingly injures an election officer worker or
a voter:
(1) in the exercise of the officer's election worker's or voter's
rights or duties; or
(2) because the officer election worker or voter has exercised the
officer's election worker's or voter's rights or duties;
commits a Level 6 felony.
(c) A person called as a witness to testify against another for a
violation of this section is a competent witness to prove the offense
even though the person may have been a party to the violation. The
person shall be compelled to testify as other witnesses. However, the
person's evidence may not be used against the person in a prosecution
growing out of matters about which the person testifies, and the person
is not liable to indictment or information for the offense.
SECTION 28. IC 3-14-3-18, AS AMENDED BY P.L.158-2013,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 18. (a) As used in this section, "candidate"
includes an individual whom the person knows is considering
becoming a candidate.
(b) A person who, for the purpose of influencing a voter, an election
worker, or a candidate, does any of the following commits a Level 6
felony:
(1) Seeks to enforce the payment of a debt by force or threat of
force.
EH 1116—LS 7192/DI 144 36
(2) Ejects or threatens to eject the voter, election worker, or
candidate from a house the voter, election worker, or candidate
occupies.
(3) Begins a criminal prosecution.
(4) Damages the business or trade of the voter, election worker,
or candidate.
(5) Communicates a threat to commit a forcible felony (as defined
in IC 35-31.5-2-138) against a voter, an election worker, or a
candidate with the intent that the voter, election worker, or
candidate:
(A) engage in conduct against the voter's, election worker's,
or candidate's will; or
(B) be placed in fear of retaliation for a prior lawful act as a
voter, an election worker, or a candidate.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Tax and Fiscal Policy.
(Reference is to HB 1116 as printed February 9, 2023.)
FORD JON, Chairperson
Committee Vote: Yeas 6, Nays 2.
EH 1116—LS 7192/DI 144