Indiana 2023 Regular Session

Indiana House Bill HB1183 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1183
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-10-7-32; IC 3-11; IC 3-12-1.
7	7	Synopsis: Straight ticket voting. Removes a voter's option to vote for
8	8	all candidates of a political party or an independent ticket at one time
9	9	(straight ticket voting) in a general or municipal election. Repeals
10	10	superseded statutes relating to straight ticket voting.
11	11	Effective: January 1, 2024.
12	12	Fleming, Clere
13	13	January 10, 2023, read first time and referred to Committee on Elections and
14	14	Apportionment.
15	15	2023 IN 1183—LS 7420/DI 75 Introduced
16	16	First Regular Session of the 123rd General Assembly (2023)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2022 Regular Session of the General Assembly.
26	26	HOUSE BILL No. 1183
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning
28	28	elections.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 3-10-7-32, AS AMENDED BY P.L.190-2011,
31	31	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32	32	3 JANUARY 1, 2024]: Sec. 32. (a) A town election board shall
33	33	4 determine what voting method will be used in a municipal election.
34	34	5 (b) The town election board and its precinct election officers shall
35	35	6 perform the duties of the county election board and its precinct election
36	36	7 officers under IC 3-11 for each voting method used.
37	37	8 (c) The town election board shall prepare the ballots in the form
38	38	9 prescribed by IC 3-11 and distribute them to the precincts in the town.
39	39	10 (d) This subsection applies only to paper ballots. Notwithstanding
40	40	11 subsection (c), the town election board, by unanimous consent of the
41	41	12 board's entire membership, may authorize the printing or reproduction
42	42	13 of ballots on equipment under the control of the town clerk-treasurer.
43	43	14 If the town election board acts under this subsection, the ballots are not
44	44	15 required to conform to the precise dimensions concerning the size of
45	45	16 political party devices under IC 3-11-2-9 or the placement of a
46	46	17 candidate's name under IC 3-11-2-10(f). IC 3-11-2-10(d). However,
47	47	2023 IN 1183—LS 7420/DI 75 2
48	48	1 the ballots must otherwise substantially conform with IC 3-11-2.
49	49	2 SECTION 2. IC 3-11-2-9, AS AMENDED BY P.L.109-2021,
50	50	3 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
51	51	4 JANUARY 1, 2024]: Sec. 9. (a) The device of each political party or
52	52	5 independent ticket described in section 6 of this chapter shall be:
53	53	6 (1) enclosed in a circle not less than three-fourths (3/4) of an inch
54	54	7 in diameter; and
55	55	8 (2) placed under the name of the party or independent ticket, as
56	56	9 required by section 10 of this chapter.
57	57	10 (b) A device of a political party or independent ticket must not be
58	58	11 printed on a ballot if
59	59	12 (1) there are no candidates of that political party. or
60	60	13 (2) the only candidates of the political party are for election to
61	61	14 offices to which more than one (1) individual is to be elected and
62	62	15 which will not be credited with a vote under IC 3-12-1-7 if a voter
63	63	16 casts a straight party ticket.
64	64	17 SECTION 3. IC 3-11-2-10, AS AMENDED BY P.L.32-2021,
65	65	18 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
66	66	19 JANUARY 1, 2024]: Sec. 10. (a) Public questions shall be placed on
67	67	20 the general election ballot in the following order after the statement
68	68	21 described in section 7 of this chapter, and the instructions described in
69	69	22 subsections (d) and (e) subsection (c) and section 8 of this chapter, if
70	70	23 instructions are printed on the ballot:
71	71	24 (1) Ratification of a state constitutional amendment.
72	72	25 (2) Local public questions.
73	73	26 Subject to section 10.1 of this chapter, each public question shall be
74	74	27 placed in a separate column on the ballot.
75	75	28 (b) The name or title of the political party or independent ticket
76	76	29 described in section 6 of this chapter shall be placed on the general
77	77	30 election ballot after the public questions described in subsection (a).
78	78	31 The device of the political party or independent ticket shall be placed
79	79	32 immediately under the name of the political party or independent ticket.
80	80	33 Notwithstanding section 8(b) of this chapter, the instructions for voting
81	81	34 a straight party ticket shall be placed to the right of the device on the
82	82	35 ballot.
83	83	36 (c) The instructions for voting a straight party ticket must conform
84	84	37 as nearly as possible to the following:
85	85	38 "(1) You are not required to vote a straight party ticket. If you do
86	86	39 not wish to vote a straight party ticket, do not make a mark in this
87	87	40 section, and proceed to voting the ballot by office.
88	88	41 (2) To vote a straight (insert political party name) ticket for all
89	89	42 (insert political party name) candidates on this ballot, except for
90	90	2023 IN 1183—LS 7420/DI 75 3
91	91	1 candidates described in (3) below, make a voting mark on or in
92	92	2 this circle and do not make any other marks on this ballot.
93	93	3 (3) To vote for any candidate for an at-large office (insert county
94	94	4 council, city common council, town council, or township board if
95	95	5 those offices appear on this ballot) to which more than one (1)
96	96	6 person may be elected, you must make another voting mark for
97	97	7 each candidate you wish to vote for. Your straight party vote will
98	98	8 not count as a vote for any candidate for that office.
99	99	9 (4) If you wish to vote for a candidate seeking a nonpartisan office
100	100	10 or on a public question, you must make another voting mark on
101	101	11 the appropriate place on this ballot.".
102	102	12 (d) Except as permitted under section 8(b) of this chapter, if the
103	103	13 ballot contains an independent ticket described in section 6 of this
104	104	14 chapter and at least one (1) other independent candidate, the ballot
105	105	15 must also contain a statement that reads substantially as follows: "A
106	106	16 vote cast for an independent ticket will only be counted for the
107	107	17 candidates for President and Vice President or governor and lieutenant
108	108	18 governor comprising that independent ticket. This vote will NOT be
109	109	19 counted for any OTHER independent candidate appearing on the
110	110	20 ballot.".
111	111	21 (e) (c) Except as permitted under section 8(b) of this chapter, the
112	112	22 ballot must also contain a statement that reads substantially as follows:
113	113	23 "A write-in vote will NOT be counted unless the vote is for a
114	114	24 DECLARED write-in candidate. To vote for a write-in candidate, you
115	115	25 must make a voting mark on or in the square to the left of the name you
116	116	26 have written in or your vote will not be counted.".
117	117	27 (f) (d) Subject to section 10.1 of this chapter, the list of candidates
118	118	28 of the political party shall be placed immediately under the instructions
119	119	29 for voting a straight party ticket. The names of the candidates shall be
120	120	30 placed three-fourths (3/4) of an inch apart from center to center of the
121	121	31 name. The name of each candidate must have, immediately on its left,
122	122	32 a square three-eighths (3/8) of an inch on each side.
123	123	33 (g) (e) The circuit court clerk may authorize the printing of ballots
124	124	34 containing a ballot variation code to ensure that the proper version of
125	125	35 a ballot is used within a precinct.
126	126	36 SECTION 4. IC 3-11-2-12.4, AS AMENDED BY P.L.109-2021,
127	127	37 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
128	128	38 JANUARY 1, 2024]: Sec. 12.4. (a) This section applies whenever more
129	129	39 than one (1) candidate may be elected to an office.
130	130	40 (b) The office shall be placed on the general election ballot after the
131	131	41 offices described in section 12 of this chapter and before the offices
132	132	42 described in section 12.9 of this chapter.
133	133	2023 IN 1183—LS 7420/DI 75 4
134	134	1 (c) Whenever candidates are to be elected to a county council, city
135	135	2 common council, or town council that includes both an at-large
136	136	3 member and a member representing a district, the candidates seeking
137	137	4 election as an at-large member shall be placed on the ballot before
138	138	5 candidates seeking to represent a district.
139	139	6 (d) The ballot shall contain a statement reading substantially as
140	140	7 follows above the name of the first candidate: "To vote for any
141	141	8 candidate for this office, you must make a voting mark for each
142	142	9 candidate you wish to vote for.". A straight party vote will not count as
143	143	10 a vote for any candidate for this office.".
144	144	11 SECTION 5. IC 3-11-7-4, AS AMENDED BY P.L.278-2019,
145	145	12 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
146	146	13 JANUARY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b),
147	147	14 A ballot card voting system must permit a voter to vote:
148	148	15 (1) except at a primary election, a straight party ticket for all of
149	149	16 the candidates of one (1) political party by a single voting mark
150	150	17 on each ballot card;
151	151	18 (2) (1) for one (1) or more candidates of each political party or
152	152	19 independent candidates, or for one (1) or more school board
153	153	20 candidates nominated by petition; or
154	154	21 (3) (2) a split ticket for the candidates of different political parties
155	155	22 and for independent candidates. or
156	156	23 (4) a straight party ticket and then split that ticket by casting
157	157	24 individual votes for candidates of another political party or
158	158	25 independent candidate.
159	159	26 (b) A ballot card voting system must require that a voter who wishes
160	160	27 to cast a ballot for a candidate for election to an at-large district to
161	161	28 which more than one person may be elected, on a:
162	162	29 (1) county council;
163	163	30 (2) city common council;
164	164	31 (3) town council; or
165	165	32 (4) township board;
166	166	33 make a voting mark for each individual candidate for whom the voter
167	167	34 wishes to cast a vote. The ballot card voting system may not count any
168	168	35 straight party ticket voting mark as a vote for any candidate for an
169	169	36 office described by this subsection.
170	170	37 (c) (b) A ballot card voting system must permit a voter to vote:
171	171	38 (1) for all candidates for presidential electors and alternate
172	172	39 presidential electors of a political party or an independent ticket
173	173	40 by making a single voting mark; and
174	174	41 (2) for or against a public question on which the voter may vote.
175	175	42 SECTION 6. IC 3-11-7-6 IS REPEALED [EFFECTIVE JANUARY
176	176	2023 IN 1183—LS 7420/DI 75 5
177	177	1 1, 2024]. Sec. 6. A ballot card voting system must count a ballot in
178	178	2 accordance with IC 3-12-1-7 when a voter votes a straight ticket vote
179	179	3 and votes for individual candidates as described by IC 3-12-1-7.
180	180	4 SECTION 7. IC 3-11-7.5-10, AS AMENDED BY P.L.278-2019,
181	181	5 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
182	182	6 JANUARY 1, 2024]: Sec. 10. (a) Except as provided in subsection (b),
183	183	7 An electronic voting system must permit a voter to vote:
184	184	8 (1) except at a primary election, a straight party ticket for all the
185	185	9 candidates of one (1) political party by touching the device of that
186	186	10 party;
187	187	11 (2) (1) for one (1) or more candidates of each political party or
188	188	12 independent candidates, or for one (1) or more school board
189	189	13 candidates nominated by petition; or
190	190	14 (3) (2) a split ticket for the candidates of different political parties
191	191	15 and for independent candidates. or
192	192	16 (4) a straight party ticket and then split that ticket by casting
193	193	17 individual votes for candidates of another political party or
194	194	18 independent candidates.
195	195	19 (b) An electronic voting system must require that a voter who
196	196	20 wishes to cast a ballot for a candidate for election to an at-large district
197	197	21 to which more than one person may be elected, on a:
198	198	22 (1) county council;
199	199	23 (2) city common council;
200	200	24 (3) town council; or
201	201	25 (4) township board;
202	202	26 make a voting mark for each individual candidate for whom the voter
203	203	27 wishes to cast a vote. The electronic voting system may not count any
204	204	28 straight party ticket voting mark as a vote for any candidate for an
205	205	29 office described by this subsection.
206	206	30 (c) (b) An electronic voting system must permit a voter to vote:
207	207	31 (1) for as many candidates for an office as the voter may vote for,
208	208	32 but no more;
209	209	33 (2) for or against a public question on which the voter may vote,
210	210	34 but no other; and
211	211	35 (3) for all the candidates for presidential electors and alternate
212	212	36 presidential electors of a political party or an independent ticket
213	213	37 by making a single voting mark.
214	214	38 SECTION 8. IC 3-11-11-10 IS REPEALED [EFFECTIVE
215	215	39 JANUARY 1, 2024]. Sec. 10. If an election is a general or municipal
216	216	40 election and a voter desires to vote for all the candidates of one (1)
217	217	41 political party or group of petitioners, the voter may make a voting
218	218	42 mark on or in a large circle enclosing the device and before the name
219	219	2023 IN 1183—LS 7420/DI 75 6
220	220	1 under which the candidates of the party or group of petitioners are
221	221	2 printed. The voter's vote shall then be counted for all the candidates
222	222	3 under that party name or for the two (2) candidates comprising an
223	223	4 independent ticket.
224	224	5 SECTION 9. IC 3-11-13-7.5, AS ADDED BY P.L.109-2021,
225	225	6 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
226	226	7 JANUARY 1, 2024]: Sec. 7.5. (a) This section applies to a marking
227	227	8 device used in a voting system that:
228	228	9 (1) contains features of both a ballot card voting system and an
229	229	10 electronic voting system; and
230	230	11 (2) produces a ballot card with the voter's choices as selected by
231	231	12 the voter and marked on the card by the device.
232	232	13 (b) The interface of the marking device used with an optical scan
233	233	14 voting system must include all of the following:
234	234	15 (1) The information required by IC 3-11-14-3.5.
235	235	16 (2) The instructions required by IC 3-11-2-8.
236	236	17 (3) The information and instructions required by IC 3-11-2-10.
237	237	18 (c) A marking device must comply with the same disability access
238	238	19 standards as an electronic voting system under IC 3-11-15-13.6.
239	239	20 (d) Notwithstanding any other provision of this title, a ballot card
240	240	21 used with a marking device must have either preprinted or printed by
241	241	22 the marking device the following:
242	242	23 (1) When the marking device is used for absentee voting under
243	243	24 IC 3-11-10-26, the circuit court clerk's signature and seal required
244	244	25 by IC 3-11-10-27.
245	245	26 (2) When the marking device is used by a voter to cast a
246	246	27 provisional ballot, the circuit court clerk's signature and seal
247	247	28 required by IC 3-11.7-1-7.
248	248	29 (3) A line or box for each poll clerk's initial as required by section
249	249	30 19 of this chapter.
250	250	31 (4) When the marking device is used during a primary election,
251	251	32 the name of the political party whose primary the voter is
252	252	33 participating in or the word "nonpartisan" if the voter is voting a
253	253	34 ballot that contains only a public question certified by the county
254	254	35 election board under IC 3-10-9.
255	255	36 (e) If the voting system produces a ballot card, the ballot card must
256	256	37 contain a summary ballot scan of the voter's ballot that includes all of
257	257	38 the following:
258	258	39 (1) The name or designation of each office on the voter's ballot.
259	259	40 (2) The name of the candidate and the candidate's political party
260	260	41 selected by the voter.
261	261	42 (3) If the voter selects a straight party ticket, the name of the
262	262	2023 IN 1183—LS 7420/DI 75 7
263	263	1 political party ticket the voter selected.
264	264	2 (4) (3) A description of the text of any public question or judicial
265	265	3 retention question on the voter's ballot that the county election
266	266	4 board determines reasonably conveys the content of the public
267	267	5 question or judicial retention question and the response the voter
268	268	6 selected for each question.
269	269	7 The ballot card may contain additional information described in
270	270	8 subsection (b).
271	271	9 (f) Notwithstanding any other provision of this chapter, a ballot card
272	272	10 used with the marking device may be a different dimension or size than
273	273	11 other ballot cards:
274	274	12 (1) approved by the county election board for use in an election;
275	275	13 and
276	276	14 (2) that are not designed to be marked by the marking device.
277	277	15 (g) A voter verifiable paper audit trail is not a marking device.
278	278	16 SECTION 10. IC 3-11-13-11, AS AMENDED BY P.L.193-2021,
279	279	17 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
280	280	18 JANUARY 1, 2024]: Sec. 11. (a) The ballot information, whether
281	281	19 placed on the ballot card or on the marking device, must be in the order
282	282	20 of arrangement provided for ballots under this section.
283	283	21 (b) Each county election board shall have the names of all
284	284	22 candidates for all elected offices, political party offices, and public
285	285	23 questions printed on a ballot card as provided in this chapter. The
286	286	24 county may:
287	287	25 (1) print all offices and questions on a single ballot card; and
288	288	26 (2) include a ballot variation code to ensure that the proper
289	289	27 version of a ballot is used within a precinct.
290	290	28 (c) Each type of ballot card must be of uniform size and of the same
291	291	29 quality and color of paper (except as permitted under IC 3-10-1-17).
292	292	30 (d) The nominees of a political party or an independent candidate
293	293	31 or independent ticket (described in IC 3-11-2-6) nominated by
294	294	32 petitioners shall be listed on the ballot with the name and device set
295	295	33 forth on the certification or petition. The circle containing the device
296	296	34 may be of any size that permits a voter to readily identify the device.
297	297	35 IC 3-11-2-5 applies if the certification or petition does not include a
298	298	36 name or device, or if the same device is selected by two (2) or more
299	299	37 parties or petitioners.
300	300	38 (e) The offices and public questions on the general election ballot
301	301	39 must be placed on the ballot in the order listed in IC 3-11-2-12,
302	302	40 IC 3-11-2-12.4, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a),
303	303	41 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
304	304	42 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). The offices and
305	305	2023 IN 1183—LS 7420/DI 75 8
306	306	1 public questions may be listed in a continuous column or row either
307	307	2 vertically or horizontally and on a number of separate pages.
308	308	3 (f) The name of each office must be printed in a uniform size in bold
309	309	4 type. A statement reading substantially as follows must be placed
310	310	5 immediately below the name of the office and above the name of the
311	311	6 first candidate:
312	312	7 (1) "Vote for one (1) only.", if only one (1) candidate is to be
313	313	8 elected to the office.
314	314	9 (2) "Vote for not more than (insert the number of candidates to be
315	315	10 elected) candidate(s) for this office. To vote for any candidate for
316	316	11 this office, you must make a voting mark for each candidate you
317	317	12 wish to vote for.", A straight party vote will not count as a vote for
318	318	13 any candidate for this office.", if more than one (1) candidate is to
319	319	14 be elected to the office.
320	320	15 (g) Below the name of the office and the statement required by
321	321	16 subsection (f), the names of the candidates for each office must be
322	322	17 grouped together in the following order:
323	323	18 (1) The major political party whose candidate received the highest
324	324	19 greatest number of votes in the county for secretary of state at the
325	325	20 last most recent election for secretary of state is listed first.
326	326	21 (2) The major political party whose candidate received the second
327	327	22 highest greatest number of votes in the county for secretary of
328	328	23 state at the most recent election for secretary of state is listed
329	329	24 second.
330	330	25 (3) All other political parties listed in the order that the parties'
331	331	26 candidates for secretary of state finished in the last most recent
332	332	27 election for secretary of state are listed after the party listed in
333	333	28 subdivision (2).
334	334	29 (4) If a political party did not have a candidate for secretary of
335	335	30 state in the last most recent election for secretary of state or a
336	336	31 nominee is an independent candidate or independent ticket
337	337	32 (described in IC 3-11-2-6), the party or candidate is listed after
338	338	33 the parties described in subdivisions (1), (2), and (3).
339	339	34 (5) If more than one (1) political party or independent candidate
340	340	35 or ticket described in subdivision (4) qualifies to be on the ballot,
341	341	36 the parties, candidates, or tickets are listed in the order in which
342	342	37 the party filed its petition of nomination under IC 3-8-6-12.
343	343	38 (6) A space for write-in voting is placed after the candidates listed
344	344	39 in subdivisions (1) through (5), if required by law.
345	345	40 (7) The name of a write-in candidate may not be listed on the
346	346	41 ballot.
347	347	42 (h) The names of the candidates grouped in the order established by
348	348	2023 IN 1183—LS 7420/DI 75 9
349	349	1 subsection (g) must be printed in type with uniform capital letters and
350	350	2 have a uniform space between each name. The name of the candidate's
351	351	3 political party, or the word "Independent" if the:
352	352	4 (1) candidate; or
353	353	5 (2) ticket of candidates for:
354	354	6 (A) President and Vice President of the United States; or
355	355	7 (B) governor and lieutenant governor;
356	356	8 is independent, must be placed immediately below or beside the name
357	357	9 of the candidate and must be printed in a uniform size and type.
358	358	10 (i) All the candidates of the same political party for election to
359	359	11 at-large seats on the fiscal or legislative body of a political subdivision
360	360	12 must be grouped together:
361	361	13 (1) under the name of the office that the candidates are seeking;
362	362	14 (2) in the order established by subsection (g); and
363	363	15 (3) within the political party, in alphabetical order according to
364	364	16 surname.
365	365	17 A statement reading substantially as follows must be placed
366	366	18 immediately below the name of the office and above the name of the
367	367	19 first candidate: "Vote for not more than (insert the number of
368	368	20 candidates to be elected) candidate(s) of ANY party for this office.".
369	369	21 (j) Candidates for election to at-large seats on the governing body
370	370	22 of a school corporation must be grouped:
371	371	23 (1) under the name of the office that the candidates are seeking;
372	372	24 and
373	373	25 (2) in alphabetical order according to surname.
374	374	26 A statement reading substantially as follows must be placed
375	375	27 immediately below the name of the office and above the name of the
376	376	28 first candidate: "Vote for not more than (insert the number of
377	377	29 candidates to be elected) candidate(s) for this office.".
378	378	30 (k) The following information must be placed at the top of the ballot
379	379	31 before the first public question is listed:
380	380	32 (1) The cautionary statement described in IC 3-11-2-7.
381	381	33 (2) The instructions described in IC 3-11-2-8 IC 3-11-2-10(d),
382	382	34 and IC 3-11-2-10(e). IC 3-11-2-10(c).
383	383	35 (l) The ballot must include: a single connectable arrow, circle, oval,
384	384	36 or square, or a voting position for voting a straight party or an
385	385	37 independent ticket (described in IC 3-11-2-6) by one (1) mark as
386	386	38 required by section 14 of this chapter, and the single connectable
387	387	39 arrow, circle, oval, or square, or the voting position for casting a
388	388	40 straight party or an independent ticket ballot must be identified by:
389	389	41 (1) the name of the political party or independent ticket
390	390	42 (described in IC 3-11-2-6); and
391	391	2023 IN 1183—LS 7420/DI 75 10
392	392	1 (2) immediately below or beside the political party's or
393	393	2 independent ticket's name, the device of that party or ticket
394	394	3 (described in IC 3-11-2-5).
395	395	4 The name and device of each political party or independent ticket must
396	396	5 be of uniform size and type and arranged in the order established by
397	397	6 subsection (g) for listing candidates under each office. The instructions
398	398	7 described in IC 3-11-2-10(c) for voting a straight party ticket and the
399	399	8 statement concerning presidential electors required under IC 3-10-4-3
400	400	9 must be placed on the ballot label. The instructions for voting a straight
401	401	10 party ticket must include the statement: "If you do not wish to vote a
402	402	11 straight party ticket, do not make a mark in this section and proceed to
403	403	12 voting the ballot by office.".
404	404	13 (m) A public question must be in the form described in
405	405	14 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
406	406	15 arrow, a circle, or an oval may be used instead of a square. Except as
407	407	16 expressly authorized or required by statute, a county election board
408	408	17 may not print a ballot card that contains language concerning the public
409	409	18 question other than the language authorized by a statute.
410	410	19 (n) The requirements in this section:
411	411	20 (1) do not replace; and
412	412	21 (2) are in addition to;
413	413	22 any other requirements in this title that apply to optical scan ballots.
414	414	23 (o) The procedure described in IC 3-11-2-16 must be used when a
415	415	24 ballot does not comply with the requirements imposed by this title or
416	416	25 contains another error or omission that might result in confusion or
417	417	26 mistakes by voters.
418	418	27 (p) This subsection applies to an optical scan ballot that does not
419	419	28 list:
420	420	29 (1) the names of political parties or candidates; or
421	421	30 (2) the text of public questions;
422	422	31 on the face of the ballot. The ballot must be prepared in accordance
423	423	32 with this section, except that the ballot must include a numbered circle
424	424	33 or oval to refer to each political party, candidate, or public question.
425	425	34 SECTION 11. IC 3-11-13-14 IS REPEALED [EFFECTIVE
426	426	35 JANUARY 1, 2024]. Sec. 14. (a) In partisan elections, the ballot labels
427	427	36 must include a voting square or position where a voter may by one (1)
428	428	37 voting mark on each card record a straight party or an independent
429	429	38 ticket vote for all the candidates of one (1) political party or the
430	430	39 independent ticket, except for offices for which the voter:
431	431	40 (1) is required to cast an individual vote for a candidate under
432	432	41 IC 3-11-7-4(b); or
433	433	42 (2) has voted individually for a candidate for any other office.
434	434	2023 IN 1183—LS 7420/DI 75 11
435	435	1 (b) If the voter records a vote for the two (2) candidates comprising
436	436	2 an independent ticket, the vote must not count for any other
437	437	3 independent candidate on the ballot.
438	438	4 (c) A ballot label must not include a voting square or position to
439	439	5 permit a voter to cast a straight party ticket for a political party or
440	440	6 independent ticket if:
441	441	7 (1) there are no candidates of that political party; or
442	442	8 (2) the only candidates of the political party are for election to
443	443	9 offices to which more than one (1) individual is to be elected and
444	444	10 which will not be credited with a vote under IC 3-12-1-7 if a voter
445	445	11 casts a straight party ticket.
446	446	12 SECTION 12. IC 3-11-13-22, AS AMENDED BY P.L.135-2020,
447	447	13 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
448	448	14 JANUARY 1, 2024]: Sec. 22. (a) This section applies to:
449	449	15 (1) a ballot card voting system; and
450	450	16 (2) a voting system that includes features of a ballot card voting
451	451	17 system and a direct record electronic voting system.
452	452	18 (b) Not later than seventy-four (74) days before election day, for
453	453	19 each county planning to use automatic tabulating machines at the next
454	454	20 election, VSTOP shall provide each county election board with a
455	455	21 randomly sorted list of unique identification numbers for the inventory
456	456	22 of machines in the county maintained under IC 3-11-16-4. Starting at
457	457	23 the top of the list, the county election board shall select machines in the
458	458	24 list in the order listed so that:
459	459	25 (1) if a machine to be selected in the list is not scheduled to be
460	460	26 used in the upcoming election, the selection process will move to
461	461	27 the next machine in the order listed;
462	462	28 (2) each selected machine is scheduled to be used in the
463	463	29 upcoming election; and
464	464	30 (3) the number of machines selected is not less than five percent
465	465	31 (5%) of the machines in the county scheduled by the county
466	466	32 election board to be used in the upcoming election.
467	467	33 (c) The county election board shall test the machines as described
468	468	34 in subsection (b) to ascertain that the machines will correctly count the
469	469	35 votes cast for straight party tickets, for all candidates (including
470	470	36 write-in candidates) and on all public questions. If an individual
471	471	37 attending the public test requests that additional automatic tabulating
472	472	38 machines be tested, then the county election board shall select and test
473	473	39 additional machines from the list in the manner described in subsection
474	474	40 (b).
475	475	41 (d) If VSTOP does not provide the lists under subsection (b) not
476	476	42 later than sixty (60) days before the election, the county election board
477	477	2023 IN 1183—LS 7420/DI 75 12
478	478	1 shall establish and implement a procedure for random selection of not
479	479	2 less than five percent (5%) of the machines in the county to be used in
480	480	3 the upcoming election. The county election board shall then test the
481	481	4 machines selected as described in subsection (c).
482	482	5 (e) Not later than seven (7) days after conducting the test under
483	483	6 subsection (c), the county election board shall certify to the election
484	484	7 division that the test has been conducted in conformity with subsection
485	485	8 (c). The testing under subsection (c) must begin before absentee voting
486	486	9 begins in the office of the circuit court clerk under IC 3-11-10-26.
487	487	10 (f) Public notice of the time and place shall be given at least
488	488	11 forty-eight (48) hours before the test. The notice shall be published
489	489	12 once in accordance with IC 5-3-1-4.
490	490	13 (g) If a county election board determines that:
491	491	14 (1) a ballot:
492	492	15 (A) must be reprinted or corrected as provided by
493	493	16 IC 3-11-2-16 because of the omission of a candidate, political
494	494	17 party, or public question from the ballot; or
495	495	18 (B) is an absentee ballot that a voter is entitled to recast under
496	496	19 IC 3-11.5-4-2 because the absentee ballot includes a candidate
497	497	20 for election to office who:
498	498	21 (i) ceased to be a candidate; and
499	499	22 (ii) has been succeeded by a candidate selected under
500	500	23 IC 3-13-1 or IC 3-13-2; and
501	501	24 (2) ballots used in the test conducted under this section were not
502	502	25 reprinted or corrected to remove the omission of a candidate,
503	503	26 political party, or public question, or indicate the name of the
504	504	27 successor candidate;
505	505	28 the county election board shall conduct an additional public test
506	506	29 described in subsection (c) using the reprinted or corrected ballots.
507	507	30 Notice of the time and place of the additional test shall be given in
508	508	31 accordance with IC 5-14-1.5, but publication of the notice in
509	509	32 accordance with IC 5-3-1-4 is not required.
510	510	33 SECTION 13. IC 3-11-13-31.7, AS AMENDED BY P.L.21-2016,
511	511	34 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
512	512	35 JANUARY 1, 2024]: Sec. 31.7. (a) This section is enacted to comply
513	513	36 with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory
514	514	37 standards to define what constitutes a vote on an optical scan voting
515	515	38 system.
516	516	39 (b) After receiving ballot cards, a voter shall, without leaving the
517	517	40 room, go alone into one (1) of the booths or compartments that is
518	518	41 unoccupied and indicate:
519	519	42 (1) the candidates for whom the voter desires to vote by marking
520	520	2023 IN 1183—LS 7420/DI 75 13
521	521	1 the connectable arrows, circles, ovals, or squares immediately
522	522	2 beside:
523	523	3 (A) the candidates' names; or
524	524	4 (B) the numbers referring to the candidates; and
525	525	5 (2) the voter's preference on each public question by marking the
526	526	6 connectable arrow, oval, or square beside:
527	527	7 (A) the word "yes" or "no" under the question; or
528	528	8 (B) the number referring to the word "yes" or "no" on the
529	529	9 ballot.
530	530	10 (c) If an election is a general or municipal election and a voter
531	531	11 desires to vote for all the candidates of one (1) political party or
532	532	12 independent ticket (described in IC 3-11-2-6), the voter may mark:
533	533	13 (1) the circle enclosing the device; or
534	534	14 (2) the connectable arrow, circle, oval, or square described in
535	535	15 section 11 of this chapter;
536	536	16 that designates the candidates of that political party or independent
537	537	17 ticket (described in IC 3-11-2-6). Except as provided by
538	538	18 IC 3-11-7-4(b), the voter's vote shall then be counted for all the
539	539	19 candidates of that political party or included in the independent ticket
540	540	20 (described in IC 3-11-2-6). However, if the voter marks the circle,
541	541	21 arrow, oval, or square of an independent ticket (described in
542	542	22 IC 3-11-2-6), the vote shall not be counted for any other independent
543	543	23 candidate on the ballot.
544	544	24 (d) (c) This subsection applies to a voter casting a ballot on a voting
545	545	25 system that includes features of both an optical scan ballot card voting
546	546	26 system and a direct record electronic voting system. After entering into
547	547	27 a booth used with the voting system, the voter shall indicate the
548	548	28 candidates for whom the voter desires to vote and the voter's preference
549	549	29 on each public question by:
550	550	30 (1) inserting a paper ballot or an optical scan ballot into the voting
551	551	31 system; or
552	552	32 (2) using headphones to listen to a recorded list of political
553	553	33 parties, candidates, and public questions.
554	554	34 (e) (d) A voter using a voting system described in subsection (d) (c)
555	555	35 may indicate the voter's selections by:
556	556	36 (1) touching a device on or in the squares immediately adjacent
557	557	37 to the name of a political party, candidate, or response to a public
558	558	38 question; or
559	559	39 (2) indicating the voter's choices by using a sip puff device that
560	560	40 enables the voter to indicate a choice by inhaling or exhaling.
561	561	41 SECTION 14. IC 3-11-14-2, AS AMENDED BY P.L.115-2022,
562	562	42 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
563	563	2023 IN 1183—LS 7420/DI 75 14
564	564	1 JANUARY 1, 2024]: Sec. 2. (a) Except as provided in subsections (c)
565	565	2 and (f), a county election board may use an approved electronic voting
566	566	3 system:
567	567	4 (1) in any election;
568	568	5 (2) in all or in some of the precincts within a political subdivision
569	569	6 holding an election; and
570	570	7 (3) instead of or in combination with any other voting method.
571	571	8 (b) A county election board may use an electronic voting system
572	572	9 which includes a voter verifiable paper audit trail if the voting system:
573	573	10 (1) otherwise complies with this chapter and IC 3-11-15; and
574	574	11 (2) is certified by the Indiana election commission.
575	575	12 (c) A county election board may not use an approved electronic
576	576	13 voting system purchased, leased, or otherwise acquired by the county
577	577	14 after December 31, 2019, unless the system:
578	578	15 (1) is certified by the Indiana election commission; and
579	579	16 (2) includes a voter verifiable paper audit trail.
580	580	17 This subsection does not prohibit a county election board from having
581	581	18 maintenance performed on an electronic voting system purchased,
582	582	19 leased, or otherwise acquired by the county before January 1, 2020.
583	583	20 (d) The voter verifiable paper audit trail must contain all of the
584	584	21 following:
585	585	22 (1) The name or code of the election as provided by the voting
586	586	23 system.
587	587	24 (2) The date of the election.
588	588	25 (3) The date the voter verifiable paper audit trail was printed.
589	589	26 (4) A security code and record number specific to each paper
590	590	27 receipt assigned by the voting system.
591	591	28 (5) The name or designation of the voter's precinct.
592	592	29 (6) The name or designation of each office on the voter's ballot.
593	593	30 (7) The name of the candidate and the designation of the
594	594	31 candidate's political party selected by the voter.
595	595	32 (8) If the voter selects a straight party ticket, the name of the
596	596	33 political party ticket the voter selected.
597	597	34 (9) (8) The following information:
598	598	35 (A) A description of the text of any public question or judicial
599	599	36 retention question on the voter's ballot that:
600	600	37 (i) contains not more than thirty (30) characters; and
601	601	38 (ii) the county election board determines reasonably conveys
602	602	39 the content of the public question or judicial retention
603	603	40 question.
604	604	41 (B) The response the voter selected for each question.
605	605	42 (e) The voter verifiable paper audit trail may contain additional
606	606	2023 IN 1183—LS 7420/DI 75 15
607	607	1 information and instructions determined to be useful to the voter by the
608	608	2 county election board subject to the design capabilities of the voter
609	609	3 verifiable paper audit trail.
610	610	4 (f) This subsection applies to a county in which any direct record
611	611	5 electronic voting system that does not include a voter verifiable paper
612	612	6 audit trail is used for an election. A county election board shall not use
613	613	7 a direct record electronic voting system in an election after July 1,
614	614	8 2022, unless the county election board:
615	615	9 (1) uses a number of direct record electronic voting systems
616	616	10 including a voter verifiable paper audit trail in the election that is
617	617	11 equal to or greater than ten percent (10%) of the total number of
618	618	12 direct record electronic voting systems owned, leased, or
619	619	13 otherwise available to the county as of January 1, 2022, and as of
620	620	14 January 1 in each year thereafter;
621	621	15 (2) determines, not later than July 1, 2022, and January 1 of each
622	622	16 year thereafter, the minimum number of direct record electronic
623	623	17 voting systems including a voter verifiable paper audit trail
624	624	18 necessary to comply with the requirement of this subsection; and
625	625	19 (3) files a certification of this determination to the secretary of
626	626	20 state not later than August 11, 2022, and February 11 of each year
627	627	21 thereafter.
628	628	22 SECTION 15. IC 3-11-14-3.5, AS AMENDED BY P.L.193-2021,
629	629	23 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
630	630	24 JANUARY 1, 2024]: Sec. 3.5. (a) Each county election board shall
631	631	25 have the names of all candidates for all elected offices, political party
632	632	26 offices, and public questions printed on ballot labels for use in an
633	633	27 electronic voting system as provided in this chapter.
634	634	28 (b) The county may:
635	635	29 (1) print all offices and public questions on a single ballot label;
636	636	30 and
637	637	31 (2) include a ballot variation code to ensure that the proper
638	638	32 version of a ballot label is used within a precinct.
639	639	33 (c) Each type of ballot label must be of uniform size and of the same
640	640	34 quality and color of paper (except as permitted under IC 3-10-1-17).
641	641	35 (d) The nominees of a political party or an independent candidate
642	642	36 or independent ticket (described in IC 3-11-2-6) nominated by
643	643	37 petitioners must be listed on the ballot label with the name and device
644	644	38 set forth on the certification or petition. The circle containing the
645	645	39 device may be of any size that permits a voter to readily identify the
646	646	40 device. IC 3-11-2-5 applies if the certification or petition does not
647	647	41 include a name or device, or if the same device is selected by two (2)
648	648	42 or more parties or petitioners.
649	649	2023 IN 1183—LS 7420/DI 75 16
650	650	1 (e) The ballot labels must list the offices and public questions on the
651	651	2 general election ballot in the order listed in IC 3-11-2-12,
652	652	3 IC 3-11-2-12.4, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a),
653	653	4 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
654	654	5 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). Each office and
655	655	6 public question may have a separate screen, or the offices and public
656	656	7 questions may be listed in a continuous column or row either vertically
657	657	8 or horizontally.
658	658	9 (f) The name of each office must be printed in a uniform size in bold
659	659	10 type. A statement reading substantially as follows must be placed
660	660	11 immediately below the name of the office and above the name of the
661	661	12 first candidate:
662	662	13 (1) "Vote for one (1) only.", if only one (1) candidate is to be
663	663	14 elected to the office.
664	664	15 (2) "Vote for not more than (insert the number of candidates to be
665	665	16 elected) candidate(s) for this office. To vote for any candidate for
666	666	17 this office, you must make a voting mark for each candidate you
667	667	18 wish to vote for.", A straight party vote will not count as a vote for
668	668	19 any candidate for this office.", if more than one (1) candidate is to
669	669	20 be elected to the office.
670	670	21 (g) Below the name of the office and the statement required by
671	671	22 subsection (f), the names of the candidates for each office must be
672	672	23 grouped together in the following order:
673	673	24 (1) The major political party whose candidate received the highest
674	674	25 greatest number of votes in the county for secretary of state at the
675	675	26 last most recent election for secretary of state is listed first.
676	676	27 (2) The major political party whose candidate received the second
677	677	28 highest greatest number of votes in the county for secretary of
678	678	29 state at the most recent election for secretary of state is listed
679	679	30 second.
680	680	31 (3) All other political parties listed in the order that the parties'
681	681	32 candidates for secretary of state finished in the last most recent
682	682	33 election for secretary of state are listed after the party listed in
683	683	34 subdivision (2).
684	684	35 (4) If a political party did not have a candidate for secretary of
685	685	36 state in the last most recent election for secretary of state or a
686	686	37 nominee is an independent candidate or independent ticket
687	687	38 (described in IC 3-11-2-6), the party or candidate is listed after
688	688	39 the parties described in subdivisions (1), (2), and (3).
689	689	40 (5) If more than one (1) political party or independent candidate
690	690	41 or ticket described in subdivision (4) qualifies to be on the ballot,
691	691	42 the parties, candidates, or tickets are listed in the order in which
692	692	2023 IN 1183—LS 7420/DI 75 17
693	693	1 the party filed its petition of nomination under IC 3-8-6-12.
694	694	2 (6) A space for write-in voting is placed after the candidates listed
695	695	3 in subdivisions (1) through (5), if required by law. A space for
696	696	4 write-in voting for an office is not required if there are no
697	697	5 declared write-in candidates for that office. However, procedures
698	698	6 must be implemented to permit write-in voting for candidates for
699	699	7 federal offices.
700	700	8 (7) The name of a write-in candidate may not be listed on the
701	701	9 ballot.
702	702	10 (h) The names of the candidates grouped in the order established by
703	703	11 subsection (g) must be printed in type with uniform capital letters and
704	704	12 have a uniform space between each name. The name of the candidate's
705	705	13 political party, or the word "Independent", if the:
706	706	14 (1) candidate; or
707	707	15 (2) ticket of candidates for:
708	708	16 (A) President and Vice President of the United States; or
709	709	17 (B) governor and lieutenant governor;
710	710	18 is independent, must be placed immediately below or beside the name
711	711	19 of the candidate and must be printed in uniform size and type.
712	712	20 (i) All the candidates of the same political party for election to
713	713	21 at-large seats on the fiscal or legislative body of a political subdivision
714	714	22 must be grouped together:
715	715	23 (1) under the name of the office that the candidates are seeking;
716	716	24 (2) in the party order established by subsection (g); and
717	717	25 (3) within the political party, in alphabetical order according to
718	718	26 surname.
719	719	27 A statement reading substantially as follows must be placed
720	720	28 immediately below the name of the office and above the name of the
721	721	29 first candidate: "Vote for not more than (insert the number of
722	722	30 candidates to be elected) candidate(s) of ANY party for this office.".
723	723	31 (j) Candidates for election to at-large seats on the governing body
724	724	32 of a school corporation must be grouped:
725	725	33 (1) under the name of the office that the candidates are seeking;
726	726	34 and
727	727	35 (2) in alphabetical order according to surname.
728	728	36 A statement reading substantially as follows must be placed
729	729	37 immediately below the name of the office and above the name of the
730	730	38 first candidate: "Vote for not more than (insert the number of
731	731	39 candidates to be elected) candidate(s) for this office.".
732	732	40 (k) The cautionary statement described in IC 3-11-2-7 must be
733	733	41 placed at the top or beginning of the ballot label before the first public
734	734	42 question is listed.
735	735	2023 IN 1183—LS 7420/DI 75 18
736	736	1 (l) The instructions described in IC 3-11-2-8 IC 3-11-2-10(d), and
737	737	2 IC 3-11-2-10(e) IC 3-11-2-10(c) may be:
738	738	3 (1) placed on the ballot label; or
739	739	4 (2) posted in a location within the voting booth that permits the
740	740	5 voter to easily read the instructions.
741	741	6 (m) Except as provided in section 14.5 of this chapter, The ballot
742	742	7 label must include: a touch sensitive point or button for voting a
743	743	8 straight political party or independent ticket (described in IC 3-11-2-6)
744	744	9 by one (1) touch, and the touch sensitive point or button must be
745	745	10 identified by:
746	746	11 (1) the name of the political party or independent ticket; and
747	747	12 (2) immediately below or beside the political party's or
748	748	13 independent ticket's name, the device of that party or ticket
749	749	14 (described in IC 3-11-2-5).
750	750	15 The name and device of each party or ticket must be of uniform size
751	751	16 and type, and arranged in the order established by subsection (g) for
752	752	17 listing candidates under each office. The instructions described in
753	753	18 IC 3-11-2-10(c) for voting a straight party ticket and the statement
754	754	19 concerning presidential electors required under IC 3-10-4-3 must be
755	755	20 placed on the ballot label. The instructions for voting a straight party
756	756	21 ticket must include the statement: "If you do not wish to vote a straight
757	757	22 party ticket, press "NEXT" (or replace "NEXT" with the term used by
758	758	23 that voting system to permit a voter to skip a ballot screen) to continue
759	759	24 voting.".
760	760	25 (n) A public question must be in the form described in
761	761	26 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
762	762	27 point or button must be used instead of a square. Except as expressly
763	763	28 authorized or required by statute, a county election board may not print
764	764	29 a ballot label that contains language concerning the public question
765	765	30 other than the language authorized by a statute.
766	766	31 (o) The requirements in this section:
767	767	32 (1) do not replace; and
768	768	33 (2) are in addition to;
769	769	34 any other requirements in this title that apply to ballots for electronic
770	770	35 voting systems.
771	771	36 (p) The procedure described in IC 3-11-2-16 must be used when a
772	772	37 ballot label does not comply with the requirements imposed by this title
773	773	38 or contains another error or omission that might result in confusion or
774	774	39 mistakes by voters.
775	775	40 SECTION 16. IC 3-11-14-14.5 IS REPEALED [EFFECTIVE
776	776	41 JANUARY 1, 2024]. Sec. 14.5. A ballot label must not include a touch
777	777	42 sensitive point or button to permit a voter to cast a straight party ticket
778	778	2023 IN 1183—LS 7420/DI 75 19
779	779	1 for a political party or independent ticket if:
780	780	2 (1) there are no candidates of that political party; or
781	781	3 (2) the only candidates of the political party are for election to
782	782	4 offices to which more than one (1) individual is to be elected and
783	783	5 which will not be credited with a vote under IC 3-12-1-7 if a voter
784	784	6 casts a straight party ticket.
785	785	7 SECTION 17. IC 3-11-14-23, AS AMENDED BY P.L.21-2016,
786	786	8 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
787	787	9 JANUARY 1, 2024]: Sec. 23. (a) This section is enacted to comply
788	788	10 with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory
789	789	11 standards to define what constitutes a vote on an electronic voting
790	790	12 system.
791	791	13 (b) If a voter is not challenged by a member of the precinct election
792	792	14 board, the voter may pass the railing to the side where an electronic
793	793	15 voting system is and into the voting booth. There the voter shall
794	794	16 register the voter's vote in secret by indicating:
795	795	17 (1) the candidates for whom the voter desires to vote by touching
796	796	18 a device on or in the squares immediately above the candidates'
797	797	19 names;
798	798	20 (2) if the voter intends to cast a write-in vote, a write-in vote by
799	799	21 touching a device on or in the square immediately below the
800	800	22 candidates' names and printing the name of the candidate in the
801	801	23 window provided for write-in voting; and
802	802	24 (3) the voter's preference on each public question by touching a
803	803	25 device above the word "yes" or "no" under the question.
804	804	26 (c) If an election is a general or municipal election and a voter
805	805	27 desires to vote for all the candidates of one (1) political party or group
806	806	28 of petitioners, the voter may cast a straight party ticket by touching that
807	807	29 party's device. Except as provided in IC 3-11-7.5-10(b), the voter's vote
808	808	30 shall then be counted for all the candidates under that name. However,
809	809	31 if the voter casts a vote by touching the circle of an independent ticket
810	810	32 comprised of two (2) candidates, the vote shall not be counted for any
811	811	33 other independent candidate on the ballot.
812	812	34 (d) (c) As provided by 52 U.S.C. 21081, a voter casting a ballot on
813	813	35 an electronic voting system must be:
814	814	36 (1) permitted to verify in a private and independent manner the
815	815	37 votes selected by the voter before the ballot is cast and counted;
816	816	38 (2) provided the opportunity to change the ballot or correct any
817	817	39 error in a private and independent manner before the ballot is cast
818	818	40 and counted, including the opportunity to receive a replacement
819	819	41 ballot if the voter is otherwise unable to change or correct the
820	820	42 ballot; and
821	821	2023 IN 1183—LS 7420/DI 75 20
822	822	1 (3) notified before the ballot is cast regarding the effect of casting
823	823	2 multiple votes for the office and provided an opportunity to
824	824	3 correct the ballot before the ballot is cast and counted.
825	825	4 SECTION 18. IC 3-11-14.5-1, AS AMENDED BY P.L.135-2020,
826	826	5 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
827	827	6 JANUARY 1, 2024]: Sec. 1. (a) Not later than seventy-four (74) days
828	828	7 before election day, for each county planning to use an electronic
829	829	8 voting system at the next election, VSTOP shall provide each county
830	830	9 election board with a randomly sorted list of unique identification
831	831	10 numbers for the inventory of machines in the county maintained under
832	832	11 IC 3-11-16-4. Starting at the top of the list, the county election board
833	833	12 shall select machines in the list in the order listed so that:
834	834	13 (1) if a machine to be selected in the list is not scheduled to be
835	835	14 used in the upcoming election, the selection process will move to
836	836	15 the next machine in the order listed;
837	837	16 (2) each selected machine is scheduled to be used in the
838	838	17 upcoming election; and
839	839	18 (3) the number of machines selected is not less than five percent
840	840	19 (5%) of the machines in the county scheduled by the county
841	841	20 election board to be used in the upcoming election.
842	842	21 (b) The county election board shall test the machines as described
843	843	22 in subsection (a) to ascertain that the machines will correctly count the
844	844	23 votes cast for straight party tickets, for all candidates (including
845	845	24 write-in candidates) and on all public questions. If an individual
846	846	25 attending the public test requests that additional electronic voting
847	847	26 systems be tested, then the county election board shall select and test
848	848	27 additional machines from the list in the manner described in subsection
849	849	28 (a).
850	850	29 (c) If VSTOP does not provide the lists under subsection (a) not
851	851	30 later than sixty (60) days before the election, the county election board
852	852	31 shall establish and implement a procedure for random selection of not
853	853	32 less than five percent (5%) of the machines in the county. The county
854	854	33 election board shall then test the machines selected to be used in the
855	855	34 upcoming election as described in subsection (b).
856	856	35 (d) The testing under subsection (b) must begin before absentee
857	857	36 voting starts in the office of the circuit court clerk under IC 3-11-10-26.
858	858	37 (e) If a county election board determines that:
859	859	38 (1) a ballot provided by an electronic voting system:
860	860	39 (A) must be corrected as provided by IC 3-11-2-16 because of
861	861	40 the omission of a candidate, political party, or public question
862	862	41 from the ballot; or
863	863	42 (B) is an absentee ballot that a voter is entitled to recast under
864	864	2023 IN 1183—LS 7420/DI 75 21
865	865	1 IC 3-11.5-4-2 because the absentee ballot includes a candidate
866	866	2 for election to office who:
867	867	3 (i) ceased to be a candidate; and
868	868	4 (ii) has been succeeded by a candidate selected under
869	869	5 IC 3-13-1 or IC 3-13-2; and
870	870	6 (2) machines used in the test conducted under this section did not
871	871	7 contain a ballot that was reprinted or corrected to remove the
872	872	8 omission of a candidate, political party, or public question, or
873	873	9 indicate the name of the successor candidate;
874	874	10 the county election board shall conduct an additional public test
875	875	11 described in subsection (b) using the machines previously tested and
876	876	12 containing the reprinted or corrected ballots.
877	877	13 SECTION 19. IC 3-12-1-1, AS AMENDED BY P.L.64-2014,
878	878	14 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
879	879	15 JANUARY 1, 2024]: Sec. 1. Subject to sections 5, 6, 7, 8, 9, 9.5, and
880	880	16 13 of this chapter, the primary factor to be considered in determining
881	881	17 a voter's choice on a ballot is the intent of the voter. If the voter's intent
882	882	18 can be determined on the ballot or on part of the ballot, the vote shall
883	883	19 be counted for the affected candidate or candidates or on the public
884	884	20 question. However, if it is impossible to determine a voter's choice of
885	885	21 candidates on a part of a ballot or vote on a public question, then the
886	886	22 voter's vote concerning those candidates or public questions may not
887	887	23 be counted.
888	888	24 SECTION 20. IC 3-12-1-5, AS AMENDED BY P.L.278-2019,
889	889	25 SECTION 137, IS AMENDED TO READ AS FOLLOWS
890	890	26 [EFFECTIVE JANUARY 1, 2024]: Sec. 5. (a) This subsection does not
891	891	27 apply to a ballot card voting system or an electronic voting system.
892	892	28 Except as provided in subsection (d), A voting mark made by a voter
893	893	29 on or in a voting square at the left of a candidate's name or political
894	894	30 party's name shall be counted as a vote for the candidate. or candidates
895	895	31 of the political party.
896	896	32 (b) This subsection applies to a ballot card voting system. A voting
897	897	33 mark made by a voter:
898	898	34 (1) on or in a circle, oval, or square; or
899	899	35 (2) to connect a connectable arrow;
900	900	36 immediately below or beside a candidate's name or political party's
901	901	37 name shall be counted as a vote for the candidate. or candidates of the
902	902	38 political party, except as provided in subsection (d).
903	903	39 (c) This subsection applies to a direct record electronic voting
904	904	40 system. A voting mark made by a voter touching a touch sensitive point
905	905	41 or button below or beside a candidate's name or political party's name
906	906	42 shall be counted as a vote for the candidate. or candidates of the
907	907	2023 IN 1183—LS 7420/DI 75 22
908	908	1 political party, except as provided in subsection (d).
909	909	2 (d) A voter who wishes to cast a ballot for a candidate for election
910	910	3 to an at-large district to which more than one (1) person may be elected
911	911	4 on a:
912	912	5 (1) county council;
913	913	6 (2) city common council;
914	914	7 (3) town council; or
915	915	8 (4) township board;
916	916	9 must make a voting mark for each individual candidate for whom the
917	917	10 voter wishes to cast a vote. A straight ticket voting mark on a paper
918	918	11 ballot, ballot card voting system, or electronic voting system shall not
919	919	12 be counted as a straight party ticket voting mark as a vote for any
920	920	13 candidate for an office described by this subsection.
921	921	14 SECTION 21. IC 3-12-1-7, AS AMENDED BY P.L.21-2016,
922	922	15 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
923	923	16 JANUARY 1, 2024]: Sec. 7. (a) This subsection applies whenever a
924	924	17 voter:
925	925	18 (1) votes a straight party ticket; and
926	926	19 (2) votes only for one (1) or more individual candidates who are
927	927	20 all of the same political party as the straight ticket vote.
928	928	21 Except as provided in subsection (d) or (e), the straight ticket vote shall
929	929	22 be counted and the individual candidate votes may not be counted.
930	930	23 (b) This subsection applies whenever:
931	931	24 (1) a voter has voted a straight party ticket for the candidates of
932	932	25 one (1) political party;
933	933	26 (2) only one (1) person may be elected to an office; and
934	934	27 (3) the voter has voted for one (1) individual candidate for the
935	935	28 office described in subdivision (2) who is:
936	936	29 (A) a candidate of a political party other than the party for
937	937	30 which the voter voted a straight ticket; or
938	938	31 (B) an independent candidate or declared write-in candidate
939	939	32 for the office.
940	940	33 If the voter has voted for one (1) individual candidate for the office
941	941	34 described in subdivision (2), the individual candidate vote for that
942	942	35 office shall be counted, the straight party ticket vote for that office may
943	943	36 not be counted, and the straight party ticket votes for other offices on
944	944	37 the ballot shall be counted.
945	945	38 (c) This subsection applies whenever:
946	946	39 (1) a voter has voted a straight party ticket for the candidates of
947	947	40 one (1) political party; and
948	948	41 (2) the voter has voted for more individual candidates for the
949	949	42 office than the number of persons to be elected to that office.
950	950	2023 IN 1183—LS 7420/DI 75 23
951	951	1 The individual candidate votes for that office may not be counted, the
952	952	2 straight party ticket vote for that office may not be counted, and the
953	953	3 straight party ticket votes for other offices on the ballot shall be
954	954	4 counted.
955	955	5 (d) This subsection applies whenever:
956	956	6 (1) a voter has voted a straight party ticket for the candidates of
957	957	7 one (1) political party;
958	958	8 (2) more than one (1) person may be elected to an office; and
959	959	9 (3) the voter has voted for individual candidates for the office
960	960	10 described in subdivision (2) who are:
961	961	11 (A) independent candidates or declared write-in candidates;
962	962	12 (B) candidates of a political party other than the political party
963	963	13 for which the voter cast a straight party ticket under
964	964	14 subdivision (1); or
965	965	15 (C) a combination of candidates described in clauses (A) and
966	966	16 (B).
967	967	17 The individual votes cast by the voter for the office for the independent
968	968	18 candidates, declared write-in candidates, and the candidates of a
969	969	19 political party other than the political party for which the voter cast a
970	970	20 straight party ticket shall be counted unless the total number of these
971	971	21 individual votes is greater than the number of persons to be elected to
972	972	22 the office. The straight party ticket votes for the office shall not be
973	973	23 counted. The straight party ticket votes for other offices on the voter's
974	974	24 ballot shall be counted.
975	975	25 (e) This subsection applies whenever:
976	976	26 (1) a voter has voted a straight party ticket for the candidates of
977	977	27 one (1) political party;
978	978	28 (2) more than one (1) person may be elected to an office; and
979	979	29 (3) the voter has voted for individual candidates for the office
980	980	30 described in subdivision (2) who are:
981	981	31 (A) independent candidates, declared write-in candidates, or
982	982	32 candidates of a political party other than the political party for
983	983	33 which the voter cast a straight party ticket under subdivision
984	984	34 (1); and
985	985	35 (B) candidates of the same political party for which the voter
986	986	36 cast a straight party ticket under subdivision (1).
987	987	37 The individual votes cast by the voter for the office for the independent
988	988	38 candidates, the declared write-in candidates, and the candidates of a
989	989	39 political party other than the political party for which the voter cast a
990	990	40 straight party ticket, and the candidates of the political party for which
991	991	41 the voter cast a straight party ticket shall be counted unless the total
992	992	42 number of these individual votes is greater than the number of persons
993	993	2023 IN 1183—LS 7420/DI 75 24
994	994	1 to be elected to the office. The straight party ticket votes for the office
995	995	2 shall not be counted. The straight party ticket votes for other offices on
996	996	3 the voter's ballot shall be counted.
997	997	4 (f) If a voter votes a straight party ticket for more than one (1)
998	998	5 political party, the whole ballot is void with regard to all candidates
999	999	6 nominated by a political party, declared write-in candidates, or
1000	1000	7 candidates designated as independent candidates on the ballot.
1001	1001	8 However, the voter's vote for a school board candidate or on a public
1002	1002	9 question shall be counted if otherwise valid under this chapter.
1003	1003	10 (g) (a) If a voter does not vote a straight party ticket and the number
1004	1004	11 of votes cast by that a voter for the candidates for an office are less
1005	1005	12 than or equal to the number of openings for that office, the individual
1006	1006	13 candidates votes shall be counted.
1007	1007	14 (h) (b) If a voter does not vote a straight party ticket and the number
1008	1008	15 of votes cast by that a voter for an office exceeds the number of
1009	1009	16 openings for that office, none of the votes concerning that office may
1010	1010	17 be counted.
1011	1011	18 SECTION 22. IC 3-12-1-7.5, AS AMENDED BY P.L.21-2016,
1012	1012	19 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1013	1013	20 JANUARY 1, 2024]: Sec. 7.5. (a) If a voter votes for one (1) individual
1014	1014	21 candidate for an office for which only one (1) person may be elected
1015	1015	22 and also writes in the name of another candidate for the same office,
1016	1016	23 neither vote may be counted.
1017	1017	24 (b) If a voter votes for at least one (1) individual candidate for an
1018	1018	25 office for which at least two (2) people may be elected and also writes
1019	1019	26 in the name of at least one (1) candidate, the vote for that office may
1020	1020	27 not be counted unless the number of individual votes cast for the office,
1021	1021	28 when added to the number of write-in votes cast for that office, is less
1022	1022	29 than or equal to the number of seats available for that office.
1023	1023	30 (c) If a voter votes an individual or a straight party vote for a
1024	1024	31 candidate for an office and also writes in the name of the same
1025	1025	32 candidate for the same office, only one (1) vote for that candidate may
1026	1026	33 be counted.
1027	1027	34 SECTION 23. IC 3-12-1-8 IS REPEALED [EFFECTIVE
1028	1028	35 JANUARY 1, 2024]. Sec. 8. (a) Except as provided in subsection (b),
1029	1029	36 a voting mark made by a voter on or in a circle containing a political
1030	1030	37 party device shall be counted as a vote for each candidate of that
1031	1031	38 political party on that ballot.
1032	1032	39 (b) A voter who wishes to cast a ballot for a candidate for election
1033	1033	40 to an at-large district to which more than one (1) person may be elected
1034	1034	41 on a:
1035	1035	42 (1) county council;
1036	1036	2023 IN 1183—LS 7420/DI 75 25
1037	1037	1 (2) city common council;
1038	1038	2 (3) town council; or
1039	1039	3 (4) township board;
1040	1040	4 must make a voting mark for each individual candidate for whom the
1041	1041	5 voter wishes to cast a vote. A voting mark on or in a circle containing
1042	1042	6 a political party device shall not be counted as a straight party ticket
1043	1043	7 voting mark as a vote for any candidate for an office described by this
1044	1044	8 subsection.
1045	1045	9 SECTION 24. IC 3-12-1-14 IS AMENDED TO READ AS
1046	1046	10 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 14. (a) This
1047	1047	11 section does not apply to a vote
1048	1048	12 (1) cast for President or Vice President of the United States under
1049	1049	13 IC 3-10-4-6. or
1050	1050	14 (2) described by section 15 of this chapter.
1051	1051	15 (b) A vote cast for a candidate who ceases to be a candidate may not
1052	1052	16 be counted as a vote for a successor candidate selected under IC 3-13-1
1053	1053	17 or IC 3-13-2.
1054	1054	18 SECTION 25. IC 3-12-1-15 IS REPEALED [EFFECTIVE
1055	1055	19 JANUARY 1, 2024]. Sec. 15. (a) This section does not apply to a
1056	1056	20 candidate for an at-large office of a county council, city common
1057	1057	21 council, town council, or township board, if those offices appear on a
1058	1058	22 ballot.
1059	1059	23 (b) This section applies to a vote cast for one (1) straight party ticket
1060	1060	24 that includes a candidate for election to office who:
1061	1061	25 (1) ceases to be a candidate; and
1062	1062	26 (2) is succeeded by a candidate selected under IC 3-13-1 or
1063	1063	27 IC 3-13-2.
1064	1064	28 (c) A vote cast in the election for the original nominee is considered
1065	1065	29 a vote cast for the successor.
1066	1066	2023 IN 1183—LS 7420/DI 75