First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1334
AN ACT to amend the Indiana Code concerning elections.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 3-11-4-2, AS AMENDED BY THE TECHNICAL
CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:
Sec. 2. (a) A voter who wants to vote by absentee ballot must apply to
the county election board for an official absentee ballot. Except as
provided in subsection (b), the voter must sign the absentee ballot
application.
(b) If a voter with disabilities is unable to sign the absentee ballot
application and the voter has not designated an individual to serve as
attorney in fact for the voter, the voter may designate an individual
eligible to assist the voter under IC 3-11-9-2(a) to sign the application
on behalf of the voter and add the individual's name to the application.
If an individual applies for an absentee ballot as the properly
authorized attorney in fact for a voter, the attorney in fact must attach
a copy of the power of attorney to the application and comply with
subsection (d).
(c) A person may provide an individual with an application for an
absentee ballot with the following information already printed or
otherwise set forth on the application when provided to the individual:
(1) The name of the individual.
(2) The voter registration address of the individual.
(3) The mailing address of the individual.
(4) The date of birth of the individual.
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(d) A person may not provide an individual with an application for
an absentee ballot with the following information already printed or
otherwise set forth on the application when provided to the individual:
(1) The address to which the absentee ballot would be mailed, if
different from the voter registration address of the individual.
(2) In a primary election, the major political party ballot requested
by the individual.
(3) In a primary or general election, the types of absentee ballots
requested by the individual.
(4) The reason why the individual is entitled to vote an absentee
ballot:
(A) by mail; or
(B) before an absentee voter board (other than an absentee
voter board located in the office of the circuit court clerk or a
satellite office);
in accordance with IC 3-11-4-18, section 18 of this chapter,
IC 3-11-10-24, or IC 3-11-10-25.
(5) The voter identification number of the individual.
(e) If the county election board determines that an absentee ballot
application does not comply with subsection (d), the board shall deny
the application under section 17.5 of this chapter implement the
procedures prescribed by section 17.6 of this chapter.
(f) The following statement must be printed in at least 16 point font
size, underlined, and clearly legible print on the envelope of an
absentee ballot application that a person sends to an individual:
"(Name of person sending the absentee ballot application) has
sent you the enclosed application. This is unsolicited and is not
sent by a state or local elections election official.".
(g) This subsection:
(1) applies only to an application to be mailed to an
individual; and
(2) does not apply to an application provided to an individual
online.
An agency of the state or a political subdivision may not provide an
individual with an absentee ballot application unless requested by
the individual or a member of the individual's family listed in
IC 3-6-6-7(a)(4).
(h) An absentee ballot application must request that the
individual include:
(1) on the individual's ballot application:
(A) either:
(i) the individual's ten (10) digit Indiana driver's license
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number issued under IC 9-24-11;
(ii) the individual's ten (10) digit Indiana identification
card number for nondrivers issued under IC 9-24-16; or
(iii) the unique identifying number assigned to the
voter's registration record in the computerized list; and
(B) the last four (4) digits of the voter's Social Security
number; or
(2) with the individual's ballot application, a photocopy of:
(A) the individual's:
(i) driver's license issued under IC 9-24; or
(ii) Indiana identification card for nondrivers issued
under IC 9-24-16; or
(B) other proof of identification for the individual under
IC 3-5-2-40.5.
Information and documentation described by this subsection that
is included on or with an individual's ballot application is
confidential. A county voter registration office is only required to
redact the confidential information in responding to a public
records request under IC 5-14-3. The application form must state
that an applicant may include only one (1) of the numbers under
subdivision (1) or one (1) of the documents under subdivision (2),
but the application may be delayed if the county election board
cannot match at least one (1) of the numbers described in this
subsection with the voter's registration record.
(g) (i) This subsection applies only to an absentee ballot application
submitted in an electronic format using a module of the computerized
list under IC 3-7-26.3. In order for an individual to access the absentee
ballot application, the individual shall provide either one (1) of the
following:
(1) The individual's ten (10) digit Indiana driver's license number
issued under IC 9-24-11.
(2) The individual's ten (10) digit Indiana identification card
number for nondrivers issued under IC 9-24-16.
(3) The unique identifying number assigned to the voter's
registration record in the computerized list.
(2) (4) The last four (4) digits of the individual's Social Security
number.
Information described by subdivisions (1) through (4) that is
provided by an individual under this subsection is confidential. A
county voter registration office is only required to redact the
confidential information in responding to a public records request
under IC 5-14-3.
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(j) The county election board shall implement the procedures
prescribed by section 17.6 of this chapter if the county election
board cannot match at least one (1) of the numbers described in
subsection (h) or (i) with the voter's registration record.
(h) (k) A person who assists an individual in completing any
information described in subsection (d) on an absentee ballot
application shall state under the penalties for perjury the following
information on the application:
(1) The full name, residence and mailing address, and daytime
and evening telephone numbers (if any) of the person providing
the assistance.
(2) The date this assistance was provided.
(3) That the person providing the assistance has complied with
Indiana laws governing the submission of absentee ballot
applications.
(4) That the person has no knowledge or reason to believe that the
individual submitting the application:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
When providing assistance to an individual, the person must, in the
individual's presence and with the individual's consent, provide the
information listed in subsection (d) if the individual is unable to do so.
(i) (l) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal Service
or a bonded courier company. A person who receives a completed
absentee ballot application from the individual who has applied for the
absentee ballot shall indicate on the application the date the person
received the application, and file the application with the appropriate
county election board or election division not later than:
(1) noon ten (10) days after the person receives the application;
or
(2) the deadline set by Indiana law for filing the application with
the board;
whichever occurs first. The election division, a county election board,
or a board of elections and registration shall forward an absentee ballot
application to the county election board or board of elections and
registration of the county where the individual resides.
(j) (m) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal Service
or a bonded courier company, or to the election division, a county
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election board, or a board of elections and registration. A person filing
an absentee ballot application, other than the person's own absentee
ballot application, must include an affidavit with the application. The
affidavit must be signed by the individual who received the completed
application from the applicant. The affidavit must be in a form
prescribed by the election division. The form must include the
following:
(1) A statement of the full name, residence and mailing address,
and daytime and evening telephone numbers (if any) of the person
submitting the application.
(2) A statement that the person filing the affidavit has complied
with Indiana laws governing the submission of absentee ballot
applications.
(3) The date (or dates) that the absentee ballot applications
attached to the affidavit were received.
(4) A statement that the person has no knowledge or reason to
believe that the individual whose application is to be filed:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(5) A statement that the person is executing the affidavit under the
penalties of perjury.
(6) A statement setting forth the penalties for perjury.
(k) (n) The county election board shall record the date and time of
the filing of the affidavit.
SECTION 2. IC 3-11-4-2.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 2.2. (a) Each day the bureau of motor vehicles shall
provide to the secretary of state and the election division:
(1) driver's license numbers;
(2) identification card numbers; and
(3) the last four (4) digits of a Social Security number;
for the purpose of matching these numbers to voter registration
records in the statewide voter registration system. The secretary of
state and the election division shall provide this information to
each county voter registration office through a module of the
computerized list.
(b) At the time it provides the information under subsection (a),
the bureau of motor vehicles shall inform the secretary of state and
the election division whether an individual identified by one (1) of
the numbers listed in subsection (a)(1) through (a)(3) is associated
with a temporary credential issued under IC 9-24-11-5(c) or
IC 9-24-16-3(f). The secretary of state and the election division
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shall provide this information to each county voter registration
office through a module of the computerized list. Information
provided under this subsection shall be kept confidential.
(c) If the bureau of motor vehicles provides a driver's license
number, an identification card number, or the last four (4) digits
of a Social Security number under subsection (a) that is not a part
of the voter's registration record, the county voter registration
office shall update the voter's registration record to include this
information.
(d) Information provided under subsection (a) shall be kept
confidential and may only be used for the purposes described in
subsection (a). A county voter registration office is only required
to redact the confidential information in responding to a public
records request under IC 5-14-3.
SECTION 3. IC 3-11-4-3, AS AMENDED BY P.L.131-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (c) and
section 6 of this chapter, an application for an absentee ballot must be
received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
or IC 3-6-5.6, the director of the board of elections and registration) not
earlier than the date the registration period resumes under IC 3-7-13-10
nor later than the following:
(1) Noon on election day if the voter registers to vote under
IC 3-7-36-14.
(2) Noon on the day before election day if the voter:
(A) completes the application in the office of the circuit court
clerk under IC 3-11-10-26; or
(B) is an absent uniformed services voter or overseas voter
who requests that the ballot be transmitted by electronic mail
or fax under section 6(h) of this chapter.
(3) Noon on the day before election day if:
(A) the application is a mailed, transmitted by electronic mail
or fax, or hand delivered application from a confined voter or
voter caring for a confined person; and
(B) the applicant requests that the absentee ballots be
delivered to the applicant by an absentee voter board under
IC 3-11-10-25.
(4) 11:59 p.m. twelve (12) days before election day if the
application is:
(A) a mailed application;
(B) transmitted by electronic mail;
(C) transmitted by fax; or
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(D) hand delivered;
from other voters who request to vote by mail under
IC 3-11-10-24 or for a voter with print disabilities to vote by
electronic mail or fax under section 6(h) of this chapter.
(b) An application for an absentee ballot received by the election
division by the time and date specified by subsection (a)(2)(B), (a)(3),
or (a)(4) is considered to have been timely received for purposes of
processing by the county. The election division shall immediately
transmit the application to the circuit court clerk, or the director of the
board of elections and registration, of the county where the applicant
resides. The election division is not required to complete or file the
affidavit required under section 2(j) 2(m) of this chapter whenever the
election division transmits an application under this subsection.
(c) An application for an absentee ballot for the election may not be
received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
or IC 3-6-5.6, the director of the board of elections and registration)
earlier than December 1 of the year before the election.
SECTION 4. IC 3-11-4-5.1, AS AMENDED BY P.L.115-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5.1. (a) The election division shall prescribe the
form of an application for an absentee ballot.
(b) This subsection does not apply to the form for an absentee ballot
application to be submitted by an absent uniformed services voter or
overseas voter that contains a standardized oath for those voters. The
form of the application for an absentee ballot must do all of the
following:
(1) Require the applicant to swear to or affirm under the penalties
of perjury that all of the information set forth on the application
is true to the best of the applicant's knowledge and belief.
(2) Require a person who assisted with the completion of the
application to swear to or affirm under the penalties of perjury the
statements set forth in section 2(h) 2(k) of this chapter.
(3) Serve as a verified statement for a voter to indicate a change
of name under IC 3-7-41. The form must require the applicant to
indicate the applicant's previous name.
(4) Set forth the penalties for perjury.
(c) The form prescribed by the election division shall require that a
voter who:
(1) requests an absentee ballot; and
(2) is eligible to vote in the precinct under IC 3-10-11 or
IC 3-10-12;
must include the affidavit required by IC 3-10-11 or a written
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affirmation described in IC 3-10-12.
(d) The election division shall approve absentee ballot application
forms that comply with this subsection and section 2(i) 2 of this chapter
and permit the applicant to indicate a change of name under subsection
(b). The form prescribed by the election division must request that a
voter who requests an absentee ballot:
(1) provide the last four (4) digits of the voter's Social Security
number; or
(2) state that the voter does not have a Social Security number.
The form must indicate that the voter's compliance with this request is
optional.
(e) An application form submitted by a voter must comply with
subsection (d).
(f) (e) The form prescribed by the election division must include a
statement that permits an applicant to indicate whether:
(1) the applicant has been certified and is currently a participant
in the address confidentiality program under IC 5-26.5-2; and
(2) the applicant's legal address is the address set forth in the
applicant's voter registration.
If the applicant confirms these statements, the applicant may indicate
the address of the office of the attorney general as the address to which
the absentee ballot is to be mailed.
(g) (f) This subsection applies to an application to receive an
absentee ballot:
(1) by mail under IC 3-11-10-24; or
(2) in the form of an application to vote before an absentee voter
board under IC 3-11-10-25 at the voter's place of confinement or
the residence of the voter.
If the voter wishes to submit an application under this section in an
electronic format using a module of the statewide voter registration
system, the voter must include a telephone number at which the voter
can be reached to submit the application.
(h) (g) The application form for an absentee ballot must enable the
applicant to provide the applicant's electronic mail address. However,
an applicant's failure to provide an electronic mail address is not a
reason for denial of the absentee ballot application.
SECTION 5. IC 3-11-4-17, AS AMENDED BY P.L.13-2013,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 17. Upon receipt of an application for an absentee
ballot, a circuit court clerk shall file the application in the clerk's office
and record all of the following in the statewide voter registration list
maintained under IC 3-7-26.3:
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(1) The voter's name.
(2) The date the application is received.
(3) The information provided by the voter under section 5.1(d) 5.1
of this chapter.
(4) The date the ballot is sent to the voter.
(5) If mailed, the address to which the ballot is sent.
(6) If transmitted by fax, the fax number to which the ballot is
faxed.
(7) The date the ballot is marked before the clerk or otherwise
received from the voter.
(8) The combined total number of absentee ballots sent by the
county to absent uniformed services voters and overseas voters.
(9) The total number of absentee ballots returned by voters
described in subdivision (8) in time to be counted.
(10) The total number of absentee ballots described in subdivision
(8) that were counted in whole or in part.
(11) Any other information that is necessary or advisable.
SECTION 6. IC 3-11-4-17.5, AS AMENDED BY P.L.193-2021,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 17.5. (a) Upon receiving an application for an
absentee ballot, the county election board (or the absentee voter board
in the office of the circuit court clerk) shall determine if:
(1) the applicant is a voter of the precinct in which the applicant
resides, according to the records of the county voter registration
office;
(2) the information set forth on the application appears to be true;
(3) the signature of the voter on the application substantially
conforms with the signature of the voter on the voter registration
record, or that any substantial difference between the signatures
can be accounted for by age or disability of the voter or the
execution of the affidavit by an individual acting under section
2(b) of this chapter; and
(4) the application has been completed and filed in accordance
with Indiana and federal law.
If the members of the absentee voter board are unable to agree about
any of the determinations described in subdivisions (1) through (4), the
issue shall be referred to the county election board for determination.
If the application is submitted by a voter wanting to cast an absentee
ballot under IC 3-11-10-26, IC 3-11-10-26.2, or IC 3-11-10-26.3, the
voter shall be permitted to cast a provisional ballot, which the county
election board shall retain.
(b) If:
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(1) the applicant is not a voter of the precinct according to the
registration record; or
(2) the application as completed and filed:
(A) contains a false statement; or
(B) does not otherwise comply with Indiana or federal law;
as alleged under section 18.5 of this chapter, the county election board
shall deny the application.
(c) A voter's failure to provide the information requested under
section 5.1(d) 5.1 of this chapter does not affect a voter's ability to
receive an absentee ballot. A county election board may not deny an
application because the voter has not provided the information
requested under section 5.1(d) 5.1 of this chapter as a part of the voter's
application for an absentee ballot. The county election board shall
implement the procedures prescribed by section 17.6 of this
chapter if the voter fails to provide the information requested
under section 5.1 of this chapter.
(d) If the application is denied, the county election board shall
provide the voter with the reasons for the denial of the application.
Unless the voter is present when the board denies the application, the
board shall send a written notice stating the reasons for the denial to the
voter. The notice must be sent:
(1) not later than forty-eight (48) hours after the application is
denied; and
(2) to the voter:
(A) at the address at which the voter requested that the
absentee ballot be mailed;
(B) to the voter's electronic mail address, if the voter has
provided an electronic mail address on the voter's absentee
ballot application; or
(C) by personal delivery of the notice.
(e) If the county election board determines that the applicant is a
voter of the precinct under subsection (a), the board shall then
determine whether:
(1) the applicant was required to file any additional
documentation under IC 3-7-33-4.5; and
(2) the applicant has filed this documentation according to the
records of the county voter registration office.
If the applicant has not filed the required documentation, the county
election board shall approve the application if the application otherwise
complies with this chapter. The board shall add a notation to the
application and to the record compiled under section 17 of this chapter
indicating that the applicant will be required to provide additional
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documentation to the county voter registration office under
IC 3-7-33-4.5 before the absentee ballot may be counted.
(f) If the applicant:
(1) is a voter of the precinct according to the registration record;
and
(2) states on the application that the applicant resides at an
address that is within the same precinct but is not the same
address shown on the registration record;
the county election board shall direct the county voter registration
office to transfer the applicant's voter registration address to the
address within the precinct shown on the application. The applicant's
application for an absentee ballot shall be approved if the applicant is
otherwise eligible to receive the ballot under this chapter.
SECTION 7. IC 3-11-4-17.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 17.6. (a) For purposes of this section, "clerk" means:
(1) the circuit court clerk; or
(2) in a county subject to IC 3-6-5.2 or IC 3-6-5.6, the director
of the board of elections and registration.
(b) This subsection applies to an application to receive an
absentee ballot by mail under IC 3-11-10-24 that is received by the
clerk more than twelve (12) days before election day. If the clerk
determines that the application does not fully comply with the
requirements of this title, the clerk shall transmit the following to
the applicant:
(1) An application for an absentee ballot.
(2) A written notice prescribed by the election division under
IC 3-5-4-8 that includes:
(A) a brief explanation of each defect in the noncompliant
application;
(B) a statement informing the voter that the voter is not
entitled to vote before election day by absentee ballot
unless the application complies with all legal requirements;
and
(C) instructions for submitting a second application for an
absentee ballot.
(c) This subsection applies to an application to receive an
absentee ballot by mail under IC 3-11-10-24 that is received by the
clerk:
(1) after 11:59 p.m. twelve (12) days before election day; and
(2) before noon on the day before election day.
If the clerk determines that the application does not fully comply
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with the requirements of this title, the clerk shall transmit to the
applicant a written notice that includes the information described
by subsection (b)(2)(A) through (b)(2)(B). If applicable, the notice
must also include a statement that the application was late.
(d) This subsection applies to a voter who submits a defective
application to receive an absentee ballot that is received by the
clerk before the deadline for receipt of absentee ballots under
section 3 of this chapter. Notwithstanding the requirement under
IC 3-11-10-25(e) for prior unanimous approval by the county
election board, the clerk may:
(1) deliver a second absentee application in person to a voter
described by this subsection;
(2) approve the second absentee application if the clerk
determines that each defect in the first absentee application
has been corrected; and
(3) if accompanied by an absentee voter board, provide the
absentee ballot to the voter.
(e) After receiving the ballot under subsection (d), the voter may
return the voted absentee ballot:
(1) in person to the absentee voter board; or
(2) to the county election board;
before the deadline for receipt of absentee ballots under
IC 3-11.5-4-10.
(f) If a clerk uses the procedure described in subsection (d), the
procedure must be applied uniformly to all applications covered by
subsection (d).
HEA 1334 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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