Indiana 2023 Regular Session

Indiana House Bill HB1505 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. 1505
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-6-4.1-14; IC 3-11; IC 3-12-15;
7	7	IC 10-14-3-12.
8	8	Synopsis: Elections matters. Prohibits the Indiana election
9	9	commission from doing any of the following: (1) Instituting, increasing,
10	10	or expanding vote by mail or absentee vote by mail. (2) Changing the
11	11	time, place, or manner of holding an election. Prohibits a person from
12	12	providing an absentee ballot application to an individual with the
13	13	individual's driver's license number, identification card number, unique
14	14	identifying number assigned to the voter's registration record, or last
15	15	four digits of the individual's Social Security number already printed
16	16	on the form. Requires an applicant for an absentee ballot application to
17	17	include: (1) the applicant's driver's license number or identification
18	18	card number; and (2) a photocopy of the document from which the
19	19	applicant provides the license number or identification card number.
20	20	Requires the secretary of state to conduct an audit of all computer
21	21	equipment used at each general election, beginning with the 2022
22	22	general election. Prohibits the governor from changing, during a
23	23	declared disaster emergency, the time, place, or manner of holding an
24	24	election. Makes conforming changes.
25	25	Effective: Upon passage; July 1, 2023.
26	26	Speedy
27	27	January 17, 2023, read first time and referred to Committee on Elections and
28	28	Apportionment.
29	29	2023 IN 1505—LS 7231/DI 144 Introduced
30	30	First Regular Session of the 123rd General Assembly (2023)
31	31	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
32	32	Constitution) is being amended, the text of the existing provision will appear in this style type,
33	33	additions will appear in this style type, and deletions will appear in this style type.
34	34	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
35	35	provision adopted), the text of the new provision will appear in this style type. Also, the
36	36	word NEW will appear in that style type in the introductory clause of each SECTION that adds
37	37	a new provision to the Indiana Code or the Indiana Constitution.
38	38	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
39	39	between statutes enacted by the 2022 Regular Session of the General Assembly.
40	40	HOUSE BILL No. 1505
41	41	A BILL FOR AN ACT to amend the Indiana Code concerning
42	42	elections.
43	43	Be it enacted by the General Assembly of the State of Indiana:
44	44	1 SECTION 1. IC 3-6-4.1-14, AS AMENDED BY P.L.169-2015,
45	45	2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46	46	3 JULY 1, 2023]: Sec. 14. (a) In addition to other duties prescribed by
47	47	4 law, the commission shall do the following:
48	48	5 (1) Administer Indiana election laws.
49	49	6 (2) Adopt rules under IC 4-22-2 to do the following:
50	50	7 (A) Govern the fair, legal, and orderly conduct of elections,
51	51	8 including the following:
52	52	9 (i) Emergency rules described in section 16 of this chapter
53	53	10 to implement a court order requiring the commission, the
54	54	11 election division, or an election board or official to
55	55	12 administer an election in a manner not authorized by this
56	56	13 title.
57	57	14 (ii) Rules (including joint rules with other agencies when
58	58	15 necessary) to implement and administer NVRA.
59	59	16 (B) Carry out IC 3-9 (campaign finance).
60	60	17 (C) Govern the establishment of precincts under IC 3-11-1.5.
61	61	2023 IN 1505—LS 7231/DI 144 2
62	62	1 (D) Specify procedures and fees for the processing of an
63	63	2 application from a vendor for voting systems approval and
64	64	3 testing.
65	65	4 (3) Advise and exercise supervision over local election and
66	66	5 registration officers.
67	67	6 (b) As used in this subsection, "manner of holding an election"
68	68	7 refers to the procedure of voting and not the administrative
69	69	8 function of the commission. The commission may not do the
70	70	9 following:
71	71	10 (1) Institute, increase, or expand vote by mail or absentee vote
72	72	11 by mail.
73	73	12 (2) Change the time, place, or manner of holding an election.
74	74	13 (b) (c) This section does not divest a county election board of any
75	75	14 powers and duties imposed on the board in IC 3-6-5, except that if
76	76	15 there is a deadlock on a county election board, the county election
77	77	16 board shall submit the question to the commission for final
78	78	17 determination.
79	79	18 SECTION 2. IC 3-11-4-2, AS AMENDED BY THE TECHNICAL
80	80	19 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
81	81	20 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:
82	82	21 Sec. 2. (a) A voter who wants to vote by absentee ballot must apply to
83	83	22 the county election board for an official absentee ballot. Except as
84	84	23 provided in subsection (b), the voter must sign the absentee ballot
85	85	24 application.
86	86	25 (b) If a voter with disabilities is unable to sign the absentee ballot
87	87	26 application and the voter has not designated an individual to serve as
88	88	27 attorney in fact for the voter, the voter may designate an individual
89	89	28 eligible to assist the voter under IC 3-11-9-2(a) to sign the application
90	90	29 on behalf of the voter and add the individual's name to the application.
91	91	30 If an individual applies for an absentee ballot as the properly
92	92	31 authorized attorney in fact for a voter, the attorney in fact must attach
93	93	32 a copy of the power of attorney to the application and comply with
94	94	33 subsection (d).
95	95	34 (c) A person may provide an individual with an application for an
96	96	35 absentee ballot with the following information already printed or
97	97	36 otherwise set forth on the application when provided to the individual:
98	98	37 (1) The name of the individual.
99	99	38 (2) The voter registration address of the individual.
100	100	39 (3) The mailing address of the individual.
101	101	40 (4) The date of birth of the individual.
102	102	41 (d) A person may not provide an individual with an application for
103	103	42 an absentee ballot with the following information already printed or
104	104	2023 IN 1505—LS 7231/DI 144 3
105	105	1 otherwise set forth on the application when provided to the individual:
106	106	2 (1) The address to which the absentee ballot would be mailed, if
107	107	3 different from the voter registration address of the individual.
108	108	4 (2) In a primary election, the major political party ballot requested
109	109	5 by the individual.
110	110	6 (3) In a primary or general election, the types of absentee ballots
111	111	7 requested by the individual.
112	112	8 (4) The reason why the individual is entitled to vote an absentee
113	113	9 ballot:
114	114	10 (A) by mail; or
115	115	11 (B) before an absentee voter board (other than an absentee
116	116	12 voter board located in the office of the circuit court clerk or a
117	117	13 satellite office);
118	118	14 in accordance with IC 3-11-4-18, section 18 of this chapter,
119	119	15 IC 3-11-10-24, or IC 3-11-10-25.
120	120	16 (5) The voter identification number of the individual. Any of the
121	121	17 following information relating to the individual:
122	122	18 (A) The individual's ten (10) digit Indiana driver's license
123	123	19 number issued under IC 9-24-11.
124	124	20 (B) The individual's ten (10) digit Indiana identification
125	125	21 card number for nondrivers issued under IC 9-24-16.
126	126	22 (C) The unique identifying number assigned to the voter's
127	127	23 registration record in the computerized list.
128	128	24 (D) The last four (4) digits of the individual's Social
129	129	25 Security number.
130	130	26 (e) If the county election board determines that an absentee ballot
131	131	27 application does not comply with subsection (d), the board shall deny
132	132	28 the application under section 17.5 of this chapter.
133	133	29 (f) The following statement must be printed in at least 16 point font
134	134	30 size, underlined, and clearly legible print on the envelope of an
135	135	31 absentee ballot application that a person sends to an individual:
136	136	32 "(Name of person sending the absentee ballot application) has
137	137	33 sent you the enclosed application. This is unsolicited and is not
138	138	34 sent by a state or local elections election official.".
139	139	35 (g) An individual shall include the following information
140	140	36 described in both subdivisions (1) and (2) with the individual's
141	141	37 absentee ballot application:
142	142	38 (1) Either of the following:
143	143	39 (A) The individual's ten (10) digit Indiana driver's license
144	144	40 number issued under IC 9-24-11.
145	145	41 (B) The individual's ten (10) digit Indiana identification
146	146	42 card number for nondrivers issued under IC 9-24-16.
147	147	2023 IN 1505—LS 7231/DI 144 4
148	148	1 (2) A photocopy of the document from which the individual
149	149	2 provides the information under subdivision (1). If the
150	150	3 individual applies for an absentee ballot online, the individual
151	151	4 must upload an image of the document.
152	152	5 (h) The county election board shall deny any absentee ballot
153	153	6 application if the individual does not include either or both of the
154	154	7 pieces of information described in subsection (g).
155	155	8 (g) (i) This subsection applies only to an absentee ballot application
156	156	9 submitted in an electronic format using a module of the computerized
157	157	10 list under IC 3-7-26.3. In order for an individual to access the absentee
158	158	11 ballot application, the individual shall provide either of the following:
159	159	12 (1) The individual's ten (10) digit Indiana driver's license number.
160	160	13 (2) The last four (4) digits of the individual's Social Security
161	161	14 number.
162	162	15 (h) (j) A person who assists an individual in completing any
163	163	16 information described in subsection (d) on an absentee ballot
164	164	17 application shall state under the penalties for perjury the following
165	165	18 information on the application:
166	166	19 (1) The full name, residence and mailing address, and daytime
167	167	20 and evening telephone numbers (if any) of the person providing
168	168	21 the assistance.
169	169	22 (2) The date this assistance was provided.
170	170	23 (3) That the person providing the assistance has complied with
171	171	24 Indiana laws governing the submission of absentee ballot
172	172	25 applications.
173	173	26 (4) That the person has no knowledge or reason to believe that the
174	174	27 individual submitting the application:
175	175	28 (A) is ineligible to vote or to cast an absentee ballot; or
176	176	29 (B) did not properly complete and sign the application.
177	177	30 When providing assistance to an individual, the person must, in the
178	178	31 individual's presence and with the individual's consent, provide the
179	179	32 information listed in subsection (d) if the individual is unable to do so.
180	180	33 (i) (k) This subsection does not apply to an employee of the United
181	181	34 States Postal Service or a bonded courier company acting in the
182	182	35 individual's capacity as an employee of the United States Postal Service
183	183	36 or a bonded courier company. A person who receives a completed
184	184	37 absentee ballot application from the individual who has applied for the
185	185	38 absentee ballot shall indicate on the application the date the person
186	186	39 received the application, and file the application with the appropriate
187	187	40 county election board or election division not later than:
188	188	41 (1) noon ten (10) days after the person receives the application;
189	189	42 or
190	190	2023 IN 1505—LS 7231/DI 144 5
191	191	1 (2) the deadline set by Indiana law for filing the application with
192	192	2 the board;
193	193	3 whichever occurs first. The election division, a county election board,
194	194	4 or a board of elections and registration shall forward an absentee ballot
195	195	5 application to the county election board or board of elections and
196	196	6 registration of the county where the individual resides.
197	197	7 (j) (l) This subsection does not apply to an employee of the United
198	198	8 States Postal Service or a bonded courier company acting in the
199	199	9 individual's capacity as an employee of the United States Postal Service
200	200	10 or a bonded courier company, or to the election division, a county
201	201	11 election board, or a board of elections and registration. A person filing
202	202	12 an absentee ballot application, other than the person's own absentee
203	203	13 ballot application, must include an affidavit with the application. The
204	204	14 affidavit must be signed by the individual who received the completed
205	205	15 application from the applicant. The affidavit must be in a form
206	206	16 prescribed by the election division. The form must include the
207	207	17 following:
208	208	18 (1) A statement of the full name, residence and mailing address,
209	209	19 and daytime and evening telephone numbers (if any) of the person
210	210	20 submitting the application.
211	211	21 (2) A statement that the person filing the affidavit has complied
212	212	22 with Indiana laws governing the submission of absentee ballot
213	213	23 applications.
214	214	24 (3) The date (or dates) that the absentee ballot applications
215	215	25 attached to the affidavit were received.
216	216	26 (4) A statement that the person has no knowledge or reason to
217	217	27 believe that the individual whose application is to be filed:
218	218	28 (A) is ineligible to vote or to cast an absentee ballot; or
219	219	29 (B) did not properly complete and sign the application.
220	220	30 (5) A statement that the person is executing the affidavit under the
221	221	31 penalties of perjury.
222	222	32 (6) A statement setting forth the penalties for perjury.
223	223	33 (k) (m) The county election board shall record the date and time of
224	224	34 the filing of the affidavit.
225	225	35 SECTION 3. IC 3-11-4-3, AS AMENDED BY P.L.131-2022,
226	226	36 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
227	227	37 JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (c) and
228	228	38 section 6 of this chapter, an application for an absentee ballot must be
229	229	39 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
230	230	40 or IC 3-6-5.6, the director of the board of elections and registration) not
231	231	41 earlier than the date the registration period resumes under IC 3-7-13-10
232	232	42 nor later than the following:
233	233	2023 IN 1505—LS 7231/DI 144 6
234	234	1 (1) Noon on election day if the voter registers to vote under
235	235	2 IC 3-7-36-14.
236	236	3 (2) Noon on the day before election day if the voter:
237	237	4 (A) completes the application in the office of the circuit court
238	238	5 clerk under IC 3-11-10-26; or
239	239	6 (B) is an absent uniformed services voter or overseas voter
240	240	7 who requests that the ballot be transmitted by electronic mail
241	241	8 or fax under section 6(h) of this chapter.
242	242	9 (3) Noon on the day before election day if:
243	243	10 (A) the application is a mailed, transmitted by electronic mail
244	244	11 or fax, or hand delivered application from a confined voter or
245	245	12 voter caring for a confined person; and
246	246	13 (B) the applicant requests that the absentee ballots be
247	247	14 delivered to the applicant by an absentee voter board under
248	248	15 IC 3-11-10-25.
249	249	16 (4) 11:59 p.m. twelve (12) days before election day if the
250	250	17 application is:
251	251	18 (A) a mailed application;
252	252	19 (B) transmitted by electronic mail;
253	253	20 (C) transmitted by fax; or
254	254	21 (D) hand delivered;
255	255	22 from other voters who request to vote by mail under
256	256	23 IC 3-11-10-24 or for a voter with print disabilities to vote by
257	257	24 electronic mail or fax under section 6(h) of this chapter.
258	258	25 (b) An application for an absentee ballot received by the election
259	259	26 division by the time and date specified by subsection (a)(2)(B), (a)(3),
260	260	27 or (a)(4) is considered to have been timely received for purposes of
261	261	28 processing by the county. The election division shall immediately
262	262	29 transmit the application to the circuit court clerk, or the director of the
263	263	30 board of elections and registration, of the county where the applicant
264	264	31 resides. The election division is not required to complete or file the
265	265	32 affidavit required under section 2(j) 2(l) of this chapter whenever the
266	266	33 election division transmits an application under this subsection.
267	267	34 (c) An application for an absentee ballot for the election may not be
268	268	35 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
269	269	36 or IC 3-6-5.6, the director of the board of elections and registration)
270	270	37 earlier than December 1 of the year before the election.
271	271	38 SECTION 4. IC 3-11-4-5.1, AS AMENDED BY P.L.115-2022,
272	272	39 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
273	273	40 JULY 1, 2023]: Sec. 5.1. (a) The election division shall prescribe the
274	274	41 form of an application for an absentee ballot.
275	275	42 (b) This subsection does not apply to the form for an absentee ballot
276	276	2023 IN 1505—LS 7231/DI 144 7
277	277	1 application to be submitted by an absent uniformed services voter or
278	278	2 overseas voter that contains a standardized oath for those voters. The
279	279	3 form of the application for an absentee ballot must do all of the
280	280	4 following:
281	281	5 (1) Require the applicant to swear to or affirm under the penalties
282	282	6 of perjury that all of the information set forth on the application
283	283	7 is true to the best of the applicant's knowledge and belief.
284	284	8 (2) Require a person who assisted with the completion of the
285	285	9 application to swear to or affirm under the penalties of perjury the
286	286	10 statements set forth in section 2(h) 2(j) of this chapter.
287	287	11 (3) Serve as a verified statement for a voter to indicate a change
288	288	12 of name under IC 3-7-41. The form must require the applicant to
289	289	13 indicate the applicant's previous name.
290	290	14 (4) Set forth the penalties for perjury.
291	291	15 (c) The form prescribed by the election division shall require that a
292	292	16 voter who:
293	293	17 (1) requests an absentee ballot; and
294	294	18 (2) is eligible to vote in the precinct under IC 3-10-11 or
295	295	19 IC 3-10-12;
296	296	20 must include the affidavit required by IC 3-10-11 or a written
297	297	21 affirmation described in IC 3-10-12.
298	298	22 (d) The election division shall approve absentee ballot application
299	299	23 forms that comply with this subsection and section 2(i) 2(k) of this
300	300	24 chapter and permit the applicant to indicate a change of name under
301	301	25 subsection (b). The form prescribed by the election division must
302	302	26 request that a voter who requests an absentee ballot:
303	303	27 (1) provide the last four (4) digits of the voter's Social Security
304	304	28 number; or
305	305	29 (2) state that the voter does not have a Social Security number.
306	306	30 The form must indicate that the voter's compliance with this request is
307	307	31 optional.
308	308	32 (e) An application form submitted by a voter must comply with
309	309	33 subsection (d).
310	310	34 (f) The form prescribed by the election division must include a
311	311	35 statement that permits an applicant to indicate whether:
312	312	36 (1) the applicant has been certified and is currently a participant
313	313	37 in the address confidentiality program under IC 5-26.5-2; and
314	314	38 (2) the applicant's legal address is the address set forth in the
315	315	39 applicant's voter registration.
316	316	40 If the applicant confirms these statements, the applicant may indicate
317	317	41 the address of the office of the attorney general as the address to which
318	318	42 the absentee ballot is to be mailed.
319	319	2023 IN 1505—LS 7231/DI 144 8
320	320	1 (g) This subsection applies to an application to receive an absentee
321	321	2 ballot:
322	322	3 (1) by mail under IC 3-11-10-24; or
323	323	4 (2) in the form of an application to vote before an absentee voter
324	324	5 board under IC 3-11-10-25 at the voter's place of confinement or
325	325	6 the residence of the voter.
326	326	7 If the voter wishes to submit an application under this section in an
327	327	8 electronic format using a module of the statewide voter registration
328	328	9 system, the voter must include a telephone number at which the voter
329	329	10 can be reached to submit the application.
330	330	11 (h) The application form for an absentee ballot must enable the
331	331	12 applicant to provide the applicant's electronic mail address. However,
332	332	13 an applicant's failure to provide an electronic mail address is not a
333	333	14 reason for denial of the absentee ballot application.
334	334	15 SECTION 5. IC 3-11-15-62 IS ADDED TO THE INDIANA CODE
335	335	16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
336	336	17 UPON PASSAGE]: Sec. 62. (a) This section applies to any contract
337	337	18 entered into after March 31, 2023.
338	338	19 (b) As used in this section, "contract" refers to a contract
339	339	20 applicable to the hardware, software, or firmware for a voting
340	340	21 system to be provided under the contract.
341	341	22 (c) A contract relating to a voting system may not prohibit
342	342	23 access to the source code for any part of a voting system.
343	343	24 SECTION 6. IC 3-12-15 IS ADDED TO THE INDIANA CODE AS
344	344	25 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
345	345	26 PASSAGE]:
346	346	27 Chapter 15. Electronic Voting System Audit
347	347	28 Sec. 0.1. (a) As used in this section, "pilot county" refers to each
348	348	29 of the following counties:
349	349	30 (1) Boone County.
350	350	31 (2) Floyd County.
351	351	32 (3) Johnson County.
352	352	33 (4) Lake County.
353	353	34 (5) Hamilton County.
354	354	35 (6) Hancock County.
355	355	36 (7) Hendricks County.
356	356	37 (8) Porter County.
357	357	38 (9) Vanderburgh County.
358	358	39 (10) Vigo County.
359	359	40 (b) Before July 1, 2023, the secretary of state shall enter into
360	360	41 contracts to conduct an audit of all computer equipment used in
361	361	42 the 2022 general election in each of the pilot counties.
362	362	2023 IN 1505—LS 7231/DI 144 9
363	363	1 (c) This section expires July 1, 2023.
364	364	2 Sec. 1. (a) After December 31, 2023, the secretary of state shall
365	365	3 enter into contracts to conduct an audit of all computer equipment
366	366	4 used after each general election in each of the counties selected
367	367	5 under subsection (b).
368	368	6 (b) Before the audit, the contractor shall randomly select the
369	369	7 counties in which the audit will be conducted. The identity of the
370	370	8 counties selected for the audit is confidential until the day after the
371	371	9 date of the general election for which the audit is conducted.
372	372	10 Sec. 2. (a) A person with whom the secretary of state enters into
373	373	11 a contract under this chapter must be a voting system test lab
374	374	12 under the federal Election Assistance Commission's Testing and
375	375	13 Certification Program.
376	376	14 (b) The secretary of state may not enter into a contract under
377	377	15 this chapter with a person who is a vendor of any voting system
378	378	16 used in Indiana.
379	379	17 Sec. 3. (a) An audit under this chapter must be a full, post
380	380	18 election audit of all computer equipment used in the general
381	381	19 election in each county selected for the audit.
382	382	20 (b) An audit under this chapter must do the following:
383	383	21 (1) Acquire forensic images of all systems.
384	384	22 (2) Investigate all systems for network connectivity before,
385	385	23 during, and after the election to determine whether
386	386	24 unauthorized access to systems was obtained or if information
387	387	25 was sent outside of the secure network environment.
388	388	26 (3) Audit voting machines, tabulators, routers, and central
389	389	27 logs.
390	390	28 (4) Any other activities that the secretary of state considers
391	391	29 relevant to the audit.
392	392	30 Sec. 4. An audit report must be submitted to each of the
393	393	31 following before December 31 of the year for which the audit was
394	394	32 conducted:
395	395	33 (1) The secretary of state.
396	396	34 (2) The attorney general.
397	397	35 (3) The chair of each of the senate and house committees with
398	398	36 jurisdiction over election matters.
399	399	37 SECTION 7. IC 10-14-3-12, AS AMENDED BY P.L.99-2021,
400	400	38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
401	401	39 JULY 1, 2023]: Sec. 12. (a) The governor shall declare a disaster
402	402	40 emergency by executive order or proclamation if the governor
403	403	41 determines that a disaster has occurred or that the occurrence or the
404	404	42 threat of a disaster is imminent. The state of disaster emergency
405	405	2023 IN 1505—LS 7231/DI 144 10
406	406	1 continues until the governor:
407	407	2 (1) determines that the threat or danger has passed or the disaster
408	408	3 has been dealt with to the extent that emergency conditions no
409	409	4 longer exist; and
410	410	5 (2) terminates the state of disaster emergency by executive order
411	411	6 or proclamation.
412	412	7 A state of disaster emergency may not continue for longer than thirty
413	413	8 (30) days unless the state of disaster emergency is renewed by the
414	414	9 governor. The general assembly, by concurrent resolution, may
415	415	10 terminate a state of disaster emergency at any time. If the general
416	416	11 assembly terminates a state of disaster emergency under this
417	417	12 subsection, the governor shall issue an executive order or proclamation
418	418	13 ending the state of disaster emergency. All executive orders or
419	419	14 proclamations issued under this subsection must indicate the nature of
420	420	15 the disaster, the area or areas threatened, and the conditions which have
421	421	16 brought the disaster about or that make possible termination of the state
422	422	17 of disaster emergency. An executive order or proclamation under this
423	423	18 subsection shall be disseminated promptly by means calculated to bring
424	424	19 the order's or proclamation's contents to the attention of the general
425	425	20 public. Unless the circumstances attendant upon the disaster prevent or
426	426	21 impede, an executive order or proclamation shall be promptly filed
427	427	22 with the secretary of state and with the clerk of the city or town affected
428	428	23 or with the clerk of the circuit court.
429	429	24 (b) An executive order or proclamation of a state of disaster
430	430	25 emergency:
431	431	26 (1) activates the disaster response and recovery aspects of the
432	432	27 state, local, and interjurisdictional disaster emergency plans
433	433	28 applicable to the affected political subdivision or area; and
434	434	29 (2) is authority for:
435	435	30 (A) deployment and use of any forces to which the plan or
436	436	31 plans apply; and
437	437	32 (B) use or distribution of any supplies, equipment, materials,
438	438	33 and facilities assembled, stockpiled, or arranged to be made
439	439	34 available under this chapter or under any other law relating to
440	440	35 disaster emergencies.
441	441	36 (c) During the continuance of any state of disaster emergency, the
442	442	37 governor is commander-in-chief of the organized and unorganized
443	443	38 militia and of all other forces available for emergency duty. To the
444	444	39 greatest extent practicable, the governor shall delegate or assign
445	445	40 command authority by prior arrangement embodied in appropriate
446	446	41 executive orders or regulations. This section does not restrict the
447	447	42 governor's authority to delegate or assign command authority by orders
448	448	2023 IN 1505—LS 7231/DI 144 11
449	449	1 issued at the time of the disaster emergency.
450	450	2 (d) In addition to the governor's other powers, and subject to
451	451	3 sections 12.5 and 12.7 of this chapter, the governor may do the
452	452	4 following while the state of emergency exists:
453	453	5 (1) Suspend the provisions of any regulatory statute prescribing
454	454	6 the procedures for conduct of state business, or the orders, rules,
455	455	7 or regulations of any state agency if strict compliance with any of
456	456	8 these provisions would in any way prevent, hinder, or delay
457	457	9 necessary action in coping with the emergency. However, this
458	458	10 subdivision does not grant the governor the power to declare
459	459	11 by executive order a different time, place, or manner for
460	460	12 holding elections, including not having the authority to
461	461	13 institute, increase, or expand vote by mail or absentee vote by
462	462	14 mail.
463	463	15 (2) Use all available resources of the state government and of
464	464	16 each political subdivision of the state reasonably necessary to
465	465	17 cope with the disaster emergency.
466	466	18 (3) Transfer the direction, personnel, or functions of state
467	467	19 departments and agencies or units for performing or facilitating
468	468	20 emergency services.
469	469	21 (4) Subject to any applicable requirements for compensation
470	470	22 under section 31 of this chapter, commandeer or use any private
471	471	23 property if the governor finds this action necessary to cope with
472	472	24 the disaster emergency.
473	473	25 (5) Assist in the evacuation of all or part of the population from
474	474	26 any stricken or threatened area in Indiana if the governor
475	475	27 considers this action necessary for the preservation of life or other
476	476	28 disaster mitigation, response, or recovery.
477	477	29 (6) Prescribe routes, modes of transportation, and destinations in
478	478	30 connection with evacuation.
479	479	31 (7) Control ingress to and egress from a disaster area, the
480	480	32 movement of persons within the area, and the occupancy of
481	481	33 premises in the area.
482	482	34 (8) Suspend or limit the sale, dispensing, or transportation of
483	483	35 alcoholic beverages, explosives, and combustibles.
484	484	36 (9) Make provision for the availability and use of temporary
485	485	37 emergency housing.
486	486	38 (10) Allow persons who:
487	487	39 (A) are registered as volunteer health practitioners by an
488	488	40 approved registration system under IC 10-14-3.5; or
489	489	41 (B) hold a license to practice:
490	490	42 (i) medicine;
491	491	2023 IN 1505—LS 7231/DI 144 12
492	492	1 (ii) dentistry;
493	493	2 (iii) pharmacy;
494	494	3 (iv) nursing;
495	495	4 (v) engineering;
496	496	5 (vi) veterinary medicine;
497	497	6 (vii) mortuary service; and
498	498	7 (viii) similar other professions as may be specified by the
499	499	8 governor;
500	500	9 to practice their respective profession in Indiana during the period
501	501	10 of the state of emergency if the state in which a person's license
502	502	11 or registration was issued has a mutual aid compact for
503	503	12 emergency management with Indiana.
504	504	13 (11) Give specific authority to allocate drugs, foodstuffs, and
505	505	14 other essential materials and services.
506	506	15 SECTION 8. An emergency is declared for this act.
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