Indiana 2024 Regular Session

Indiana House Bill HB1095 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. 1095
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-9-5-4; IC 3-10-7-32; IC 3-11; IC 3-12-1.
7	7	Synopsis: Various elections matters. Requires the circuit court clerk
8	8	of each county to place a copy of each report, notice, or other
9	9	instrument filed with the county election board on the circuit court
10	10	clerk's or county election board's website in portable document format.
11	11	Removes a voter's option to vote for all candidates of a political party
12	12	or an independent ticket at one time (straight ticket voting) in a general
13	13	or municipal election. Repeals superseded statutes relating to straight
14	14	ticket voting.
15	15	Effective: January 1, 2025.
16	16	Fleming, Clere
17	17	January 8, 2024, read first time and referred to Committee on Elections and
18	18	Apportionment.
19	19	2024 IN 1095—LS 6716/DI 144 Introduced
20	20	Second Regular Session of the 123rd General Assembly (2024)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2023 Regular Session of the General Assembly.
30	30	HOUSE BILL No. 1095
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning
32	32	elections.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 3-9-5-4 IS AMENDED TO READ AS FOLLOWS
35	35	2 [EFFECTIVE JANUARY 1, 2025]: Sec. 4. (a) The following persons,
36	36	3 whenever required to file a report, notice, or other instrument by this
37	37	4 article, shall file it with the county election board of each county
38	38	5 comprising part of the affected election district:
39	39	6 (1) Candidates for local office and their candidate's committees.
40	40	7 (2) Regular party committees that are not required to file with the
41	41	8 election division.
42	42	9 (3) Political action committees that are not required to file with
43	43	10 the election division.
44	44	11 (b) The circuit court clerk of each county shall place a copy of
45	45	12 each report, notice, or other instrument filed with the county
46	46	13 election board on the circuit court clerk's or county election
47	47	14 board's website in portable document format not later than seven
48	48	15 (7) days after the later of the following:
49	49	16 (1) The due date of the report, notice, or other instrument that
50	50	17 is filed.
51	51	2024 IN 1095—LS 6716/DI 144 2
52	52	1 (2) The date the report, notice, or other instrument is actually
53	53	2 filed.
54	54	3 SECTION 2. IC 3-10-7-32, AS AMENDED BY P.L.190-2011,
55	55	4 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
56	56	5 JANUARY 1, 2025]: Sec. 32. (a) A town election board shall
57	57	6 determine what voting method will be used in a municipal election.
58	58	7 (b) The town election board and its precinct election officers shall
59	59	8 perform the duties of the county election board and its precinct election
60	60	9 officers under IC 3-11 for each voting method used.
61	61	10 (c) The town election board shall prepare the ballots in the form
62	62	11 prescribed by IC 3-11 and distribute them to the precincts in the town.
63	63	12 (d) This subsection applies only to paper ballots. Notwithstanding
64	64	13 subsection (c), the town election board, by unanimous consent of the
65	65	14 board's entire membership, may authorize the printing or reproduction
66	66	15 of ballots on equipment under the control of the town clerk-treasurer.
67	67	16 If the town election board acts under this subsection, the ballots are not
68	68	17 required to conform to the precise dimensions concerning the size of
69	69	18 political party devices under IC 3-11-2-9 or the placement of a
70	70	19 candidate's name under IC 3-11-2-10(f). IC 3-11-2-10(d). However,
71	71	20 the ballots must otherwise substantially conform with IC 3-11-2.
72	72	21 SECTION 3. IC 3-11-2-9, AS AMENDED BY P.L.227-2023,
73	73	22 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
74	74	23 JANUARY 1, 2025]: Sec. 9. (a) The device of each political party
75	75	24 described in section 6 of this chapter shall be:
76	76	25 (1) enclosed in a circle not less than three-fourths (3/4) of an inch
77	77	26 in diameter; and
78	78	27 (2) placed under the name of the party or independent ticket, as
79	79	28 required by section 10 of this chapter.
80	80	29 (b) A device of a political party must not be printed on a ballot if
81	81	30 (1) there are no candidates of that political party. or
82	82	31 (2) the only candidates of the political party are for election to
83	83	32 offices to which more than one (1) individual is to be elected and
84	84	33 which will not be credited with a vote under IC 3-12-1-7 if a voter
85	85	34 casts a straight party ticket.
86	86	35 SECTION 4. IC 3-11-2-10, AS AMENDED BY P.L.227-2023,
87	87	36 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
88	88	37 JANUARY 1, 2025]: Sec. 10. (a) Public questions shall be placed on
89	89	38 the general election ballot in the following order after the statement
90	90	39 described in section 7 of this chapter, and the instructions described in
91	91	40 subsections (d) and (e) subsection (c) and section 8 of this chapter, if
92	92	41 instructions are printed on the ballot:
93	93	42 (1) Ratification of a state constitutional amendment.
94	94	2024 IN 1095—LS 6716/DI 144 3
95	95	1 (2) Local public questions.
96	96	2 Subject to section 10.1 of this chapter, each public question shall be
97	97	3 placed in a separate column on the ballot.
98	98	4 (b) The name or title of the political party shall be placed on the
99	99	5 general election ballot after the public questions described in
100	100	6 subsection (a). The device of the political party shall be placed
101	101	7 immediately under the name of the political party. Notwithstanding
102	102	8 section 8(b) of this chapter, the instructions for voting a straight party
103	103	9 ticket shall be placed to the right of the device on the ballot.
104	104	10 (c) The instructions for voting a straight party ticket must conform
105	105	11 as nearly as possible to the following:
106	106	12 "(1) You are not required to vote a straight party ticket. If you do
107	107	13 not wish to vote a straight party ticket, do not make a mark in this
108	108	14 section, and proceed to voting the ballot by office.
109	109	15 (2) To vote a straight (insert political party name) ticket for all
110	110	16 (insert political party name) candidates on this ballot, except for
111	111	17 candidates described in (3) below, make a voting mark on or in
112	112	18 this circle and do not make any other marks on this ballot.
113	113	19 (3) To vote for any candidate for an at-large office (insert county
114	114	20 council, city common council, town council, or township board if
115	115	21 those offices appear on this ballot) to which more than one (1)
116	116	22 person may be elected, you must make another voting mark for
117	117	23 each candidate you wish to vote for. Your straight party vote will
118	118	24 not count as a vote for any candidate for that office.
119	119	25 (4) If you wish to vote for a candidate seeking a nonpartisan office
120	120	26 or on a public question, you must make another voting mark on
121	121	27 the appropriate place on this ballot.".
122	122	28 (d) Except as permitted under section 8(b) of this chapter, if the
123	123	29 ballot contains an independent ticket described in section 6 of this
124	124	30 chapter and at least one (1) other independent candidate, the ballot
125	125	31 must also contain a statement that reads substantially as follows: "A
126	126	32 vote cast for an independent ticket will only be counted for the
127	127	33 candidates for President and Vice President or governor and lieutenant
128	128	34 governor comprising that independent ticket. This vote will NOT be
129	129	35 counted for any OTHER independent candidate appearing on the
130	130	36 ballot.".
131	131	37 (e) (c) Except as permitted under section 8(b) of this chapter, the
132	132	38 ballot must also contain a statement that reads substantially as follows:
133	133	39 "A write-in vote will NOT be counted unless the vote is for a
134	134	40 DECLARED write-in candidate. To vote for a write-in candidate, you
135	135	41 must make a voting mark on or in the square to the left of the name you
136	136	42 have written in or your vote will not be counted.".
137	137	2024 IN 1095—LS 6716/DI 144 4
138	138	1 (f) (d) Subject to section 10.1 of this chapter, the list of candidates
139	139	2 of the political party shall be placed immediately under the instructions
140	140	3 for voting a straight party ticket. The names of the candidates shall be
141	141	4 placed three-fourths (3/4) of an inch apart from center to center of the
142	142	5 name. The name of each candidate must have, immediately on its left,
143	143	6 a square three-eighths (3/8) of an inch on each side.
144	144	7 (g) (e) The circuit court clerk may authorize the printing of ballots
145	145	8 containing a ballot variation code to ensure that the proper version of
146	146	9 a ballot is used within a precinct.
147	147	10 SECTION 5. IC 3-11-2-12.4, AS AMENDED BY P.L.109-2021,
148	148	11 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
149	149	12 JANUARY 1, 2025]: Sec. 12.4. (a) This section applies whenever more
150	150	13 than one (1) candidate may be elected to an office.
151	151	14 (b) The office shall be placed on the general election ballot after the
152	152	15 offices described in section 12 of this chapter and before the offices
153	153	16 described in section 12.9 of this chapter.
154	154	17 (c) Whenever candidates are to be elected to a county council, city
155	155	18 common council, or town council that includes both an at-large
156	156	19 member and a member representing a district, the candidates seeking
157	157	20 election as an at-large member shall be placed on the ballot before
158	158	21 candidates seeking to represent a district.
159	159	22 (d) The ballot shall contain a statement reading substantially as
160	160	23 follows above the name of the first candidate: "To vote for any
161	161	24 candidate for this office, you must make a voting mark for each
162	162	25 candidate you wish to vote for.". A straight party vote will not count as
163	163	26 a vote for any candidate for this office.".
164	164	27 SECTION 6. IC 3-11-7-4, AS AMENDED BY P.L.278-2019,
165	165	28 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
166	166	29 JANUARY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b),
167	167	30 A ballot card voting system must permit a voter to vote
168	168	31 (1) except at a primary election, a straight party ticket for all of
169	169	32 the candidates of one (1) political party by a single voting mark
170	170	33 on each ballot card;
171	171	34 (2) for one (1) or more candidates of each political party or
172	172	35 independent candidates, or for one (1) or more school board
173	173	36 candidates nominated by petition.
174	174	37 (3) a split ticket for the candidates of different political parties
175	175	38 and for independent candidates; or
176	176	39 (4) a straight party ticket and then split that ticket by casting
177	177	40 individual votes for candidates of another political party or
178	178	41 independent candidate.
179	179	42 (b) A ballot card voting system must require that a voter who wishes
180	180	2024 IN 1095—LS 6716/DI 144 5
181	181	1 to cast a ballot for a candidate for election to an at-large district to
182	182	2 which more than one person may be elected, on a:
183	183	3 (1) county council;
184	184	4 (2) city common council;
185	185	5 (3) town council; or
186	186	6 (4) township board;
187	187	7 make a voting mark for each individual candidate for whom the voter
188	188	8 wishes to cast a vote. The ballot card voting system may not count any
189	189	9 straight party ticket voting mark as a vote for any candidate for an
190	190	10 office described by this subsection.
191	191	11 (c) (b) A ballot card voting system must permit a voter to vote:
192	192	12 (1) for all candidates for presidential electors and alternate
193	193	13 presidential electors of a political party or an independent ticket
194	194	14 by making a single voting mark; and
195	195	15 (2) for or against a public question on which the voter may vote.
196	196	16 SECTION 7. IC 3-11-7-6 IS REPEALED [EFFECTIVE JANUARY
197	197	17 1, 2025]. Sec. 6. A ballot card voting system must count a ballot in
198	198	18 accordance with IC 3-12-1-7 when a voter votes a straight ticket vote
199	199	19 and votes for individual candidates as described by IC 3-12-1-7.
200	200	20 SECTION 8. IC 3-11-7.5-10, AS AMENDED BY P.L.278-2019,
201	201	21 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
202	202	22 JANUARY 1, 2025]: Sec. 10. (a) Except as provided in subsection (b),
203	203	23 An electronic voting system must permit a voter to vote
204	204	24 (1) except at a primary election, a straight party ticket for all the
205	205	25 candidates of one (1) political party by touching the device of that
206	206	26 party;
207	207	27 (2) for one (1) or more candidates of each political party or
208	208	28 independent candidates, or for one (1) or more school board
209	209	29 candidates nominated by petition.
210	210	30 (3) a split ticket for the candidates of different political parties
211	211	31 and for independent candidates; or
212	212	32 (4) a straight party ticket and then split that ticket by casting
213	213	33 individual votes for candidates of another political party or
214	214	34 independent candidates.
215	215	35 (b) An electronic voting system must require that a voter who
216	216	36 wishes to cast a ballot for a candidate for election to an at-large district
217	217	37 to which more than one person may be elected, on a:
218	218	38 (1) county council;
219	219	39 (2) city common council;
220	220	40 (3) town council; or
221	221	41 (4) township board;
222	222	42 make a voting mark for each individual candidate for whom the voter
223	223	2024 IN 1095—LS 6716/DI 144 6
224	224	1 wishes to cast a vote. The electronic voting system may not count any
225	225	2 straight party ticket voting mark as a vote for any candidate for an
226	226	3 office described by this subsection.
227	227	4 (c) (b) An electronic voting system must permit a voter to vote:
228	228	5 (1) for as many candidates for an office as the voter may vote for,
229	229	6 but no more;
230	230	7 (2) for or against a public question on which the voter may vote,
231	231	8 but no other; and
232	232	9 (3) for all the candidates for presidential electors and alternate
233	233	10 presidential electors of a political party or an independent ticket
234	234	11 by making a single voting mark.
235	235	12 SECTION 9. IC 3-11-11-10 IS REPEALED [EFFECTIVE
236	236	13 JANUARY 1, 2025]. Sec. 10. If an election is a general or municipal
237	237	14 election and a voter desires to vote for all the candidates of one (1)
238	238	15 political party or group of petitioners, the voter may make a voting
239	239	16 mark on or in a large circle enclosing the device and before the name
240	240	17 under which the candidates of the party are printed. The voter's vote
241	241	18 shall then be counted for all the candidates under that party name.
242	242	19 SECTION 10. IC 3-11-13-7.5, AS ADDED BY P.L.109-2021,
243	243	20 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
244	244	21 JANUARY 1, 2025]: Sec. 7.5. (a) This section applies to a marking
245	245	22 device used in a voting system that:
246	246	23 (1) contains features of both a ballot card voting system and an
247	247	24 electronic voting system; and
248	248	25 (2) produces a ballot card with the voter's choices as selected by
249	249	26 the voter and marked on the card by the device.
250	250	27 (b) The interface of the marking device used with an optical scan
251	251	28 voting system must include all of the following:
252	252	29 (1) The information required by IC 3-11-14-3.5.
253	253	30 (2) The instructions required by IC 3-11-2-8.
254	254	31 (3) The information and instructions required by IC 3-11-2-10.
255	255	32 (c) A marking device must comply with the same disability access
256	256	33 standards as an electronic voting system under IC 3-11-15-13.6.
257	257	34 (d) Notwithstanding any other provision of this title, a ballot card
258	258	35 used with a marking device must have either preprinted or printed by
259	259	36 the marking device the following:
260	260	37 (1) When the marking device is used for absentee voting under
261	261	38 IC 3-11-10-26, the circuit court clerk's signature and seal required
262	262	39 by IC 3-11-10-27.
263	263	40 (2) When the marking device is used by a voter to cast a
264	264	41 provisional ballot, the circuit court clerk's signature and seal
265	265	42 required by IC 3-11.7-1-7.
266	266	2024 IN 1095—LS 6716/DI 144 7
267	267	1 (3) A line or box for each poll clerk's initial as required by section
268	268	2 19 of this chapter.
269	269	3 (4) When the marking device is used during a primary election,
270	270	4 the name of the political party whose primary the voter is
271	271	5 participating in or the word "nonpartisan" if the voter is voting a
272	272	6 ballot that contains only a public question certified by the county
273	273	7 election board under IC 3-10-9.
274	274	8 (e) If the voting system produces a ballot card, the ballot card must
275	275	9 contain a summary ballot scan of the voter's ballot that includes all of
276	276	10 the following:
277	277	11 (1) The name or designation of each office on the voter's ballot.
278	278	12 (2) The name of the candidate and the candidate's political party
279	279	13 selected by the voter.
280	280	14 (3) If the voter selects a straight party ticket, the name of the
281	281	15 political party ticket the voter selected.
282	282	16 (4) (3) A description of the text of any public question or judicial
283	283	17 retention question on the voter's ballot that the county election
284	284	18 board determines reasonably conveys the content of the public
285	285	19 question or judicial retention question and the response the voter
286	286	20 selected for each question.
287	287	21 The ballot card may contain additional information described in
288	288	22 subsection (b).
289	289	23 (f) Notwithstanding any other provision of this chapter, a ballot card
290	290	24 used with the marking device may be a different dimension or size than
291	291	25 other ballot cards:
292	292	26 (1) approved by the county election board for use in an election;
293	293	27 and
294	294	28 (2) that are not designed to be marked by the marking device.
295	295	29 (g) A voter verifiable paper audit trail is not a marking device.
296	296	30 SECTION 11. IC 3-11-13-11, AS AMENDED BY THE
297	297	31 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
298	298	32 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
299	299	33 JANUARY 1, 2025]: Sec. 11. (a) The ballot information, whether
300	300	34 placed on the ballot card or on the marking device, must be in the order
301	301	35 of arrangement provided for ballots under this section.
302	302	36 (b) Each county election board shall have the names of all
303	303	37 candidates for all elected offices, political party offices, and public
304	304	38 questions printed on a ballot card as provided in this chapter. The
305	305	39 county may:
306	306	40 (1) print all offices and questions on a single ballot card; and
307	307	41 (2) include a ballot variation code to ensure that the proper
308	308	42 version of a ballot is used within a precinct.
309	309	2024 IN 1095—LS 6716/DI 144 8
310	310	1 (c) Each type of ballot card must be of uniform size and of the same
311	311	2 quality and color of paper (except as permitted under IC 3-10-1-17).
312	312	3 (d) The nominees of a political party or an independent candidate
313	313	4 or independent ticket (described in IC 3-11-2-6) nominated by
314	314	5 petitioners shall be listed on the ballot with the name and device set
315	315	6 forth on the certification or petition. The circle containing the device
316	316	7 may be of any size that permits a voter to readily identify the device.
317	317	8 IC 3-11-2-5 applies if the certification or petition does not include a
318	318	9 name or device, or if the same device is selected by two (2) or more
319	319	10 parties or petitioners.
320	320	11 (e) The offices and public questions on the general election ballot
321	321	12 must be placed on the ballot in the order listed in IC 3-11-2-12,
322	322	13 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),
323	323	14 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
324	324	15 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). The offices and
325	325	16 public questions may be listed in a continuous column or row either
326	326	17 vertically or horizontally and on a number of separate pages.
327	327	18 (f) The name of each office must be printed in a uniform size in bold
328	328	19 type. A statement reading substantially as follows must be placed
329	329	20 immediately below the name of the office and above the name of the
330	330	21 first candidate:
331	331	22 (1) "Vote for one (1) only.", if only one (1) candidate is to be
332	332	23 elected to the office.
333	333	24 (2) "Vote for not more than (insert the number of candidates to be
334	334	25 elected) candidate(s) for this office. To vote for any candidate for
335	335	26 this office, you must make a voting mark for each candidate you
336	336	27 wish to vote for.", A straight party vote will not count as a vote for
337	337	28 any candidate for this office.", if more than one (1) candidate is to
338	338	29 be elected to the office.
339	339	30 (g) Below the name of the office and the statement required by
340	340	31 subsection (f), the names of the candidates for each office must be
341	341	32 grouped together in the following order:
342	342	33 (1) The major political party whose candidate received the highest
343	343	34 greatest number of votes in the county for secretary of state at the
344	344	35 last most recent election for secretary of state is listed first.
345	345	36 (2) The major political party whose candidate received the second
346	346	37 highest greatest number of votes in the county for secretary of
347	347	38 state at the most recent election for secretary of state is listed
348	348	39 second.
349	349	40 (3) All other political parties listed in the order that the parties'
350	350	41 candidates for secretary of state finished in the last most recent
351	351	42 election for secretary of state are listed after the party listed in
352	352	2024 IN 1095—LS 6716/DI 144 9
353	353	1 subdivision (2).
354	354	2 (4) If a political party did not have a candidate for secretary of
355	355	3 state in the last most recent election for secretary of state or a
356	356	4 nominee is an independent candidate or independent ticket
357	357	5 (described in IC 3-11-2-6), the party or candidate is listed after
358	358	6 the parties described in subdivisions (1), (2), and (3).
359	359	7 (5) If more than one (1) political party or independent candidate
360	360	8 or ticket described in subdivision (4) qualifies to be on the ballot,
361	361	9 the parties, candidates, or tickets are listed in the order in which
362	362	10 the party filed its petition of nomination under IC 3-8-6-12.
363	363	11 (6) A space for write-in voting is placed after the candidates listed
364	364	12 in subdivisions (1) through (5), if required by law.
365	365	13 (7) The name of a write-in candidate may not be listed on the
366	366	14 ballot.
367	367	15 (h) The names of the candidates grouped in the order established by
368	368	16 subsection (g) must be printed in type with uniform capital letters and
369	369	17 have a uniform space between each name. The name of the candidate's
370	370	18 political party, or the word "Independent" if the:
371	371	19 (1) candidate; or
372	372	20 (2) ticket of candidates for:
373	373	21 (A) President and Vice President of the United States; or
374	374	22 (B) governor and lieutenant governor;
375	375	23 is independent, must be placed immediately below or beside the name
376	376	24 of the candidate and must be printed in a uniform size and type.
377	377	25 (i) All the candidates of the same political party for election to
378	378	26 at-large seats on the fiscal or legislative body of a political subdivision
379	379	27 must be grouped together:
380	380	28 (1) under the name of the office that the candidates are seeking;
381	381	29 (2) in the order established by subsection (g); and
382	382	30 (3) within the political party, in alphabetical order according to
383	383	31 surname.
384	384	32 A statement reading substantially as follows must be placed
385	385	33 immediately below the name of the office and above the name of the
386	386	34 first candidate: "Vote for not more than (insert the number of
387	387	35 candidates to be elected) candidate(s) of ANY party for this office.".
388	388	36 (j) Candidates for election to at-large seats on the governing body
389	389	37 of a school corporation must be grouped:
390	390	38 (1) under the name of the office that the candidates are seeking;
391	391	39 and
392	392	40 (2) in alphabetical order according to surname.
393	393	41 A statement reading substantially as follows must be placed
394	394	42 immediately below the name of the office and above the name of the
395	395	2024 IN 1095—LS 6716/DI 144 10
396	396	1 first candidate: "Vote for not more than (insert the number of
397	397	2 candidates to be elected) candidate(s) for this office.".
398	398	3 (k) The following information must be placed at the top of the ballot
399	399	4 before the first public question is listed:
400	400	5 (1) The cautionary statement described in IC 3-11-2-7.
401	401	6 (2) The instructions described in IC 3-11-2-8 IC 3-11-2-10(d),
402	402	7 and IC 3-11-2-10(e). IC 3-11-2-10(c).
403	403	8 (l) The ballot must include: a single connectable arrow, circle, oval,
404	404	9 or square, or a voting position for voting a straight party ticket by one
405	405	10 (1) mark as required by section 14 of this chapter, and the single
406	406	11 connectable arrow, circle, oval, or square, or the voting position for
407	407	12 casting a straight party ticket ballot must be identified by:
408	408	13 (1) the name of the political party; ticket and
409	409	14 (2) immediately below or beside the political party's name, the
410	410	15 device of that party (described in IC 3-11-2-5).
411	411	16 The name and device of each political party must be of uniform size
412	412	17 and type and arranged in the order established by subsection (g) for
413	413	18 listing candidates under each office. The instructions described in
414	414	19 IC 3-11-2-10(c) for voting a straight party ticket and the statement
415	415	20 concerning presidential electors required under IC 3-10-4-3 must be
416	416	21 placed on the ballot label. The instructions for voting a straight party
417	417	22 ticket must include the statement: "If you do not wish to vote a straight
418	418	23 party ticket, do not make a mark in this section and proceed to voting
419	419	24 the ballot by office.".
420	420	25 (m) A public question must be in the form described in
421	421	26 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
422	422	27 arrow, a circle, or an oval may be used instead of a square. Except as
423	423	28 expressly authorized or required by statute, a county election board
424	424	29 may not print a ballot card that contains language concerning the public
425	425	30 question other than the language authorized by a statute.
426	426	31 (n) The requirements in this section:
427	427	32 (1) do not replace; and
428	428	33 (2) are in addition to;
429	429	34 any other requirements in this title that apply to optical scan ballots.
430	430	35 (o) The procedure described in IC 3-11-2-16 must be used when a
431	431	36 ballot does not comply with the requirements imposed by this title or
432	432	37 contains another error or omission that might result in confusion or
433	433	38 mistakes by voters.
434	434	39 (p) This subsection applies to an optical scan ballot that does not
435	435	40 list:
436	436	41 (1) the names of political parties or candidates; or
437	437	42 (2) the text of public questions;
438	438	2024 IN 1095—LS 6716/DI 144 11
439	439	1 on the face of the ballot. The ballot must be prepared in accordance
440	440	2 with this section, except that the ballot must include a numbered circle
441	441	3 or oval to refer to each political party, candidate, or public question.
442	442	4 SECTION 12. IC 3-11-13-14 IS REPEALED [EFFECTIVE
443	443	5 JANUARY 1, 2025]. Sec. 14. (a) In partisan elections, the ballot labels
444	444	6 must include a voting square or position where a voter may by one (1)
445	445	7 voting mark on each card record a straight party ticket vote for all the
446	446	8 candidates of one (1) political party, except for offices for which the
447	447	9 voter:
448	448	10 (1) is required to cast an individual vote for a candidate under
449	449	11 IC 3-11-7-4(b); or
450	450	12 (2) has voted individually for a candidate for any other office.
451	451	13 (b) A ballot label must not include a voting square or position to
452	452	14 permit a voter to cast a straight party ticket for a political party if:
453	453	15 (1) there are no candidates of that political party; or
454	454	16 (2) the only candidates of the political party are for election to
455	455	17 offices to which more than one (1) individual is to be elected and
456	456	18 which will not be credited with a vote under IC 3-12-1-7 if a voter
457	457	19 casts a straight party ticket.
458	458	20 SECTION 13. IC 3-11-13-22, AS AMENDED BY P.L.227-2023,
459	459	21 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
460	460	22 JANUARY 1, 2025]: Sec. 22. (a) This section applies to:
461	461	23 (1) a ballot card voting system; and
462	462	24 (2) a voting system that includes features of a ballot card voting
463	463	25 system and a direct record electronic voting system.
464	464	26 (b) Not later than seventy-four (74) days before election day, for
465	465	27 each county planning to use automatic tabulating machines at the next
466	466	28 election, VSTOP shall provide each county election board with a
467	467	29 randomly sorted list of unique identification numbers for the inventory
468	468	30 of machines in the county maintained under IC 3-11-16-4. Starting at
469	469	31 the top of the list, the county election board shall select machines in the
470	470	32 list in the order listed so that:
471	471	33 (1) if a machine to be selected in the list is not scheduled to be
472	472	34 used in the upcoming election, the selection process will move to
473	473	35 the next machine in the order listed;
474	474	36 (2) each selected machine is scheduled to be used in the
475	475	37 upcoming election; and
476	476	38 (3) the number of machines selected is not less than five percent
477	477	39 (5%) of the machines in the county scheduled by the county
478	478	40 election board to be used in the upcoming election.
479	479	41 (c) The county election board shall test the machines as described
480	480	42 in subsection (b) to ascertain that the machines will correctly count the
481	481	2024 IN 1095—LS 6716/DI 144 12
482	482	1 votes cast for straight party tickets, for all candidates (including
483	483	2 write-in candidates) and on all public questions. If an individual
484	484	3 attending the public test requests that additional automatic tabulating
485	485	4 machines be tested, then the county election board shall select and test
486	486	5 additional machines from the list in the manner described in subsection
487	487	6 (b).
488	488	7 (d) If VSTOP does not provide the lists under subsection (b) not
489	489	8 later than sixty (60) days before the election, the county election board
490	490	9 shall establish and implement a procedure for random selection of not
491	491	10 less than five percent (5%) of the machines in the county to be used in
492	492	11 the upcoming election. The county election board shall then test the
493	493	12 machines selected as described in subsection (c).
494	494	13 (e) Not later than seven (7) days after conducting the test under
495	495	14 subsection (c), the county election board shall certify to the election
496	496	15 division that the test has been conducted in conformity with subsection
497	497	16 (c). The testing under subsection (c) must begin before absentee voting
498	498	17 begins in the office of the circuit court clerk under IC 3-11-10-26.
499	499	18 (f) Public notice of the time and place shall be given at least
500	500	19 forty-eight (48) hours before the test. The notice shall be published
501	501	20 once in accordance with IC 5-3-1-4.
502	502	21 (g) If a county election board determines that:
503	503	22 (1) a ballot:
504	504	23 (A) must be reprinted or corrected as provided by
505	505	24 IC 3-11-2-16 because of the omission of a candidate, political
506	506	25 party, or public question from the ballot; or
507	507	26 (B) is an absentee ballot that a voter is entitled to recast under
508	508	27 IC 3-11.5-4-2 because the absentee ballot includes a candidate
509	509	28 for election to office who:
510	510	29 (i) ceased to be a candidate; and
511	511	30 (ii) has been succeeded by a candidate selected under
512	512	31 IC 3-13-1 or IC 3-13-2; and
513	513	32 (2) ballots used in the test conducted under this section were not
514	514	33 reprinted or corrected to remove the omission of a candidate,
515	515	34 political party, or public question, or indicate the name of the
516	516	35 successor candidate;
517	517	36 the county election board shall conduct an additional public test
518	518	37 described in subsection (c) using the reprinted or corrected ballots.
519	519	38 Notice of the time and place of the additional test shall be given in
520	520	39 accordance with IC 5-14-1.5, but publication of the notice in
521	521	40 accordance with IC 5-3-1-4 is not required.
522	522	41 (h) Notwithstanding IC 3-5-4-1.7, a county election board may send
523	523	42 a signed form from a public test to the election division by electronic
524	524	2024 IN 1095—LS 6716/DI 144 13
525	525	1 mail or fax.
526	526	2 SECTION 14. IC 3-11-13-31.7, AS AMENDED BY P.L.227-2023,
527	527	3 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
528	528	4 JANUARY 1, 2025]: Sec. 31.7. (a) This section is enacted to comply
529	529	5 with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory
530	530	6 standards to define what constitutes a vote on an optical scan voting
531	531	7 system.
532	532	8 (b) After receiving ballot cards, a voter shall, without leaving the
533	533	9 room, go alone into one (1) of the booths or compartments that is
534	534	10 unoccupied and indicate:
535	535	11 (1) the candidates for whom the voter desires to vote by marking
536	536	12 the connectable arrows, circles, ovals, or squares immediately
537	537	13 beside:
538	538	14 (A) the candidates' names; or
539	539	15 (B) the numbers referring to the candidates; and
540	540	16 (2) the voter's preference on each public question by marking the
541	541	17 connectable arrow, oval, or square beside:
542	542	18 (A) the word "yes" or "no" under the question; or
543	543	19 (B) the number referring to the word "yes" or "no" on the
544	544	20 ballot.
545	545	21 (c) If an election is a general or municipal election and a voter
546	546	22 desires to vote for all the candidates of one (1) political party, the voter
547	547	23 may mark:
548	548	24 (1) the circle enclosing the device; or
549	549	25 (2) the connectable arrow, circle, oval, or square described in
550	550	26 section 11 of this chapter;
551	551	27 that designates the candidates of that political party. Except as provided
552	552	28 by IC 3-11-7-4(b), the voter's vote shall then be counted for all the
553	553	29 candidates of that political party. However, if the voter marks the
554	554	30 circle, arrow, oval, or square of an independent ticket (described in
555	555	31 IC 3-11-2-6), the vote shall not be counted for any other independent
556	556	32 candidate on the ballot.
557	557	33 (d) (c) This subsection applies to a voter casting a ballot on a voting
558	558	34 system that includes features of both an optical scan ballot card voting
559	559	35 system and a direct record electronic voting system. After entering into
560	560	36 a booth used with the voting system, the voter shall indicate the
561	561	37 candidates for whom the voter desires to vote and the voter's preference
562	562	38 on each public question by:
563	563	39 (1) inserting a paper ballot or an optical scan ballot into the voting
564	564	40 system; or
565	565	41 (2) using headphones to listen to a recorded list of political
566	566	42 parties, candidates, and public questions.
567	567	2024 IN 1095—LS 6716/DI 144 14
568	568	1 (e) (d) A voter using a voting system described in subsection (d) (c)
569	569	2 may indicate the voter's selections by:
570	570	3 (1) touching a device on or in the squares immediately adjacent
571	571	4 to the name of a political party, candidate, or response to a public
572	572	5 question; or
573	573	6 (2) indicating the voter's choices by using a sip puff device that
574	574	7 enables the voter to indicate a choice by inhaling or exhaling.
575	575	8 SECTION 15. IC 3-11-14-2, AS AMENDED BY P.L.115-2022,
576	576	9 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
577	577	10 JANUARY 1, 2025]: Sec. 2. (a) Except as provided in subsections (c)
578	578	11 and (f), a county election board may use an approved electronic voting
579	579	12 system:
580	580	13 (1) in any election;
581	581	14 (2) in all or in some of the precincts within a political subdivision
582	582	15 holding an election; and
583	583	16 (3) instead of or in combination with any other voting method.
584	584	17 (b) A county election board may use an electronic voting system
585	585	18 which includes a voter verifiable paper audit trail if the voting system:
586	586	19 (1) otherwise complies with this chapter and IC 3-11-15; and
587	587	20 (2) is certified by the Indiana election commission.
588	588	21 (c) A county election board may not use an approved electronic
589	589	22 voting system purchased, leased, or otherwise acquired by the county
590	590	23 after December 31, 2019, unless the system:
591	591	24 (1) is certified by the Indiana election commission; and
592	592	25 (2) includes a voter verifiable paper audit trail.
593	593	26 This subsection does not prohibit a county election board from having
594	594	27 maintenance performed on an electronic voting system purchased,
595	595	28 leased, or otherwise acquired by the county before January 1, 2020.
596	596	29 (d) The voter verifiable paper audit trail must contain all of the
597	597	30 following:
598	598	31 (1) The name or code of the election as provided by the voting
599	599	32 system.
600	600	33 (2) The date of the election.
601	601	34 (3) The date the voter verifiable paper audit trail was printed.
602	602	35 (4) A security code and record number specific to each paper
603	603	36 receipt assigned by the voting system.
604	604	37 (5) The name or designation of the voter's precinct.
605	605	38 (6) The name or designation of each office on the voter's ballot.
606	606	39 (7) The name of the candidate and the designation of the
607	607	40 candidate's political party selected by the voter.
608	608	41 (8) If the voter selects a straight party ticket, the name of the
609	609	42 political party ticket the voter selected.
610	610	2024 IN 1095—LS 6716/DI 144 15
611	611	1 (9) (8) The following information:
612	612	2 (A) A description of the text of any public question or judicial
613	613	3 retention question on the voter's ballot that:
614	614	4 (i) contains not more than thirty (30) characters; and
615	615	5 (ii) the county election board determines reasonably conveys
616	616	6 the content of the public question or judicial retention
617	617	7 question.
618	618	8 (B) The response the voter selected for each question.
619	619	9 (e) The voter verifiable paper audit trail may contain additional
620	620	10 information and instructions determined to be useful to the voter by the
621	621	11 county election board subject to the design capabilities of the voter
622	622	12 verifiable paper audit trail.
623	623	13 (f) This subsection applies to a county in which any direct record
624	624	14 electronic voting system that does not include a voter verifiable paper
625	625	15 audit trail is used for an election. A county election board shall not use
626	626	16 a direct record electronic voting system in an election after July 1,
627	627	17 2022, unless the county election board:
628	628	18 (1) uses a number of direct record electronic voting systems
629	629	19 including a voter verifiable paper audit trail in the election that is
630	630	20 equal to or greater than ten percent (10%) of the total number of
631	631	21 direct record electronic voting systems owned, leased, or
632	632	22 otherwise available to the county as of January 1, 2022, and as of
633	633	23 January 1 in each year thereafter;
634	634	24 (2) determines, not later than July 1, 2022, and January 1 of each
635	635	25 year thereafter, the minimum number of direct record electronic
636	636	26 voting systems including a voter verifiable paper audit trail
637	637	27 necessary to comply with the requirement of this subsection; and
638	638	28 (3) files a certification of this determination to the secretary of
639	639	29 state not later than August 11, 2022, and February 11 of each year
640	640	30 thereafter.
641	641	31 SECTION 16. IC 3-11-14-3.5, AS AMENDED BY P.L.227-2023,
642	642	32 SECTION 100, IS AMENDED TO READ AS FOLLOWS
643	643	33 [EFFECTIVE JANUARY 1, 2025]: Sec. 3.5. (a) Each county election
644	644	34 board shall have the names of all candidates for all elected offices,
645	645	35 political party offices, and public questions printed on ballot labels for
646	646	36 use in an electronic voting system as provided in this chapter.
647	647	37 (b) The county may:
648	648	38 (1) print all offices and public questions on a single ballot label;
649	649	39 and
650	650	40 (2) include a ballot variation code to ensure that the proper
651	651	41 version of a ballot label is used within a precinct.
652	652	42 (c) Each type of ballot label must be of uniform size and of the same
653	653	2024 IN 1095—LS 6716/DI 144 16
654	654	1 quality and color of paper (except as permitted under IC 3-10-1-17).
655	655	2 (d) The nominees of a political party or an independent candidate
656	656	3 or independent ticket (described in IC 3-11-2-6) nominated by
657	657	4 petitioners must be listed on the ballot label with the name and device
658	658	5 set forth on the certification or petition. The circle containing the
659	659	6 device may be of any size that permits a voter to readily identify the
660	660	7 device. IC 3-11-2-5 applies if the certification or petition does not
661	661	8 include a name or device, or if the same device is selected by two (2)
662	662	9 or more parties or petitioners.
663	663	10 (e) The ballot labels must list the offices and public questions on the
664	664	11 general election ballot in the order listed in IC 3-11-2-12,
665	665	12 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),
666	666	13 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
667	667	14 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). Each office and
668	668	15 public question may have a separate screen, or the offices and public
669	669	16 questions may be listed in a continuous column or row either vertically
670	670	17 or horizontally.
671	671	18 (f) The name of each office must be printed in a uniform size in bold
672	672	19 type. A statement reading substantially as follows must be placed
673	673	20 immediately below the name of the office and above the name of the
674	674	21 first candidate:
675	675	22 (1) "Vote for one (1) only.", if only one (1) candidate is to be
676	676	23 elected to the office.
677	677	24 (2) "Vote for not more than (insert the number of candidates to be
678	678	25 elected) candidate(s) for this office. To vote for any candidate for
679	679	26 this office, you must make a voting mark for each candidate you
680	680	27 wish to vote for.", A straight party vote will not count as a vote for
681	681	28 any candidate for this office.", if more than one (1) candidate is to
682	682	29 be elected to the office.
683	683	30 (g) Below the name of the office and the statement required by
684	684	31 subsection (f), the names of the candidates for each office must be
685	685	32 grouped together in the following order:
686	686	33 (1) The major political party whose candidate received the highest
687	687	34 greatest number of votes in the county for secretary of state at the
688	688	35 last most recent election for secretary of state is listed first.
689	689	36 (2) The major political party whose candidate received the second
690	690	37 highest greatest number of votes in the county for secretary of
691	691	38 state at the most recent election for secretary of state is listed
692	692	39 second.
693	693	40 (3) All other political parties listed in the order that the parties'
694	694	41 candidates for secretary of state finished in the last most recent
695	695	42 election for secretary of state are listed after the party listed in
696	696	2024 IN 1095—LS 6716/DI 144 17
697	697	1 subdivision (2).
698	698	2 (4) If a political party did not have a candidate for secretary of
699	699	3 state in the last most recent election for secretary of state or a
700	700	4 nominee is an independent candidate or independent ticket
701	701	5 (described in IC 3-11-2-6), the party or candidate is listed after
702	702	6 the parties described in subdivisions (1), (2), and (3).
703	703	7 (5) If more than one (1) political party or independent candidate
704	704	8 or ticket described in subdivision (4) qualifies to be on the ballot,
705	705	9 the parties, candidates, or tickets are listed in the order in which
706	706	10 the party filed its petition of nomination under IC 3-8-6-12.
707	707	11 (6) A space for write-in voting is placed after the candidates listed
708	708	12 in subdivisions (1) through (5), if required by law. A space for
709	709	13 write-in voting for an office is not required if there are no
710	710	14 declared write-in candidates for that office. However, procedures
711	711	15 must be implemented to permit write-in voting for candidates for
712	712	16 federal offices.
713	713	17 (7) The name of a write-in candidate may not be listed on the
714	714	18 ballot.
715	715	19 (h) The names of the candidates grouped in the order established by
716	716	20 subsection (g) must be printed in type with uniform capital letters and
717	717	21 have a uniform space between each name. The name of the candidate's
718	718	22 political party, or the word "Independent", if the:
719	719	23 (1) candidate; or
720	720	24 (2) ticket of candidates for:
721	721	25 (A) President and Vice President of the United States; or
722	722	26 (B) governor and lieutenant governor;
723	723	27 is independent, must be placed immediately below or beside the name
724	724	28 of the candidate and must be printed in uniform size and type.
725	725	29 (i) All the candidates of the same political party for election to
726	726	30 at-large seats on the fiscal or legislative body of a political subdivision
727	727	31 must be grouped together:
728	728	32 (1) under the name of the office that the candidates are seeking;
729	729	33 (2) in the party order established by subsection (g); and
730	730	34 (3) within the political party, in alphabetical order according to
731	731	35 surname.
732	732	36 A statement reading substantially as follows must be placed
733	733	37 immediately below the name of the office and above the name of the
734	734	38 first candidate: "Vote for not more than (insert the number of
735	735	39 candidates to be elected) candidate(s) of ANY party for this office.".
736	736	40 (j) Candidates for election to at-large seats on the governing body
737	737	41 of a school corporation must be grouped:
738	738	42 (1) under the name of the office that the candidates are seeking;
739	739	2024 IN 1095—LS 6716/DI 144 18
740	740	1 and
741	741	2 (2) in alphabetical order according to surname.
742	742	3 A statement reading substantially as follows must be placed
743	743	4 immediately below the name of the office and above the name of the
744	744	5 first candidate: "Vote for not more than (insert the number of
745	745	6 candidates to be elected) candidate(s) for this office.".
746	746	7 (k) The cautionary statement described in IC 3-11-2-7 must be
747	747	8 placed at the top or beginning of the ballot label before the first public
748	748	9 question is listed.
749	749	10 (l) The instructions described in IC 3-11-2-8 IC 3-11-2-10(d), and
750	750	11 IC 3-11-2-10(e) IC 3-11-2-10(c) may be:
751	751	12 (1) placed on the ballot label; or
752	752	13 (2) posted in a location within the voting booth that permits the
753	753	14 voter to easily read the instructions.
754	754	15 (m) Except as provided in section 14.5 of this chapter, The ballot
755	755	16 label must include: a touch sensitive point or button for voting a
756	756	17 straight political party ticket by one (1) touch, and the touch sensitive
757	757	18 point or button must be identified by:
758	758	19 (1) the name of the political party; and
759	759	20 (2) immediately below or beside the political party's name, the
760	760	21 device of that party (described in IC 3-11-2-5).
761	761	22 The name and device of each party must be of uniform size and type,
762	762	23 and arranged in the order established by subsection (g) for listing
763	763	24 candidates under each office. The instructions described in
764	764	25 IC 3-11-2-10(c) for voting a straight party ticket and the statement
765	765	26 concerning presidential electors required under IC 3-10-4-3 must be
766	766	27 placed on the ballot label. The instructions for voting a straight party
767	767	28 ticket must include the statement: "If you do not wish to vote a straight
768	768	29 party ticket, press "NEXT" (or replace "NEXT" with the term used by
769	769	30 that voting system to permit a voter to skip a ballot screen) to continue
770	770	31 voting.".
771	771	32 (n) A public question must be in the form described in
772	772	33 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
773	773	34 point or button must be used instead of a square. Except as expressly
774	774	35 authorized or required by statute, a county election board may not print
775	775	36 a ballot label that contains language concerning the public question
776	776	37 other than the language authorized by a statute.
777	777	38 (o) The requirements in this section:
778	778	39 (1) do not replace; and
779	779	40 (2) are in addition to;
780	780	41 any other requirements in this title that apply to ballots for electronic
781	781	42 voting systems.
782	782	2024 IN 1095—LS 6716/DI 144 19
783	783	1 (p) The procedure described in IC 3-11-2-16 must be used when a
784	784	2 ballot label does not comply with the requirements imposed by this title
785	785	3 or contains another error or omission that might result in confusion or
786	786	4 mistakes by voters.
787	787	5 SECTION 17. IC 3-11-14-14.5 IS REPEALED [EFFECTIVE
788	788	6 JANUARY 1, 2025]. Sec. 14.5. A ballot label must not include a touch
789	789	7 sensitive point or button to permit a voter to cast a straight party ticket
790	790	8 for a political party if:
791	791	9 (1) there are no candidates of that political party; or
792	792	10 (2) the only candidates of the political party are for election to
793	793	11 offices to which more than one (1) individual is to be elected and
794	794	12 which will not be credited with a vote under IC 3-12-1-7 if a voter
795	795	13 casts a straight party ticket.
796	796	14 SECTION 18. IC 3-11-14-23, AS AMENDED BY P.L.21-2016,
797	797	15 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
798	798	16 JANUARY 1, 2025]: Sec. 23. (a) This section is enacted to comply
799	799	17 with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory
800	800	18 standards to define what constitutes a vote on an electronic voting
801	801	19 system.
802	802	20 (b) If a voter is not challenged by a member of the precinct election
803	803	21 board, the voter may pass the railing to the side where an electronic
804	804	22 voting system is and into the voting booth. There the voter shall
805	805	23 register the voter's vote in secret by indicating:
806	806	24 (1) the candidates for whom the voter desires to vote by touching
807	807	25 a device on or in the squares immediately above the candidates'
808	808	26 names;
809	809	27 (2) if the voter intends to cast a write-in vote, a write-in vote by
810	810	28 touching a device on or in the square immediately below the
811	811	29 candidates' names and printing the name of the candidate in the
812	812	30 window provided for write-in voting; and
813	813	31 (3) the voter's preference on each public question by touching a
814	814	32 device above the word "yes" or "no" under the question.
815	815	33 (c) If an election is a general or municipal election and a voter
816	816	34 desires to vote for all the candidates of one (1) political party or group
817	817	35 of petitioners, the voter may cast a straight party ticket by touching that
818	818	36 party's device. Except as provided in IC 3-11-7.5-10(b), the voter's vote
819	819	37 shall then be counted for all the candidates under that name. However,
820	820	38 if the voter casts a vote by touching the circle of an independent ticket
821	821	39 comprised of two (2) candidates, the vote shall not be counted for any
822	822	40 other independent candidate on the ballot.
823	823	41 (d) (c) As provided by 52 U.S.C. 21081, a voter casting a ballot on
824	824	42 an electronic voting system must be:
825	825	2024 IN 1095—LS 6716/DI 144 20
826	826	1 (1) permitted to verify in a private and independent manner the
827	827	2 votes selected by the voter before the ballot is cast and counted;
828	828	3 (2) provided the opportunity to change the ballot or correct any
829	829	4 error in a private and independent manner before the ballot is cast
830	830	5 and counted, including the opportunity to receive a replacement
831	831	6 ballot if the voter is otherwise unable to change or correct the
832	832	7 ballot; and
833	833	8 (3) notified before the ballot is cast regarding the effect of casting
834	834	9 multiple votes for the office and provided an opportunity to
835	835	10 correct the ballot before the ballot is cast and counted.
836	836	11 SECTION 19. IC 3-11-14.5-1, AS AMENDED BY P.L.135-2020,
837	837	12 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
838	838	13 JANUARY 1, 2025]: Sec. 1. (a) Not later than seventy-four (74) days
839	839	14 before election day, for each county planning to use an electronic
840	840	15 voting system at the next election, VSTOP shall provide each county
841	841	16 election board with a randomly sorted list of unique identification
842	842	17 numbers for the inventory of machines in the county maintained under
843	843	18 IC 3-11-16-4. Starting at the top of the list, the county election board
844	844	19 shall select machines in the list in the order listed so that:
845	845	20 (1) if a machine to be selected in the list is not scheduled to be
846	846	21 used in the upcoming election, the selection process will move to
847	847	22 the next machine in the order listed;
848	848	23 (2) each selected machine is scheduled to be used in the
849	849	24 upcoming election; and
850	850	25 (3) the number of machines selected is not less than five percent
851	851	26 (5%) of the machines in the county scheduled by the county
852	852	27 election board to be used in the upcoming election.
853	853	28 (b) The county election board shall test the machines as described
854	854	29 in subsection (a) to ascertain that the machines will correctly count the
855	855	30 votes cast for straight party tickets, for all candidates (including
856	856	31 write-in candidates) and on all public questions. If an individual
857	857	32 attending the public test requests that additional electronic voting
858	858	33 systems be tested, then the county election board shall select and test
859	859	34 additional machines from the list in the manner described in subsection
860	860	35 (a).
861	861	36 (c) If VSTOP does not provide the lists under subsection (a) not
862	862	37 later than sixty (60) days before the election, the county election board
863	863	38 shall establish and implement a procedure for random selection of not
864	864	39 less than five percent (5%) of the machines in the county. The county
865	865	40 election board shall then test the machines selected to be used in the
866	866	41 upcoming election as described in subsection (b).
867	867	42 (d) The testing under subsection (b) must begin before absentee
868	868	2024 IN 1095—LS 6716/DI 144 21
869	869	1 voting starts in the office of the circuit court clerk under IC 3-11-10-26.
870	870	2 (e) If a county election board determines that:
871	871	3 (1) a ballot provided by an electronic voting system:
872	872	4 (A) must be corrected as provided by IC 3-11-2-16 because of
873	873	5 the omission of a candidate, political party, or public question
874	874	6 from the ballot; or
875	875	7 (B) is an absentee ballot that a voter is entitled to recast under
876	876	8 IC 3-11.5-4-2 because the absentee ballot includes a candidate
877	877	9 for election to office who:
878	878	10 (i) ceased to be a candidate; and
879	879	11 (ii) has been succeeded by a candidate selected under
880	880	12 IC 3-13-1 or IC 3-13-2; and
881	881	13 (2) machines used in the test conducted under this section did not
882	882	14 contain a ballot that was reprinted or corrected to remove the
883	883	15 omission of a candidate, political party, or public question, or
884	884	16 indicate the name of the successor candidate;
885	885	17 the county election board shall conduct an additional public test
886	886	18 described in subsection (b) using the machines previously tested and
887	887	19 containing the reprinted or corrected ballots.
888	888	20 SECTION 20. IC 3-12-1-1, AS AMENDED BY P.L.64-2014,
889	889	21 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
890	890	22 JANUARY 1, 2025]: Sec. 1. Subject to sections 5, 6, 7, 8, 9, 9.5, and
891	891	23 13 of this chapter, the primary factor to be considered in determining
892	892	24 a voter's choice on a ballot is the intent of the voter. If the voter's intent
893	893	25 can be determined on the ballot or on part of the ballot, the vote shall
894	894	26 be counted for the affected candidate or candidates or on the public
895	895	27 question. However, if it is impossible to determine a voter's choice of
896	896	28 candidates on a part of a ballot or vote on a public question, then the
897	897	29 voter's vote concerning those candidates or public questions may not
898	898	30 be counted.
899	899	31 SECTION 21. IC 3-12-1-5, AS AMENDED BY P.L.278-2019,
900	900	32 SECTION 137, IS AMENDED TO READ AS FOLLOWS
901	901	33 [EFFECTIVE JANUARY 1, 2025]: Sec. 5. (a) This subsection does not
902	902	34 apply to a ballot card voting system or an electronic voting system.
903	903	35 Except as provided in subsection (d), A voting mark made by a voter
904	904	36 on or in a voting square at the left of a candidate's name or political
905	905	37 party's name shall be counted as a vote for the candidate. or candidates
906	906	38 of the political party.
907	907	39 (b) This subsection applies to a ballot card voting system. A voting
908	908	40 mark made by a voter:
909	909	41 (1) on or in a circle, oval, or square; or
910	910	42 (2) to connect a connectable arrow;
911	911	2024 IN 1095—LS 6716/DI 144 22
912	912	1 immediately below or beside a candidate's name or political party's
913	913	2 name shall be counted as a vote for the candidate. or candidates of the
914	914	3 political party, except as provided in subsection (d).
915	915	4 (c) This subsection applies to a direct record electronic voting
916	916	5 system. A voting mark made by a voter touching a touch sensitive point
917	917	6 or button below or beside a candidate's name or political party's name
918	918	7 shall be counted as a vote for the candidate. or candidates of the
919	919	8 political party, except as provided in subsection (d).
920	920	9 (d) A voter who wishes to cast a ballot for a candidate for election
921	921	10 to an at-large district to which more than one (1) person may be elected
922	922	11 on a:
923	923	12 (1) county council;
924	924	13 (2) city common council;
925	925	14 (3) town council; or
926	926	15 (4) township board;
927	927	16 must make a voting mark for each individual candidate for whom the
928	928	17 voter wishes to cast a vote. A straight ticket voting mark on a paper
929	929	18 ballot, ballot card voting system, or electronic voting system shall not
930	930	19 be counted as a straight party ticket voting mark as a vote for any
931	931	20 candidate for an office described by this subsection.
932	932	21 SECTION 22. IC 3-12-1-7, AS AMENDED BY P.L.21-2016,
933	933	22 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
934	934	23 JANUARY 1, 2025]: Sec. 7. (a) This subsection applies whenever a
935	935	24 voter:
936	936	25 (1) votes a straight party ticket; and
937	937	26 (2) votes only for one (1) or more individual candidates who are
938	938	27 all of the same political party as the straight ticket vote.
939	939	28 Except as provided in subsection (d) or (e), the straight ticket vote shall
940	940	29 be counted and the individual candidate votes may not be counted.
941	941	30 (b) This subsection applies whenever:
942	942	31 (1) a voter has voted a straight party ticket for the candidates of
943	943	32 one (1) political party;
944	944	33 (2) only one (1) person may be elected to an office; and
945	945	34 (3) the voter has voted for one (1) individual candidate for the
946	946	35 office described in subdivision (2) who is:
947	947	36 (A) a candidate of a political party other than the party for
948	948	37 which the voter voted a straight ticket; or
949	949	38 (B) an independent candidate or declared write-in candidate
950	950	39 for the office.
951	951	40 If the voter has voted for one (1) individual candidate for the office
952	952	41 described in subdivision (2), the individual candidate vote for that
953	953	42 office shall be counted, the straight party ticket vote for that office may
954	954	2024 IN 1095—LS 6716/DI 144 23
955	955	1 not be counted, and the straight party ticket votes for other offices on
956	956	2 the ballot shall be counted.
957	957	3 (c) This subsection applies whenever:
958	958	4 (1) a voter has voted a straight party ticket for the candidates of
959	959	5 one (1) political party; and
960	960	6 (2) the voter has voted for more individual candidates for the
961	961	7 office than the number of persons to be elected to that office.
962	962	8 The individual candidate votes for that office may not be counted, the
963	963	9 straight party ticket vote for that office may not be counted, and the
964	964	10 straight party ticket votes for other offices on the ballot shall be
965	965	11 counted.
966	966	12 (d) This subsection applies whenever:
967	967	13 (1) a voter has voted a straight party ticket for the candidates of
968	968	14 one (1) political party;
969	969	15 (2) more than one (1) person may be elected to an office; and
970	970	16 (3) the voter has voted for individual candidates for the office
971	971	17 described in subdivision (2) who are:
972	972	18 (A) independent candidates or declared write-in candidates;
973	973	19 (B) candidates of a political party other than the political party
974	974	20 for which the voter cast a straight party ticket under
975	975	21 subdivision (1); or
976	976	22 (C) a combination of candidates described in clauses (A) and
977	977	23 (B).
978	978	24 The individual votes cast by the voter for the office for the independent
979	979	25 candidates, declared write-in candidates, and the candidates of a
980	980	26 political party other than the political party for which the voter cast a
981	981	27 straight party ticket shall be counted unless the total number of these
982	982	28 individual votes is greater than the number of persons to be elected to
983	983	29 the office. The straight party ticket votes for the office shall not be
984	984	30 counted. The straight party ticket votes for other offices on the voter's
985	985	31 ballot shall be counted.
986	986	32 (e) This subsection applies whenever:
987	987	33 (1) a voter has voted a straight party ticket for the candidates of
988	988	34 one (1) political party;
989	989	35 (2) more than one (1) person may be elected to an office; and
990	990	36 (3) the voter has voted for individual candidates for the office
991	991	37 described in subdivision (2) who are:
992	992	38 (A) independent candidates, declared write-in candidates, or
993	993	39 candidates of a political party other than the political party for
994	994	40 which the voter cast a straight party ticket under subdivision
995	995	41 (1); and
996	996	42 (B) candidates of the same political party for which the voter
997	997	2024 IN 1095—LS 6716/DI 144 24
998	998	1 cast a straight party ticket under subdivision (1).
999	999	2 The individual votes cast by the voter for the office for the independent
1000	1000	3 candidates, the declared write-in candidates, and the candidates of a
1001	1001	4 political party other than the political party for which the voter cast a
1002	1002	5 straight party ticket, and the candidates of the political party for which
1003	1003	6 the voter cast a straight party ticket shall be counted unless the total
1004	1004	7 number of these individual votes is greater than the number of persons
1005	1005	8 to be elected to the office. The straight party ticket votes for the office
1006	1006	9 shall not be counted. The straight party ticket votes for other offices on
1007	1007	10 the voter's ballot shall be counted.
1008	1008	11 (f) If a voter votes a straight party ticket for more than one (1)
1009	1009	12 political party, the whole ballot is void with regard to all candidates
1010	1010	13 nominated by a political party, declared write-in candidates, or
1011	1011	14 candidates designated as independent candidates on the ballot.
1012	1012	15 However, the voter's vote for a school board candidate or on a public
1013	1013	16 question shall be counted if otherwise valid under this chapter.
1014	1014	17 (g) (a) If a voter does not vote a straight party ticket and the number
1015	1015	18 of votes cast by that a voter for the candidates for an office are less
1016	1016	19 than or equal to the number of openings for that office, the individual
1017	1017	20 candidates votes shall be counted.
1018	1018	21 (h) (b) If a voter does not vote a straight party ticket and the number
1019	1019	22 of votes cast by that a voter for an office exceeds the number of
1020	1020	23 openings for that office, none of the votes concerning that office may
1021	1021	24 be counted.
1022	1022	25 SECTION 23. IC 3-12-1-7.5, AS AMENDED BY P.L.21-2016,
1023	1023	26 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1024	1024	27 JANUARY 1, 2025]: Sec. 7.5. (a) If a voter votes for one (1) individual
1025	1025	28 candidate for an office for which only one (1) person may be elected
1026	1026	29 and also writes in the name of another candidate for the same office,
1027	1027	30 neither vote may be counted.
1028	1028	31 (b) If a voter votes for at least one (1) individual candidate for an
1029	1029	32 office for which at least two (2) people may be elected and also writes
1030	1030	33 in the name of at least one (1) candidate, the vote for that office may
1031	1031	34 not be counted unless the number of individual votes cast for the office,
1032	1032	35 when added to the number of write-in votes cast for that office, is less
1033	1033	36 than or equal to the number of seats available for that office.
1034	1034	37 (c) If a voter votes an individual or a straight party vote for a
1035	1035	38 candidate for an office and also writes in the name of the same
1036	1036	39 candidate for the same office, only one (1) vote for that candidate may
1037	1037	40 be counted.
1038	1038	41 SECTION 24. IC 3-12-1-8 IS REPEALED [EFFECTIVE
1039	1039	42 JANUARY 1, 2025]. Sec. 8. (a) Except as provided in subsection (b),
1040	1040	2024 IN 1095—LS 6716/DI 144 25
1041	1041	1 a voting mark made by a voter on or in a circle containing a political
1042	1042	2 party device shall be counted as a vote for each candidate of that
1043	1043	3 political party on that ballot.
1044	1044	4 (b) A voter who wishes to cast a ballot for a candidate for election
1045	1045	5 to an at-large district to which more than one (1) person may be elected
1046	1046	6 on a:
1047	1047	7 (1) county council;
1048	1048	8 (2) city common council;
1049	1049	9 (3) town council; or
1050	1050	10 (4) township board;
1051	1051	11 must make a voting mark for each individual candidate for whom the
1052	1052	12 voter wishes to cast a vote. A voting mark on or in a circle containing
1053	1053	13 a political party device shall not be counted as a straight party ticket
1054	1054	14 voting mark as a vote for any candidate for an office described by this
1055	1055	15 subsection.
1056	1056	16 SECTION 25. IC 3-12-1-14 IS AMENDED TO READ AS
1057	1057	17 FOLLOWS [EFFECTIVE JANUARY 1, 2025]: Sec. 14. (a) This
1058	1058	18 section does not apply to a vote
1059	1059	19 (1) cast for President or Vice President of the United States under
1060	1060	20 IC 3-10-4-6. or
1061	1061	21 (2) described by section 15 of this chapter.
1062	1062	22 (b) A vote cast for a candidate who ceases to be a candidate may not
1063	1063	23 be counted as a vote for a successor candidate selected under IC 3-13-1
1064	1064	24 or IC 3-13-2.
1065	1065	25 SECTION 26. IC 3-12-1-15 IS REPEALED [EFFECTIVE
1066	1066	26 JANUARY 1, 2025]. Sec. 15. (a) This section does not apply to a
1067	1067	27 candidate for an at-large office of a county council, city common
1068	1068	28 council, town council, or township board, if those offices appear on a
1069	1069	29 ballot.
1070	1070	30 (b) This section applies to a vote cast for one (1) straight party ticket
1071	1071	31 that includes a candidate for election to office who:
1072	1072	32 (1) ceases to be a candidate; and
1073	1073	33 (2) is succeeded by a candidate selected under IC 3-13-1 or
1074	1074	34 IC 3-13-2.
1075	1075	35 (c) A vote cast in the election for the original nominee is considered
1076	1076	36 a vote cast for the successor.
1077	1077	2024 IN 1095—LS 6716/DI 144