IN
Indiana House Bill HB1264

Indiana 2024 Regular Session

Indiana House Bill HB1264 Compare Versions

OldNewDifferences
1+*EH1264.1*
2+February 21, 2024
3+ENGROSSED
4+HOUSE BILL No. 1264
5+_____
6+DIGEST OF HB 1264 (Updated February 19, 2024 11:13 am - DI 140)
7+Citations Affected: IC 3-5; IC 3-7; IC 3-10; IC 3-11; IC 3-11.5;
8+IC 3-11.7; IC 3-14.
9+Synopsis: Election security. Provides that a political subdivision that
10+conducts or administers an election may not join the membership of, or
11+participate in a program offered by, a person who has directly financed
12+certain elections activities. Specifies proof of residency requirements
13+that apply to certain individuals who register to vote in person at a
14+registration agency. Makes conforming amendments to provisions that
15+concern proof of residency requirements that apply to certain
16+individuals who register to vote by mail. Requires the statewide voter
17+registration system (SVRS) to contain a feature that identifies voter
18+registrations that list a potential nonresidential address. Specifies a
19+process that a county voter registration official must follow if this
20+feature identifies a voter registration that lists a potential nonresidential
21+address. Allows the secretary of state to contract with a company to
22+receive commercially available data. Requires the National Voter
23+Registration Act (NVRA) official or a contractor to use this
24+(Continued next page)
25+Effective: July 1, 2024; January 1, 2025; July 1, 2025.
26+Wesco, Goodrich, Speedy
27+(SENATE SPONSORS — GASKILL, KOCH)
28+January 9, 2024, read first time and referred to Committee on Elections and
29+Apportionment.
30+January 18, 2024, amended, reported — Do Pass.
31+January 25, 2024, read second time, amended, ordered engrossed.
32+January 26, 2024, engrossed.
33+January 29, 2024, read third time, passed. Yeas 67, nays 29.
34+SENATE ACTION
35+February 5, 2024, read first time and referred to Committee on Elections.
36+February 20, 2024, reported favorably — Do Pass.
37+EH 1264—LS 6963/DI 144 Digest Continued
38+information to identify a voter whose residence may have changed.
39+Requires the NVRA official to compare the SVRS with the bureau of
40+motor vehicles list of temporary credentials. Specifies a process that
41+must be followed if evidence exists that a registered voter is not a
42+citizen of the United States. Requires the state to provide to each
43+county voter registration office information concerning a voter who is
44+disqualified or potentially disqualified as a prospective juror from jury
45+service because the voter is not a United States citizen. Specifies the
46+actions a county voter registration office must take concerning certain
47+juror information. Provides that a voter shall mark the voter's political
48+party ballot selection on the electronic poll book instead of
49+communicating the selection to the poll clerks. Requires an electronic
50+poll book to permit reports to be electronically transmitted by the
51+county election board to a political party or independent candidate who
52+is eligible to appoint a watcher. (Current law applies this requirement
53+to a political party or independent candidate who has appointed a
54+watcher.)
55+EH 1264—LS 6963/DI 144EH 1264—LS 6963/DI 144 February 21, 2024
156 Second Regular Session of the 123rd General Assembly (2024)
257 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
358 Constitution) is being amended, the text of the existing provision will appear in this style type,
459 additions will appear in this style type, and deletions will appear in this style type.
560 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
661 provision adopted), the text of the new provision will appear in this style type. Also, the
762 word NEW will appear in that style type in the introductory clause of each SECTION that adds
863 a new provision to the Indiana Code or the Indiana Constitution.
964 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1065 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1264
12-AN ACT to amend the Indiana Code concerning elections.
66+ENGROSSED
67+HOUSE BILL No. 1264
68+A BILL FOR AN ACT to amend the Indiana Code concerning
69+elections.
1370 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 3-5-3-1, AS AMENDED BY THE TECHNICAL
15-CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
16-AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
17-Sec. 1. (a) Except as provided in sections 7 through 10 of this chapter,
18-the county auditor shall pay the expenses of voter registration and for
19-all election supplies, equipment, and expenses out of the county
20-treasury in the manner provided by law. The county fiscal body shall
21-make the necessary appropriations for these purposes.
22-(b) The county executive shall pay to the circuit court clerk or board
23-of registration the expenses of:
24-(1) removing voters from the registration record under IC 3-7-43,
25-IC 3-7-45, or IC 3-7-46; and
26-(2) performing voter list maintenance programs under IC 3-7;
27-out of the county treasury without appropriation.
28-(c) Registration expenses incurred by a circuit court clerk or board
29-of registration for:
30-(1) the salaries of members of a board of registration appointed
31-under IC 3-7-12-9;
32-(2) the salaries of chief clerks appointed under IC 3-7-12-17; and
33-(3) the salaries of assistants employed under IC 3-7-12-19;
34-may not be charged to a municipality. However, the municipality may
35-be charged for wages of extra persons employed to provide additional
36-HEA 1264 2
37-assistance reasonably related to the municipal election.
38-(d) A political subdivision that conducts or administers an election
39-may not:
40-(1) accept private money donations; or
41-(2) receive funds or expend funds received;
42-from a person for preparing, administering, or conducting elections or
43-employing individuals on a temporary basis for the purpose of
44-preparing, administering, or conducting elections, including registering
45-voters. This subsection does not prohibit a political subdivision from
46-receiving or expending funds from the state or from the federal
47-government to prepare for, administer, or conduct an election.
48-(e) A political subdivision that conducts or administers an
71+1 SECTION 1. IC 3-5-3-1, AS AMENDED BY THE TECHNICAL
72+2 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
73+3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
74+4 Sec. 1. (a) Except as provided in sections 7 through 10 of this chapter,
75+5 the county auditor shall pay the expenses of voter registration and for
76+6 all election supplies, equipment, and expenses out of the county
77+7 treasury in the manner provided by law. The county fiscal body shall
78+8 make the necessary appropriations for these purposes.
79+9 (b) The county executive shall pay to the circuit court clerk or board
80+10 of registration the expenses of:
81+11 (1) removing voters from the registration record under IC 3-7-43,
82+12 IC 3-7-45, or IC 3-7-46; and
83+13 (2) performing voter list maintenance programs under IC 3-7;
84+14 out of the county treasury without appropriation.
85+15 (c) Registration expenses incurred by a circuit court clerk or board
86+16 of registration for:
87+17 (1) the salaries of members of a board of registration appointed
88+EH 1264—LS 6963/DI 144 2
89+1 under IC 3-7-12-9;
90+2 (2) the salaries of chief clerks appointed under IC 3-7-12-17; and
91+3 (3) the salaries of assistants employed under IC 3-7-12-19;
92+4 may not be charged to a municipality. However, the municipality may
93+5 be charged for wages of extra persons employed to provide additional
94+6 assistance reasonably related to the municipal election.
95+7 (d) A political subdivision that conducts or administers an election
96+8 may not:
97+9 (1) accept private money donations; or
98+10 (2) receive funds or expend funds received;
99+11 from a person for preparing, administering, or conducting elections or
100+12 employing individuals on a temporary basis for the purpose of
101+13 preparing, administering, or conducting elections, including registering
102+14 voters. This subsection does not prohibit a political subdivision from
103+15 receiving or expending funds from the state or from the federal
104+16 government to prepare for, administer, or conduct an election.
105+17 (e) A political subdivision that conducts or administers an
106+18 election may not join the membership of, or participate in a
107+19 program offered by, a person who has directly financed:
108+20 (1) preparing, administrating, or conducting elections; or
109+21 (2) employing individuals on a temporary basis for the
110+22 purpose of preparing, administering, or conducting elections,
111+23 including registering voters.
112+24 For purposes of this subsection, a person does not include the local,
113+25 state, or federal government.
114+26 SECTION 2. IC 3-5-8-2, AS AMENDED BY P.L.128-2015,
115+27 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
116+28 JULY 1, 2024]: Sec. 2. The statement required by section 1 of this
117+29 chapter must contain the following:
118+30 (1) A statement of the qualifications that an individual must meet
119+31 to vote in Indiana, including qualifications relating to registration.
120+32 (2) A statement describing the circumstances that permit a voter
121+33 who has moved from the precinct where the voter is registered to
122+34 return to that precinct to vote.
123+35 (3) A statement that an individual who meets the qualifications
124+36 and circumstances listed in subdivisions (1) and (2) may vote in
125+37 the election.
126+38 (4) A statement describing how a voter who is challenged at the
127+39 polls may be permitted to vote.
128+40 (5) The date of the election and the hours during which the polls
129+41 will be open, as required by 52 U.S.C. 21082.
130+42 (6) Instructions on how to vote, including how to cast a vote and
131+EH 1264—LS 6963/DI 144 3
132+1 how to cast a provisional ballot, as required by 52 U.S.C. 21082.
133+2 (7) Instructions for:
134+3 (A) mail-in registrants and first time voters under
135+4 IC 3-7-33-4.5 and 52 U.S.C. 21083, as required under 52
136+5 U.S.C. 21082; and
137+6 (B) in-person registrants and first time voters under
138+7 IC 3-7-33-4.7.
139+8 (8) General information on voting rights under applicable federal
140+9 and state laws, including the right of an individual to cast a
141+10 provisional ballot and instructions on how to contact the
142+11 appropriate officials if these rights are alleged to have been
143+12 violated, as required under 52 U.S.C. 21082.
144+13 (9) General information on federal and state laws regarding
145+14 prohibitions on acts of fraud and misrepresentation, as required
146+15 under 52 U.S.C. 21082.
147+16 (10) A statement informing the voter what assistance is available
148+17 to assist the voter at the polls.
149+18 (11) A statement informing the voter what circumstances will
150+19 spoil the voter's ballot and the procedures available for the voter
151+20 to request a new ballot.
152+21 (12) A statement describing which voters will be permitted to
153+22 vote at the closing of the polls.
154+23 (13) Other information that the commission considers important
155+24 for a voter to know.
156+25 SECTION 3. IC 3-7-14-7, AS AMENDED BY P.L.128-2015,
157+26 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
158+27 JULY 1, 2024]: Sec. 7. (a) As provided in 52 U.S.C. 20504(c)(2), the
159+28 registration form described in section 5 of this chapter must meet the
160+29 following requirements:
161+30 (1) The form may not require information that duplicates
162+31 information required in the driver's license application part of the
163+32 form, except as set forth in subdivision (3).
164+33 (2) The form may require only the minimum amount of
165+34 information necessary to do the following:
166+35 (A) Prevent duplication of voter registrations.
167+36 (B) Permit the circuit court clerk or board of registration to:
168+37 (i) assess the eligibility of the applicant; and
169+38 (ii) administer the election and voter registration system.
170+39 (3) The form must include a statement that does the following:
171+40 (A) Sets forth each eligibility requirement for registration
172+41 (including citizenship).
173+42 (B) Contains an attestation that the applicant meets each of the
174+EH 1264—LS 6963/DI 144 4
175+1 eligibility requirements.
176+2 (C) Requires the signature of the applicant, under penalty of
177+3 perjury.
178+4 (4) The form must include the following, in print that is identical
179+5 to the print used in the attestation part of the application:
180+6 (A) Information setting forth the penalties provided by law for
181+7 submission of a false voter registration application.
182+8 (B) A statement that, if an applicant declines to register to
183+9 vote, the fact that the applicant has declined to register will
184+10 remain confidential and will be used only for voter registration
185+11 purposes.
186+12 (C) A statement that if an applicant does register to vote, the
187+13 office at which the applicant submits a voter registration
188+14 application will remain confidential and will be used only for
189+15 voter registration purposes.
190+16 (b) The registration form described in section 5 of this chapter
191+17 must include a statement informing the individual that if the
192+18 individual is registering for the first time, the appropriate
193+19 information required under IC 3-7-33-4.7 must be submitted with
194+20 the registration form in order to avoid the additional identification
195+21 requirements upon voting for the first time.
196+22 SECTION 4. IC 3-7-15-5, AS AMENDED BY P.L.169-2015,
197+23 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
198+24 JULY 1, 2024]: Sec. 5. (a) The registration form prescribed under
199+25 section 4 of this chapter must meet the following requirements:
200+26 (1) The form must be equivalent to the mail registration form
201+27 prescribed by the election division under IC 3-7-31 and in
202+28 compliance with 52 U.S.C. 20506(a)(6)(A)(ii).
203+29 (2) The form must include a statement that does the following:
204+30 (A) Sets forth each eligibility requirement for registration
205+31 (including citizenship).
206+32 (B) Contains an attestation that the applicant meets each of the
207+33 eligibility requirements.
208+34 (C) Requires the signature of the applicant, under penalty of
209+35 perjury, and the date the form was signed.
210+36 (3) The form must include the following as provided in 52 U.S.C.
211+37 20506(a)(6)(B):
212+38 (A) A question reading "If you are not registered to vote where
213+39 you live now, would you like to apply to register to vote here
214+40 today?".
215+41 (B) A statement reading "Applying to register or declining to
216+42 register to vote will not affect the amount of assistance that
217+EH 1264—LS 6963/DI 144 5
218+1 you will be provided by this agency.".
219+2 (C) Boxes for the applicant to check to indicate whether the
220+3 applicant would like to register or declines to register to vote.
221+4 (D) A statement in close proximity to the boxes and in
222+5 prominent type: "IF YOU DO NOT CHECK EITHER BOX,
223+6 YOU WILL BE CONSIDERED TO HAVE DECIDED NOT
224+7 TO REGISTER TO VOTE AT THIS TIME.".
225+8 (E) A statement reading "If you would like help in filling out
226+9 the voter registration application form, we will help you. The
227+10 decision whether to seek or accept help is yours. You may fill
228+11 out the application form in private.".
229+12 (F) A statement reading "If you believe that someone has
230+13 interfered with your right to register or to decline to register to
231+14 vote, or your right to choose your political party or other
232+15 political preference, you may file a complaint with (insert the
233+16 title, address, and telephone number of the NVRA official). If
234+17 you want you may first try to solve the problem by filing a
235+18 complaint with the county voter registration office of the
236+19 county where the violation occurred.".
237+20 (b) The registration form prescribed under section 4 of this
238+21 chapter must include a statement informing the individual that if
239+22 the individual is registering for the first time, the appropriate
240+23 information required under IC 3-7-33-4.7 must be submitted with
241+24 the registration form in order to avoid the additional identification
242+25 requirements upon voting for the first time.
243+26 SECTION 5. IC 3-7-15-7 IS AMENDED TO READ AS FOLLOWS
244+27 [EFFECTIVE JULY 1, 2024]: Sec. 7. An applicant who fails to check
245+28 either box described in section 5(3) 5(a)(3) of this chapter or to sign a
246+29 separate declination form under section 6 of this chapter shall be
247+30 considered to have declined to register.
248+31 SECTION 6. IC 3-7-16-12, AS AMENDED BY P.L.169-2015,
249+32 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
250+33 JULY 1, 2024]: Sec. 12. (a) The registration form prescribed under
251+34 section 11 of this chapter must meet the following requirements:
252+35 (1) The form must be equivalent to the mail registration form
253+36 prescribed by the election division under IC 3-7-31 and in
254+37 compliance with 52 U.S.C. 20506(a)(6)(A)(ii).
255+38 (2) The form must include a statement that does the following:
256+39 (A) Sets forth each eligibility requirement for registration
257+40 (including citizenship).
258+41 (B) Contains an attestation that the applicant meets each of the
259+42 eligibility requirements.
260+EH 1264—LS 6963/DI 144 6
261+1 (C) Requires the signature of the applicant, under penalty of
262+2 perjury, and the date the form was signed.
263+3 (3) The form must include the following as provided in 52 U.S.C.
264+4 20506(a)(6)(B):
265+5 (A) A question reading "If you are not registered to vote where
266+6 you live now, would you like to apply to register to vote here
267+7 today?".
268+8 (B) A statement reading "Applying to register or declining to
269+9 register to vote will not affect the amount of assistance that
270+10 you will be provided by this agency.".
271+11 (C) Boxes for the applicant to check to indicate whether the
272+12 applicant would like to register or declines to register to vote.
273+13 (D) A statement in close proximity to the boxes and in
274+14 prominent type: "IF YOU DO NOT CHECK EITHER BOX,
275+15 YOU WILL BE CONSIDERED TO HAVE DECIDED NOT
276+16 TO REGISTER TO VOTE AT THIS TIME.".
277+17 (E) A statement reading "If you would like help in filling out
278+18 the voter registration application form, we will help you. The
279+19 decision whether to seek or accept help is yours. You may fill
280+20 out the application form in private.".
281+21 (F) A statement reading "If you believe that someone has
282+22 interfered with your right to register or to decline to register to
283+23 vote, or your right to choose your political party or other
284+24 political preference, you may file a complaint with (insert the
285+25 title, address, and telephone number of the NVRA official). If
286+26 you want you may first try to solve the problem by filing a
287+27 complaint with the county voter registration office of the
288+28 county where the violation occurred.".
289+29 (4) The form must be designed to make voter registration as
290+30 accessible as possible for persons with disabilities.
291+31 (b) The registration form prescribed under section 11 of this
292+32 chapter must include a statement informing the individual that if
293+33 the individual is registering for the first time, the appropriate
294+34 information required under IC 3-7-33-4.7 must be submitted with
295+35 the registration form in order to avoid the additional identification
296+36 requirements upon voting for the first time.
297+37 SECTION 7. IC 3-7-16-14 IS AMENDED TO READ AS
298+38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. An applicant who
299+39 fails to check either box described in section 12(3) 12(a)(3) of this
300+40 chapter or to sign a separate declination form under section 13 of this
301+41 chapter shall be considered to have declined to register.
302+42 SECTION 8. IC 3-7-18-4, AS AMENDED BY P.L.169-2015,
303+EH 1264—LS 6963/DI 144 7
304+1 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
305+2 JULY 1, 2024]: Sec. 4. (a) The registration form prescribed under
306+3 section 3 of this chapter must meet the following requirements:
307+4 (1) The form must be equivalent to the mail registration form
308+5 prescribed by the election division under IC 3-7-31 and in
309+6 compliance with 52 U.S.C. 20506(a)(6)(A)(ii).
310+7 (2) The form must include a statement that does the following:
311+8 (A) Sets forth each eligibility requirement for registration
312+9 (including citizenship).
313+10 (B) Contains an attestation that the applicant meets each of the
314+11 eligibility requirements.
315+12 (C) Requires the signature of the applicant, under penalty of
316+13 perjury, and the date the form was signed.
317+14 (3) The form must include the following as provided in 52 U.S.C.
318+15 20506(a)(6)(B):
319+16 (A) A question reading "If you are not registered to vote where
320+17 you live now, would you like to apply to register to vote here
321+18 today?".
322+19 (B) A statement reading "Applying to register or declining to
323+20 register to vote will not affect the amount of assistance that
324+21 you will be provided by this agency.".
325+22 (C) Boxes for the applicant to check to indicate whether the
326+23 applicant would like to register or declines to register to vote.
327+24 (D) A statement in close proximity to the boxes and in
328+25 prominent type: "IF YOU DO NOT CHECK EITHER BOX,
329+26 YOU WILL BE CONSIDERED TO HAVE DECIDED NOT
330+27 TO REGISTER TO VOTE AT THIS TIME.".
331+28 (E) A statement reading "If you would like help in filling out
332+29 the voter registration application form, we will help you. The
333+30 decision whether to seek or accept help is yours. You may fill
334+31 out the application form in private.".
335+32 (F) A statement reading "If you believe that someone has
336+33 interfered with your right to register or to decline to register to
337+34 vote, or your right to choose your political party or other
338+35 political preference, you may file a complaint with (insert the
339+36 title, address, and telephone number of the NVRA official). If
340+37 you want you may first try to solve the problem by filing a
341+38 complaint with the county voter registration office of the
342+39 county where the violation occurred.".
343+40 (b) The registration form prescribed under section 3 of this
344+41 chapter must include a statement informing the individual that if
345+42 the individual is registering for the first time, the appropriate
346+EH 1264—LS 6963/DI 144 8
347+1 information required under IC 3-7-33-4.7 must be submitted with
348+2 the registration form in order to avoid the additional identification
349+3 requirements upon voting for the first time.
350+4 SECTION 9. IC 3-7-18-6 IS AMENDED TO READ AS FOLLOWS
351+5 [EFFECTIVE JULY 1, 2024]: Sec. 6. An applicant who fails to check
352+6 either box described in section 4(3) 4(a)(3) of this chapter or to sign a
353+7 separate declination form under section 5 of this chapter shall be
354+8 considered to have declined to register.
355+9 SECTION 10. IC 3-7-22-5, AS AMENDED BY P.L.128-2015,
356+10 SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
357+11 JULY 1, 2024]: Sec. 5. A mail registration form prescribed under
358+12 section 3 of this chapter must meet the following requirements:
359+13 (1) The form must include a statement that does the following:
360+14 (A) Sets forth each eligibility requirement for registration
361+15 (including citizenship).
362+16 (B) Contains an attestation that the applicant meets each of the
363+17 eligibility requirements.
364+18 (C) Requires the signature of the applicant, under penalty of
365+19 perjury.
366+20 (2) The form must include, in print that is identical to the print
367+21 used in the attestation part of the application, information setting
368+22 forth the penalties provided by law for submission of a false voter
369+23 registration application.
370+24 (3) The question "Are you a citizen of the United States of
371+25 America?" and boxes for the applicant to check to indicate
372+26 whether the applicant is or is not a citizen of the United States.
373+27 (4) The question "Will you be 18 years of age on or before
374+28 election day?" and boxes for the applicant to check to indicate
375+29 whether or not the applicant will be eighteen (18) years of age on
376+30 or before election day.
377+31 (5) A statement informing the individual that, if the form is
378+32 submitted by mail and the individual is registering for the first
379+33 time, the appropriate information required under 52 U.S.C. 21083
380+34 or IC 3-7-33-4.7 must be submitted with the mail-in registration
381+35 form in order to avoid the additional identification requirements
382+36 upon voting for the first time.
383+37 SECTION 11. IC 3-7-27-20.2, AS AMENDED BY P.L.164-2006,
384+38 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
385+39 JULY 1, 2024]: Sec. 20.2. (a) The county voter registration office shall
386+40 prepare an entry in the computerized system indicating:
387+41 (1) whether the applicant was required to provide documentation
388+42 under IC 3-7-33-4.5 or IC 3-7-33-4.7; and
389+EH 1264—LS 6963/DI 144 9
390+1 (2) if so, whether the required documentation has been provided.
391+2 (b) If the documentation required under IC 3-7-33-4.5 or
392+3 IC 3-7-33-4.7 has been provided, the entry must include the following:
393+4 (1) The date the documentation was filed with the county voter
394+5 registration office.
395+6 (2) Whether the documentation was filed with the county voter
396+7 registration office by:
397+8 (A) a precinct election board after the person voted in person
398+9 at the polling place;
399+10 (B) the county election board after the person applied to cast
400+11 an absentee ballot; or
401+12 (C) the applicant as part of the original filing of the application
402+13 to register to vote, or in a subsequent filing received by the
403+14 county voter registration office.
404+15 (3) A brief description of the type of documentation provided.
405+16 The election division shall provide each county voter registration office
406+17 with a suggested coding system for identifying the types of
407+18 documentation.
408+19 SECTION 12. IC 3-7-29-1, AS AMENDED BY P.L.169-2015,
409+20 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
410+21 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (f), this
411+22 section does not apply to a county that:
412+23 (1) has adopted an order under section 6(a)(1) of this chapter; or
413+24 (2) is a vote center county under IC 3-11-18.1.
414+25 (b) Not later than ten (10) days before the election at which the
415+26 registration record is to be used, the county voter registration office
416+27 shall prepare certified copies of the list of registered voters for each
417+28 precinct in the county.
418+29 (c) The lists must contain the following information concerning
419+30 each registered voter:
420+31 (1) The full name of the voter.
421+32 (2) The address of the voter.
422+33 (3) The assigned voter identification number.
423+34 (4) Whether the voter is required to provide additional
424+35 identification before voting either in person or by absentee ballot.
425+36 (5) The date of birth of the voter, including an indication whether
426+37 the voter is less than eighteen (18) years of age for a poll list used
427+38 in a primary election.
428+39 (6) The scanned signature of the voter.
429+40 (7) Whether the voter is required to provide an affirmation of the
430+41 voter's residence.
431+42 (8) A bar code that allows the county voter registration office to
432+EH 1264—LS 6963/DI 144 10
433+1 efficiently record whether the voter has signed the poll list.
434+2 (9) For a poll list used in a primary election, a letter abbreviation
435+3 of the name of the major political party whose ballot the voter has
436+4 requested.
437+5 (10) A space for a poll clerk to indicate when a voter has cast an
438+6 absentee ballot.
439+7 (11) A space for a poll clerk to indicate when a voter has cast a
440+8 provisional ballot.
441+9 (12) For a voter required to submit additional documentation
442+10 required under IC 3-7-33-4.5 or IC 3-7-33-4.7, a space for a poll
443+11 clerk to insert letters serving as an abbreviation for the type of
444+12 documentation provided by the voter.
445+13 (d) The names shall be arranged in the same order as they are in the
446+14 registration record of the precinct.
447+15 (e) The poll list must also contain a statement at the top of each
448+16 page indicating that an individual who knowingly makes a false
449+17 statement:
450+18 (1) by signing a poll list; or
451+19 (2) on a poll list concerning the individual's name, voter
452+20 identification number, or residence address;
453+21 commits a Level 6 felony as provided by IC 3-14-2-11.
454+22 (f) This subsection applies to a county that has adopted an order
455+23 under section 6(a)(1) of this chapter or is a vote center county under
456+24 IC 3-11-18.1. The precinct election board shall post in a location within
457+25 the precinct or vote center a notice that:
458+26 (1) is clearly visible to an individual (or to an individual providing
459+27 assistance under IC 3-11-9) who is providing information to a
460+28 precinct election officer using an electronic poll book; and
461+29 (2) indicates that an individual commits a Level 6 felony under
462+30 IC 3-14-2-11, if the individual knowingly makes a false statement
463+31 to a precinct election officer concerning:
464+32 (A) the individual's name;
465+33 (B) the individual's voter identification number; or
466+34 (C) the individual's residence address.
467+35 SECTION 13. IC 3-7-33-4.7 IS ADDED TO THE INDIANA CODE
468+36 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
469+37 1, 2024]: Sec. 4.7. (a) The requirements of this section:
470+38 (1) apply to an individual who has not previously voted in:
471+39 (A) a general election in Indiana (or a special election for
472+40 federal office in Indiana); or
473+41 (B) a general election (or a special election for federal
474+42 office) in the county where the individual has submitted a
475+EH 1264—LS 6963/DI 144 11
476+1 registration application if the application was received by
477+2 the county voter registration office after December 31,
478+3 2002, and before January 1, 2006; and
479+4 (2) do not apply to an individual who:
480+5 (A) submits with the individual's application the:
481+6 (i) individual's Indiana driver's license number; or
482+7 (ii) last four (4) digits of the individual's Social Security
483+8 number;
484+9 and the county voter registration office or election division
485+10 matches the information submitted by the applicant with
486+11 an existing Indiana identification record bearing the same
487+12 identification number, name, and date of birth set forth in
488+13 the voter registration application;
489+14 (B) is an absent uniformed services voter or overseas
490+15 voter;
491+16 (C) is entitled to vote other than in person under the
492+17 federal Voting Accessibility for the Elderly and
493+18 Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)) due to a
494+19 determination by the election division that a permanent or
495+20 temporarily accessible polling place cannot be provided for
496+21 the individual; or
497+22 (D) is entitled to vote other than in person under any other
498+23 federal law.
499+24 (b) Subject to subsection (c), an individual who applies to
500+25 register to vote in person at a registration agency shall present with
501+26 the individual's application:
502+27 (1) a current and valid photo identification; or
503+28 (2) a current utility bill, bank statement, government check,
504+29 paycheck, or government document;
505+30 that shows the name and residence address of the voter stated on
506+31 the voter registration application.
507+32 (c) When a county voter registration office receives a voter
508+33 registration application under subsection (b), the office shall
509+34 determine whether the applicant:
510+35 (1) complied with the proof of residence requirements under
511+36 subsection (b); or
512+37 (2) must provide additional documentation to comply with the
513+38 proof of residence requirements under subsection (b).
514+39 (d) If the county voter registration office determines that the
515+40 applicant:
516+41 (1) is not required to submit additional documentation under
517+42 subsection (b); or
518+EH 1264—LS 6963/DI 144 12
519+1 (2) has provided the documentation required under subsection
520+2 (b);
521+3 the county voter registration office shall process the application in
522+4 accordance with section 5 of this chapter.
523+5 (e) If the county voter registration office determines that the
524+6 applicant is required to submit additional documentation under
525+7 subsection (b), the office shall process the application under section
526+8 5 of this chapter and, if the applicant is otherwise eligible to vote,
527+9 add the information concerning this documentation to the voter's
528+10 computerized registration entry under IC 3-7-27-20.2.
529+11 (f) The county voter registration office shall remove the notation
530+12 described in subsection (e) after the voter votes in an election for
531+13 a federal office.
532+14 (g) The requirements of this section must be administered in a
533+15 uniform and nondiscriminatory manner.
534+16 SECTION 14. IC 3-7-33-5.7, AS ADDED BY P.L.227-2023,
535+17 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
536+18 JULY 1, 2024]: Sec. 5.7. (a) The statewide voter registration system
537+19 must contain a feature that identifies:
538+20 (1) potential nonresidential addresses submitted on voter
539+21 registration applications; and
540+22 (2) voter registrations in the statewide voter registration
541+23 system that list a potential nonresidential address.
542+24 (b) This subsection applies to an application with a residence
543+25 address that the statewide voter registration system identifies as a
544+26 potential nonresidential address. Before the county voter registration
545+27 official makes a determination on the application under section 5 of
546+28 this chapter, the official shall conduct research on the application to
547+29 determine if:
548+30 (1) an individual could reside at the address stated on the
549+31 application; or
550+32 (2) the applicant resides at a nontraditional address described in
551+33 IC 3-5-5-18.
552+34 SECTION 15. IC 3-7-38.2-2, AS AMENDED BY P.L.141-2020,
553+35 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
554+36 JANUARY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b)
555+37 or (c), a voter list maintenance program conducted under this chapter
556+38 must:
557+39 (1) be uniform, nondiscriminatory, and in compliance with the
558+40 Voting Rights Act of 1965 (52 U.S.C. 10101);
559+41 (2) not result in the removal of the name of a person from the
560+42 official list of voters solely due to the person's failure to vote; and
561+EH 1264—LS 6963/DI 144 13
562+1 (3) be completed not later than ninety (90) days before a primary
563+2 or general election.
564+3 (b) A voter list maintenance program conducted under this chapter
565+4 in a year other than a year in which a general election is conducted
566+5 must:
567+6 (1) comply with the requirements set forth in subsection (a)(1)
568+7 and (a)(2); and
569+8 (2) be completed not later than twenty-nine (29) days before a
570+9 municipal election or special election (other than for a federal
571+10 office) is conducted.
572+11 (c) If a special election is required for a vacancy in a federal office
573+12 in a year in which a general election is not conducted, the voter list
574+13 maintenance program conducted under this chapter must:
575+14 (1) comply with the requirements of subsection (a)(1) and (a)(2);
576+15 and
577+16 (2) be completed not later than ninety (90) days before the date
578+17 that the special election is conducted.
579+18 A voter list maintenance program may also be conducted under this
580+19 section in a calendar year following the date of the special election if
581+20 the program is completed no later than the deadline set forth in
582+21 subsection (a).
583+22 (d) A county voter registration office may conduct a voter list
584+23 maintenance program that complies with subsection (a). In conducting
585+24 a voter list maintenance program, the county voter registration office
586+25 shall mail a notice described in subsection (f) to each voter whose
587+26 registration has not previously been canceled or designated as inactive
588+27 under this chapter at the mailing address:
589+28 (1) listed in the voter's registration record; and
590+29 (2) determined by the county voter registration office not to be the
591+30 voter's current residence address.
592+31 (e) A county voter registration office may use information only from
593+32 the following sources to make the determination under subsection
594+33 (d)(2):
595+34 (1) The United States Postal Service National Change of Address
596+35 Service.
597+36 (2) A court regarding jury duty notices returned because of an
598+37 unknown or insufficient address.
599+38 (3) The return of a mailing sent by the county voter registration
600+39 office to all active voters (as defined in IC 3-11-18.1-2) in the
601+40 county because of an unknown or insufficient address.
602+41 (4) The bureau of motor vehicles concerning the surrender of a
603+42 voter's Indiana license for the operation of a motor vehicle to
604+EH 1264—LS 6963/DI 144 14
605+1 another jurisdiction.
606+2 (5) The return by the United States Postal Service after the
607+3 expiration of the seven (7) day pending period of a notice
608+4 regarding the disposition of a voter registration application under
609+5 IC 3-7-33-5 because of an unknown or insufficient address.
610+6 (6) The return of a mailing sent to voters of a precinct advising
611+7 voters of a change of precinct boundary or the precinct polling
612+8 place because of an unknown or insufficient address, if the county
613+9 sends a similar mailing to the voters of each precinct when a
614+10 boundary or polling place is changed.
615+11 (7) Information received from the election division under section
616+12 5 of this chapter or section 16 of this chapter.
617+13 (8) A declination to register by the voter stating that the voter
618+14 resides at an address different from the address on the voter's
619+15 registration record.
620+16 (9) Information received from the election division as a result
621+17 of a comparison between:
622+18 (A) a voter registration address; and
623+19 (B) commercially available data, such as data from a credit
624+20 agency.
625+21 (f) The notice described in subsection (d) must:
626+22 (1) be sent by first class United States mail, postage prepaid, by
627+23 a method that requires the notice to be forwarded to the voter; and
628+24 (2) include a postage prepaid return card that:
629+25 (A) is addressed to the county voter registration office;
630+26 (B) states a date (which must be at least thirty (30) days after
631+27 the date the notice is mailed) by which the card must be
632+28 returned or the voter's registration will become inactive until
633+29 the information is provided to the county voter registration
634+30 office; and
635+31 (C) permits the voter to provide the voter's current residence
636+32 address.
637+33 (g) If a voter returns the card described in subsection (f)(2) and
638+34 provides a current residence address that establishes that the voter
639+35 resides:
640+36 (1) in the county, the county voter registration office shall update
641+37 the voter's registration record; or
642+38 (2) outside the county, the county voter registration office shall
643+39 cancel the voter's registration.
644+40 (h) If a card is returned as undeliverable due to an unknown or
645+41 insufficient address by the United States Postal Service after the date
646+42 specified in subsection (f)(2)(B), the county voter registration office
647+EH 1264—LS 6963/DI 144 15
648+1 shall, when registration reopens after the next primary, general, or
649+2 municipal election, determine whether the voter voted or appeared to
650+3 vote from the address set forth in the registration record at any election
651+4 occurring after the final day for completing voter list maintenance
652+5 activities, and if not, then designate the voter as inactive.
653+6 (i) If a voter does not return the card described in subsection (f)(2)
654+7 by the date specified in subsection (f)(2)(B), the county voter
655+8 registration office shall indicate in the voter's registration record that
656+9 the voter's registration is inactive.
657+10 (j) A voter's registration that becomes inactive under subsection (h)
658+11 or (i) remains in inactive status from the date described in subsection
659+12 (f)(2)(B) until the earlier of the following:
660+13 (1) The date the county voter registration office updates or
661+14 cancels the voter's registration under subsection (g) after the voter
662+15 provides a current residence address.
663+16 (2) The day after the second general election in which the voter
664+17 has not voted or appeared to vote.
665+18 (k) After the date described in subsection (j)(2), the county voter
666+19 registration office shall remove the voter's registration from the voter
667+20 registration records.
668+21 SECTION 16. IC 3-7-38.2-7.1 IS ADDED TO THE INDIANA
669+22 CODE AS A NEW SECTION TO READ AS FOLLOWS
670+23 [EFFECTIVE JULY 1, 2024]: Sec. 7.1. (a) The secretary of state may
671+24 contract with a company to receive commercially available data,
672+25 such as data from a credit agency.
673+26 (b) The secretary of state shall transmit to the NVRA official the
674+27 information received under subsection (a).
675+28 (c) The NVRA official (or a contractor retained by the election
676+29 division under this chapter) shall use the information supplied by
677+30 the secretary of state under this section to identify a voter whose
678+31 residence may have changed.
679+32 SECTION 17. IC 3-7-38.2-7.3 IS ADDED TO THE INDIANA
680+33 CODE AS A NEW SECTION TO READ AS FOLLOWS
681+34 [EFFECTIVE JULY 1, 2025]: Sec. 7.3. (a) For purposes of this
682+35 section, "proof of citizenship" means one (1) or more of the
683+36 following:
684+37 (1) The voter's birth certificate or a legible photocopy of the
685+38 voter's birth certificate.
686+39 (2) The voter's United States passport or a legible photocopy
687+40 of the pages of the passport that identify the voter and show
688+41 the passport number.
689+42 (3) The voter's United States naturalization documentation, a
690+EH 1264—LS 6963/DI 144 16
691+1 legible photocopy of the voter's naturalization documentation,
692+2 or the voter's certificate of naturalization number. A voter
693+3 who provides a certificate of naturalization number in lieu of
694+4 the naturalization documentation is not deemed to have
695+5 provided proof of citizenship until the county voter
696+6 registration office verifies the number with the United States
697+7 Citizenship and Immigration Services or a successor agency.
698+8 (4) A document or method of proof of citizenship established
699+9 under the Immigration Reform and Control Act of 1986 (8
700+10 U.S.C. 1101 et seq.).
701+11 (b) The NVRA official shall compare the statewide voter
702+12 registration system with the bureau of motor vehicles list of
703+13 temporary credentials issued under IC 9-24-11-5(c) or
704+14 IC 9-24-16-3(f). If evidence exists that a registered voter is not a
705+15 citizen of the United States, the NVRA official shall notify the
706+16 county voter registration office of the county in which the
707+17 individual is registered to vote that the registered voter may not be
708+18 a citizen of the United States.
709+19 (c) After receiving a notice under subsection (b), the county
710+20 voter registration office shall send a notice to the registered voter
711+21 inquiring whether the individual is eligible to be registered to vote.
712+22 An individual who receives a notice under this subsection shall,
713+23 within thirty (30) days of receiving the notice, provide proof of
714+24 citizenship to the county voter registration office in person or by
715+25 mail.
716+26 (d) If the individual does not provide proof of citizenship within
717+27 thirty (30) days of receipt of the notice under subsection (c), the
718+28 county voter registration office that issued the notice shall cancel
719+29 the individual's registration.
720+30 (e) An individual who is unable to provide documentation as
721+31 proof of citizenship under this section may appeal in person or by
722+32 mail to the county election board of the county in which the person
723+33 was registered to vote. After receiving an appeal, the county
724+34 election board shall:
725+35 (1) conduct a hearing;
726+36 (2) make a finding concerning the individual's citizenship
727+37 status; and
728+38 (3) send a copy of its decision to the county voter registration
729+39 office of the county in which the individual resides.
730+40 A county voter registration office that receives a decision under
731+41 subdivision (3) shall change the voter registration records to
732+42 accurately reflect the decision of the county election board with
733+EH 1264—LS 6963/DI 144 17
734+1 respect to the individual.
735+2 (f) Documentation provided to show proof of citizenship under
736+3 this section is confidential and is not available for inspection by the
737+4 public.
738+5 SECTION 18. IC 3-7-38.2-7.4 IS ADDED TO THE INDIANA
739+6 CODE AS A NEW SECTION TO READ AS FOLLOWS
740+7 [EFFECTIVE JULY 1, 2024]: Sec. 7.4. (a) This section applies when
741+8 the feature within the statewide voter registration system described
742+9 in IC 3-7-33-5.7(a)(2) identifies a voter registration that lists a
743+10 potential nonresidential address.
744+11 (b) The county voter registration official shall conduct research
745+12 on the registration described in subsection (a) to determine if:
746+13 (1) an individual could reside at the address stated on the
747+14 registration; or
748+15 (2) the individual resides at a nontraditional residence
749+16 described in IC 3-5-5-18.
750+17 (c) If the county voter registration official determines, following
751+18 research under subsection (b), that:
752+19 (1) an individual could not reside at the address; or
753+20 (2) the individual does not reside at a nontraditional residence
754+21 described in IC 3-5-5-18;
755+22 the county voter registration official may perform the voter list
756+23 maintenance procedures under this chapter.
757+24 SECTION 19. IC 3-7-38.2-16, AS AMENDED BY P.L.201-2017,
758+25 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
759+26 JULY 1, 2024]: Sec. 16. (a) The NVRA official shall, not later than
760+27 January 31 of each even numbered even-numbered year, request
761+28 information from the
762+29 (1) United States District Court for the Northern District of
763+30 Indiana and the
764+31 (2) United States District Court for the Southern District of
765+32 Indiana
766+33 concerning:
767+34 (1) the return of U.S. mail sent by the court for jury selection
768+35 purposes; and
769+36 (2) individuals disqualified from jury service due to
770+37 citizenship status.
771+38 (b) Not later than twenty-eight (28) days following the primary
772+39 election conducted in that year, the state shall provide each county
773+40 voter registration office with information concerning any registered
774+41 voter who:
775+42 (1) appears to no longer reside at the address set forth in the
776+EH 1264—LS 6963/DI 144 18
777+1 voter's registration record due to a mailing returned to the courts;
778+2 and
779+3 (2) is disqualified or potentially disqualified as a prospective
780+4 juror from jury service because the registered voter is not a
781+5 United States citizen.
782+6 (c) Not later than forty-two (42) days following the primary election
783+7 conducted in that year, the county voter registration office shall:
784+8 (1) send an address confirmation notice to the voter described by
785+9 this subsection (b) at the voter's mailing address; or
786+10 (2) follow the procedures prescribed by section 7.3 of this
787+11 chapter.
788+12 SECTION 20. IC 3-10-1-24, AS AMENDED BY P.L.278-2019,
789+13 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
790+14 JULY 1, 2024]: Sec. 24. (a) A voter who desires to vote must give the
791+15 voter's name and political party to the poll clerks of the precinct on
792+16 primary election day. In a vote center county using an electronic poll
793+17 book, two (2) election officers who are not members of the same
794+18 political party must be present when a voter signs in on the electronic
795+19 poll book. The poll clerks shall require the voter to write the following
796+20 on the poll list or to provide the following information for entry into the
797+21 electronic poll book:
798+22 (1) The voter's name.
799+23 (2) Except as provided in subsection (d), the voter's current
800+24 residence address.
801+25 (3) The name of the voter's party. A voter shall mark the voter's
802+26 political party ballot selection on the electronic poll book
803+27 instead of communicating the selection to the poll clerks.
804+28 After:
805+29 (A) the voter writes the voter's party on the poll list; or
806+30 (B) the voter's party is entered into the electronic poll book;
807+31 the voter may not change the choice of the voter's party.
808+32 (b) The poll clerks shall:
809+33 (1) ask the voter to provide or update the voter's voter
810+34 identification number;
811+35 (2) tell the voter the number the voter may use as a voter
812+36 identification number; and
813+37 (3) explain to the voter that the voter is not required to provide a
814+38 voter identification number at the polls.
815+39 (c) If the voter is unable to sign the voter's name, the voter must sign
816+40 the poll list by mark, which must be witnessed by one (1) of the poll
817+41 clerks or assistant poll clerks acting under IC 3-6-6, who shall place the
818+42 poll clerk's or assistant poll clerk's initials after or under the mark.
819+EH 1264—LS 6963/DI 144 19
820+1 (d) The poll list (or each line on a poll list sheet provided to take a
821+2 voter's current residence address) must include a box under the heading
822+3 "Address Unchanged" so that the voter may check the box instead of
823+4 writing the voter's current address on the poll list, or if an electronic
824+5 poll book is used, the poll clerk may check the box after stating to the
825+6 voter the address shown on the electronic poll book and receiving an
826+7 oral affirmation from the voter that the voter's residence address shown
827+8 on the poll list is the voter's current residence address instead of writing
828+9 the voter's current residence address on the poll list or reentering the
829+10 address in the electronic poll book.
830+11 (e) If the voter makes:
831+12 (1) a written affirmation on the poll list (or if an electronic poll
832+13 book is used, a written affirmation in the manner described in
833+14 IC 3-7-39-7) that the voter resides at an address within the
834+15 precinct but not at the address shown on the poll list for the
835+16 precinct; or
836+17 (2) an oral affirmation of a change of address under IC 3-7-39-7;
837+18 the county election board shall direct the county voter registration
838+19 office to transfer the individual's voter registration record to the address
839+20 within the precinct indicated by the voter.
840+21 SECTION 21. IC 3-11-4-17.5, AS AMENDED BY P.L.140-2023,
841+22 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
842+23 JULY 1, 2024]: Sec. 17.5. (a) Upon receiving an application for an
843+24 absentee ballot, the county election board (or the absentee voter board
844+25 in the office of the circuit court clerk) shall determine if:
845+26 (1) the applicant is a voter of the precinct in which the applicant
846+27 resides, according to the records of the county voter registration
847+28 office;
848+29 (2) the information set forth on the application appears to be true;
849+30 (3) the signature of the voter on the application substantially
850+31 conforms with the signature of the voter on the voter registration
851+32 record, or that any substantial difference between the signatures
852+33 can be accounted for by age or disability of the voter or the
853+34 execution of the affidavit by an individual acting under section
854+35 2(b) of this chapter; and
855+36 (4) the application has been completed and filed in accordance
856+37 with Indiana and federal law.
857+38 If the members of the absentee voter board are unable to agree about
858+39 any of the determinations described in subdivisions (1) through (4), the
859+40 issue shall be referred to the county election board for determination.
860+41 If the application is submitted by a voter wanting to cast an absentee
861+42 ballot under IC 3-11-10-26, IC 3-11-10-26.2, or IC 3-11-10-26.3, the
862+EH 1264—LS 6963/DI 144 20
863+1 voter shall be permitted to cast a provisional ballot, which the county
864+2 election board shall retain.
865+3 (b) If:
866+4 (1) the applicant is not a voter of the precinct according to the
867+5 registration record; or
868+6 (2) the application as completed and filed:
869+7 (A) contains a false statement; or
870+8 (B) does not otherwise comply with Indiana or federal law;
871+9 as alleged under section 18.5 of this chapter, the county election board
872+10 shall deny the application.
873+11 (c) A voter's failure to provide the information requested under
874+12 section 5.1 of this chapter does not affect a voter's ability to receive an
875+13 absentee ballot. A county election board may not deny an application
876+14 because the voter has not provided the information requested under
877+15 section 5.1 of this chapter as a part of the voter's application for an
878+16 absentee ballot. The county election board shall implement the
879+17 procedures prescribed by section 17.6 of this chapter if the voter fails
880+18 to provide the information requested under section 5.1 of this chapter.
881+19 (d) If the application is denied, the county election board shall
882+20 provide the voter with the reasons for the denial of the application.
883+21 Unless the voter is present when the board denies the application, the
884+22 board shall send a written notice stating the reasons for the denial to the
885+23 voter. The notice must be sent:
886+24 (1) not later than forty-eight (48) hours after the application is
887+25 denied; and
888+26 (2) to the voter:
889+27 (A) at the address at which the voter requested that the
890+28 absentee ballot be mailed;
891+29 (B) to the voter's electronic mail address, if the voter has
892+30 provided an electronic mail address on the voter's absentee
893+31 ballot application; or
894+32 (C) by personal delivery of the notice.
895+33 (e) If the county election board determines that the applicant is a
896+34 voter of the precinct under subsection (a), the board shall then
897+35 determine whether:
898+36 (1) the applicant was required to file any additional
899+37 documentation under IC 3-7-33-4.5 or IC 3-7-33-4.7; and
900+38 (2) the applicant has filed this documentation according to the
901+39 records of the county voter registration office.
902+40 If the applicant has not filed the required documentation, the county
903+41 election board shall approve the application if the application otherwise
904+42 complies with this chapter. The board shall add a notation to the
905+EH 1264—LS 6963/DI 144 21
906+1 application and to the record compiled under section 17 of this chapter
907+2 indicating that the applicant will be required to provide additional
908+3 documentation to the county voter registration office under
909+4 IC 3-7-33-4.5 or IC 3-7-33-4.7 before the absentee ballot may be
910+5 counted.
911+6 (f) If the applicant:
912+7 (1) is a voter of the precinct according to the registration record;
913+8 and
914+9 (2) states on the application that the applicant resides at an
915+10 address that is within the same precinct but is not the same
916+11 address shown on the registration record;
917+12 the county election board shall direct the county voter registration
918+13 office to transfer the applicant's voter registration address to the
919+14 address within the precinct shown on the application. The applicant's
920+15 application for an absentee ballot shall be approved if the applicant is
921+16 otherwise eligible to receive the ballot under this chapter.
922+17 SECTION 22. IC 3-11-4-18, AS AMENDED BY P.L.227-2023,
923+18 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
924+19 JULY 1, 2024]: Sec. 18. (a) If a voter satisfies any of the qualifications
925+20 described in IC 3-11-10-24 that entitle a voter to cast an absentee ballot
926+21 by mail, the county election board shall, at the request of the voter, mail
927+22 the official ballot, postage fully prepaid, to the voter at the address
928+23 stated in the application. Each ballot may be assigned a unique tracking
929+24 number as prescribed by the election division using IMb Tracing or a
930+25 similar automated tracking method to provide real-time tracking
931+26 information for the envelope containing the ballot. As used in this
932+27 subsection, "IMb Tracing" refers to a real-time mail tracking service
933+28 offered through the United States Postal Service.
934+29 (b) If the county election board mails an absentee ballot to a voter
935+30 required to file additional documentation with the county voter
936+31 registration office before voting by absentee ballot under this chapter,
937+32 the board shall include a notice to the voter in the envelope mailed to
938+33 the voter under section 20 of this chapter. The notice must inform the
939+34 voter that the voter must file the additional documentation required
940+35 under IC 3-7-33-4.5 or IC 3-7-33-4.7 with the county voter registration
941+36 office before 6 p.m. on election day.
942+37 (c) Except as provided in this subsection, section 18.5 of this
943+38 chapter, or IC 3-11-10-26.5, the ballot shall be transmitted:
944+39 (1) on the day of the receipt of the voter's application; or
945+40 (2) not more than five (5) days after the date of delivery of the
946+41 ballots under section 15 of this chapter;
947+42 whichever is later. If the election board determines that the county
948+EH 1264—LS 6963/DI 144 22
949+1 voter registration office has received an application from the applicant
950+2 for registration at an address within the precinct indicated on the
951+3 application, and the election board determines that this application is
952+4 pending under IC 3-7-33, the ballot shall be mailed on the date the
953+5 county voter registration office indicates under IC 3-7-33-5(g) that the
954+6 applicant is a registered voter.
955+7 (d) As required by 52 U.S.C. 21081, an election board shall
956+8 establish a voter education program (specific to a paper ballot or
957+9 optical scan ballot card provided as an absentee ballot under this
958+10 chapter) to notify a voter of the effect of casting multiple votes for a
959+11 single office.
960+12 (e) As provided by 52 U.S.C. 21081, when an absentee ballot is
961+13 transmitted under this section, the mailing must include:
962+14 (1) information concerning the effect of casting multiple votes for
963+15 an office; and
964+16 (2) instructions on how to correct the ballot before the ballot is
965+17 cast and counted, including the issuance of replacement ballots.
966+18 SECTION 23. IC 3-11-8-10.3, AS AMENDED BY P.L.115-2022,
967+19 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
968+20 JULY 1, 2024]: Sec. 10.3. (a) A reference to an electronic poll list in
969+21 a vote center plan adopted under IC 3-11-18.1 before July 1, 2014, is
970+22 considered to be a reference to an electronic poll book (as defined by
971+23 IC 3-5-2-20.5), unless otherwise expressly provided in the vote center
972+24 plan.
973+25 (b) An electronic poll book must satisfy all of the following:
974+26 (1) An electronic poll book must be programmed so that the
975+27 coordinated action of two (2) election officers who are not
976+28 members of the same political party is necessary to access the
977+29 electronic poll book.
978+30 (2) An electronic poll book may not be connected to a voting
979+31 system. However, the electronic poll book may be used in
980+32 conjunction with a voting system if both of the following apply:
981+33 (A) The electronic poll book contains a device that must be
982+34 physically removed from the electronic poll book by a person
983+35 and the device is inserted into the voting system, with no
984+36 hardware or software connection existing between the
985+37 electronic poll book and the voting system.
986+38 (B) All data on the device is erased when the device is
987+39 removed from the voting system and before the device is
988+40 reinserted into an electronic poll book.
989+41 (3) An electronic poll book may not permit access to voter
990+42 information other than:
991+EH 1264—LS 6963/DI 144 23
992+1 (A) information provided on the certified list of voters
993+2 prepared under IC 3-7-29-1; or
994+3 (B) information concerning any of the following received or
995+4 issued after the electronic poll list has been downloaded by the
996+5 county election board under IC 3-7-29-6:
997+6 (i) The county's receipt of an absentee ballot from the voter.
998+7 (ii) The county's receipt of additional documentation
999+8 provided by the voter to the county voter registration office.
1000+9 (iii) The county's issuance of a certificate of error.
1001+10 An electronic poll book may not display whether a voter's
1002+11 registration record is in active or inactive status.
1003+12 (4) The information contained on an electronic poll book must be
1004+13 secure and placed on a dedicated, private server to secure
1005+14 connectivity between a precinct polling place or satellite absentee
1006+15 office and the county election board. The electronic poll book
1007+16 must have the capability of:
1008+17 (A) storing (in external or internal memory) the current local
1009+18 version of the electronic poll list; and
1010+19 (B) producing a list of audit records that reflect all of the
1011+20 idiosyncrasies of the system, including in-process audit
1012+21 records that set forth all transactions.
1013+22 (5) The electronic poll book must permit a poll clerk to enter
1014+23 information regarding an individual who has appeared to vote to
1015+24 verify whether the individual is eligible to vote, and if so, whether
1016+25 the voter has:
1017+26 (A) already received a ballot at the election;
1018+27 (B) returned an absentee ballot; or
1019+28 (C) submitted any additional documentation required under
1020+29 IC 3-7-33-4.5 or IC 3-7-33-4.7.
1021+30 (6) After the voter has been provided with a ballot, the electronic
1022+31 poll book must permit a poll clerk to enter information indicating
1023+32 that the voter has received a ballot.
1024+33 (7) The electronic poll book must transmit the information in
1025+34 subdivision (6) to the county server so that:
1026+35 (A) the server may transmit the information immediately to
1027+36 every other polling place or satellite absentee office in the
1028+37 county; or
1029+38 (B) the server makes the information immediately available to
1030+39 every other polling place or satellite office in the county.
1031+40 (8) The electronic poll book must permit reports to be:
1032+41 (A) generated by a county election board for a watcher
1033+42 appointed under IC 3-6-8 at any time during election day; and
1034+EH 1264—LS 6963/DI 144 24
1035+1 (B) electronically transmitted by the county election board to
1036+2 a political party or independent candidate who has appointed
1037+3 is eligible to appoint a watcher under IC 3-6-8.
1038+4 (9) On each day after absentee ballots are cast before an absentee
1039+5 voter board in the circuit court clerk's office, a satellite office, or
1040+6 a vote center, and after election day, the electronic poll book must
1041+7 permit voter history to be quickly and accurately uploaded into
1042+8 the computerized list (as defined in IC 3-7-26.3-2).
1043+9 (10) The electronic poll book must be able to display an electronic
1044+10 image of the signature of a voter taken from:
1045+11 (A) the voter's registration application; or
1046+12 (B) a more recent signature of a voter from an absentee
1047+13 application, poll list, electronic poll book, or registration
1048+14 document.
1049+15 (11) The electronic poll book must be used with a signature pad,
1050+16 tablet, or other signature capturing device that permits the voter
1051+17 to:
1052+18 (A) make an electronic signature for comparison with the
1053+19 signature displayed under subdivision (10); and
1054+20 (B) indicate the name of the voter's political party under
1055+21 IC 3-10-1-24.
1056+22 An image of the electronic signature made by the voter on the
1057+23 signature pad, tablet, or other signature capturing device must be
1058+24 retained and identified as the signature of the voter for the period
1059+25 required for retention under IC 3-10-1-31.1.
1060+26 (12) The electronic poll book must include a bar code capturing
1061+27 device that:
1062+28 (A) permits a voter who presents an Indiana driver's license or
1063+29 a state identification card issued under IC 9-24-16 to scan the
1064+30 license or card through the bar code reader or tablet; and
1065+31 (B) has the capability to display the voter's registration record
1066+32 upon processing the information contained within the bar code
1067+33 on the license or card.
1068+34 (13) A printer separate from the electronic poll book used in a
1069+35 vote center county may be programmed to print on the back of a
1070+36 ballot card, immediately before the ballot card is delivered to the
1071+37 voter, the printed initials of the poll clerks captured through the
1072+38 electronic signature pad or tablet at the time the poll clerks log
1073+39 into the electronic poll book system.
1074+40 (14) The electronic poll book must be compatible with:
1075+41 (A) any hardware attached to the electronic poll book, such as
1076+42 signature capturing devices, bar code capturing devices, and
1077+EH 1264—LS 6963/DI 144 25
1078+1 network cards;
1079+2 (B) the statewide voter registration system; and
1080+3 (C) any software system used to prepare voter information to
1081+4 be included on the electronic poll book.
1082+5 (15) The electronic poll book must have the ability to be used in
1083+6 conformity with this title for:
1084+7 (A) any type of election conducted in Indiana; or
1085+8 (B) any combination of elections held concurrently with a
1086+9 general election, municipal election, primary election, or
1087+10 special election.
1088+11 (16) The procedures for setting up, using, and shutting down an
1089+12 electronic poll book must be reasonably easy for a precinct
1090+13 election officer to learn, understand, and perform. A vendor shall
1091+14 provide sufficient training to election officials and poll workers
1092+15 to completely familiarize them with the operations essential for
1093+16 carrying out election activities. A vendor shall provide an
1094+17 assessment of learning goals achieved by the training in
1095+18 consultation with VSTOP (as described in IC 3-11-18.1-12).
1096+19 (17) The electronic poll book must enable a precinct election
1097+20 officer to verify that the electronic poll book:
1098+21 (A) has been set up correctly;
1099+22 (B) is working correctly so as to verify the eligibility of the
1100+23 voter;
1101+24 (C) is correctly recording that a voter received a ballot; and
1102+25 (D) has been shut down correctly.
1103+26 (18) The electronic poll book must include the following
1104+27 documentation:
1105+28 (A) Plainly worded, complete, and detailed instructions
1106+29 sufficient for a precinct election officer to set up, use, and shut
1107+30 down the electronic poll book.
1108+31 (B) Training materials that:
1109+32 (i) may be in written or video form; and
1110+33 (ii) must be in a format suitable for use at a polling place,
1111+34 such as simple "how to" guides.
1112+35 (C) Failsafe data recovery procedures for information included
1113+36 in the electronic poll book.
1114+37 (D) Usability tests:
1115+38 (i) that are conducted by the manufacturer of the electronic
1116+39 poll book or an independent testing facility using individuals
1117+40 who are representative of the general public;
1118+41 (ii) that include the setting up, using, and shutting down of
1119+42 the electronic poll book; and
1120+EH 1264—LS 6963/DI 144 26
1121+1 (iii) that report their results using industry standard reporting
1122+2 formats.
1123+3 (E) A clear model of the electronic poll book system
1124+4 architecture and the following documentation:
1125+5 (i) End user documentation.
1126+6 (ii) System-level and administrator level documentation.
1127+7 (iii) Developer documentation.
1128+8 (F) Detailed information concerning:
1129+9 (i) electronic poll book consumables; and
1130+10 (ii) the vendor's supply chain for those consumables.
1131+11 (G) Vendor internal quality assurance procedures and any
1132+12 internal or external test data and reports available to the
1133+13 vendor concerning the electronic poll book.
1134+14 (H) Repair and maintenance policies for the electronic poll
1135+15 book.
1136+16 (I) As of the date of the vendor's application for approval of
1137+17 the electronic poll book by the secretary of state as required by
1138+18 IC 3-11-18.1-12, the following:
1139+19 (i) A list of customers who are using or have previously used
1140+20 the vendor's electronic poll book.
1141+21 (ii) A description of any known anomalies involving the
1142+22 functioning of the electronic poll book, including how those
1143+23 anomalies were resolved.
1144+24 (J) Information concerning batteries used in the electronic poll
1145+25 book, including the following:
1146+26 (i) A list of all batteries to be used in the electronic poll
1147+27 book and any peripherals.
1148+28 (ii) The expected life span of each battery.
1149+29 (iii) A log documenting when each battery was installed or
1150+30 subsequently replaced.
1151+31 (iv) A schedule for the replacement of each battery not later
1152+32 than thirty (30) days before the end of the expected life span
1153+33 of each battery.
1154+34 (v) Plans to test batteries before each election.
1155+35 (vi) Plans for the emergency replacement of batteries that
1156+36 fail on election day or during the thirty (30) days before
1157+37 election day.
1158+38 (19) The electronic poll book and any hardware attached to the
1159+39 electronic poll book must be designed to prevent injury or damage
1160+40 to any individual or the hardware, including fire and electrical
1161+41 hazards.
1162+42 (20) The electronic poll book must demonstrate that it correctly
1163+EH 1264—LS 6963/DI 144 27
1164+1 processes all activity regarding each voter registration record,
1165+2 including the use, alteration, storage, receipt, and transmittal of
1166+3 information that is part of the record. Compliance with this
1167+4 subdivision requires the mapping of the data life cycle of the voter
1168+5 registration record as processed by the electronic poll book.
1169+6 (21) The electronic poll book must successfully perform in
1170+7 accordance with all representations concerning functionality,
1171+8 usability, security, accessibility, and sustainability made in the
1172+9 vendor's application for approval of the electronic poll book by
1173+10 the secretary of state as required by IC 3-11-18.1-12.
1174+11 (22) The electronic poll book must have the capacity to transmit
1175+12 all information generated by the voter or poll clerk as part of the
1176+13 process of casting a ballot, including the time and date stamp
1177+14 indicating when the voter signed the electronic poll book, and the
1178+15 electronic signature of the voter, for retention on the dedicated
1179+16 private server approved by the county election board for the
1180+17 period required by Indiana and federal law.
1181+18 (23) The electronic poll book must:
1182+19 (A) permit a voter to check in and sign the electronic poll book
1183+20 even when there is a temporary interruption in connectivity to
1184+21 the Internet; and
1185+22 (B) provide for the uploading of each signature so that the
1186+23 signature may be assigned to the voter's registration record.
1187+24 (24) The electronic poll book must have the capacity, for each
1188+25 voter who appears on the electronic poll list, to transmit
1189+26 information that a voter cast a provisional ballot:
1190+27 (A) from the electronic poll book to the dedicated private
1191+28 server; and
1192+29 (B) from the dedicated private server to the voter's record in
1193+30 the statewide voter registration system.
1194+31 This functionality may not be disabled.
1195+32 (c) The county election board is responsible for the care and custody
1196+33 of all electronic poll books while not in use.
1197+34 (d) The county election board is responsible for ensuring that all
1198+35 electronic poll books are dedicated devices to be used only for their
1199+36 intended purpose and for no other activity. Software that is not needed
1200+37 for the essential purpose of running the electronic poll book may not be
1201+38 installed on an electronic poll book.
1202+39 SECTION 24. IC 3-11-8-23, AS AMENDED BY P.L.64-2014,
1203+40 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1204+41 JULY 1, 2024]: Sec. 23. (a) If a challenged voter has already made an
1205+42 affirmation or executed an affidavit under IC 3-7-48-7.5, IC 3-10-10-9,
1206+EH 1264—LS 6963/DI 144 28
1207+1 IC 3-10-11-4.5, or IC 3-10-12-5, the challenged voter is not required to
1208+2 execute an additional affidavit under this section.
1209+3 (b) The affidavit of a challenged voter required by section 22.1 of
1210+4 this chapter must be sworn and affirmed and must contain the
1211+5 following:
1212+6 (1) A statement that the voter is a citizen of the United States.
1213+7 (2) The voter's date of birth to the best of the voter's information
1214+8 and belief.
1215+9 (3) A statement that the voter has been a resident of the precinct
1216+10 for thirty (30) days immediately before this election or is qualified
1217+11 to vote in the precinct under IC 3-10-10, IC 3-10-11, or
1218+12 IC 3-10-12.
1219+13 (4) The voter's name and a statement that the voter is generally
1220+14 known by that name.
1221+15 (5) A statement that the voter has not voted and will not vote in
1222+16 any other precinct in this election.
1223+17 (6) The voter's current residential address, including the street or
1224+18 number, and if applicable, the voter's residential address thirty
1225+19 (30) days before the election, and the date the voter moved.
1226+20 (7) If applicable, that, when the voter was challenged to present
1227+21 proof of identification or an additional document to confirm the
1228+22 voter's identity and current residence, the voter presented proof of
1229+23 identification or the additional documentation that complied with
1230+24 IC 3-5-2-40.5, or IC 3-7-33-4.5, or IC 3-7-33-4.7.
1231+25 (8) A statement that the voter understands that making a false
1232+26 statement on the affidavit is punishable under the penalties of
1233+27 perjury.
1234+28 (9) If the individual's name does not appear on the registration
1235+29 list, a statement that the individual registered to vote and where
1236+30 the individual believes the individual registered to vote during the
1237+31 registration period described by IC 3-7-13-10.
1238+32 SECTION 25. IC 3-11-8-25.2, AS AMENDED BY P.L.115-2022,
1239+33 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1240+34 JULY 1, 2024]: Sec. 25.2. (a) The poll clerk or assistant poll clerk shall
1241+35 examine the list provided under IC 3-7-29-1 to determine if the county
1242+36 election board has indicated that the voter is required to provide
1243+37 additional personal identification under:
1244+38 (1) 52 U.S.C. 21083 and IC 3-7-33-4.5; or
1245+39 (2) IC 3-7-33-4.7;
1246+40 before voting in person. If the list indicates that the voter is required to
1247+41 present this identification before voting in person, the poll clerk shall
1248+42 advise the voter that the voter must present, in addition to the proof of
1249+EH 1264—LS 6963/DI 144 29
1250+1 identification required by section 25.1(a) of this chapter, a piece of
1251+2 identification described in subsection (b) to the poll clerk.
1252+3 (b) As required by 52 U.S.C. 21083 or IC 3-7-33-4.7, and in
1253+4 addition to the proof of identification required by section 25.1(a) of this
1254+5 chapter, a voter described by IC 3-7-33-4.5 or IC 3-7-33-4.7 who has
1255+6 not complied with IC 3-7-33-4.5 or IC 3-7-33-4.7 before appearing at
1256+7 the polls on election day must present one (1) of the following
1257+8 documents to the poll clerk:
1258+9 (1) A current and valid photo identification.
1259+10 (2) A current utility bill.
1260+11 (3) A current bank statement.
1261+12 (4) A current government check.
1262+13 (5) A current paycheck.
1263+14 (6) A current government document.
1264+15 The document presented by the voter must show the name and
1265+16 residence address of the voter.
1266+17 (c) If a voter presents a document under subsection (b), the poll
1267+18 clerk shall add a notation to the list indicating the type of document
1268+19 presented by the voter. The election division shall prescribe a
1269+20 standardized coding system to classify documents presented under this
1270+21 subsection for entry into the county voter registration system.
1271+22 (d) If a voter required to present documentation under subsection (b)
1272+23 is unable to present the documentation to the poll clerk while present
1273+24 in the polls, the poll clerk shall notify the precinct election board. The
1274+25 board shall provide a provisional ballot to the voter under IC 3-11.7-2.
1275+26 (e) The precinct election board shall advise the voter, both orally
1276+27 and in writing, that the voter may file a copy of the documentation with
1277+28 the county voter registration office to permit the provisional ballot to
1278+29 be counted under IC 3-11.7. The election division shall prescribe the
1279+30 form of the explanation required by this subsection.
1280+31 SECTION 26. IC 3-11-10-11, AS AMENDED BY P.L.227-2023,
1281+32 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1282+33 JULY 1, 2024]: Sec. 11. On election day, the county voter registration
1283+34 office shall visit the appropriate post office to accept delivery of mail
1284+35 containing documentation submitted by a voter to comply with
1285+36 IC 3-7-33-4.5 or IC 3-7-33-4.7. The office shall immediately notify the
1286+37 county election board regarding the filing of this documentation.
1287+38 SECTION 27. IC 3-11-10-28, AS AMENDED BY P.L.109-2021,
1288+39 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1289+40 JULY 1, 2024]: Sec. 28. (a) A voter voting before an absentee voter
1290+41 board shall mark the voter's ballot in the presence of the board, but not
1291+42 in such a manner that either of the members of the board can see for
1292+EH 1264—LS 6963/DI 144 30
1293+1 whom the voter voted, unless the voter requests the help of the board
1294+2 in marking a ballot under IC 3-11-9. The voter shall fold each ballot
1295+3 separately in a manner to conceal the voter's markings.
1296+4 (b) The voter shall then, in the presence of the board, place the
1297+5 ballot in an envelope furnished by the county election board.
1298+6 (c) The circuit court clerk shall provide, to the extent practicable,
1299+7 the same degree of privacy to absentee voters voting at the office of the
1300+8 circuit court clerk as provided to voters at the polls on election day.
1301+9 (d) This subsection applies to a voter required to present additional
1302+10 information under IC 3-7-33-4.5 or IC 3-7-33-4.7. If the voter does not
1303+11 present the required additional information before receiving the
1304+12 absentee ballot, the absentee ballot shall be processed in accordance
1305+13 with IC 3-11.5-4-3.5.
1306+14 (e) This subsection applies to a voter required to present additional
1307+15 information under IC 3-7-33-4.5 or IC 3-7-33-4.7. Upon accepting the
1308+16 completed absentee ballot from the voter, the board shall provide the
1309+17 voter with a notice:
1310+18 (1) listing the documentation the voter may submit to the county
1311+19 voter registration office to comply with IC 3-7-33-4.5 or
1312+20 IC 3-7-33-4.7; and
1313+21 (2) stating the address and hours of the county voter registration
1314+22 office.
1315+23 SECTION 28. IC 3-11.5-4-3.5, AS ADDED BY P.L.109-2021,
1316+24 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1317+25 JULY 1, 2024]: Sec. 3.5. (a) Upon receipt of an absentee ballot from
1318+26 a voter required to provide additional information to the county voter
1319+27 registration office under IC 3-7-33-4.5 or IC 3-7-33-4.7, the county
1320+28 election board shall contact the county voter registration office to
1321+29 determine if the additional information has been filed with the office
1322+30 by the voter.
1323+31 (b) If the voter has filed the information with the county voter
1324+32 registration office, the county election board shall add a notation to the
1325+33 application indicating that the required information has been filed and
1326+34 that the absentee ballot may be counted if the ballot otherwise complies
1327+35 with this article.
1328+36 (c) If the voter has not filed the information with the county voter
1329+37 registration office, the county election board shall add a notation on the
1330+38 application filed by a voter described under subsection (b) and on the
1331+39 envelope provided under this chapter reading substantially as follows:
1332+40 "ABSENTEE BALLOT COUNTERS: AS OF (insert date
1333+41 absentee ballot application approved) THIS VOTER WAS
1334+42 REQUIRED TO FILE ADDITIONAL DOCUMENTATION
1335+EH 1264—LS 6963/DI 144 31
1336+1 WITH THE COUNTY VOTER REGISTRATION OFFICE
1337+2 BEFORE THIS BALLOT MAY BE COUNTED. CHECK THE
1338+3 POLL LIST AND COUNTY ELECTION BOARD
1339+4 CERTIFICATION TO SEE IF THE VOTER HAS FILED THIS
1340+5 INFORMATION. IF NOT, PROCESS AS A PROVISIONAL
1341+6 BALLOT IF THIS BALLOT OTHERWISE COMPLIES WITH
1342+7 INDIANA LAW.".
1343+8 SECTION 29. IC 3-11.5-4-12, AS AMENDED BY P.L.210-2018,
1344+9 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1345+10 JULY 1, 2024]: Sec. 12. (a) Notwithstanding any provision to the
1346+11 contrary in this chapter, in a county described by subsection (e) or (f),
1347+12 the signature review process described in this section may be
1348+13 conducted at any time after receipt of an absentee ballot by the county
1349+14 election board.
1350+15 (b) If the absentee ballot counters find under section 11 of this
1351+16 chapter that:
1352+17 (1) the affidavit is properly executed;
1353+18 (2) the signatures correspond;
1354+19 (3) the absentee voter is a qualified voter of the precinct;
1355+20 (4) the absentee voter is registered and is not required to file
1356+21 additional information with the county voter registration office
1357+22 under IC 3-7-33-4.5 or IC 3-7-33-4.7; and
1358+23 (5) in case of a primary election, if the absentee voter has not
1359+24 previously voted, the absentee voter has executed the proper
1360+25 declaration relative to age and qualifications and the political
1361+26 party with which the absentee voter intends to affiliate;
1362+27 the absentee ballot counters shall open the envelope containing the
1363+28 absentee ballots so as not to deface or destroy the affidavit and take out
1364+29 each ballot enclosed without unfolding or permitting a ballot to be
1365+30 unfolded or examined.
1366+31 (c) If the absentee ballot counters find under subsection (b) that the
1367+32 voter has not filed the additional information required to be filed with
1368+33 the county voter registration office under IC 3-7-33-4.5 or
1369+34 IC 3-7-33-4.7, but that all of the other findings listed under subsection
1370+35 (b) apply, the absentee ballot shall be processed as a provisional ballot
1371+36 under IC 3-11.7.
1372+37 (d) The absentee ballot counters shall then deposit the ballots in a
1373+38 secure envelope with the name of the precinct set forth on the outside
1374+39 of the envelope. After the absentee ballot counters or the county
1375+40 election board has made the findings described in subsection (b) or
1376+41 section 13 of this chapter for all absentee ballots of the precinct, the
1377+42 absentee ballot counters shall remove all the ballots deposited in the
1378+EH 1264—LS 6963/DI 144 32
1379+1 envelope under this section for counting under IC 3-11.5-5 or
1380+2 IC 3-11.5-6.
1381+3 (e) This subsection applies to a county having a consolidated city.
1382+4 For an absentee ballot cast in person by a voter under IC 3-11-10-25,
1383+5 IC 3-11-10-26, or IC 3-11-10-26.3, the absentee ballot counters may,
1384+6 but are not required to, make the findings required under subsection
1385+7 (b)(2) or (b)(3). of this section.
1386+8 (f) This subsection applies to a county:
1387+9 (1) that does not have a consolidated city; and
1388+10 (2) when the county election board has adopted a resolution by
1389+11 the unanimous vote of its entire membership to use the procedures
1390+12 set forth in this subsection.
1391+13 For an absentee ballot cast in person by a voter under IC 3-11-10-25,
1392+14 IC 3-11-10-26, or IC 3-11-10-26.3, the absentee ballot counters may,
1393+15 but are not required to, make the findings required under subsection
1394+16 (b)(2) or (b)(3). of this section.
1395+17 (g) A resolution adopted under subsection (f) may be repealed or
1396+18 amended only by the unanimous vote of the entire membership of the
1397+19 county election board.
1398+20 SECTION 30. IC 3-11.7-2-1, AS AMENDED BY P.L.128-2015,
1399+21 SECTION 201, IS AMENDED TO READ AS FOLLOWS
1400+22 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) As provided by 52 U.S.C.
1401+23 21082, this section applies to the following individuals:
1402+24 (1) An individual:
1403+25 (A) whose name does not appear on the registration list; and
1404+26 (B) who is challenged under IC 3-10-1 or IC 3-11-8 after the
1405+27 voter makes an oral or a written affirmation under IC 3-7-48-5
1406+28 or IC 3-7-48-7 or after the voter produces a certificate of error
1407+29 under IC 3-7-48-1.
1408+30 (2) An individual described by IC 3-10-1-10.5, IC 3-11-8-23.5, or
1409+31 IC 3-11-8-27.5 who is challenged as not eligible to vote.
1410+32 (3) An individual who seeks to vote in an election as a result of a
1411+33 court order (or any other order) extending the time established for
1412+34 closing the polls under IC 3-11-8-8.
1413+35 (b) As required by 52 U.S.C. 21083, a voter who has registered to
1414+36 vote but has not:
1415+37 (1) presented identification required under 52 U.S.C. 21083 to the
1416+38 poll clerk before voting in person under IC 3-11-8-25.1; or
1417+39 (2) filed a copy of the identification required under 52 U.S.C.
1418+40 21083 to the county voter registration office before the voter's
1419+41 absentee ballot is cast;
1420+42 is entitled to vote a provisional ballot under this article.
1421+EH 1264—LS 6963/DI 144 33
1422+1 (c) A voter who has registered to vote but has not:
1423+2 (1) presented documentation required under IC 3-7-33-4.7 to
1424+3 the poll clerk before voting in person; or
1425+4 (2) filed a copy of the identification required under
1426+5 IC 3-7-33-4.7 with the county voter registration office before
1427+6 the voter's absentee ballot is cast;
1428+7 is entitled to vote a provisional ballot under this article.
1429+8 (c) (d) A precinct election officer shall inform an individual
1430+9 described by subsection (a)(1) or (a)(2) that the individual may cast a
1431+10 provisional ballot if the individual:
1432+11 (1) is eligible to vote under IC 3-7-13-1;
1433+12 (2) submitted a voter registration application during the
1434+13 registration period described by IC 3-7-13-10; and
1435+14 (3) executes an affidavit described in IC 3-10-1-9 or IC 3-11-8-23.
1436+15 (d) (e) A precinct election officer shall inform an individual
1437+16 described by subsection (a)(3) that the individual may cast a
1438+17 provisional ballot.
1439+18 SECTION 31. IC 3-11.7-2-2, AS AMENDED BY P.L.115-2022,
1440+19 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1441+20 JULY 1, 2024]: Sec. 2. (a) A provisional voter shall do the following:
1442+21 (1) Execute the affidavit described in IC 3-10-1-9 or
1443+22 IC 3-11-8-23.
1444+23 (2) Sign the poll list.
1445+24 (3) Mark the ballot in the presence of no other person, unless the
1446+25 voter requests help in marking a ballot under IC 3-11-9.
1447+26 (4) Fold each ballot separately.
1448+27 (5) Fold each ballot so as to conceal the marking.
1449+28 (6) Enclose each ballot, with the seal and signature of the circuit
1450+29 court clerk on the outside, together with any unused ballot, in the
1451+30 envelope provided by the county election board under
1452+31 IC 3-11.7-1-8.
1453+32 (7) Securely seal the envelope.
1454+33 (b) A provisional voter may mark a ballot with a pen or a lead
1455+34 pencil.
1456+35 (c) This subsection applies to a provisional voter described in
1457+36 section 1(a)(1), 1(a)(2), or 1(a)(3) of this chapter. As provided by 52
1458+37 U.S.C. 21082, a precinct election officer shall give the provisional
1459+38 voter a copy of the written instructions prescribed by the county
1460+39 election board under IC 3-11.7-6-3 after the voter returns the envelope
1461+40 containing the provisional voter's ballots.
1462+41 (d) This subsection applies to a provisional voter described in
1463+42 section 1(a), or 1(b), or 1(c) of this chapter. In addition to the written
1464+EH 1264—LS 6963/DI 144 34
1465+1 instructions required by subsection (c), a precinct election officer shall
1466+2 provide the provisional voter, both orally and in writing, an explanation
1467+3 of what actions, if any, the provisional voter must take in order to have
1468+4 the provisional voter's ballot counted. The election division shall
1469+5 prescribe the form of the explanation required by this subsection.
1470+6 SECTION 32. IC 3-11.7-5-2, AS AMENDED BY P.L.128-2015,
1471+7 SECTION 205, IS AMENDED TO READ AS FOLLOWS
1472+8 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Except as provided in section
1473+9 5 of this chapter, if the county election board determines that all the
1474+10 following apply, a provisional ballot is valid and shall be counted under
1475+11 this chapter:
1476+12 (1) The affidavit executed by the provisional voter under
1477+13 IC 3-11.7-2-1 is properly executed.
1478+14 (2) The provisional voter is a qualified voter of the precinct and
1479+15 has provided proof of identification, if required, under IC 3-10-1,
1480+16 IC 3-11-8, or IC 3-11-10-26.
1481+17 (3) Based on all the information available to the county election
1482+18 board, including:
1483+19 (A) information provided by the provisional voter;
1484+20 (B) information contained in the county's voter registration
1485+21 records; and
1486+22 (C) information contained in the statewide voter registration
1487+23 file;
1488+24 the provisional voter registered to vote at a registration agency
1489+25 under this article on a date within the registration period.
1490+26 (b) If the provisional voter has provided information regarding the
1491+27 registration agency where the provisional voter registered to vote, the
1492+28 board shall promptly make an inquiry to the agency regarding the
1493+29 alleged registration. The agency shall respond to the board not later
1494+30 than noon of the first Friday after the election, indicating whether the
1495+31 agency's records contain any information regarding the registration. If
1496+32 the agency does not respond to the board's inquiry, or if the agency
1497+33 responds that the agency has no record of the alleged registration, the
1498+34 board shall reject the provisional ballot. The board shall endorse the
1499+35 ballot with the word "Rejected" and document on the ballot the inquiry
1500+36 and response, if any, by the agency.
1501+37 (c) Except as provided in section 5 of this chapter, a provisional
1502+38 ballot cast by a voter described in IC 3-11.7-2-1(b) is valid and shall be
1503+39 counted if the county election board determines under this article that
1504+40 the voter filed the documentation required under IC 3-7-33-4.5 and 52
1505+41 U.S.C. 21083 with the county voter registration office not later than the
1506+42 closing of the polls on election day.
1507+EH 1264—LS 6963/DI 144 35
1508+1 (d) Except as provided in section 5 of this chapter, a provisional
1509+2 ballot cast by a voter described in IC 3-11.7-2-1(c) is valid and shall
1510+3 be counted if the county election board determines under this
1511+4 article that the voter filed the documentation required under
1512+5 IC 3-7-33-4.7 with the county voter registration office not later
1513+6 than the closing of the polls on election day.
1514+7 SECTION 33. IC 3-14-5-1, AS AMENDED BY P.L.157-2019,
1515+8 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1516+9 JULY 1, 2024]: Sec. 1. (a) This section applies during an election
1517+10 whenever a voter makes an affidavit before the inspector in a precinct
1518+11 that a person who has offered to vote is an illegal voter in the precinct.
1519+12 This section does not apply to an affidavit executed by an individual
1520+13 who:
1521+14 (1) is subject to the requirements set forth in IC 3-7-33-4.5 or
1522+15 IC 3-7-33-4.7;
1523+16 (2) is challenged solely as a result of the individual's inability or
1524+17 refusal to comply with IC 3-7-33-4.5 or IC 3-7-33-4.7; and
1525+18 (3) subsequently complies with IC 3-7-33-4.5 or IC 3-7-33-4.7,
1526+19 as applicable, before the close of the polls on election day.
1527+20 (b) Immediately after the close of the polls the inspector shall
1528+21 deliver the affidavit to the county election board. After the final date
1529+22 and hour for filing a recount or contest and the county election board
1530+23 has completed the county election board's canvas of the returns, the
1531+24 county election board shall forward the affidavits to the prosecuting
1532+25 attorney for the county under section 2 of this chapter. The prosecuting
1533+26 attorney for the county shall:
1534+27 (1) proceed as if the affidavit had been made before the
1535+28 prosecuting attorney; and
1536+29 (2) ensure that the grand jury notifies the NVRA official under
1537+30 section 2 of this chapter if a violation of NVRA appears to have
1538+31 occurred.
1539+EH 1264—LS 6963/DI 144 36
1540+COMMITTEE REPORT
1541+Mr. Speaker: Your Committee on Elections and Apportionment, to
1542+which was referred House Bill 1264, has had the same under
1543+consideration and begs leave to report the same back to the House with
1544+the recommendation that said bill be amended as follows:
1545+Page 2, delete lines 17 through 26, begin a new paragraph and
1546+insert:
1547+"(e) A political subdivision that conducts or administers an
491548 election may not join the membership of, or participate in a
501549 program offered by, a person who has directly financed:
511550 (1) preparing, administrating, or conducting elections; or
521551 (2) employing individuals on a temporary basis for the
531552 purpose of preparing, administering, or conducting elections,
541553 including registering voters.
551554 For purposes of this subsection, a person does not include the local,
56-state, or federal government.
57-SECTION 2. IC 3-5-8-2, AS AMENDED BY P.L.128-2015,
1555+state, or federal government.".
1556+Page 2, delete lines 38 through 42, begin a new line block indented
1557+and insert:
1558+"(2) do not apply to an individual who:
1559+(A) submits with the individual's application the:
1560+(i) individual's Indiana driver's license number; or
1561+(ii) last four (4) digits of the individual's Social Security
1562+number;
1563+and the county voter registration office or election division
1564+matches the information submitted by the applicant with
1565+an existing Indiana identification record bearing the same
1566+identification number, name, and date of birth set forth in
1567+the voter registration application;
1568+(B) is an absent uniformed services voter or overseas
1569+voter;
1570+(C) is entitled to vote other than in person under the
1571+federal Voting Accessibility for the Elderly and
1572+Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)) due to a
1573+determination by the election division that a permanent or
1574+temporarily accessible polling place cannot be provided for
1575+the individual; or
1576+(D) is entitled to vote other than in person under any other
1577+federal law.".
1578+Page 3, delete lines 1 through 5.
1579+Page 10, line 41, delete "systematic alien verification for" and insert
1580+"bureau of motor vehicles list of temporary credentials issued
1581+under IC 9-24-11-5(c) or IC 9-24-16-3(f).".
1582+EH 1264—LS 6963/DI 144 37
1583+Page 10, line 42, delete "entitlements (SAVE) program data base.".
1584+and when so amended that said bill do pass.
1585+(Reference is to HB 1264 as introduced.)
1586+WESCO
1587+Committee Vote: yeas 8, nays 4.
1588+_____
1589+HOUSE MOTION
1590+Mr. Speaker: I move that House Bill 1264 be amended to read as
1591+follows:
1592+Page 2, delete lines 26 through 42, begin a new paragraph and
1593+insert:
1594+"SECTION 2. IC 3-5-8-2, AS AMENDED BY P.L.128-2015,
581595 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
591596 JULY 1, 2024]: Sec. 2. The statement required by section 1 of this
601597 chapter must contain the following:
611598 (1) A statement of the qualifications that an individual must meet
621599 to vote in Indiana, including qualifications relating to registration.
631600 (2) A statement describing the circumstances that permit a voter
641601 who has moved from the precinct where the voter is registered to
651602 return to that precinct to vote.
661603 (3) A statement that an individual who meets the qualifications
671604 and circumstances listed in subdivisions (1) and (2) may vote in
681605 the election.
691606 (4) A statement describing how a voter who is challenged at the
701607 polls may be permitted to vote.
711608 (5) The date of the election and the hours during which the polls
721609 will be open, as required by 52 U.S.C. 21082.
731610 (6) Instructions on how to vote, including how to cast a vote and
741611 how to cast a provisional ballot, as required by 52 U.S.C. 21082.
751612 (7) Instructions for:
761613 (A) mail-in registrants and first time voters under
771614 IC 3-7-33-4.5 and 52 U.S.C. 21083, as required under 52
781615 U.S.C. 21082; and
79-HEA 1264 3
801616 (B) in-person registrants and first time voters under
811617 IC 3-7-33-4.7.
821618 (8) General information on voting rights under applicable federal
1619+EH 1264—LS 6963/DI 144 38
831620 and state laws, including the right of an individual to cast a
841621 provisional ballot and instructions on how to contact the
851622 appropriate officials if these rights are alleged to have been
861623 violated, as required under 52 U.S.C. 21082.
871624 (9) General information on federal and state laws regarding
881625 prohibitions on acts of fraud and misrepresentation, as required
891626 under 52 U.S.C. 21082.
901627 (10) A statement informing the voter what assistance is available
911628 to assist the voter at the polls.
921629 (11) A statement informing the voter what circumstances will
931630 spoil the voter's ballot and the procedures available for the voter
941631 to request a new ballot.
951632 (12) A statement describing which voters will be permitted to
961633 vote at the closing of the polls.
971634 (13) Other information that the commission considers important
981635 for a voter to know.
991636 SECTION 3. IC 3-7-14-7, AS AMENDED BY P.L.128-2015,
1001637 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1011638 JULY 1, 2024]: Sec. 7. (a) As provided in 52 U.S.C. 20504(c)(2), the
1021639 registration form described in section 5 of this chapter must meet the
1031640 following requirements:
1041641 (1) The form may not require information that duplicates
1051642 information required in the driver's license application part of the
1061643 form, except as set forth in subdivision (3).
1071644 (2) The form may require only the minimum amount of
1081645 information necessary to do the following:
1091646 (A) Prevent duplication of voter registrations.
1101647 (B) Permit the circuit court clerk or board of registration to:
1111648 (i) assess the eligibility of the applicant; and
1121649 (ii) administer the election and voter registration system.
1131650 (3) The form must include a statement that does the following:
1141651 (A) Sets forth each eligibility requirement for registration
1151652 (including citizenship).
1161653 (B) Contains an attestation that the applicant meets each of the
1171654 eligibility requirements.
1181655 (C) Requires the signature of the applicant, under penalty of
1191656 perjury.
1201657 (4) The form must include the following, in print that is identical
1211658 to the print used in the attestation part of the application:
122-HEA 1264 4
1231659 (A) Information setting forth the penalties provided by law for
1241660 submission of a false voter registration application.
1251661 (B) A statement that, if an applicant declines to register to
1662+EH 1264—LS 6963/DI 144 39
1261663 vote, the fact that the applicant has declined to register will
1271664 remain confidential and will be used only for voter registration
1281665 purposes.
1291666 (C) A statement that if an applicant does register to vote, the
1301667 office at which the applicant submits a voter registration
1311668 application will remain confidential and will be used only for
1321669 voter registration purposes.
1331670 (b) The registration form described in section 5 of this chapter
1341671 must include a statement informing the individual that if the
1351672 individual is registering for the first time, the appropriate
1361673 information required under IC 3-7-33-4.7 must be submitted with
1371674 the registration form in order to avoid the additional identification
1381675 requirements upon voting for the first time.
1391676 SECTION 4. IC 3-7-15-5, AS AMENDED BY P.L.169-2015,
1401677 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1411678 JULY 1, 2024]: Sec. 5. (a) The registration form prescribed under
1421679 section 4 of this chapter must meet the following requirements:
1431680 (1) The form must be equivalent to the mail registration form
1441681 prescribed by the election division under IC 3-7-31 and in
1451682 compliance with 52 U.S.C. 20506(a)(6)(A)(ii).
1461683 (2) The form must include a statement that does the following:
1471684 (A) Sets forth each eligibility requirement for registration
1481685 (including citizenship).
1491686 (B) Contains an attestation that the applicant meets each of the
1501687 eligibility requirements.
1511688 (C) Requires the signature of the applicant, under penalty of
1521689 perjury, and the date the form was signed.
1531690 (3) The form must include the following as provided in 52 U.S.C.
1541691 20506(a)(6)(B):
1551692 (A) A question reading "If you are not registered to vote where
1561693 you live now, would you like to apply to register to vote here
1571694 today?".
1581695 (B) A statement reading "Applying to register or declining to
1591696 register to vote will not affect the amount of assistance that
1601697 you will be provided by this agency.".
1611698 (C) Boxes for the applicant to check to indicate whether the
1621699 applicant would like to register or declines to register to vote.
1631700 (D) A statement in close proximity to the boxes and in
1641701 prominent type: "IF YOU DO NOT CHECK EITHER BOX,
165-HEA 1264 5
1661702 YOU WILL BE CONSIDERED TO HAVE DECIDED NOT
1671703 TO REGISTER TO VOTE AT THIS TIME.".
1681704 (E) A statement reading "If you would like help in filling out
1705+EH 1264—LS 6963/DI 144 40
1691706 the voter registration application form, we will help you. The
1701707 decision whether to seek or accept help is yours. You may fill
1711708 out the application form in private.".
1721709 (F) A statement reading "If you believe that someone has
1731710 interfered with your right to register or to decline to register to
1741711 vote, or your right to choose your political party or other
1751712 political preference, you may file a complaint with (insert the
1761713 title, address, and telephone number of the NVRA official). If
1771714 you want you may first try to solve the problem by filing a
1781715 complaint with the county voter registration office of the
1791716 county where the violation occurred.".
1801717 (b) The registration form prescribed under section 4 of this
1811718 chapter must include a statement informing the individual that if
1821719 the individual is registering for the first time, the appropriate
1831720 information required under IC 3-7-33-4.7 must be submitted with
1841721 the registration form in order to avoid the additional identification
1851722 requirements upon voting for the first time.
1861723 SECTION 5. IC 3-7-15-7 IS AMENDED TO READ AS FOLLOWS
1871724 [EFFECTIVE JULY 1, 2024]: Sec. 7. An applicant who fails to check
1881725 either box described in section 5(3) 5(a)(3) of this chapter or to sign a
1891726 separate declination form under section 6 of this chapter shall be
1901727 considered to have declined to register.
1911728 SECTION 6. IC 3-7-16-12, AS AMENDED BY P.L.169-2015,
1921729 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1931730 JULY 1, 2024]: Sec. 12. (a) The registration form prescribed under
1941731 section 11 of this chapter must meet the following requirements:
1951732 (1) The form must be equivalent to the mail registration form
1961733 prescribed by the election division under IC 3-7-31 and in
1971734 compliance with 52 U.S.C. 20506(a)(6)(A)(ii).
1981735 (2) The form must include a statement that does the following:
1991736 (A) Sets forth each eligibility requirement for registration
2001737 (including citizenship).
2011738 (B) Contains an attestation that the applicant meets each of the
2021739 eligibility requirements.
2031740 (C) Requires the signature of the applicant, under penalty of
2041741 perjury, and the date the form was signed.
2051742 (3) The form must include the following as provided in 52 U.S.C.
2061743 20506(a)(6)(B):
2071744 (A) A question reading "If you are not registered to vote where
208-HEA 1264 6
2091745 you live now, would you like to apply to register to vote here
2101746 today?".
2111747 (B) A statement reading "Applying to register or declining to
1748+EH 1264—LS 6963/DI 144 41
2121749 register to vote will not affect the amount of assistance that
2131750 you will be provided by this agency.".
2141751 (C) Boxes for the applicant to check to indicate whether the
2151752 applicant would like to register or declines to register to vote.
2161753 (D) A statement in close proximity to the boxes and in
2171754 prominent type: "IF YOU DO NOT CHECK EITHER BOX,
2181755 YOU WILL BE CONSIDERED TO HAVE DECIDED NOT
2191756 TO REGISTER TO VOTE AT THIS TIME.".
2201757 (E) A statement reading "If you would like help in filling out
2211758 the voter registration application form, we will help you. The
2221759 decision whether to seek or accept help is yours. You may fill
2231760 out the application form in private.".
2241761 (F) A statement reading "If you believe that someone has
2251762 interfered with your right to register or to decline to register to
2261763 vote, or your right to choose your political party or other
2271764 political preference, you may file a complaint with (insert the
2281765 title, address, and telephone number of the NVRA official). If
2291766 you want you may first try to solve the problem by filing a
2301767 complaint with the county voter registration office of the
2311768 county where the violation occurred.".
2321769 (4) The form must be designed to make voter registration as
2331770 accessible as possible for persons with disabilities.
2341771 (b) The registration form prescribed under section 11 of this
2351772 chapter must include a statement informing the individual that if
2361773 the individual is registering for the first time, the appropriate
2371774 information required under IC 3-7-33-4.7 must be submitted with
2381775 the registration form in order to avoid the additional identification
2391776 requirements upon voting for the first time.
2401777 SECTION 7. IC 3-7-16-14 IS AMENDED TO READ AS
2411778 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. An applicant who
2421779 fails to check either box described in section 12(3) 12(a)(3) of this
2431780 chapter or to sign a separate declination form under section 13 of this
2441781 chapter shall be considered to have declined to register.
2451782 SECTION 8. IC 3-7-18-4, AS AMENDED BY P.L.169-2015,
2461783 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2471784 JULY 1, 2024]: Sec. 4. (a) The registration form prescribed under
2481785 section 3 of this chapter must meet the following requirements:
2491786 (1) The form must be equivalent to the mail registration form
2501787 prescribed by the election division under IC 3-7-31 and in
251-HEA 1264 7
2521788 compliance with 52 U.S.C. 20506(a)(6)(A)(ii).
2531789 (2) The form must include a statement that does the following:
2541790 (A) Sets forth each eligibility requirement for registration
1791+EH 1264—LS 6963/DI 144 42
2551792 (including citizenship).
2561793 (B) Contains an attestation that the applicant meets each of the
2571794 eligibility requirements.
2581795 (C) Requires the signature of the applicant, under penalty of
2591796 perjury, and the date the form was signed.
2601797 (3) The form must include the following as provided in 52 U.S.C.
2611798 20506(a)(6)(B):
2621799 (A) A question reading "If you are not registered to vote where
2631800 you live now, would you like to apply to register to vote here
2641801 today?".
2651802 (B) A statement reading "Applying to register or declining to
2661803 register to vote will not affect the amount of assistance that
2671804 you will be provided by this agency.".
2681805 (C) Boxes for the applicant to check to indicate whether the
2691806 applicant would like to register or declines to register to vote.
2701807 (D) A statement in close proximity to the boxes and in
2711808 prominent type: "IF YOU DO NOT CHECK EITHER BOX,
2721809 YOU WILL BE CONSIDERED TO HAVE DECIDED NOT
2731810 TO REGISTER TO VOTE AT THIS TIME.".
2741811 (E) A statement reading "If you would like help in filling out
2751812 the voter registration application form, we will help you. The
2761813 decision whether to seek or accept help is yours. You may fill
2771814 out the application form in private.".
2781815 (F) A statement reading "If you believe that someone has
2791816 interfered with your right to register or to decline to register to
2801817 vote, or your right to choose your political party or other
2811818 political preference, you may file a complaint with (insert the
2821819 title, address, and telephone number of the NVRA official). If
2831820 you want you may first try to solve the problem by filing a
2841821 complaint with the county voter registration office of the
2851822 county where the violation occurred.".
2861823 (b) The registration form prescribed under section 3 of this
2871824 chapter must include a statement informing the individual that if
2881825 the individual is registering for the first time, the appropriate
2891826 information required under IC 3-7-33-4.7 must be submitted with
2901827 the registration form in order to avoid the additional identification
2911828 requirements upon voting for the first time.
2921829 SECTION 9. IC 3-7-18-6 IS AMENDED TO READ AS FOLLOWS
2931830 [EFFECTIVE JULY 1, 2024]: Sec. 6. An applicant who fails to check
294-HEA 1264 8
2951831 either box described in section 4(3) 4(a)(3) of this chapter or to sign a
2961832 separate declination form under section 5 of this chapter shall be
2971833 considered to have declined to register.
1834+EH 1264—LS 6963/DI 144 43
2981835 SECTION 10. IC 3-7-22-5, AS AMENDED BY P.L.128-2015,
2991836 SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3001837 JULY 1, 2024]: Sec. 5. A mail registration form prescribed under
3011838 section 3 of this chapter must meet the following requirements:
3021839 (1) The form must include a statement that does the following:
3031840 (A) Sets forth each eligibility requirement for registration
3041841 (including citizenship).
3051842 (B) Contains an attestation that the applicant meets each of the
3061843 eligibility requirements.
3071844 (C) Requires the signature of the applicant, under penalty of
3081845 perjury.
3091846 (2) The form must include, in print that is identical to the print
3101847 used in the attestation part of the application, information setting
3111848 forth the penalties provided by law for submission of a false voter
3121849 registration application.
3131850 (3) The question "Are you a citizen of the United States of
3141851 America?" and boxes for the applicant to check to indicate
3151852 whether the applicant is or is not a citizen of the United States.
3161853 (4) The question "Will you be 18 years of age on or before
3171854 election day?" and boxes for the applicant to check to indicate
3181855 whether or not the applicant will be eighteen (18) years of age on
3191856 or before election day.
3201857 (5) A statement informing the individual that, if the form is
3211858 submitted by mail and the individual is registering for the first
3221859 time, the appropriate information required under 52 U.S.C. 21083
3231860 or IC 3-7-33-4.7 must be submitted with the mail-in registration
3241861 form in order to avoid the additional identification requirements
3251862 upon voting for the first time.
3261863 SECTION 11. IC 3-7-27-20.2, AS AMENDED BY P.L.164-2006,
3271864 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3281865 JULY 1, 2024]: Sec. 20.2. (a) The county voter registration office shall
3291866 prepare an entry in the computerized system indicating:
3301867 (1) whether the applicant was required to provide documentation
3311868 under IC 3-7-33-4.5 or IC 3-7-33-4.7; and
3321869 (2) if so, whether the required documentation has been provided.
3331870 (b) If the documentation required under IC 3-7-33-4.5 or
3341871 IC 3-7-33-4.7 has been provided, the entry must include the following:
3351872 (1) The date the documentation was filed with the county voter
3361873 registration office.
337-HEA 1264 9
3381874 (2) Whether the documentation was filed with the county voter
3391875 registration office by:
3401876 (A) a precinct election board after the person voted in person
1877+EH 1264—LS 6963/DI 144 44
3411878 at the polling place;
3421879 (B) the county election board after the person applied to cast
3431880 an absentee ballot; or
3441881 (C) the applicant as part of the original filing of the application
3451882 to register to vote, or in a subsequent filing received by the
3461883 county voter registration office.
3471884 (3) A brief description of the type of documentation provided.
3481885 The election division shall provide each county voter registration office
3491886 with a suggested coding system for identifying the types of
3501887 documentation.
3511888 SECTION 12. IC 3-7-29-1, AS AMENDED BY P.L.169-2015,
3521889 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3531890 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (f), this
3541891 section does not apply to a county that:
3551892 (1) has adopted an order under section 6(a)(1) of this chapter; or
3561893 (2) is a vote center county under IC 3-11-18.1.
3571894 (b) Not later than ten (10) days before the election at which the
3581895 registration record is to be used, the county voter registration office
3591896 shall prepare certified copies of the list of registered voters for each
3601897 precinct in the county.
3611898 (c) The lists must contain the following information concerning
3621899 each registered voter:
3631900 (1) The full name of the voter.
3641901 (2) The address of the voter.
3651902 (3) The assigned voter identification number.
3661903 (4) Whether the voter is required to provide additional
3671904 identification before voting either in person or by absentee ballot.
3681905 (5) The date of birth of the voter, including an indication whether
3691906 the voter is less than eighteen (18) years of age for a poll list used
3701907 in a primary election.
3711908 (6) The scanned signature of the voter.
3721909 (7) Whether the voter is required to provide an affirmation of the
3731910 voter's residence.
3741911 (8) A bar code that allows the county voter registration office to
3751912 efficiently record whether the voter has signed the poll list.
3761913 (9) For a poll list used in a primary election, a letter abbreviation
3771914 of the name of the major political party whose ballot the voter has
3781915 requested.
3791916 (10) A space for a poll clerk to indicate when a voter has cast an
380-HEA 1264 10
3811917 absentee ballot.
3821918 (11) A space for a poll clerk to indicate when a voter has cast a
3831919 provisional ballot.
1920+EH 1264—LS 6963/DI 144 45
3841921 (12) For a voter required to submit additional documentation
3851922 required under IC 3-7-33-4.5 or IC 3-7-33-4.7, a space for a poll
3861923 clerk to insert letters serving as an abbreviation for the type of
3871924 documentation provided by the voter.
3881925 (d) The names shall be arranged in the same order as they are in the
3891926 registration record of the precinct.
3901927 (e) The poll list must also contain a statement at the top of each
3911928 page indicating that an individual who knowingly makes a false
3921929 statement:
3931930 (1) by signing a poll list; or
3941931 (2) on a poll list concerning the individual's name, voter
3951932 identification number, or residence address;
3961933 commits a Level 6 felony as provided by IC 3-14-2-11.
3971934 (f) This subsection applies to a county that has adopted an order
3981935 under section 6(a)(1) of this chapter or is a vote center county under
3991936 IC 3-11-18.1. The precinct election board shall post in a location within
4001937 the precinct or vote center a notice that:
4011938 (1) is clearly visible to an individual (or to an individual providing
4021939 assistance under IC 3-11-9) who is providing information to a
4031940 precinct election officer using an electronic poll book; and
4041941 (2) indicates that an individual commits a Level 6 felony under
4051942 IC 3-14-2-11, if the individual knowingly makes a false statement
4061943 to a precinct election officer concerning:
4071944 (A) the individual's name;
4081945 (B) the individual's voter identification number; or
4091946 (C) the individual's residence address.
4101947 SECTION 13. IC 3-7-33-4.7 IS ADDED TO THE INDIANA CODE
4111948 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4121949 1, 2024]: Sec. 4.7. (a) The requirements of this section:
4131950 (1) apply to an individual who has not previously voted in:
4141951 (A) a general election in Indiana (or a special election for
4151952 federal office in Indiana); or
4161953 (B) a general election (or a special election for federal
4171954 office) in the county where the individual has submitted a
4181955 registration application if the application was received by
4191956 the county voter registration office after December 31,
4201957 2002, and before January 1, 2006; and
4211958 (2) do not apply to an individual who:
4221959 (A) submits with the individual's application the:
423-HEA 1264 11
4241960 (i) individual's Indiana driver's license number; or
4251961 (ii) last four (4) digits of the individual's Social Security
4261962 number;
1963+EH 1264—LS 6963/DI 144 46
4271964 and the county voter registration office or election division
4281965 matches the information submitted by the applicant with
4291966 an existing Indiana identification record bearing the same
4301967 identification number, name, and date of birth set forth in
4311968 the voter registration application;
4321969 (B) is an absent uniformed services voter or overseas
4331970 voter;
4341971 (C) is entitled to vote other than in person under the
4351972 federal Voting Accessibility for the Elderly and
4361973 Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)) due to a
4371974 determination by the election division that a permanent or
4381975 temporarily accessible polling place cannot be provided for
4391976 the individual; or
4401977 (D) is entitled to vote other than in person under any other
4411978 federal law.
4421979 (b) Subject to subsection (c), an individual who applies to
4431980 register to vote in person at a registration agency shall present with
4441981 the individual's application:
4451982 (1) a current and valid photo identification; or
4461983 (2) a current utility bill, bank statement, government check,
4471984 paycheck, or government document;
4481985 that shows the name and residence address of the voter stated on
4491986 the voter registration application.
4501987 (c) When a county voter registration office receives a voter
4511988 registration application under subsection (b), the office shall
4521989 determine whether the applicant:
4531990 (1) complied with the proof of residence requirements under
4541991 subsection (b); or
4551992 (2) must provide additional documentation to comply with the
4561993 proof of residence requirements under subsection (b).
4571994 (d) If the county voter registration office determines that the
4581995 applicant:
4591996 (1) is not required to submit additional documentation under
4601997 subsection (b); or
4611998 (2) has provided the documentation required under subsection
4621999 (b);
4632000 the county voter registration office shall process the application in
4642001 accordance with section 5 of this chapter.
4652002 (e) If the county voter registration office determines that the
466-HEA 1264 12
4672003 applicant is required to submit additional documentation under
4682004 subsection (b), the office shall process the application under section
4692005 5 of this chapter and, if the applicant is otherwise eligible to vote,
2006+EH 1264—LS 6963/DI 144 47
4702007 add the information concerning this documentation to the voter's
4712008 computerized registration entry under IC 3-7-27-20.2.
4722009 (f) The county voter registration office shall remove the notation
4732010 described in subsection (e) after the voter votes in an election for
4742011 a federal office.
4752012 (g) The requirements of this section must be administered in a
476-uniform and nondiscriminatory manner.
477-SECTION 14. IC 3-7-33-5.7, AS ADDED BY P.L.227-2023,
478-SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
479-JULY 1, 2024]: Sec. 5.7. (a) The statewide voter registration system
480-must contain a feature that identifies:
481-(1) potential nonresidential addresses submitted on voter
482-registration applications; and
483-(2) voter registrations in the statewide voter registration
484-system that list a potential nonresidential address.
485-(b) This subsection applies to an application with a residence
486-address that the statewide voter registration system identifies as a
487-potential nonresidential address. Before the county voter registration
488-official makes a determination on the application under section 5 of
489-this chapter, the official shall conduct research on the application to
490-determine if:
491-(1) an individual could reside at the address stated on the
492-application; or
493-(2) the applicant resides at a nontraditional address described in
494-IC 3-5-5-18.
495-SECTION 15. IC 3-7-38.2-2, AS AMENDED BY P.L.141-2020,
496-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
497-JANUARY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b)
498-or (c), a voter list maintenance program conducted under this chapter
499-must:
500-(1) be uniform, nondiscriminatory, and in compliance with the
501-Voting Rights Act of 1965 (52 U.S.C. 10101);
502-(2) not result in the removal of the name of a person from the
503-official list of voters solely due to the person's failure to vote; and
504-(3) be completed not later than ninety (90) days before a primary
505-or general election.
506-(b) A voter list maintenance program conducted under this chapter
507-in a year other than a year in which a general election is conducted
508-must:
509-HEA 1264 13
510-(1) comply with the requirements set forth in subsection (a)(1)
511-and (a)(2); and
512-(2) be completed not later than twenty-nine (29) days before a
513-municipal election or special election (other than for a federal
514-office) is conducted.
515-(c) If a special election is required for a vacancy in a federal office
516-in a year in which a general election is not conducted, the voter list
517-maintenance program conducted under this chapter must:
518-(1) comply with the requirements of subsection (a)(1) and (a)(2);
519-and
520-(2) be completed not later than ninety (90) days before the date
521-that the special election is conducted.
522-A voter list maintenance program may also be conducted under this
523-section in a calendar year following the date of the special election if
524-the program is completed no later than the deadline set forth in
525-subsection (a).
526-(d) A county voter registration office may conduct a voter list
527-maintenance program that complies with subsection (a). In conducting
528-a voter list maintenance program, the county voter registration office
529-shall mail a notice described in subsection (f) to each voter whose
530-registration has not previously been canceled or designated as inactive
531-under this chapter at the mailing address:
532-(1) listed in the voter's registration record; and
533-(2) determined by the county voter registration office not to be the
534-voter's current residence address.
535-(e) A county voter registration office may use information only from
536-the following sources to make the determination under subsection
537-(d)(2):
538-(1) The United States Postal Service National Change of Address
539-Service.
540-(2) A court regarding jury duty notices returned because of an
541-unknown or insufficient address.
542-(3) The return of a mailing sent by the county voter registration
543-office to all active voters (as defined in IC 3-11-18.1-2) in the
544-county because of an unknown or insufficient address.
545-(4) The bureau of motor vehicles concerning the surrender of a
546-voter's Indiana license for the operation of a motor vehicle to
547-another jurisdiction.
548-(5) The return by the United States Postal Service after the
549-expiration of the seven (7) day pending period of a notice
550-regarding the disposition of a voter registration application under
551-IC 3-7-33-5 because of an unknown or insufficient address.
552-HEA 1264 14
553-(6) The return of a mailing sent to voters of a precinct advising
554-voters of a change of precinct boundary or the precinct polling
555-place because of an unknown or insufficient address, if the county
556-sends a similar mailing to the voters of each precinct when a
557-boundary or polling place is changed.
558-(7) Information received from the election division under section
559-5 of this chapter or section 16 of this chapter.
560-(8) A declination to register by the voter stating that the voter
561-resides at an address different from the address on the voter's
562-registration record.
563-(9) Information received from the election division as a result
564-of a comparison between:
565-(A) a voter registration address; and
566-(B) commercially available data, such as data from a credit
567-agency.
568-(f) The notice described in subsection (d) must:
569-(1) be sent by first class United States mail, postage prepaid, by
570-a method that requires the notice to be forwarded to the voter; and
571-(2) include a postage prepaid return card that:
572-(A) is addressed to the county voter registration office;
573-(B) states a date (which must be at least thirty (30) days after
574-the date the notice is mailed) by which the card must be
575-returned or the voter's registration will become inactive until
576-the information is provided to the county voter registration
577-office; and
578-(C) permits the voter to provide the voter's current residence
579-address.
580-(g) If a voter returns the card described in subsection (f)(2) and
581-provides a current residence address that establishes that the voter
582-resides:
583-(1) in the county, the county voter registration office shall update
584-the voter's registration record; or
585-(2) outside the county, the county voter registration office shall
586-cancel the voter's registration.
587-(h) If a card is returned as undeliverable due to an unknown or
588-insufficient address by the United States Postal Service after the date
589-specified in subsection (f)(2)(B), the county voter registration office
590-shall, when registration reopens after the next primary, general, or
591-municipal election, determine whether the voter voted or appeared to
592-vote from the address set forth in the registration record at any election
593-occurring after the final day for completing voter list maintenance
594-activities, and if not, then designate the voter as inactive.
595-HEA 1264 15
596-(i) If a voter does not return the card described in subsection (f)(2)
597-by the date specified in subsection (f)(2)(B), the county voter
598-registration office shall indicate in the voter's registration record that
599-the voter's registration is inactive.
600-(j) A voter's registration that becomes inactive under subsection (h)
601-or (i) remains in inactive status from the date described in subsection
602-(f)(2)(B) until the earlier of the following:
603-(1) The date the county voter registration office updates or
604-cancels the voter's registration under subsection (g) after the voter
605-provides a current residence address.
606-(2) The day after the second general election in which the voter
607-has not voted or appeared to vote.
608-(k) After the date described in subsection (j)(2), the county voter
609-registration office shall remove the voter's registration from the voter
610-registration records.
611-SECTION 16. IC 3-7-38.2-7.1 IS ADDED TO THE INDIANA
612-CODE AS A NEW SECTION TO READ AS FOLLOWS
613-[EFFECTIVE JULY 1, 2024]: Sec. 7.1. (a) The secretary of state may
614-contract with a company to receive commercially available data,
615-such as data from a credit agency.
616-(b) The secretary of state shall transmit to the NVRA official the
617-information received under subsection (a).
618-(c) The NVRA official (or a contractor retained by the election
619-division under this chapter) shall use the information supplied by
620-the secretary of state under this section to identify a voter whose
621-residence may have changed.
622-SECTION 17. IC 3-7-38.2-7.3 IS ADDED TO THE INDIANA
623-CODE AS A NEW SECTION TO READ AS FOLLOWS
624-[EFFECTIVE JULY 1, 2025]: Sec. 7.3. (a) For purposes of this
625-section, "proof of citizenship" means one (1) or more of the
626-following:
627-(1) The voter's birth certificate or a legible photocopy of the
628-voter's birth certificate.
629-(2) The voter's United States passport or a legible photocopy
630-of the pages of the passport that identify the voter and show
631-the passport number.
632-(3) The voter's United States naturalization documentation, a
633-legible photocopy of the voter's naturalization documentation,
634-or the voter's certificate of naturalization number. A voter
635-who provides a certificate of naturalization number in lieu of
636-the naturalization documentation is not deemed to have
637-provided proof of citizenship until the county voter
638-HEA 1264 16
639-registration office verifies the number with the United States
640-Citizenship and Immigration Services or a successor agency.
641-(4) A document or method of proof of citizenship established
642-under the Immigration Reform and Control Act of 1986 (8
643-U.S.C. 1101 et seq.).
644-(b) The NVRA official shall compare the statewide voter
645-registration system with the bureau of motor vehicles list of
646-temporary credentials issued under IC 9-24-11-5(c) or
647-IC 9-24-16-3(f). If evidence exists that a registered voter is not a
648-citizen of the United States, the NVRA official shall notify the
649-county voter registration office of the county in which the
650-individual is registered to vote that the registered voter may not be
651-a citizen of the United States.
652-(c) After receiving a notice under subsection (b), the county
653-voter registration office shall send a notice to the registered voter
654-inquiring whether the individual is eligible to be registered to vote.
655-An individual who receives a notice under this subsection shall,
656-within thirty (30) days of receiving the notice, provide proof of
657-citizenship to the county voter registration office in person or by
658-mail.
659-(d) If the individual does not provide proof of citizenship within
660-thirty (30) days of receipt of the notice under subsection (c), the
661-county voter registration office that issued the notice shall cancel
662-the individual's registration.
663-(e) An individual who is unable to provide documentation as
664-proof of citizenship under this section may appeal in person or by
665-mail to the county election board of the county in which the person
666-was registered to vote. After receiving an appeal, the county
667-election board shall:
668-(1) conduct a hearing;
669-(2) make a finding concerning the individual's citizenship
670-status; and
671-(3) send a copy of its decision to the county voter registration
672-office of the county in which the individual resides.
673-A county voter registration office that receives a decision under
674-subdivision (3) shall change the voter registration records to
675-accurately reflect the decision of the county election board with
676-respect to the individual.
677-(f) Documentation provided to show proof of citizenship under
678-this section is confidential and is not available for inspection by the
679-public.
680-SECTION 18. IC 3-7-38.2-7.4 IS ADDED TO THE INDIANA
681-HEA 1264 17
682-CODE AS A NEW SECTION TO READ AS FOLLOWS
683-[EFFECTIVE JULY 1, 2024]: Sec. 7.4. (a) This section applies when
684-the feature within the statewide voter registration system described
685-in IC 3-7-33-5.7(a)(2) identifies a voter registration that lists a
686-potential nonresidential address.
687-(b) The county voter registration official shall conduct research
688-on the registration described in subsection (a) to determine if:
689-(1) an individual could reside at the address stated on the
690-registration; or
691-(2) the individual resides at a nontraditional residence
692-described in IC 3-5-5-18.
693-(c) If the county voter registration official determines, following
694-research under subsection (b), that:
695-(1) an individual could not reside at the address; or
696-(2) the individual does not reside at a nontraditional residence
697-described in IC 3-5-5-18;
698-the county voter registration official may perform the voter list
699-maintenance procedures under this chapter.
700-SECTION 19. IC 3-7-38.2-16, AS AMENDED BY P.L.201-2017,
701-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
702-JULY 1, 2024]: Sec. 16. (a) The NVRA official shall, not later than
703-January 31 of each even numbered even-numbered year, request
704-information from the
705-(1) United States District Court for the Northern District of
706-Indiana and the
707-(2) United States District Court for the Southern District of
708-Indiana
709-concerning:
710-(1) the return of U.S. mail sent by the court for jury selection
711-purposes; and
712-(2) individuals disqualified from jury service due to
713-citizenship status.
714-(b) Not later than twenty-eight (28) days following the primary
715-election conducted in that year, the state shall provide each county
716-voter registration office with information concerning any registered
717-voter who:
718-(1) appears to no longer reside at the address set forth in the
719-voter's registration record due to a mailing returned to the courts;
720-and
721-(2) is disqualified or potentially disqualified as a prospective
722-juror from jury service because the registered voter is not a
723-United States citizen.
724-HEA 1264 18
725-(c) Not later than forty-two (42) days following the primary election
726-conducted in that year, the county voter registration office shall:
727-(1) send an address confirmation notice to the voter described by
728-this subsection (b) at the voter's mailing address; or
729-(2) follow the procedures prescribed by section 7.3 of this
730-chapter.
731-SECTION 20. IC 3-10-1-24, AS AMENDED BY P.L.278-2019,
2013+uniform and nondiscriminatory manner.".
2014+Delete pages 3 through 6.
2015+Page 7, delete lines 1 through 11.
2016+Page 13, delete lines 8 through 42.
2017+Delete page 14.
2018+Page 15, delete lines 1 through 10, begin a new paragraph and
2019+insert:
2020+"SECTION 20. IC 3-10-1-24, AS AMENDED BY P.L.278-2019,
7322021 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7332022 JULY 1, 2024]: Sec. 24. (a) A voter who desires to vote must give the
7342023 voter's name and political party to the poll clerks of the precinct on
7352024 primary election day. In a vote center county using an electronic poll
7362025 book, two (2) election officers who are not members of the same
7372026 political party must be present when a voter signs in on the electronic
7382027 poll book. The poll clerks shall require the voter to write the following
7392028 on the poll list or to provide the following information for entry into the
7402029 electronic poll book:
7412030 (1) The voter's name.
7422031 (2) Except as provided in subsection (d), the voter's current
7432032 residence address.
7442033 (3) The name of the voter's party. A voter shall mark the voter's
7452034 political party ballot selection on the electronic poll book
7462035 instead of communicating the selection to the poll clerks.
7472036 After:
7482037 (A) the voter writes the voter's party on the poll list; or
7492038 (B) the voter's party is entered into the electronic poll book;
7502039 the voter may not change the choice of the voter's party.
7512040 (b) The poll clerks shall:
7522041 (1) ask the voter to provide or update the voter's voter
7532042 identification number;
7542043 (2) tell the voter the number the voter may use as a voter
7552044 identification number; and
7562045 (3) explain to the voter that the voter is not required to provide a
7572046 voter identification number at the polls.
7582047 (c) If the voter is unable to sign the voter's name, the voter must sign
7592048 the poll list by mark, which must be witnessed by one (1) of the poll
2049+EH 1264—LS 6963/DI 144 48
7602050 clerks or assistant poll clerks acting under IC 3-6-6, who shall place the
7612051 poll clerk's or assistant poll clerk's initials after or under the mark.
7622052 (d) The poll list (or each line on a poll list sheet provided to take a
7632053 voter's current residence address) must include a box under the heading
7642054 "Address Unchanged" so that the voter may check the box instead of
7652055 writing the voter's current address on the poll list, or if an electronic
7662056 poll book is used, the poll clerk may check the box after stating to the
767-HEA 1264 19
7682057 voter the address shown on the electronic poll book and receiving an
7692058 oral affirmation from the voter that the voter's residence address shown
7702059 on the poll list is the voter's current residence address instead of writing
7712060 the voter's current residence address on the poll list or reentering the
7722061 address in the electronic poll book.
7732062 (e) If the voter makes:
7742063 (1) a written affirmation on the poll list (or if an electronic poll
7752064 book is used, a written affirmation in the manner described in
7762065 IC 3-7-39-7) that the voter resides at an address within the
7772066 precinct but not at the address shown on the poll list for the
7782067 precinct; or
7792068 (2) an oral affirmation of a change of address under IC 3-7-39-7;
7802069 the county election board shall direct the county voter registration
7812070 office to transfer the individual's voter registration record to the address
7822071 within the precinct indicated by the voter.
7832072 SECTION 21. IC 3-11-4-17.5, AS AMENDED BY P.L.140-2023,
7842073 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7852074 JULY 1, 2024]: Sec. 17.5. (a) Upon receiving an application for an
7862075 absentee ballot, the county election board (or the absentee voter board
7872076 in the office of the circuit court clerk) shall determine if:
7882077 (1) the applicant is a voter of the precinct in which the applicant
7892078 resides, according to the records of the county voter registration
7902079 office;
7912080 (2) the information set forth on the application appears to be true;
7922081 (3) the signature of the voter on the application substantially
7932082 conforms with the signature of the voter on the voter registration
7942083 record, or that any substantial difference between the signatures
7952084 can be accounted for by age or disability of the voter or the
7962085 execution of the affidavit by an individual acting under section
7972086 2(b) of this chapter; and
7982087 (4) the application has been completed and filed in accordance
7992088 with Indiana and federal law.
8002089 If the members of the absentee voter board are unable to agree about
8012090 any of the determinations described in subdivisions (1) through (4), the
8022091 issue shall be referred to the county election board for determination.
2092+EH 1264—LS 6963/DI 144 49
8032093 If the application is submitted by a voter wanting to cast an absentee
8042094 ballot under IC 3-11-10-26, IC 3-11-10-26.2, or IC 3-11-10-26.3, the
8052095 voter shall be permitted to cast a provisional ballot, which the county
8062096 election board shall retain.
8072097 (b) If:
8082098 (1) the applicant is not a voter of the precinct according to the
8092099 registration record; or
810-HEA 1264 20
8112100 (2) the application as completed and filed:
8122101 (A) contains a false statement; or
8132102 (B) does not otherwise comply with Indiana or federal law;
8142103 as alleged under section 18.5 of this chapter, the county election board
8152104 shall deny the application.
8162105 (c) A voter's failure to provide the information requested under
8172106 section 5.1 of this chapter does not affect a voter's ability to receive an
8182107 absentee ballot. A county election board may not deny an application
8192108 because the voter has not provided the information requested under
8202109 section 5.1 of this chapter as a part of the voter's application for an
8212110 absentee ballot. The county election board shall implement the
8222111 procedures prescribed by section 17.6 of this chapter if the voter fails
8232112 to provide the information requested under section 5.1 of this chapter.
8242113 (d) If the application is denied, the county election board shall
8252114 provide the voter with the reasons for the denial of the application.
8262115 Unless the voter is present when the board denies the application, the
8272116 board shall send a written notice stating the reasons for the denial to the
8282117 voter. The notice must be sent:
8292118 (1) not later than forty-eight (48) hours after the application is
8302119 denied; and
8312120 (2) to the voter:
8322121 (A) at the address at which the voter requested that the
8332122 absentee ballot be mailed;
8342123 (B) to the voter's electronic mail address, if the voter has
8352124 provided an electronic mail address on the voter's absentee
8362125 ballot application; or
8372126 (C) by personal delivery of the notice.
8382127 (e) If the county election board determines that the applicant is a
8392128 voter of the precinct under subsection (a), the board shall then
8402129 determine whether:
8412130 (1) the applicant was required to file any additional
8422131 documentation under IC 3-7-33-4.5 or IC 3-7-33-4.7; and
8432132 (2) the applicant has filed this documentation according to the
8442133 records of the county voter registration office.
8452134 If the applicant has not filed the required documentation, the county
2135+EH 1264—LS 6963/DI 144 50
8462136 election board shall approve the application if the application otherwise
8472137 complies with this chapter. The board shall add a notation to the
8482138 application and to the record compiled under section 17 of this chapter
8492139 indicating that the applicant will be required to provide additional
8502140 documentation to the county voter registration office under
8512141 IC 3-7-33-4.5 or IC 3-7-33-4.7 before the absentee ballot may be
8522142 counted.
853-HEA 1264 21
8542143 (f) If the applicant:
8552144 (1) is a voter of the precinct according to the registration record;
8562145 and
8572146 (2) states on the application that the applicant resides at an
8582147 address that is within the same precinct but is not the same
8592148 address shown on the registration record;
8602149 the county election board shall direct the county voter registration
8612150 office to transfer the applicant's voter registration address to the
8622151 address within the precinct shown on the application. The applicant's
8632152 application for an absentee ballot shall be approved if the applicant is
8642153 otherwise eligible to receive the ballot under this chapter.
8652154 SECTION 22. IC 3-11-4-18, AS AMENDED BY P.L.227-2023,
8662155 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8672156 JULY 1, 2024]: Sec. 18. (a) If a voter satisfies any of the qualifications
8682157 described in IC 3-11-10-24 that entitle a voter to cast an absentee ballot
8692158 by mail, the county election board shall, at the request of the voter, mail
8702159 the official ballot, postage fully prepaid, to the voter at the address
8712160 stated in the application. Each ballot may be assigned a unique tracking
8722161 number as prescribed by the election division using IMb Tracing or a
8732162 similar automated tracking method to provide real-time tracking
8742163 information for the envelope containing the ballot. As used in this
8752164 subsection, "IMb Tracing" refers to a real-time mail tracking service
8762165 offered through the United States Postal Service.
8772166 (b) If the county election board mails an absentee ballot to a voter
8782167 required to file additional documentation with the county voter
8792168 registration office before voting by absentee ballot under this chapter,
8802169 the board shall include a notice to the voter in the envelope mailed to
8812170 the voter under section 20 of this chapter. The notice must inform the
8822171 voter that the voter must file the additional documentation required
8832172 under IC 3-7-33-4.5 or IC 3-7-33-4.7 with the county voter registration
8842173 office before 6 p.m. on election day.
8852174 (c) Except as provided in this subsection, section 18.5 of this
8862175 chapter, or IC 3-11-10-26.5, the ballot shall be transmitted:
8872176 (1) on the day of the receipt of the voter's application; or
8882177 (2) not more than five (5) days after the date of delivery of the
2178+EH 1264—LS 6963/DI 144 51
8892179 ballots under section 15 of this chapter;
8902180 whichever is later. If the election board determines that the county
8912181 voter registration office has received an application from the applicant
8922182 for registration at an address within the precinct indicated on the
8932183 application, and the election board determines that this application is
8942184 pending under IC 3-7-33, the ballot shall be mailed on the date the
8952185 county voter registration office indicates under IC 3-7-33-5(g) that the
896-HEA 1264 22
8972186 applicant is a registered voter.
8982187 (d) As required by 52 U.S.C. 21081, an election board shall
8992188 establish a voter education program (specific to a paper ballot or
9002189 optical scan ballot card provided as an absentee ballot under this
9012190 chapter) to notify a voter of the effect of casting multiple votes for a
9022191 single office.
9032192 (e) As provided by 52 U.S.C. 21081, when an absentee ballot is
9042193 transmitted under this section, the mailing must include:
9052194 (1) information concerning the effect of casting multiple votes for
9062195 an office; and
9072196 (2) instructions on how to correct the ballot before the ballot is
9082197 cast and counted, including the issuance of replacement ballots.
9092198 SECTION 23. IC 3-11-8-10.3, AS AMENDED BY P.L.115-2022,
9102199 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9112200 JULY 1, 2024]: Sec. 10.3. (a) A reference to an electronic poll list in
9122201 a vote center plan adopted under IC 3-11-18.1 before July 1, 2014, is
9132202 considered to be a reference to an electronic poll book (as defined by
9142203 IC 3-5-2-20.5), unless otherwise expressly provided in the vote center
9152204 plan.
9162205 (b) An electronic poll book must satisfy all of the following:
9172206 (1) An electronic poll book must be programmed so that the
9182207 coordinated action of two (2) election officers who are not
9192208 members of the same political party is necessary to access the
9202209 electronic poll book.
9212210 (2) An electronic poll book may not be connected to a voting
9222211 system. However, the electronic poll book may be used in
9232212 conjunction with a voting system if both of the following apply:
9242213 (A) The electronic poll book contains a device that must be
9252214 physically removed from the electronic poll book by a person
9262215 and the device is inserted into the voting system, with no
9272216 hardware or software connection existing between the
9282217 electronic poll book and the voting system.
9292218 (B) All data on the device is erased when the device is
9302219 removed from the voting system and before the device is
9312220 reinserted into an electronic poll book.
2221+EH 1264—LS 6963/DI 144 52
9322222 (3) An electronic poll book may not permit access to voter
9332223 information other than:
9342224 (A) information provided on the certified list of voters
9352225 prepared under IC 3-7-29-1; or
9362226 (B) information concerning any of the following received or
9372227 issued after the electronic poll list has been downloaded by the
9382228 county election board under IC 3-7-29-6:
939-HEA 1264 23
9402229 (i) The county's receipt of an absentee ballot from the voter.
9412230 (ii) The county's receipt of additional documentation
9422231 provided by the voter to the county voter registration office.
9432232 (iii) The county's issuance of a certificate of error.
9442233 An electronic poll book may not display whether a voter's
9452234 registration record is in active or inactive status.
9462235 (4) The information contained on an electronic poll book must be
9472236 secure and placed on a dedicated, private server to secure
9482237 connectivity between a precinct polling place or satellite absentee
9492238 office and the county election board. The electronic poll book
9502239 must have the capability of:
9512240 (A) storing (in external or internal memory) the current local
9522241 version of the electronic poll list; and
9532242 (B) producing a list of audit records that reflect all of the
9542243 idiosyncrasies of the system, including in-process audit
9552244 records that set forth all transactions.
9562245 (5) The electronic poll book must permit a poll clerk to enter
9572246 information regarding an individual who has appeared to vote to
9582247 verify whether the individual is eligible to vote, and if so, whether
9592248 the voter has:
9602249 (A) already received a ballot at the election;
9612250 (B) returned an absentee ballot; or
9622251 (C) submitted any additional documentation required under
9632252 IC 3-7-33-4.5 or IC 3-7-33-4.7.
9642253 (6) After the voter has been provided with a ballot, the electronic
9652254 poll book must permit a poll clerk to enter information indicating
9662255 that the voter has received a ballot.
9672256 (7) The electronic poll book must transmit the information in
9682257 subdivision (6) to the county server so that:
9692258 (A) the server may transmit the information immediately to
9702259 every other polling place or satellite absentee office in the
9712260 county; or
9722261 (B) the server makes the information immediately available to
9732262 every other polling place or satellite office in the county.
9742263 (8) The electronic poll book must permit reports to be:
2264+EH 1264—LS 6963/DI 144 53
9752265 (A) generated by a county election board for a watcher
9762266 appointed under IC 3-6-8 at any time during election day; and
9772267 (B) electronically transmitted by the county election board to
9782268 a political party or independent candidate who has appointed
9792269 is eligible to appoint a watcher under IC 3-6-8.
9802270 (9) On each day after absentee ballots are cast before an absentee
9812271 voter board in the circuit court clerk's office, a satellite office, or
982-HEA 1264 24
9832272 a vote center, and after election day, the electronic poll book must
9842273 permit voter history to be quickly and accurately uploaded into
9852274 the computerized list (as defined in IC 3-7-26.3-2).
9862275 (10) The electronic poll book must be able to display an electronic
9872276 image of the signature of a voter taken from:
9882277 (A) the voter's registration application; or
9892278 (B) a more recent signature of a voter from an absentee
9902279 application, poll list, electronic poll book, or registration
9912280 document.
9922281 (11) The electronic poll book must be used with a signature pad,
9932282 tablet, or other signature capturing device that permits the voter
9942283 to:
9952284 (A) make an electronic signature for comparison with the
9962285 signature displayed under subdivision (10); and
9972286 (B) indicate the name of the voter's political party under
9982287 IC 3-10-1-24.
9992288 An image of the electronic signature made by the voter on the
10002289 signature pad, tablet, or other signature capturing device must be
10012290 retained and identified as the signature of the voter for the period
10022291 required for retention under IC 3-10-1-31.1.
10032292 (12) The electronic poll book must include a bar code capturing
10042293 device that:
10052294 (A) permits a voter who presents an Indiana driver's license or
10062295 a state identification card issued under IC 9-24-16 to scan the
10072296 license or card through the bar code reader or tablet; and
10082297 (B) has the capability to display the voter's registration record
10092298 upon processing the information contained within the bar code
10102299 on the license or card.
10112300 (13) A printer separate from the electronic poll book used in a
10122301 vote center county may be programmed to print on the back of a
10132302 ballot card, immediately before the ballot card is delivered to the
10142303 voter, the printed initials of the poll clerks captured through the
10152304 electronic signature pad or tablet at the time the poll clerks log
10162305 into the electronic poll book system.
10172306 (14) The electronic poll book must be compatible with:
2307+EH 1264—LS 6963/DI 144 54
10182308 (A) any hardware attached to the electronic poll book, such as
10192309 signature capturing devices, bar code capturing devices, and
10202310 network cards;
10212311 (B) the statewide voter registration system; and
10222312 (C) any software system used to prepare voter information to
10232313 be included on the electronic poll book.
10242314 (15) The electronic poll book must have the ability to be used in
1025-HEA 1264 25
10262315 conformity with this title for:
10272316 (A) any type of election conducted in Indiana; or
10282317 (B) any combination of elections held concurrently with a
10292318 general election, municipal election, primary election, or
10302319 special election.
10312320 (16) The procedures for setting up, using, and shutting down an
10322321 electronic poll book must be reasonably easy for a precinct
10332322 election officer to learn, understand, and perform. A vendor shall
10342323 provide sufficient training to election officials and poll workers
10352324 to completely familiarize them with the operations essential for
10362325 carrying out election activities. A vendor shall provide an
10372326 assessment of learning goals achieved by the training in
10382327 consultation with VSTOP (as described in IC 3-11-18.1-12).
10392328 (17) The electronic poll book must enable a precinct election
10402329 officer to verify that the electronic poll book:
10412330 (A) has been set up correctly;
10422331 (B) is working correctly so as to verify the eligibility of the
10432332 voter;
10442333 (C) is correctly recording that a voter received a ballot; and
10452334 (D) has been shut down correctly.
10462335 (18) The electronic poll book must include the following
10472336 documentation:
10482337 (A) Plainly worded, complete, and detailed instructions
10492338 sufficient for a precinct election officer to set up, use, and shut
10502339 down the electronic poll book.
10512340 (B) Training materials that:
10522341 (i) may be in written or video form; and
10532342 (ii) must be in a format suitable for use at a polling place,
10542343 such as simple "how to" guides.
10552344 (C) Failsafe data recovery procedures for information included
10562345 in the electronic poll book.
10572346 (D) Usability tests:
10582347 (i) that are conducted by the manufacturer of the electronic
10592348 poll book or an independent testing facility using individuals
10602349 who are representative of the general public;
2350+EH 1264—LS 6963/DI 144 55
10612351 (ii) that include the setting up, using, and shutting down of
10622352 the electronic poll book; and
10632353 (iii) that report their results using industry standard reporting
10642354 formats.
10652355 (E) A clear model of the electronic poll book system
10662356 architecture and the following documentation:
10672357 (i) End user documentation.
1068-HEA 1264 26
10692358 (ii) System-level and administrator level documentation.
10702359 (iii) Developer documentation.
10712360 (F) Detailed information concerning:
10722361 (i) electronic poll book consumables; and
10732362 (ii) the vendor's supply chain for those consumables.
10742363 (G) Vendor internal quality assurance procedures and any
10752364 internal or external test data and reports available to the
10762365 vendor concerning the electronic poll book.
10772366 (H) Repair and maintenance policies for the electronic poll
10782367 book.
10792368 (I) As of the date of the vendor's application for approval of
10802369 the electronic poll book by the secretary of state as required by
10812370 IC 3-11-18.1-12, the following:
10822371 (i) A list of customers who are using or have previously used
10832372 the vendor's electronic poll book.
10842373 (ii) A description of any known anomalies involving the
10852374 functioning of the electronic poll book, including how those
10862375 anomalies were resolved.
10872376 (J) Information concerning batteries used in the electronic poll
10882377 book, including the following:
10892378 (i) A list of all batteries to be used in the electronic poll
10902379 book and any peripherals.
10912380 (ii) The expected life span of each battery.
10922381 (iii) A log documenting when each battery was installed or
10932382 subsequently replaced.
10942383 (iv) A schedule for the replacement of each battery not later
10952384 than thirty (30) days before the end of the expected life span
10962385 of each battery.
10972386 (v) Plans to test batteries before each election.
10982387 (vi) Plans for the emergency replacement of batteries that
10992388 fail on election day or during the thirty (30) days before
11002389 election day.
11012390 (19) The electronic poll book and any hardware attached to the
11022391 electronic poll book must be designed to prevent injury or damage
11032392 to any individual or the hardware, including fire and electrical
2393+EH 1264—LS 6963/DI 144 56
11042394 hazards.
11052395 (20) The electronic poll book must demonstrate that it correctly
11062396 processes all activity regarding each voter registration record,
11072397 including the use, alteration, storage, receipt, and transmittal of
11082398 information that is part of the record. Compliance with this
11092399 subdivision requires the mapping of the data life cycle of the voter
11102400 registration record as processed by the electronic poll book.
1111-HEA 1264 27
11122401 (21) The electronic poll book must successfully perform in
11132402 accordance with all representations concerning functionality,
11142403 usability, security, accessibility, and sustainability made in the
11152404 vendor's application for approval of the electronic poll book by
11162405 the secretary of state as required by IC 3-11-18.1-12.
11172406 (22) The electronic poll book must have the capacity to transmit
11182407 all information generated by the voter or poll clerk as part of the
11192408 process of casting a ballot, including the time and date stamp
11202409 indicating when the voter signed the electronic poll book, and the
11212410 electronic signature of the voter, for retention on the dedicated
11222411 private server approved by the county election board for the
11232412 period required by Indiana and federal law.
11242413 (23) The electronic poll book must:
11252414 (A) permit a voter to check in and sign the electronic poll book
11262415 even when there is a temporary interruption in connectivity to
11272416 the Internet; and
11282417 (B) provide for the uploading of each signature so that the
11292418 signature may be assigned to the voter's registration record.
11302419 (24) The electronic poll book must have the capacity, for each
11312420 voter who appears on the electronic poll list, to transmit
11322421 information that a voter cast a provisional ballot:
11332422 (A) from the electronic poll book to the dedicated private
11342423 server; and
11352424 (B) from the dedicated private server to the voter's record in
11362425 the statewide voter registration system.
11372426 This functionality may not be disabled.
11382427 (c) The county election board is responsible for the care and custody
11392428 of all electronic poll books while not in use.
11402429 (d) The county election board is responsible for ensuring that all
11412430 electronic poll books are dedicated devices to be used only for their
11422431 intended purpose and for no other activity. Software that is not needed
11432432 for the essential purpose of running the electronic poll book may not be
11442433 installed on an electronic poll book.
11452434 SECTION 24. IC 3-11-8-23, AS AMENDED BY P.L.64-2014,
11462435 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2436+EH 1264—LS 6963/DI 144 57
11472437 JULY 1, 2024]: Sec. 23. (a) If a challenged voter has already made an
11482438 affirmation or executed an affidavit under IC 3-7-48-7.5, IC 3-10-10-9,
11492439 IC 3-10-11-4.5, or IC 3-10-12-5, the challenged voter is not required to
11502440 execute an additional affidavit under this section.
11512441 (b) The affidavit of a challenged voter required by section 22.1 of
11522442 this chapter must be sworn and affirmed and must contain the
11532443 following:
1154-HEA 1264 28
11552444 (1) A statement that the voter is a citizen of the United States.
11562445 (2) The voter's date of birth to the best of the voter's information
11572446 and belief.
11582447 (3) A statement that the voter has been a resident of the precinct
11592448 for thirty (30) days immediately before this election or is qualified
11602449 to vote in the precinct under IC 3-10-10, IC 3-10-11, or
11612450 IC 3-10-12.
11622451 (4) The voter's name and a statement that the voter is generally
11632452 known by that name.
11642453 (5) A statement that the voter has not voted and will not vote in
11652454 any other precinct in this election.
11662455 (6) The voter's current residential address, including the street or
11672456 number, and if applicable, the voter's residential address thirty
11682457 (30) days before the election, and the date the voter moved.
11692458 (7) If applicable, that, when the voter was challenged to present
11702459 proof of identification or an additional document to confirm the
11712460 voter's identity and current residence, the voter presented proof of
11722461 identification or the additional documentation that complied with
11732462 IC 3-5-2-40.5, or IC 3-7-33-4.5, or IC 3-7-33-4.7.
11742463 (8) A statement that the voter understands that making a false
11752464 statement on the affidavit is punishable under the penalties of
11762465 perjury.
11772466 (9) If the individual's name does not appear on the registration
11782467 list, a statement that the individual registered to vote and where
11792468 the individual believes the individual registered to vote during the
11802469 registration period described by IC 3-7-13-10.
11812470 SECTION 25. IC 3-11-8-25.2, AS AMENDED BY P.L.115-2022,
11822471 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11832472 JULY 1, 2024]: Sec. 25.2. (a) The poll clerk or assistant poll clerk shall
11842473 examine the list provided under IC 3-7-29-1 to determine if the county
11852474 election board has indicated that the voter is required to provide
11862475 additional personal identification under:
11872476 (1) 52 U.S.C. 21083 and IC 3-7-33-4.5; or
11882477 (2) IC 3-7-33-4.7;
11892478 before voting in person. If the list indicates that the voter is required to
2479+EH 1264—LS 6963/DI 144 58
11902480 present this identification before voting in person, the poll clerk shall
11912481 advise the voter that the voter must present, in addition to the proof of
11922482 identification required by section 25.1(a) of this chapter, a piece of
11932483 identification described in subsection (b) to the poll clerk.
11942484 (b) As required by 52 U.S.C. 21083 or IC 3-7-33-4.7, and in
11952485 addition to the proof of identification required by section 25.1(a) of this
11962486 chapter, a voter described by IC 3-7-33-4.5 or IC 3-7-33-4.7 who has
1197-HEA 1264 29
11982487 not complied with IC 3-7-33-4.5 or IC 3-7-33-4.7 before appearing at
11992488 the polls on election day must present one (1) of the following
12002489 documents to the poll clerk:
12012490 (1) A current and valid photo identification.
12022491 (2) A current utility bill.
12032492 (3) A current bank statement.
12042493 (4) A current government check.
12052494 (5) A current paycheck.
12062495 (6) A current government document.
12072496 The document presented by the voter must show the name and
12082497 residence address of the voter.
12092498 (c) If a voter presents a document under subsection (b), the poll
12102499 clerk shall add a notation to the list indicating the type of document
12112500 presented by the voter. The election division shall prescribe a
12122501 standardized coding system to classify documents presented under this
12132502 subsection for entry into the county voter registration system.
12142503 (d) If a voter required to present documentation under subsection (b)
12152504 is unable to present the documentation to the poll clerk while present
12162505 in the polls, the poll clerk shall notify the precinct election board. The
12172506 board shall provide a provisional ballot to the voter under IC 3-11.7-2.
12182507 (e) The precinct election board shall advise the voter, both orally
12192508 and in writing, that the voter may file a copy of the documentation with
12202509 the county voter registration office to permit the provisional ballot to
12212510 be counted under IC 3-11.7. The election division shall prescribe the
12222511 form of the explanation required by this subsection.
12232512 SECTION 26. IC 3-11-10-11, AS AMENDED BY P.L.227-2023,
12242513 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12252514 JULY 1, 2024]: Sec. 11. On election day, the county voter registration
12262515 office shall visit the appropriate post office to accept delivery of mail
12272516 containing documentation submitted by a voter to comply with
12282517 IC 3-7-33-4.5 or IC 3-7-33-4.7. The office shall immediately notify the
12292518 county election board regarding the filing of this documentation.
12302519 SECTION 27. IC 3-11-10-28, AS AMENDED BY P.L.109-2021,
12312520 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12322521 JULY 1, 2024]: Sec. 28. (a) A voter voting before an absentee voter
2522+EH 1264—LS 6963/DI 144 59
12332523 board shall mark the voter's ballot in the presence of the board, but not
12342524 in such a manner that either of the members of the board can see for
12352525 whom the voter voted, unless the voter requests the help of the board
12362526 in marking a ballot under IC 3-11-9. The voter shall fold each ballot
12372527 separately in a manner to conceal the voter's markings.
12382528 (b) The voter shall then, in the presence of the board, place the
12392529 ballot in an envelope furnished by the county election board.
1240-HEA 1264 30
12412530 (c) The circuit court clerk shall provide, to the extent practicable,
12422531 the same degree of privacy to absentee voters voting at the office of the
12432532 circuit court clerk as provided to voters at the polls on election day.
12442533 (d) This subsection applies to a voter required to present additional
12452534 information under IC 3-7-33-4.5 or IC 3-7-33-4.7. If the voter does not
12462535 present the required additional information before receiving the
12472536 absentee ballot, the absentee ballot shall be processed in accordance
12482537 with IC 3-11.5-4-3.5.
12492538 (e) This subsection applies to a voter required to present additional
12502539 information under IC 3-7-33-4.5 or IC 3-7-33-4.7. Upon accepting the
12512540 completed absentee ballot from the voter, the board shall provide the
12522541 voter with a notice:
12532542 (1) listing the documentation the voter may submit to the county
12542543 voter registration office to comply with IC 3-7-33-4.5 or
12552544 IC 3-7-33-4.7; and
12562545 (2) stating the address and hours of the county voter registration
12572546 office.
12582547 SECTION 28. IC 3-11.5-4-3.5, AS ADDED BY P.L.109-2021,
12592548 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12602549 JULY 1, 2024]: Sec. 3.5. (a) Upon receipt of an absentee ballot from
12612550 a voter required to provide additional information to the county voter
12622551 registration office under IC 3-7-33-4.5 or IC 3-7-33-4.7, the county
12632552 election board shall contact the county voter registration office to
12642553 determine if the additional information has been filed with the office
12652554 by the voter.
12662555 (b) If the voter has filed the information with the county voter
12672556 registration office, the county election board shall add a notation to the
12682557 application indicating that the required information has been filed and
12692558 that the absentee ballot may be counted if the ballot otherwise complies
12702559 with this article.
12712560 (c) If the voter has not filed the information with the county voter
12722561 registration office, the county election board shall add a notation on the
12732562 application filed by a voter described under subsection (b) and on the
12742563 envelope provided under this chapter reading substantially as follows:
12752564 "ABSENTEE BALLOT COUNTERS: AS OF (insert date
2565+EH 1264—LS 6963/DI 144 60
12762566 absentee ballot application approved) THIS VOTER WAS
12772567 REQUIRED TO FILE ADDITIONAL DOCUMENTATION
12782568 WITH THE COUNTY VOTER REGISTRATION OFFICE
12792569 BEFORE THIS BALLOT MAY BE COUNTED. CHECK THE
12802570 POLL LIST AND COUNTY ELECTION BOARD
12812571 CERTIFICATION TO SEE IF THE VOTER HAS FILED THIS
12822572 INFORMATION. IF NOT, PROCESS AS A PROVISIONAL
1283-HEA 1264 31
12842573 BALLOT IF THIS BALLOT OTHERWISE COMPLIES WITH
12852574 INDIANA LAW.".
12862575 SECTION 29. IC 3-11.5-4-12, AS AMENDED BY P.L.210-2018,
12872576 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12882577 JULY 1, 2024]: Sec. 12. (a) Notwithstanding any provision to the
12892578 contrary in this chapter, in a county described by subsection (e) or (f),
12902579 the signature review process described in this section may be
12912580 conducted at any time after receipt of an absentee ballot by the county
12922581 election board.
12932582 (b) If the absentee ballot counters find under section 11 of this
12942583 chapter that:
12952584 (1) the affidavit is properly executed;
12962585 (2) the signatures correspond;
12972586 (3) the absentee voter is a qualified voter of the precinct;
12982587 (4) the absentee voter is registered and is not required to file
12992588 additional information with the county voter registration office
13002589 under IC 3-7-33-4.5 or IC 3-7-33-4.7; and
13012590 (5) in case of a primary election, if the absentee voter has not
13022591 previously voted, the absentee voter has executed the proper
13032592 declaration relative to age and qualifications and the political
13042593 party with which the absentee voter intends to affiliate;
13052594 the absentee ballot counters shall open the envelope containing the
13062595 absentee ballots so as not to deface or destroy the affidavit and take out
13072596 each ballot enclosed without unfolding or permitting a ballot to be
13082597 unfolded or examined.
13092598 (c) If the absentee ballot counters find under subsection (b) that the
13102599 voter has not filed the additional information required to be filed with
13112600 the county voter registration office under IC 3-7-33-4.5 or
13122601 IC 3-7-33-4.7, but that all of the other findings listed under subsection
13132602 (b) apply, the absentee ballot shall be processed as a provisional ballot
13142603 under IC 3-11.7.
13152604 (d) The absentee ballot counters shall then deposit the ballots in a
13162605 secure envelope with the name of the precinct set forth on the outside
13172606 of the envelope. After the absentee ballot counters or the county
13182607 election board has made the findings described in subsection (b) or
2608+EH 1264—LS 6963/DI 144 61
13192609 section 13 of this chapter for all absentee ballots of the precinct, the
13202610 absentee ballot counters shall remove all the ballots deposited in the
13212611 envelope under this section for counting under IC 3-11.5-5 or
13222612 IC 3-11.5-6.
13232613 (e) This subsection applies to a county having a consolidated city.
13242614 For an absentee ballot cast in person by a voter under IC 3-11-10-25,
13252615 IC 3-11-10-26, or IC 3-11-10-26.3, the absentee ballot counters may,
1326-HEA 1264 32
13272616 but are not required to, make the findings required under subsection
13282617 (b)(2) or (b)(3). of this section.
13292618 (f) This subsection applies to a county:
13302619 (1) that does not have a consolidated city; and
13312620 (2) when the county election board has adopted a resolution by
13322621 the unanimous vote of its entire membership to use the procedures
13332622 set forth in this subsection.
13342623 For an absentee ballot cast in person by a voter under IC 3-11-10-25,
13352624 IC 3-11-10-26, or IC 3-11-10-26.3, the absentee ballot counters may,
13362625 but are not required to, make the findings required under subsection
13372626 (b)(2) or (b)(3). of this section.
13382627 (g) A resolution adopted under subsection (f) may be repealed or
13392628 amended only by the unanimous vote of the entire membership of the
13402629 county election board.
13412630 SECTION 30. IC 3-11.7-2-1, AS AMENDED BY P.L.128-2015,
13422631 SECTION 201, IS AMENDED TO READ AS FOLLOWS
13432632 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) As provided by 52 U.S.C.
13442633 21082, this section applies to the following individuals:
13452634 (1) An individual:
13462635 (A) whose name does not appear on the registration list; and
13472636 (B) who is challenged under IC 3-10-1 or IC 3-11-8 after the
13482637 voter makes an oral or a written affirmation under IC 3-7-48-5
13492638 or IC 3-7-48-7 or after the voter produces a certificate of error
13502639 under IC 3-7-48-1.
13512640 (2) An individual described by IC 3-10-1-10.5, IC 3-11-8-23.5, or
13522641 IC 3-11-8-27.5 who is challenged as not eligible to vote.
13532642 (3) An individual who seeks to vote in an election as a result of a
13542643 court order (or any other order) extending the time established for
13552644 closing the polls under IC 3-11-8-8.
13562645 (b) As required by 52 U.S.C. 21083, a voter who has registered to
13572646 vote but has not:
13582647 (1) presented identification required under 52 U.S.C. 21083 to the
13592648 poll clerk before voting in person under IC 3-11-8-25.1; or
13602649 (2) filed a copy of the identification required under 52 U.S.C.
13612650 21083 to the county voter registration office before the voter's
2651+EH 1264—LS 6963/DI 144 62
13622652 absentee ballot is cast;
13632653 is entitled to vote a provisional ballot under this article.
13642654 (c) A voter who has registered to vote but has not:
13652655 (1) presented documentation required under IC 3-7-33-4.7 to
13662656 the poll clerk before voting in person; or
13672657 (2) filed a copy of the identification required under
13682658 IC 3-7-33-4.7 with the county voter registration office before
1369-HEA 1264 33
13702659 the voter's absentee ballot is cast;
13712660 is entitled to vote a provisional ballot under this article.
13722661 (c) (d) A precinct election officer shall inform an individual
13732662 described by subsection (a)(1) or (a)(2) that the individual may cast a
13742663 provisional ballot if the individual:
13752664 (1) is eligible to vote under IC 3-7-13-1;
13762665 (2) submitted a voter registration application during the
13772666 registration period described by IC 3-7-13-10; and
13782667 (3) executes an affidavit described in IC 3-10-1-9 or IC 3-11-8-23.
13792668 (d) (e) A precinct election officer shall inform an individual
13802669 described by subsection (a)(3) that the individual may cast a
13812670 provisional ballot.
13822671 SECTION 31. IC 3-11.7-2-2, AS AMENDED BY P.L.115-2022,
13832672 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13842673 JULY 1, 2024]: Sec. 2. (a) A provisional voter shall do the following:
13852674 (1) Execute the affidavit described in IC 3-10-1-9 or
13862675 IC 3-11-8-23.
13872676 (2) Sign the poll list.
13882677 (3) Mark the ballot in the presence of no other person, unless the
13892678 voter requests help in marking a ballot under IC 3-11-9.
13902679 (4) Fold each ballot separately.
13912680 (5) Fold each ballot so as to conceal the marking.
13922681 (6) Enclose each ballot, with the seal and signature of the circuit
13932682 court clerk on the outside, together with any unused ballot, in the
13942683 envelope provided by the county election board under
13952684 IC 3-11.7-1-8.
13962685 (7) Securely seal the envelope.
13972686 (b) A provisional voter may mark a ballot with a pen or a lead
13982687 pencil.
13992688 (c) This subsection applies to a provisional voter described in
14002689 section 1(a)(1), 1(a)(2), or 1(a)(3) of this chapter. As provided by 52
14012690 U.S.C. 21082, a precinct election officer shall give the provisional
14022691 voter a copy of the written instructions prescribed by the county
14032692 election board under IC 3-11.7-6-3 after the voter returns the envelope
14042693 containing the provisional voter's ballots.
2694+EH 1264—LS 6963/DI 144 63
14052695 (d) This subsection applies to a provisional voter described in
14062696 section 1(a), or 1(b), or 1(c) of this chapter. In addition to the written
14072697 instructions required by subsection (c), a precinct election officer shall
14082698 provide the provisional voter, both orally and in writing, an explanation
14092699 of what actions, if any, the provisional voter must take in order to have
14102700 the provisional voter's ballot counted. The election division shall
14112701 prescribe the form of the explanation required by this subsection.
1412-HEA 1264 34
14132702 SECTION 32. IC 3-11.7-5-2, AS AMENDED BY P.L.128-2015,
14142703 SECTION 205, IS AMENDED TO READ AS FOLLOWS
14152704 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Except as provided in section
14162705 5 of this chapter, if the county election board determines that all the
14172706 following apply, a provisional ballot is valid and shall be counted under
14182707 this chapter:
14192708 (1) The affidavit executed by the provisional voter under
14202709 IC 3-11.7-2-1 is properly executed.
14212710 (2) The provisional voter is a qualified voter of the precinct and
14222711 has provided proof of identification, if required, under IC 3-10-1,
14232712 IC 3-11-8, or IC 3-11-10-26.
14242713 (3) Based on all the information available to the county election
14252714 board, including:
14262715 (A) information provided by the provisional voter;
14272716 (B) information contained in the county's voter registration
14282717 records; and
14292718 (C) information contained in the statewide voter registration
14302719 file;
14312720 the provisional voter registered to vote at a registration agency
14322721 under this article on a date within the registration period.
14332722 (b) If the provisional voter has provided information regarding the
14342723 registration agency where the provisional voter registered to vote, the
14352724 board shall promptly make an inquiry to the agency regarding the
14362725 alleged registration. The agency shall respond to the board not later
14372726 than noon of the first Friday after the election, indicating whether the
14382727 agency's records contain any information regarding the registration. If
14392728 the agency does not respond to the board's inquiry, or if the agency
14402729 responds that the agency has no record of the alleged registration, the
14412730 board shall reject the provisional ballot. The board shall endorse the
14422731 ballot with the word "Rejected" and document on the ballot the inquiry
14432732 and response, if any, by the agency.
14442733 (c) Except as provided in section 5 of this chapter, a provisional
14452734 ballot cast by a voter described in IC 3-11.7-2-1(b) is valid and shall be
14462735 counted if the county election board determines under this article that
14472736 the voter filed the documentation required under IC 3-7-33-4.5 and 52
2737+EH 1264—LS 6963/DI 144 64
14482738 U.S.C. 21083 with the county voter registration office not later than the
14492739 closing of the polls on election day.
14502740 (d) Except as provided in section 5 of this chapter, a provisional
14512741 ballot cast by a voter described in IC 3-11.7-2-1(c) is valid and shall
14522742 be counted if the county election board determines under this
14532743 article that the voter filed the documentation required under
14542744 IC 3-7-33-4.7 with the county voter registration office not later
1455-HEA 1264 35
14562745 than the closing of the polls on election day.
14572746 SECTION 33. IC 3-14-5-1, AS AMENDED BY P.L.157-2019,
14582747 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14592748 JULY 1, 2024]: Sec. 1. (a) This section applies during an election
14602749 whenever a voter makes an affidavit before the inspector in a precinct
14612750 that a person who has offered to vote is an illegal voter in the precinct.
14622751 This section does not apply to an affidavit executed by an individual
14632752 who:
14642753 (1) is subject to the requirements set forth in IC 3-7-33-4.5 or
14652754 IC 3-7-33-4.7;
14662755 (2) is challenged solely as a result of the individual's inability or
14672756 refusal to comply with IC 3-7-33-4.5 or IC 3-7-33-4.7; and
14682757 (3) subsequently complies with IC 3-7-33-4.5 or IC 3-7-33-4.7,
14692758 as applicable, before the close of the polls on election day.
14702759 (b) Immediately after the close of the polls the inspector shall
14712760 deliver the affidavit to the county election board. After the final date
14722761 and hour for filing a recount or contest and the county election board
14732762 has completed the county election board's canvas of the returns, the
14742763 county election board shall forward the affidavits to the prosecuting
14752764 attorney for the county under section 2 of this chapter. The prosecuting
14762765 attorney for the county shall:
14772766 (1) proceed as if the affidavit had been made before the
14782767 prosecuting attorney; and
14792768 (2) ensure that the grand jury notifies the NVRA official under
14802769 section 2 of this chapter if a violation of NVRA appears to have
1481-occurred.
1482-HEA 1264 Speaker of the House of Representatives
1483-President of the Senate
1484-President Pro Tempore
1485-Governor of the State of Indiana
1486-Date: Time:
1487-HEA 1264
2770+occurred.".
2771+Renumber all SECTIONS consecutively.
2772+(Reference is to HB 1264 as printed January 18, 2024.)
2773+WESCO
2774+EH 1264—LS 6963/DI 144 65
2775+COMMITTEE REPORT
2776+Madam President: The Senate Committee on Elections, to which
2777+was referred House Bill No. 1264, has had the same under
2778+consideration and begs leave to report the same back to the Senate with
2779+the recommendation that said bill DO PASS.
2780+ (Reference is to HB 1264 as reprinted January 26, 2024.)
2781+
2782+GASKILL, Chairperson
2783+Committee Vote: Yeas 5, Nays 3
2784+EH 1264—LS 6963/DI 144