Introduced Version
HOUSE BILL No. 1265
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5-2-43.5; IC 3-6-5-17.3; IC 3-7;
IC 3-10-1-31.1; IC 3-11; IC 3-11.5-4-13; IC 3-13; IC 3-14-5-2;
IC 9-14-13-2.
Synopsis: Various elections matters. Defines "scantron" and provides
that a scantron complies with certain absentee ballot endorsement
requirements if it is endorsed with the initials of certain individuals.
Requires the county election board of a county that is not designated as
a vote center county to establish a plan that specifies the method and
timing of providing absentee reports to persons who are entitled to
receive the reports. Specifies that a nondiscriminatory uniform policy
concerning certain voter registration information must apply to all
records maintained in the computerized list, including election
administration records and absentee activity reports. Requires the
NVRA official to conduct, at least once each calendar year, a review
and identification of particular voter registration records. Modifies the
deadlines that determine the procedures that a clerk must follow when
the clerk determines that an application to receive an absentee ballot by
mail does not fully comply with election laws. Allows a county election
board that adopted a resolution for a primary election allowing
absentee voting at satellite offices to amend the resolution, by
unanimous vote, to modify, for the subsequent general or municipal
election, the locations and hours of the satellite offices. Requires each
member of an absentee voter board to sign and print the member's
name on a voter's affidavit after the voter has signed and dated the
affidavit. Specifies the deadline that applies to fill certain candidate
vacancies when the vacancy is due to the successful challenge of a
candidate in a judicial proceeding. Prohibits the appointment of a
particular person to fill a vacancy by a political party that differs from
the party with which the person affiliated when the person was defeated
(Continued next page)
Effective: Upon passage; July 1, 2024.
Wesco
January 9, 2024, read first time and referred to Committee on Elections and
Apportionment.
2024 IN 1265—LS 6928/DI 144 Digest Continued
in a primary election or a town or state convention. Extends certain
early candidate vacancy provisions to apply to late candidate vacancies.
Requires a county election board to deliver a sealed envelope that
contains affidavits to the prosecuting attorney of the county instead of
the foreman of the grand jury. Permits the bureau of motor vehicles to
disclose certain identifying information for voter registration and
election purposes under certain laws. Prescribes the ballot language for
the proposed constitutional amendment that would remove the state
superintendent of public instruction from the line of succession to the
governor. Makes conforming amendments.
2024 IN 1265—LS 6928/DI 1442024 IN 1265—LS 6928/DI 144 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1265
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-5-2-43.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 43.5. "Scantron" means an optical scan
4 ballot that consists of an optical scan card that contains:
5 (1) the names of; or
6 (2) coding that indicates the names of;
7 political parties and candidates selected by the voter.
8 SECTION 2. IC 3-6-5-17.3 IS ADDED TO THE INDIANA CODE
9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
10 1, 2024]: Sec. 17.3. The county election board of a county that is not
11 designated as a vote center county under IC 3-11-18.1 must
12 establish a plan that specifies the method and timing of providing
13 absentee reports to persons who are entitled to receive the reports
14 under this title. Absentee reports must be provided to all persons
15 entitled to the reports without unreasonable delay.
2024 IN 1265—LS 6928/DI 144 2
1 SECTION 3. IC 3-7-27-6, AS AMENDED BY P.L.128-2015,
2 SECTION 106, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) As required under 52
4 U.S.C. 20507(i), a county voter registration office shall retain records
5 concerning the implementation of programs and activities conducted
6 for the purpose of ensuring the accuracy and currency of the voter
7 registration list. These records include the following:
8 (1) Lists of names and addresses of voters who were sent notices
9 under the voter list maintenance program.
10 (2) Information concerning whether a voter has responded to a
11 notice described by subdivision (1) as of the date the inspection
12 of the record is made.
13 (b) The county voter registration office shall retain the records
14 described by this section for at least two (2) years. Except for records
15 concerning declinations to register to vote or that indicate the identity
16 of a voter registration agency where a person registered, the county
17 voter registration office shall make the records available for public
18 inspection and photocopying at a reasonable cost as provided in
19 IC 5-14-3.
20 (c) In accordance with IC 5-14-3-3(h) and notwithstanding any other
21 statute, a county voter registration office shall, with regard to voter
22 registration information concerning voters of the county on a
23 computerized system, act in accordance with a nondiscriminatory
24 uniform policy adopted by the county election board. The policy must:
25 (1) apply to all records maintained in the computerized list,
26 including election administration records and absentee
27 activity reports; and
28 (2) either:
29 (A) permit a person to duplicate or obtain a duplicate copy of
30 a computer disc or other similar record system that contains
31 this voter registration information; or
32 (B) not permit the person to duplicate or obtain a duplicate
33 copy of the information.
34 Notwithstanding IC 5-14-3-8, the county election board may adopt a
35 nondiscriminatory uniform fee for the production of this electronic
36 record.
37 (d) A person who requests computerized voter registration
38 information under subsection (c) must provide a written statement that
39 the person will not:
40 (1) use the information to solicit merchandise, goods, services, or
41 subscriptions; or
42 (2) sell, loan, give away, or otherwise deliver the information
2024 IN 1265—LS 6928/DI 144 3
1 obtained by the request to any other person;
2 for a purpose other than political activities or political fundraising
3 activities.
4 (e) Publication of information obtained under subsection (d) in a
5 news broadcast or newspaper is not prohibited.
6 SECTION 4. IC 3-7-38.2-4, AS AMENDED BY P.L.71-2019,
7 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2024]: Sec. 4. (a) As provided under 52 U.S.C.
9 20507(c)(2)(B)(ii), this chapter does not prevent the correction of voter
10 registration records under this article.
11 (b) This subsection applies to a voter registration record The NVRA
12 official shall, at least once each calendar year, review and identify
13 voter registration records that does do not contain a date of birth or
14 contains contain a date of birth that is at least one hundred fifteen
15 (115) years or more before the date of the request. review.
16 (c) The NVRA official shall send to the election division the
17 names of voters associated with a voter registration record
18 identified under subsection (b). The election division shall request
19 that the bureau of motor vehicles provide the election division with any
20 information kept by the bureau of motor vehicles that sets forth the date
21 of birth of the a voter identified by the NVRA official. If the election
22 division receives date of birth information under this subsection, the
23 election division shall forward the information to the appropriate
24 county voter registration office. The county voter registration office
25 shall:
26 (1) determine if the information applies to the voter registration
27 record that does not contain a date of birth or contains a date of
28 birth that is at least one hundred fifteen (115) years or more
29 before the date of the request; and
30 (2) if the information applies, amend the voter registration record
31 to contain the correct date of birth and document the source of the
32 information in the computerized list.
33 SECTION 5. IC 3-10-1-31.1, AS AMENDED BY P.L.131-2022,
34 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 31.1. (a) The inspector of each precinct shall
36 deliver the bags required by section 30(a) and 30(c) of this chapter in
37 good condition, together with poll lists, tally sheets, and other forms,
38 to the circuit court clerk when making returns.
39 (b) Except for unused ballots disposed of under IC 3-11-3-31 or
40 affidavits received by the county election board under IC 3-14-5-2 for
41 delivery to the foreman of a grand jury, prosecuting attorney, the
42 circuit court clerk shall seal the ballots (including provisional ballots)
2024 IN 1265—LS 6928/DI 144 4
1 and other material (including election material related to provisional
2 ballots) during the time allowed to file a verified petition or
3 cross-petition for a recount of votes or to contest the election. Except
4 as provided in subsection (c) and notwithstanding any other provision
5 of state law, after the recount or contest filing period, the election
6 material, including election material related to provisional ballots
7 (except for ballots and provisional ballots, which remain confidential)
8 shall be made available for copying and inspection under IC 5-14-3.
9 The circuit court clerk shall carefully preserve the sealed ballots and
10 other material for twenty-two (22) months, as required by 52 U.S.C.
11 20701, after which the sealed ballots and other material are subject to
12 IC 5-15-6 unless an order issued under:
13 (1) IC 3-12-6-19 or IC 3-12-11-16; or
14 (2) 52 U.S.C. 10301;
15 requires the continued preservation of the ballots or other material.
16 (c) If a petition for a recount or contest is filed, the material for that
17 election remains confidential until completion of the recount or contest.
18 (d) Upon delivery of the poll lists, the county voter registration
19 office shall unseal the envelopes containing the poll lists, inspect the
20 poll lists, and update the registration records of the county. The county
21 voter registration office shall use the poll lists and information on
22 affidavits executed under IC 3-10-10, IC 3-10-11, or IC 3-10-12 to
23 update the registration record to include the voter's voter identification
24 number if the voter's voter identification number is not already
25 included in the registration record. Upon completion of the inspection,
26 the poll list and affidavits shall be preserved with the ballots and other
27 materials in the manner prescribed by subsection (b) for the period
28 prescribed by subsections (b) and (c).
29 (e) In addition to the poll lists described in subsection (d), the
30 county voter registration office shall use the affidavits described by
31 IC 3-10-10-7, IC 3-10-11-4, and IC 3-10-12-3.4 to update the
32 registration records of the county as soon as the affidavits are delivered
33 to the county voter registration office.
34 (f) The county voter registration office shall retain a voter's paper
35 registration records associated with the address at which the voter is
36 registered to vote until all of the following are satisfied:
37 (1) The voter's registration at the address stated in the voter's
38 registration application has been canceled.
39 (2) The general election immediately following the cancellation
40 of the voter's registration under subdivision (1) has occurred.
41 (3) Twenty-four (24) months have elapsed following the general
42 election described in subdivision (2).
2024 IN 1265—LS 6928/DI 144 5
1 (g) This subsection does not apply to ballots, including provisional
2 ballots. Notwithstanding subsection (b), if a county voter registration
3 office determines that the inspection and copying of precinct election
4 material would reveal the political parties, candidates, and public
5 questions for which an individual cast an absentee ballot, the county
6 voter registration office shall keep confidential only that part of the
7 election material necessary to protect the secrecy of the voter's ballot.
8 In addition, the county voter registration office shall keep confidential
9 information contained in material related to provisional ballots that
10 identifies an individual, except for the individual's name, address, and
11 birth date.
12 (h) After the expiration of the period described in subsection (b) or
13 (c), the ballots may be destroyed in the manner provided by
14 IC 3-11-3-31 or transferred to a state educational institution as
15 provided by IC 3-12-2-12.
16 (i) This subsection applies to a detachable recording unit or
17 compartment used to record a ballot cast on a direct record electronic
18 voting system. After the time allowed to file a verified petition or
19 cross-petition for a recount of votes or to contest the election, the
20 circuit court clerk shall transfer the data contained in the unit or
21 compartment to a disc or other recording medium. After transferring
22 the data, the clerk may clear or erase the unit or compartment. The
23 circuit court clerk shall carefully preserve the disc or medium used to
24 record the data for twenty-two (22) months, as required by 52 U.S.C.
25 20701, after which time the disc or medium may be erased or
26 destroyed, subject to IC 5-15-6, unless an order requiring the continued
27 preservation of the disc or medium is issued under the following:
28 (1) IC 3-12-6-19.
29 (2) IC 3-12-11-16.
30 (3) 52 U.S.C. 10301.
31 (j) This subsection applies to a county using an electronic poll book.
32 After each election, the county shall save all data recorded on the
33 electronic poll book and any information stored on the dedicated,
34 private server required under IC 3-11-8-10.3(b)(4). The circuit court
35 clerk shall carefully preserve the disc or medium used to record the
36 data for twenty-two (22) months, as required by 52 U.S.C. 20701, after
37 which time the data may be erased or destroyed, subject to IC 5-15-6,
38 unless an order requiring the continued preservation of the data is
39 issued under the following:
40 (1) IC 3-12-6-19.
41 (2) IC 3-12-11-16.
42 (3) 52 U.S.C. 10301.
2024 IN 1265—LS 6928/DI 144 6
1 (k) This section does not prohibit county election officials from
2 performing post-election audits, as authorized by statute.
3 SECTION 6. IC 3-11-4-3, AS AMENDED BY P.L.170-2023,
4 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 UPON PASSAGE]: Sec. 3. (a) For purposes of this section, "clerk"
6 means:
7 (1) the circuit court clerk; or
8 (2) in a county subject to IC 3-6-5.2 or IC 3-6-5.6, the director
9 of the board of elections and registration.
10 (a) (b) Except as provided in subsection (c) (e) and section 6 of this
11 chapter, an absentee ballot application for an absentee ballot must be
12 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
13 or IC 3-6-5.6, the director of the board of elections and registration) not
14 earlier than the date the registration period resumes under
15 IC 3-7-13-10. nor later than
16 (c) An absentee ballot application must be received by the clerk
17 before the following:
18 (1) Noon on election day if the voter registers to vote under
19 IC 3-7-36-14.
20 (2) Noon on the day before election day if the voter:
21 (A) completes the application in the office of the circuit court
22 clerk under IC 3-11-10-26; or
23 (B) is an absent uniformed services voter or overseas voter
24 who requests that the ballot be transmitted by electronic mail
25 or fax under section 6(h) of this chapter.
26 (3) Noon on the day before election day if:
27 (A) the application is mailed, transmitted by electronic mail or
28 fax, or hand delivered from a confined voter or voter caring for
29 a confined person; and
30 (B) the applicant requests that the absentee ballots be
31 delivered to the applicant by an absentee voter board under
32 IC 3-11-10-25.
33 (4) 11:59 p.m. twelve (12) Eleven (11) days before election day
34 if the application is:
35 (A) a mailed application;
36 (B) transmitted by electronic mail;
37 (C) transmitted by fax; or
38 (D) hand delivered;
39 from other voters who request to vote by mail under
40 IC 3-11-10-24 or for a voter with print disabilities to vote by
41 electronic mail or fax under section 6(h) of this chapter.
42 (b) (d) An application for an absentee ballot received by the election
2024 IN 1265—LS 6928/DI 144 7
1 division by the time and date specified by subsection (a)(2)(B), (a)(3),
2 (c)(2)(B), (c)(3), or (a)(4) (c)(4) is considered to have been timely
3 received for purposes of processing by the county. The election
4 division shall immediately transmit the application to the circuit court
5 clerk or the director of the board of elections and registration, of the
6 county where the applicant resides. The election division is not
7 required to complete or file the affidavit required under section 2(m)
8 of this chapter whenever the election division transmits an application
9 under this subsection.
10 (c) (e) If the circuit court clerk receives an absentee ballot
11 application for a voter that is not registered to vote in the county where
12 the clerk serves, the clerk shall forward the application, on an
13 expedited basis, to the circuit court clerk of the county where the voter
14 is registered to vote. The circuit court clerk that receives the
15 application on an expedited basis shall consider the application as filed
16 on the date and time it was filed with the clerk that forwarded the
17 application.
18 (d) (f) An application for an absentee ballot for the election may not
19 be received by the circuit court clerk (or, in a county subject to
20 IC 3-6-5.2 or IC 3-6-5.6, the director of the board of elections and
21 registration) earlier than before December 1 of the year before the
22 election.
23 SECTION 7. IC 3-11-4-6, AS AMENDED BY P.L.227-2023,
24 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 UPON PASSAGE]: Sec. 6. (a) This section applies, notwithstanding
26 any other provision of this title, to absentee ballot applications for the
27 following:
28 (1) An absent uniformed services voter.
29 (2) An address confidentiality program participant (as defined in
30 IC 5-26.5-1-6).
31 (3) An overseas voter.
32 (4) A voter with print disabilities.
33 (b) A county election board shall make blank absentee ballot
34 applications available for persons covered by this section. Except as
35 provided in section 3(d) 3(f) of this chapter, a person may apply for an
36 absentee ballot at any time after the registration period resumes under
37 IC 3-7-13-10.
38 (c) A person covered by this section may apply for an absentee
39 ballot for the next scheduled primary, general, or special election by
40 filing either of the following:
41 (1) A combined absentee registration form and absentee ballot
42 request approved under 52 U.S.C. 20301(b)(2).
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1 (2) A form prescribed under IC 3-5-4-8 that identifies the
2 applicant as an absent uniformed services voter, an overseas
3 voter, or a voter with print disabilities. A form prescribed under
4 this subdivision must permit the applicant to designate whether
5 the applicant wishes to receive the absentee ballot by electronic
6 mail, fax, or United States mail.
7 (d) If the county election board receives an absentee ballot
8 application from a person described by subsection (c), the circuit court
9 clerk shall mail to the person, free of postage as provided by 39 U.S.C.
10 3406, all ballots for the election immediately upon receipt of the ballots
11 under section 15 of this chapter, unless the person has indicated under
12 subsection (c) that the person wishes to receive the absentee ballot by
13 electronic mail or fax.
14 (e) Whenever a voter files an application for an absentee ballot and
15 indicates on the application that the voter is an absent uniformed
16 services voter, an overseas voter, or a voter with print disabilities, the
17 application is an adequate application for an absentee ballot for an
18 election conducted during the period that ends on December 31
19 following the date the application is filed, unless an absentee ballot
20 mailed to the voter at the address set forth in the application is returned
21 to the county election board during that period as undeliverable. The
22 circuit court clerk and county election board shall process this
23 application and send general election absentee ballots to the voter in
24 the same manner as other general election and special election absentee
25 ballot applications and ballots are processed and sent under this
26 chapter. If a voter entitled to receive an absentee ballot under this
27 subsection subsequently files a voter registration application for a
28 change of address within the same county or for a change of name or
29 other information set forth in the voter's registration record, the
30 previously approved absentee ballot application remains effective for
31 the same period, unless the acknowledgment notice sent to the voter at
32 that address is returned by the United States Postal Service due to an
33 unknown or insufficient address in accordance with IC 3-7-33-5. If a
34 voter entitled to receive an absentee ballot under this subsection
35 subsequently files a voter registration application for an address that is
36 not located in the same county, the voter must file a new absentee
37 ballot application under this section with the appropriate county
38 election board.
39 (f) Whenever a voter described in subsection (a)(2) files an
40 application for a primary election absentee ballot and indicates on the
41 application that the voter is an address confidentiality program
42 participant, the application is an adequate application for a general
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1 election absentee ballot under this chapter and an absentee ballot for a
2 special election conducted during the period that ends on December 31
3 following the date the application is filed. The circuit court clerk and
4 county election board shall process this application and send general
5 election and special election absentee ballots to the voter in the same
6 manner as other general election and special election absentee ballot
7 applications and ballots are processed and sent under this chapter.
8 (g) The name, address, telephone number, and any other identifying
9 information relating to a program participant (as defined in
10 IC 5-26.5-1-6) in the address confidentiality program, as contained in
11 a voting registration record, is declared confidential for purposes of
12 IC 5-14-3-4(a)(1). The county voter registration office may not disclose
13 for public inspection or copying a name, an address, a telephone
14 number, or any other information described in this subsection, as
15 contained in a voting registration record, except as follows:
16 (1) To a law enforcement agency, upon request.
17 (2) As directed by a court order.
18 (h) The county election board shall by fax or electronic mail
19 transmit an absentee ballot to and receive an absentee ballot from an
20 absent uniformed services voter, an overseas voter, or a voter with print
21 disabilities by electronic mail or fax at the request of the voter
22 indicated in the application filed under this section. If the voter wants
23 to submit absentee ballots by fax or electronic mail, the voter must
24 separately sign and date a statement submitted with the electronic mail
25 or the fax transmission that states substantively the following: "I
26 understand that by faxing or e-mailing my voted ballot I am voluntarily
27 waiving my right to a secret ballot.".
28 (i) The county election board shall send confirmation to a voter
29 described in subsection (h) that the voter's absentee ballot has been
30 received as follows:
31 (1) If the voter provides a fax number to which a confirmation
32 may be sent, the county election board shall send the confirmation
33 to the voter at the fax number provided by the voter.
34 (2) If the voter provides an electronic mail address to which a
35 confirmation may be sent, the county election board shall send the
36 confirmation to the voter at the electronic mail address provided
37 by the voter.
38 (3) If:
39 (A) the voter does not provide a fax number or an electronic
40 mail address; or
41 (B) the number or address provided does not permit the board
42 to send the confirmation not later than the end of the first
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1 business day after the board receives the voter's absentee
2 ballot;
3 the county election board shall send the confirmation by United
4 States mail.
5 The county election board shall send the confirmation required by this
6 subsection not later than the end of the first business day after the
7 county election board receives the voter's absentee ballot.
8 (j) Upon approval of the voter's absentee ballot application, a county
9 election board shall transmit an absentee ballot to an absent uniformed
10 services voter or an overseas voter by electronic mail under a program
11 authorized and administered by the Federal Voting Assistance Program
12 of the United States Department of Defense or directly to the voter at
13 the voter's electronic mail address, if requested to do so by the voter. A
14 voter described by this section may transmit the voted absentee ballot
15 to a county election board by electronic mail. If a voter described in
16 this section transmits the voted absentee ballot through the United
17 States Department of Defense program, the ballot must be transmitted
18 in accordance with the procedures established under that program. An
19 electronic mail message transmitting a voted absentee ballot under this
20 subsection must include a digital image of the voter's signature on the
21 statement required under subsection (h).
22 (k) The secretary of state, with the approval of the election division,
23 shall develop a system that complies with the Web Content Guidelines.
24 SECTION 8. IC 3-11-4-17.6, AS ADDED BY P.L.140-2023,
25 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 UPON PASSAGE]: Sec. 17.6. (a) For purposes of this section, "clerk"
27 means:
28 (1) the circuit court clerk; or
29 (2) in a county subject to IC 3-6-5.2 or IC 3-6-5.6, the director of
30 the board of elections and registration.
31 (b) This subsection applies to an application to receive an absentee
32 ballot by mail under IC 3-11-10-24 that is received by the clerk more
33 than twelve (12) or more days before election day. If the clerk
34 determines that the application does not fully comply with the
35 requirements of this title, the clerk shall transmit the following to the
36 applicant:
37 (1) An application for an absentee ballot.
38 (2) A written notice prescribed by the election division under
39 IC 3-5-4-8 that includes:
40 (A) a brief explanation of each defect in the noncompliant
41 application;
42 (B) a statement informing the voter that the voter is not
2024 IN 1265—LS 6928/DI 144 11
1 entitled to vote before election day by absentee ballot unless
2 the application complies with all legal requirements; and
3 (C) instructions for submitting a second application for an
4 absentee ballot.
5 (c) This subsection applies to an application to receive an absentee
6 ballot by mail under IC 3-11-10-24 that is received by the clerk:
7 (1) after 11:59 p.m. twelve (12) beginning eleven (11) days
8 before election day; and
9 (2) before noon on the day before election day.
10 If the clerk determines that the application does not fully comply with
11 the requirements of this title, the clerk shall transmit to the applicant a
12 written notice that includes the information described by subsection
13 (b)(2)(A) through (b)(2)(B). If applicable, the notice must also include
14 a statement that the application was late.
15 (d) This subsection applies to a voter who submits a defective
16 application to receive an absentee ballot that is received by the clerk
17 before the deadline for receipt of absentee ballots under section 3 of
18 this chapter. Notwithstanding the requirement under IC 3-11-10-25(e)
19 for prior unanimous approval by the county election board, the clerk
20 may:
21 (1) deliver a second absentee application in person to a voter
22 described by this subsection;
23 (2) approve the second absentee application if the clerk
24 determines that each defect in the first absentee application has
25 been corrected; and
26 (3) if accompanied by an absentee voter board, provide the
27 absentee ballot to the voter.
28 (e) After receiving the ballot under subsection (d), the voter may
29 return the voted absentee ballot:
30 (1) in person to the absentee voter board; or
31 (2) to the county election board;
32 before the deadline for receipt of absentee ballots under
33 IC 3-11.5-4-10.
34 (f) If a clerk uses the procedure described in subsection (d), the
35 procedure must be applied uniformly to all applications covered by
36 subsection (d).
37 SECTION 9. IC 3-11-10-26.3, AS AMENDED BY P.L.169-2015,
38 SECTION 123, IS AMENDED TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2024]: Sec. 26.3. (a) A county election board
40 may adopt a resolution to authorize the circuit court clerk to establish
41 satellite offices in the county where voters may cast absentee ballots
42 before an absentee voter board.
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1 (b) To be adopted under this section, a resolution must be adopted
2 by the unanimous vote of the board's entire membership.
3 (c) A resolution adopted under this section must do the following:
4 (1) State the locations of the satellite offices.
5 (2) State the hours at which absentee voting may occur at the
6 satellite offices.
7 (d) The resolution may contain other provisions the board considers
8 useful.
9 (e) If a resolution is adopted under this section for a primary
10 election, the following apply:
11 (1) Except as provided in subdivision (2), the locations of the
12 satellite offices and the hours at which absentee voting may occur
13 at the satellite offices established for the primary election must be
14 used for the subsequent general or municipal election.
15 (2) The board may, by unanimous vote of the board's entire
16 membership, amend the resolution to modify, for the
17 subsequent general or municipal election:
18 (A) the locations of the satellite offices; and
19 (B) the hours at which absentee voting may occur at the
20 satellite offices.
21 A board in a county designated as a vote center county under
22 IC 3-11-18.1 that amends a resolution under subdivision (2) shall
23 also amend its plan under IC 3-11-18.1-15 to conform to the
24 amendment.
25 (f) If a resolution is adopted under this section, the procedure for
26 casting an absentee ballot at a satellite office must, except as provided
27 in this section, be substantially the same as the procedure for casting an
28 absentee ballot in the office of the circuit court clerk under section 26
29 of this chapter.
30 (g) A voter casting an absentee ballot under this section is entitled
31 to cast the voter's ballot in accordance with IC 3-11-9.
32 (h) A satellite office established by a circuit court clerk under this
33 section must comply with the polling place accessibility requirements
34 of IC 3-11-8.
35 (i) A resolution adopted under this section expires January 1 of the
36 year immediately after the year in which the resolution is adopted.
37 SECTION 10. IC 3-11-10-29, AS AMENDED BY P.L.109-2021,
38 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 UPON PASSAGE]: Sec. 29. (a) The envelope required by section 28
40 of this chapter must bear upon its face a printed affidavit containing the
41 voter's affirmation under penalties of perjury that the following
42 information is true:
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1 The voter must indicate the voter's precinct and township (or ward
2 and city or town) and indicate whether the voter is entitled to vote
3 as a resident of the precinct or is entitled to vote under IC 3-10-11
4 or IC 3-10-12.
5 (b) The voter must sign and date the affidavit. and After the voter
6 has signed and dated the affidavit, the absentee voter board members
7 each must sign the affidavit and print the member's name.
8 (c) The absentee voter board must indicate on the affidavit if:
9 (1) the board visited the voter in the manner authorized under
10 section 25(b) of this chapter; and
11 (2) the voter was a voter with disabilities who was unable to make
12 a voting mark on the ballot or sign the absentee ballot secrecy
13 envelope under section 24(d) of this chapter.
14 SECTION 11. IC 3-11.5-4-13, AS AMENDED BY P.L.227-2023,
15 SECTION 116, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) If the absentee ballot
17 counters find under section 11 of this chapter that any of the following
18 applies, the ballots shall be rejected:
19 (1) The affidavit is insufficient or that the ballot has not been
20 endorsed with the initials of:
21 (A) the two (2) members of the absentee voter board in the
22 office of the clerk of the circuit court under IC 3-11-4-19 or
23 IC 3-11-10-27;
24 (B) the two (2) members of the absentee voter board visiting
25 the voter under IC 3-11-10-25; or
26 (C) the two (2) appointed members of the county election
27 board or their designated representatives under IC 3-11-4-19.
28 A scantron complies with the endorsement requirement under
29 this subdivision if the scantron is endorsed with the initials of
30 two (2) members under clause (A), (B), or (C).
31 (2) The signatures do not correspond or there is no signature, and
32 the signature mismatch or missing signature is not cured by the
33 deadline established under section 13.5 or 13.6 of this chapter.
34 (3) The absentee voter is not a qualified voter in the precinct.
35 (4) The absentee voter has voted in person at the election.
36 (5) The absentee voter has not registered.
37 (6) The ballot is open or has been opened and resealed. This
38 subdivision does not permit an absentee ballot transmitted by fax
39 or electronic mail under IC 3-11-4-6 to be rejected because the
40 ballot was sealed in the absentee ballot envelope by the individual
41 designated by the circuit court to receive absentee ballots
42 transmitted by fax or electronic mail.
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1 (7) The ballot envelope contains more than one (1) ballot of any
2 kind for the same office or public question.
3 (8) In case of a primary election, if the absentee voter has not
4 previously voted, the voter failed to execute the proper
5 declaration relative to age and qualifications and the political
6 party with which the voter intends to affiliate.
7 (9) The ballot has been challenged and there is no absentee ballot
8 application from the voter to support the absentee ballot.
9 (b) Subsection (c) applies whenever a voter with a disability is
10 unable to make a signature:
11 (1) on an absentee ballot application that corresponds to the
12 voter's signature in the records of the county voter registration
13 office; or
14 (2) on an absentee ballot security envelope that corresponds with
15 the voter's signature:
16 (A) in the records of the county voter registration office; or
17 (B) on the absentee ballot application.
18 (c) The voter may request that the voter's signature or mark be
19 attested to by any of the following:
20 (1) The absentee voter board under section 22 of this chapter.
21 (2) A member of the voter's household.
22 (3) An individual serving as attorney in fact for the voter.
23 (d) An attestation under subsection (c) provides an adequate basis
24 for the absentee ballot counters to determine that a signature or mark
25 complies with subsection (a)(2).
26 (e) If the absentee ballot counters are unable to agree on a finding
27 described under this section or section 12 of this chapter, the county
28 election board shall make the finding.
29 (f) This subsection does not apply to an absentee ballot rejected
30 under this section based on a finding that the voter's signature on the
31 absentee ballot security envelope affidavit does not correspond to any
32 signature on the voter's absentee ballot application. The absentee ballot
33 counters or county election board shall issue a certificate to a voter
34 whose ballot has been rejected under this section if the voter appears
35 in person before the board not later than 5 p.m. on election day. The
36 certificate must state that the voter's absentee ballot has been rejected
37 and that the voter may vote in person under section 21 of this chapter
38 if otherwise qualified to vote.
39 SECTION 12. IC 3-13-1-7, AS AMENDED BY P.L.193-2021,
40 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 UPON PASSAGE]: Sec. 7. (a) Except as provided in subsection (b),
42 action to fill a candidate vacancy must be taken:
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1 (1) not later than noon July 3 after the primary election if the
2 vacancy exists on a general or municipal election ballot; and
3 (2) within thirty (30) days after the occurrence of the vacancy, if
4 the vacancy exists on a special election ballot, subject to section
5 2 of this chapter.
6 (b) This subsection applies to a candidate vacancy that exists before
7 the thirtieth day before a general, municipal, or special election and
8 that is due to any of the following:
9 (1) The death of a candidate.
10 (2) The withdrawal of a candidate.
11 (3) The disqualification of a candidate under IC 3-8-1-5.
12 (4) A court order issued under IC 3-8-7-29(d).
13 (5) The successful challenge of a candidate nominated by a state,
14 county, or town convention of a political party.
15 (6) The successful challenge of a candidate under IC 3-8-8.
16 (7) The successful challenge of a candidate under sections 16.5
17 and 20.5 of this chapter.
18 (8) The successful challenge of a candidate in a judicial
19 proceeding.
20 Action to fill a candidate vacancy under section 3, 4, 5, or 6 of this
21 chapter for reasons permitted under this subsection must be taken
22 within thirty (30) days after the occurrence of the vacancy.
23 SECTION 13. IC 3-13-1-19 IS AMENDED TO READ AS
24 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 19. (a) Subject to
25 IC 3-8-8-7, a person who was defeated in a primary election or in a
26 town or state convention is eligible to be appointed by the political
27 party that the person affiliated with by voting in the most recent
28 primary election held by that party. The person selected may fill any
29 vacancy on the party's ticket as a candidate in any general, municipal,
30 or special election following that primary election or convention in
31 which the vacancy occurred. However,
32 (b) Subject to subsection (c), a person is not disqualified from
33 appointment under this section subsection (a) for not having voted in
34 the most recent primary election if the appointee is certified as a
35 member of that party by the county chairman for the county in which
36 the appointee resides.
37 (c) A person described in subsection (a) may not be appointed
38 to fill a vacancy by a political party that differs from the party with
39 which the person affiliated when the person was defeated in the
40 primary election or in the town or state convention.
41 SECTION 14. IC 3-13-2-10 IS AMENDED TO READ AS
42 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Subject to
2024 IN 1265—LS 6928/DI 144 16
1 IC 3-8-8-7, a person who was defeated in a primary election or in a
2 town or state convention is eligible to be appointed by the person's own
3 political party to that the person affiliated with by voting in the most
4 recent primary election held by that party. The person selected
5 may fill any vacancy on the party's ticket as a candidate in any general,
6 municipal, or special election following that primary election or
7 convention in which the vacancy occurred.
8 (b) Subject to subsection (c), a person is not disqualified from
9 appointment under subsection (a) for not having voted in the most
10 recent primary election if the appointee is certified as a member of
11 that party by the county chairman for the county in which the
12 appointee resides.
13 (c) A person described in subsection (a) may not be appointed
14 to fill a vacancy by a political party that differs from the party with
15 which the person affiliated when the person was defeated in the
16 primary election or in the town or state convention.
17 SECTION 15. IC 3-14-5-2, AS AMENDED BY P.L.227-2023,
18 SECTION 132, IS AMENDED TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Each precinct election board
20 shall, at the close of the polls, place any affidavit prescribed by
21 IC 3-10-1-9 to challenge the party affiliation of a person wishing to cast
22 a ballot in a primary election in a strong paper bag or envelope and
23 securely seal it. Each member shall endorse that member's name on the
24 back of the bag or envelope.
25 (b) Each precinct election board shall, at the close of the polls, place
26 any affidavit other than an affidavit described in subsection (a) that is
27 challenging the eligibility of a person who has offered to vote at a
28 primary election in a strong paper bag or envelope and securely seal it.
29 Each member shall endorse that member's name on the back of the bag
30 or envelope.
31 (c) The inspector and judge of the opposite political party shall
32 deliver the sealed bags or envelopes to the county election board. The
33 county election board shall do the following:
34 (1) Remove the affidavits from the bag or envelope.
35 (2) Mail a copy of each affidavit to the secretary of state.
36 (3) Replace the affidavits within the bag or envelope.
37 (4) Reseal the bag or envelope with the endorsement of the name
38 of each county election board member on the back of the bag or
39 envelope.
40 (5) Carefully preserve the resealed bag or envelope and deliver it,
41 with the county election board's seal unbroken, to the foreman of
42 the grand jury when next in session. prosecuting attorney of the
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1 county.
2 (d) The grand jury shall inquire into the truth or falsity of the
3 affidavits, and the court having jurisdiction over the grand jury shall
4 specially charge the jury as to its duties under this section.
5 (e) The grand jury shall file a report of the result of its inquiry with:
6 (1) the court; and
7 (2) the NVRA official if a violation of NVRA appears to have
8 occurred.
9 (f) The prosecuting attorney shall preserve the affidavits and
10 envelopes in accordance with IC 3-10-1-31.1, and shall return the
11 affidavits and envelopes to the circuit court clerk after the prosecuting
12 attorney has completed any proceeding resulting from the investigation
13 of the affidavits and envelopes.
14 SECTION 16. IC 9-14-13-2, AS ADDED BY P.L.198-2016,
15 SECTION 193, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The bureau shall not disclose:
17 (1) the Social Security number;
18 (2) the federal identification number;
19 (3) the driver's license number;
20 (4) the digital image of the driver's license, identification card, or
21 photo exempt identification card applicant;
22 (5) a reproduction of the signature secured under IC 9-24-9-1,
23 IC 9-24-16-2, or IC 9-24-16.5-2; or
24 (6) medical or disability information;
25 of any individual except as provided in subsection (b).
26 (b) The bureau may disclose any information listed in subsection
27 (a):
28 (1) to a law enforcement officer;
29 (2) to an agent or a designee of the department of state revenue;
30 (3) for uses permitted under IC 9-14-13-7(1), IC 9-14-13-7(4),
31 IC 9-14-13-7(6), and IC 9-14-13-7(9); or
32 (4) for voter registration and election purposes required under
33 IC 3-7, IC 3-11, or IC 9-24-2.5.
34 SECTION 17. [EFFECTIVE JULY 1, 2024] (a) The amendment
35 to the Constitution of the State of Indiana concerning the line of
36 succession to the governor, agreed to by the One Hundred
37 Twenty-Second General Assembly (P.L.176-2022) and the One
38 Hundred Twenty-Third General Assembly (P.L.253-2023), shall be
39 submitted to the electors of Indiana at the 2024 general election in
40 the manner provided for the submission of constitutional
41 amendments under IC 3.
42 (b) Under Article 16, Section 1 of the Constitution of the State
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1 of Indiana, which requires the general assembly to submit
2 constitutional amendments to the electors at the next general
3 election after the general assembly agrees to the amendment
4 referred to it by the last previously elected general assembly, and
5 in accordance with IC 3-10-3, the general assembly prescribes the
6 form in which the public question concerning the ratification of
7 this state constitutional amendment must appear on the 2024
8 general election ballot as follows:
9 "Public Question #1
10 Shall the Constitution of the State of Indiana be amended to
11 remove the state superintendent of public instruction from the list
12 of officeholders who shall discharge the powers and duties of the
13 governor if the office of the governor and lieutenant governor are
14 both vacant?".
15 SECTION 18. An emergency is declared for this act.
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