Indiana House Bill HB1265 Comm Sub / Bill

                    *HB1265.1*
January 25, 2024
HOUSE BILL No. 1265
_____
DIGEST OF HB 1265 (Updated January 24, 2024 4:02 pm - DI 144)
Citations Affected:  IC 3-5; IC 3-6; IC 3-7; IC 3-10; IC 3-11;
IC 3-11.5; IC 3-13; IC 3-14; IC 9-14; noncode.
Synopsis:  Various elections matters. Modifies the definition of
"chute". Defines "scantron" and provides that a scantron complies with
certain absentee ballot endorsement requirements if it is endorsed with
the initials of certain individuals. Allows a circuit court clerk, voter
registration official, or county election board to make certain filings by
fax or electronic mail. 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. Specifies that a provision concerning the delivery, 
(Continued next page)
Effective:  Upon passage; July 1, 2024.
Wesco
January 9, 2024, read first time and referred to Committee on Elections and
Apportionment.
January 25, 2024, amended, reported — Do Pass.
HB 1265—LS 6928/DI 144 Digest Continued
retention, confidentiality, and disposal of election materials does not
prohibit county election officials from performing a duty under statutes
concerning provisional voting. Exempts a political party office on a
primary ballot from the ballot arrangement requirement that all
candidates for the same office appear on the same page or screen.
Permits certain persons credentialed by the Indiana protection and
advocacy services commission to be in the polls during an election.
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. Allows a vote center plan amendment to be filed
with the election division by fax or electronic mail. Modifies provisions
applicable to the notice that must be sent to a voter when a signature
mismatch has occurred. Allows a voter to deliver a signature
verification affidavit signed by the voter to an absentee voter board at
a circuit court clerk's office or satellite location during the period of
early voting. Provides that the county election board or board of
elections and registration shall not reject an absentee ballot with a
missing security envelope signature in certain circumstances if the
voter delivers an affidavit of unsigned ballot that is signed by the voter
to an absentee voter board at a circuit court clerk's office or satellite
location during the period of early voting. Specifies certain
employment provisions that apply when a county election board
appoints a member of an absentee voter board, absentee ballot counter
team, or courier team. 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 in a primary election or a town or state
convention. Specifies the circumstances that create a late candidate
vacancy. Extends certain early candidate vacancy provisions to apply
to late candidate vacancies. Requires that action to fill a late candidate
vacancy be taken not later than 6 a.m. on election day. Modifies a
provision concerning the delivery and retention of affidavits. 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. 
HB 1265—LS 6928/DI 144HB 1265—LS 6928/DI 144 January 25, 2024
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 3-5-2-10 IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2024]: Sec. 10. "Chute" means the area or
3 pathway that extends fifty (50) feet in length, radius, measured from
4 the entrance to:
5 (1) the polls; or
6 (2) for purposes of early voting:
7 (A) the office of the circuit court clerk; or
8 (B) a satellite office of the circuit court clerk established
9 under IC 3-11-10-26.3.
10 If the property line of the polling place or an office described in
11 subdivision (2) is less than fifty (50) feet from the door or entrance to
12 the polling place or office, the chute is measured from the exterior door
13 or entrance to the polling place or office to one-half (1/2) the distance
14 to the property line of the polling place or office nearest to the entrance
15 to the polls. Whenever there are two (2) or more doors or entrances to
HB 1265—LS 6928/DI 144 2
1 the polls, the inspector of the precinct shall designate one (1) door or
2 entrance as the door for voters to enter for the purpose of voting.
3 SECTION 2. IC 3-5-2-43.5 IS ADDED TO THE INDIANA CODE
4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
5 UPON PASSAGE]: Sec. 43.5. "Scantron" means an optical scan
6 ballot that consists of an optical scan card that contains:
7 (1) the names of; or
8 (2) coding that indicates the names of;
9 political parties and candidates selected by the voter.
10 SECTION 3. IC 3-5-4-1.7, AS AMENDED BY P.L.227-2023,
11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 1.7. (a) Except as otherwise expressly authorized
13 or required under this title, a filing by a person with a commission, the
14 election division, an election board, or a county voter registration office
15 may not be made by fax or electronic mail.
16 (b) This subsection does not apply to a petition of nomination
17 described in IC 3-8-2, IC 3-8-3, or IC 3-8-6 that may be forwarded
18 by a county voter registration official to the election division.
19 Notwithstanding subsection (a) and except as provided in
20 IC 3-12-5, a:
21 (1) circuit court clerk;
22 (2) voter registration official; or
23 (3) county election board;
24 may make a filing by fax or electronic mail, if the filing is required
25 under this title to be made with the commission or election division.
26 (b) (c) A petition of nomination filed with a county voter
27 registration office under IC 3-8-2, IC 3-8-2.5, IC 3-8-3, or IC 3-8-6 or
28 a petition to place a public question on the ballot, or any other petition
29 filed that requires the county voter registration office to certify the
30 validity of signatures, may not contain the electronic signature,
31 including a signature described in IC 26-2-8-106, digital signature,
32 digitized signature, or photocopied signature of a voter.
33 (c) (d) An electronic signature, digital signature, digitized signature,
34 or photocopied signature of a candidate, campaign finance committee
35 chairman, or campaign finance committee treasurer may be used for
36 campaign finance statements and reports filed under IC 3-9.
37 SECTION 4. IC 3-6-5-17.3 IS ADDED TO THE INDIANA CODE
38 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
39 1, 2024]: Sec. 17.3. The county election board of a county that is not
40 designated as a vote center county under IC 3-11-18.1 must
41 establish a plan that specifies the method and timing of providing
42 absentee reports to persons who are entitled to receive the reports
HB 1265—LS 6928/DI 144 3
1 under this title. Absentee reports must be provided to all persons
2 entitled to the reports without unreasonable delay.
3 SECTION 5. IC 3-7-27-6, AS AMENDED BY P.L.128-2015,
4 SECTION 106, IS AMENDED TO READ AS FOLLOWS
5 [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) As required under 52
6 U.S.C. 20507(i), a county voter registration office shall retain records
7 concerning the implementation of programs and activities conducted
8 for the purpose of ensuring the accuracy and currency of the voter
9 registration list. These records include the following:
10 (1) Lists of names and addresses of voters who were sent notices
11 under the voter list maintenance program.
12 (2) Information concerning whether a voter has responded to a
13 notice described by subdivision (1) as of the date the inspection
14 of the record is made.
15 (b) The county voter registration office shall retain the records
16 described by this section for at least two (2) years. Except for records
17 concerning declinations to register to vote or that indicate the identity
18 of a voter registration agency where a person registered, the county
19 voter registration office shall make the records available for public
20 inspection and photocopying at a reasonable cost as provided in
21 IC 5-14-3.
22 (c) In accordance with IC 5-14-3-3(h) and notwithstanding any other
23 statute, a county voter registration office shall, with regard to voter
24 registration information concerning voters of the county on a
25 computerized system, act in accordance with a nondiscriminatory
26 uniform policy adopted by the county election board. The policy must:
27 (1) apply to all records maintained in the computerized list,
28 including election administration records and absentee
29 activity reports; and
30 (2) either:
31 (A) permit a person to duplicate or obtain a duplicate copy of
32 a computer disc or other similar record system that contains
33 this voter registration information; or
34 (B) not permit the person to duplicate or obtain a duplicate
35 copy of the information.
36 Notwithstanding IC 5-14-3-8, the county election board may adopt a
37 nondiscriminatory uniform fee for the production of this electronic
38 record.
39 (d) A person who requests computerized voter registration
40 information under subsection (c) must provide a written statement that
41 the person will not:
42 (1) use the information to solicit merchandise, goods, services, or
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1 subscriptions; or
2 (2) sell, loan, give away, or otherwise deliver the information
3 obtained by the request to any other person;
4 for a purpose other than political activities or political fundraising
5 activities.
6 (e) Publication of information obtained under subsection (d) in a
7 news broadcast or newspaper is not prohibited.
8 SECTION 6. IC 3-7-38.2-4, AS AMENDED BY P.L.71-2019,
9 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 4. (a) As provided under 52 U.S.C.
11 20507(c)(2)(B)(ii), this chapter does not prevent the correction of voter
12 registration records under this article.
13 (b) This subsection applies to a voter registration record The NVRA
14 official shall, at least once each calendar year, review and identify
15 voter registration records that does do not contain a date of birth or
16 contains contain a date of birth that is at least one hundred fifteen
17 (115) years or more before the date of the request. review.
18 (c) The election division shall request that the bureau of motor
19 vehicles provide the election division with any information kept by the
20 bureau of motor vehicles that sets forth the date of birth of the a voter
21 identified by the NVRA official. If the election division receives date
22 of birth information under this subsection, the election division shall
23 forward the information to the appropriate county voter registration
24 office.
25 (d) The NVRA official shall send to the voter registration offices
26 the names of voters associated with a voter registration record
27 identified under subsection (b).
28 (e) The county voter registration office shall:
29 (1) determine if the information applies to the voter registration
30 record that does not contain a date of birth or contains a date of
31 birth that is at least one hundred fifteen (115) years or more
32 before the date of the request; and
33 (2) if the information applies, amend the voter registration record
34 to contain the correct date of birth and document the source of the
35 information in the computerized list.
36 SECTION 7. IC 3-10-1-31.1, AS AMENDED BY P.L.131-2022,
37 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2024]: Sec. 31.1. (a) The inspector of each precinct shall
39 deliver the bags required by section 30(a) and 30(c) of this chapter in
40 good condition, together with poll lists, tally sheets, and other forms,
41 to the circuit court clerk when making returns.
42 (b) Except for unused ballots disposed of under IC 3-11-3-31 or the
HB 1265—LS 6928/DI 144 5
1 copies of the affidavits received by the county election board under
2 IC 3-14-5-2 for delivery to the foreman of a grand jury, prosecuting
3 attorney, the circuit court clerk shall seal the ballots (including
4 provisional ballots) and other material (including election material
5 related to provisional ballots) during the time allowed to file a verified
6 petition or cross-petition for a recount of votes or to contest the
7 election. Except as provided in subsection (c) and notwithstanding any
8 other provision of state law, after the recount or contest filing period,
9 the election material, including election material related to provisional
10 ballots (except for ballots and provisional ballots, which remain
11 confidential) shall be made available for copying and inspection under
12 IC 5-14-3. The circuit court clerk shall carefully preserve the sealed
13 ballots and other material for twenty-two (22) months, as required by
14 52 U.S.C. 20701, after which the sealed ballots and other material are
15 subject to IC 5-15-6 unless an order issued under:
16 (1) IC 3-12-6-19 or IC 3-12-11-16; or
17 (2) 52 U.S.C. 10301;
18 requires the continued preservation of the ballots or other material.
19 (c) If a petition for a recount or contest is filed, the material for that
20 election remains confidential until completion of the recount or contest.
21 (d) Upon delivery of the poll lists, the county voter registration
22 office shall unseal the envelopes containing the poll lists, inspect the
23 poll lists, and update the registration records of the county. The county
24 voter registration office shall use the poll lists and information on
25 affidavits executed under IC 3-10-10, IC 3-10-11, or IC 3-10-12 to
26 update the registration record to include the voter's voter identification
27 number if the voter's voter identification number is not already
28 included in the registration record. Upon completion of the inspection,
29 the poll list and affidavits shall be preserved with the ballots and other
30 materials in the manner prescribed by subsection (b) for the period
31 prescribed by subsections (b) and (c).
32 (e) In addition to the poll lists described in subsection (d), the
33 county voter registration office shall use the affidavits described by
34 IC 3-10-10-7, IC 3-10-11-4, and IC 3-10-12-3.4 to update the
35 registration records of the county as soon as the affidavits are delivered
36 to the county voter registration office.
37 (f) The county voter registration office shall retain a voter's paper
38 registration records associated with the address at which the voter is
39 registered to vote until all of the following are satisfied:
40 (1) The voter's registration at the address stated in the voter's
41 registration application has been canceled.
42 (2) The general election immediately following the cancellation
HB 1265—LS 6928/DI 144 6
1 of the voter's registration under subdivision (1) has occurred.
2 (3) Twenty-four (24) months have elapsed following the general
3 election described in subdivision (2).
4 (g) This subsection does not apply to ballots, including provisional
5 ballots. Notwithstanding subsection (b), if a county voter registration
6 office determines that the inspection and copying of precinct election
7 material would reveal the political parties, candidates, and public
8 questions for which an individual cast an absentee ballot, the county
9 voter registration office shall keep confidential only that part of the
10 election material necessary to protect the secrecy of the voter's ballot.
11 In addition, the county voter registration office shall keep confidential
12 information contained in material related to provisional ballots that
13 identifies an individual, except for the individual's name, address, and
14 birth date.
15 (h) After the expiration of the period described in subsection (b) or
16 (c), the ballots may be destroyed in the manner provided by
17 IC 3-11-3-31 or transferred to a state educational institution as
18 provided by IC 3-12-2-12.
19 (i) This subsection applies to a detachable recording unit or
20 compartment used to record a ballot cast on a direct record electronic
21 voting system. After the time allowed to file a verified petition or
22 cross-petition for a recount of votes or to contest the election, the
23 circuit court clerk shall transfer the data contained in the unit or
24 compartment to a disc or other recording medium. After transferring
25 the data, the clerk may clear or erase the unit or compartment. The
26 circuit court clerk shall carefully preserve the disc or medium used to
27 record the data for twenty-two (22) months, as required by 52 U.S.C.
28 20701, after which time the disc or medium may be erased or
29 destroyed, subject to IC 5-15-6, unless an order requiring the continued
30 preservation of the disc or medium is issued under the following:
31 (1) IC 3-12-6-19.
32 (2) IC 3-12-11-16.
33 (3) 52 U.S.C. 10301.
34 (j) This subsection applies to a county using an electronic poll book.
35 After each election, the county shall save all data recorded on the
36 electronic poll book and any information stored on the dedicated,
37 private server required under IC 3-11-8-10.3(b)(4). The circuit court
38 clerk shall carefully preserve the disc or medium used to record the
39 data for twenty-two (22) months, as required by 52 U.S.C. 20701, after
40 which time the data may be erased or destroyed, subject to IC 5-15-6,
41 unless an order requiring the continued preservation of the data is
42 issued under the following:
HB 1265—LS 6928/DI 144 7
1 (1) IC 3-12-6-19.
2 (2) IC 3-12-11-16.
3 (3) 52 U.S.C. 10301.
4 (k) This section does not prohibit county election officials from
5 performing post-election audits, as authorized by statute.
6 (l) This section does not prohibit county election officials from
7 performing a duty under IC 3-11.7.
8 SECTION 8. IC 3-11-2-12.3, AS ADDED BY P.L.227-2023,
9 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 UPON PASSAGE]: Sec. 12.3. (a) This section does not apply to a
11 political party office printed on a primary ballot.
12 (b) A ballot must be arranged so that all candidates for the same
13 office appear on the same page or screen of the ballot.
14 SECTION 9. IC 3-11-4-3, AS AMENDED BY P.L.170-2023,
15 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 UPON PASSAGE]: Sec. 3. (a) For purposes of this section, "clerk"
17 means:
18 (1) the circuit court clerk; or
19 (2) in a county subject to IC 3-6-5.2 or IC 3-6-5.6, the director
20 of the board of elections and registration.
21 (a) (b) Except as provided in subsection (c) (e) and section 6 of this
22 chapter, an absentee ballot application for an absentee ballot must be
23 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
24 or IC 3-6-5.6, the director of the board of elections and registration) not
25 earlier than the date the registration period resumes under
26 IC 3-7-13-10. nor later than
27 (c) An absentee ballot application must be received by the clerk
28 not later than the following:
29 (1) Noon on election day if the voter registers to vote under
30 IC 3-7-36-14.
31 (2) Noon on the day before election day if the voter:
32 (A) completes the application in the office of the circuit court
33 clerk under IC 3-11-10-26; or
34 (B) is an absent uniformed services voter or overseas voter
35 who requests that the ballot be transmitted by electronic mail
36 or fax under section 6(h) of this chapter.
37 (3) Noon on the day before election day if:
38 (A) the application is mailed, transmitted by electronic mail or
39 fax, or hand delivered from a confined voter or voter caring for
40 a confined person; and
41 (B) the applicant requests that the absentee ballots be
42 delivered to the applicant by an absentee voter board under
HB 1265—LS 6928/DI 144 8
1 IC 3-11-10-25.
2 (4) 11:59 p.m. twelve (12) days before election day if the
3 application is:
4 (A) a mailed application;
5 (B) transmitted by electronic mail;
6 (C) transmitted by fax; or
7 (D) hand delivered;
8 from other voters who request to vote by mail under
9 IC 3-11-10-24 or for a voter with print disabilities to vote by
10 electronic mail or fax under section 6(h) of this chapter.
11 (b) (d) An application for an absentee ballot received by the election
12 division by the time and date specified by subsection (a)(2)(B), (a)(3),
13 (c)(2)(B), (c)(3), or (a)(4) (c)(4) is considered to have been timely
14 received for purposes of processing by the county. The election
15 division shall immediately transmit the application to the circuit court
16 clerk or the director of the board of elections and registration, of the
17 county where the applicant resides. The election division is not
18 required to complete or file the affidavit required under section 2(m)
19 of this chapter whenever the election division transmits an application
20 under this subsection.
21 (c) (e) If the circuit court clerk receives an absentee ballot
22 application for a voter that is not registered to vote in the county where
23 the clerk serves, the clerk shall forward the application, on an
24 expedited basis, to the circuit court clerk of the county where the voter
25 is registered to vote. The circuit court clerk that receives the
26 application on an expedited basis shall consider the application as filed
27 on the date and time it was filed with the clerk that forwarded the
28 application.
29 (d) (f) An application for an absentee ballot for the election may not
30 be received by the circuit court clerk (or, in a county subject to
31 IC 3-6-5.2 or IC 3-6-5.6, the director of the board of elections and
32 registration) earlier than before December 1 of the year before the
33 election.
34 SECTION 10. IC 3-11-4-6, AS AMENDED BY P.L.227-2023,
35 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 UPON PASSAGE]: Sec. 6. (a) This section applies, notwithstanding
37 any other provision of this title, to absentee ballot applications for the
38 following:
39 (1) An absent uniformed services voter.
40 (2) An address confidentiality program participant (as defined in
41 IC 5-26.5-1-6).
42 (3) An overseas voter.
HB 1265—LS 6928/DI 144 9
1 (4) A voter with print disabilities.
2 (b) A county election board shall make blank absentee ballot
3 applications available for persons covered by this section. Except as
4 provided in section 3(d) 3(f) of this chapter, a person may apply for an
5 absentee ballot at any time after the registration period resumes under
6 IC 3-7-13-10.
7 (c) A person covered by this section may apply for an absentee
8 ballot for the next scheduled primary, general, or special election by
9 filing either of the following:
10 (1) A combined absentee registration form and absentee ballot
11 request approved under 52 U.S.C. 20301(b)(2).
12 (2) A form prescribed under IC 3-5-4-8 that identifies the
13 applicant as an absent uniformed services voter, an overseas
14 voter, or a voter with print disabilities. A form prescribed under
15 this subdivision must permit the applicant to designate whether
16 the applicant wishes to receive the absentee ballot by electronic
17 mail, fax, or United States mail.
18 (d) If the county election board receives an absentee ballot
19 application from a person described by subsection (c), the circuit court
20 clerk shall mail to the person, free of postage as provided by 39 U.S.C.
21 3406, all ballots for the election immediately upon receipt of the ballots
22 under section 15 of this chapter, unless the person has indicated under
23 subsection (c) that the person wishes to receive the absentee ballot by
24 electronic mail or fax.
25 (e) Whenever a voter files an application for an absentee ballot and
26 indicates on the application that the voter is an absent uniformed
27 services voter, an overseas voter, or a voter with print disabilities, the
28 application is an adequate application for an absentee ballot for an
29 election conducted during the period that ends on December 31
30 following the date the application is filed, unless an absentee ballot
31 mailed to the voter at the address set forth in the application is returned
32 to the county election board during that period as undeliverable. The
33 circuit court clerk and county election board shall process this
34 application and send general election absentee ballots to the voter in
35 the same manner as other general election and special election absentee
36 ballot applications and ballots are processed and sent under this
37 chapter. If a voter entitled to receive an absentee ballot under this
38 subsection subsequently files a voter registration application for a
39 change of address within the same county or for a change of name or
40 other information set forth in the voter's registration record, the
41 previously approved absentee ballot application remains effective for
42 the same period, unless the acknowledgment notice sent to the voter at
HB 1265—LS 6928/DI 144 10
1 that address is returned by the United States Postal Service due to an
2 unknown or insufficient address in accordance with IC 3-7-33-5. If a
3 voter entitled to receive an absentee ballot under this subsection
4 subsequently files a voter registration application for an address that is
5 not located in the same county, the voter must file a new absentee
6 ballot application under this section with the appropriate county
7 election board.
8 (f) Whenever a voter described in subsection (a)(2) files an
9 application for a primary election absentee ballot and indicates on the
10 application that the voter is an address confidentiality program
11 participant, the application is an adequate application for a general
12 election absentee ballot under this chapter and an absentee ballot for a
13 special election conducted during the period that ends on December 31
14 following the date the application is filed. The circuit court clerk and
15 county election board shall process this application and send general
16 election and special election absentee ballots to the voter in the same
17 manner as other general election and special election absentee ballot
18 applications and ballots are processed and sent under this chapter.
19 (g) The name, address, telephone number, and any other identifying
20 information relating to a program participant (as defined in
21 IC 5-26.5-1-6) in the address confidentiality program, as contained in
22 a voting registration record, is declared confidential for purposes of
23 IC 5-14-3-4(a)(1). The county voter registration office may not disclose
24 for public inspection or copying a name, an address, a telephone
25 number, or any other information described in this subsection, as
26 contained in a voting registration record, except as follows:
27 (1) To a law enforcement agency, upon request.
28 (2) As directed by a court order.
29 (h) The county election board shall by fax or electronic mail
30 transmit an absentee ballot to and receive an absentee ballot from an
31 absent uniformed services voter, an overseas voter, or a voter with print
32 disabilities by electronic mail or fax at the request of the voter
33 indicated in the application filed under this section. If the voter wants
34 to submit absentee ballots by fax or electronic mail, the voter must
35 separately sign and date a statement submitted with the electronic mail
36 or the fax transmission that states substantively the following: "I
37 understand that by faxing or e-mailing my voted ballot I am voluntarily
38 waiving my right to a secret ballot.".
39 (i) The county election board shall send confirmation to a voter
40 described in subsection (h) that the voter's absentee ballot has been
41 received as follows:
42 (1) If the voter provides a fax number to which a confirmation
HB 1265—LS 6928/DI 144 11
1 may be sent, the county election board shall send the confirmation
2 to the voter at the fax number provided by the voter.
3 (2) If the voter provides an electronic mail address to which a
4 confirmation may be sent, the county election board shall send the
5 confirmation to the voter at the electronic mail address provided
6 by the voter.
7 (3) If:
8 (A) the voter does not provide a fax number or an electronic
9 mail address; or
10 (B) the number or address provided does not permit the board
11 to send the confirmation not later than the end of the first
12 business day after the board receives the voter's absentee
13 ballot;
14 the county election board shall send the confirmation by United
15 States mail.
16 The county election board shall send the confirmation required by this
17 subsection not later than the end of the first business day after the
18 county election board receives the voter's absentee ballot.
19 (j) Upon approval of the voter's absentee ballot application, a county
20 election board shall transmit an absentee ballot to an absent uniformed
21 services voter or an overseas voter by electronic mail under a program
22 authorized and administered by the Federal Voting Assistance Program
23 of the United States Department of Defense or directly to the voter at
24 the voter's electronic mail address, if requested to do so by the voter. A
25 voter described by this section may transmit the voted absentee ballot
26 to a county election board by electronic mail. If a voter described in
27 this section transmits the voted absentee ballot through the United
28 States Department of Defense program, the ballot must be transmitted
29 in accordance with the procedures established under that program. An
30 electronic mail message transmitting a voted absentee ballot under this
31 subsection must include a digital image of the voter's signature on the
32 statement required under subsection (h).
33 (k) The secretary of state, with the approval of the election division,
34 shall develop a system that complies with the Web Content Guidelines.
35 SECTION 11. IC 3-11-4-17.6, AS ADDED BY P.L.140-2023,
36 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 UPON PASSAGE]: Sec. 17.6. (a) For purposes of this section, "clerk"
38 means:
39 (1) the circuit court clerk; or
40 (2) in a county subject to IC 3-6-5.2 or IC 3-6-5.6, the director of
41 the board of elections and registration.
42 (b) This subsection applies to an application to receive an absentee
HB 1265—LS 6928/DI 144 12
1 ballot by mail under IC 3-11-10-24 that is received by the clerk more
2 than twelve (12) or more days before election day. If the clerk
3 determines that the application does not fully comply with the
4 requirements of this title, the clerk shall transmit the following to the
5 applicant:
6 (1) An application for an absentee ballot.
7 (2) A written notice prescribed by the election division under
8 IC 3-5-4-8 that includes:
9 (A) a brief explanation of each defect in the noncompliant
10 application;
11 (B) a statement informing the voter that the voter is not
12 entitled to vote before election day by absentee ballot unless
13 the application complies with all legal requirements; and
14 (C) instructions for submitting a second application for an
15 absentee ballot.
16 (c) This subsection applies to an application to receive an absentee
17 ballot by mail under IC 3-11-10-24 that is received by the clerk:
18 (1) after 11:59 p.m. twelve (12) days before election day; and
19 (2) before noon on the day before election day.
20 If the clerk determines that the application does not fully comply with
21 the requirements of this title, the clerk shall transmit to the applicant a
22 written notice that includes the information described by subsection
23 (b)(2)(A) through (b)(2)(B). If applicable, the notice must also include
24 a statement that the application was late.
25 (d) This subsection applies to a voter who submits a defective
26 application to receive an absentee ballot that is received by the clerk
27 before the deadline for receipt of absentee ballots under section 3 of
28 this chapter. Notwithstanding the requirement under IC 3-11-10-25(e)
29 for prior unanimous approval by the county election board, the clerk
30 may:
31 (1) deliver a second absentee application in person to a voter
32 described by this subsection;
33 (2) approve the second absentee application if the clerk
34 determines that each defect in the first absentee application has
35 been corrected; and
36 (3) if accompanied by an absentee voter board, provide the
37 absentee ballot to the voter.
38 (e) After receiving the ballot under subsection (d), the voter may
39 return the voted absentee ballot:
40 (1) in person to the absentee voter board; or
41 (2) to the county election board;
42 before the deadline for receipt of absentee ballots under
HB 1265—LS 6928/DI 144 13
1 IC 3-11.5-4-10.
2 (f) If a clerk uses the procedure described in subsection (d), the
3 procedure must be applied uniformly to all applications covered by
4 subsection (d).
5 SECTION 12. IC 3-11-8-15, AS AMENDED BY P.L.227-2023,
6 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 UPON PASSAGE]: Sec. 15. (a) Only the following persons are
8 permitted in the polls during an election:
9 (1) Members of a precinct election board.
10 (2) Poll clerks and assistant poll clerks.
11 (3) Election sheriffs.
12 (4) Deputy election commissioners.
13 (5) Pollbook holders and challengers.
14 (6) Watchers.
15 (7) Voters for the purposes of voting.
16 (8) Minor children accompanying voters as provided under
17 IC 3-11-11-8.
18 (9) An assistant to a precinct election officer appointed under
19 IC 3-6-6-39.
20 (10) An individual authorized to assist a voter in accordance with
21 IC 3-11-9.
22 (11) A member of a county election board, acting on behalf of the
23 board.
24 (12) A technician authorized to act on behalf of a county election
25 board to repair a voting system (if the technician bears credentials
26 signed by each member of the board).
27 (13) Either of the following who have been issued credentials
28 signed by the members of the county election board:
29 (A) The county chairman of a political party.
30 (B) The county vice chairman of a political party.
31 However, a county chairman or a county vice chairman who is a
32 candidate for nomination or election to office at the election may
33 not enter the polls under this subdivision.
34 (14) The secretary of state, as chief election officer of the state,
35 unless the individual serving as secretary of state is a candidate
36 for nomination or election to an office at the election.
37 (15) A person credentialed by the Indiana protection and
38 advocacy services commission to conduct activities for the
39 protection and advocacy for voting access program provided
40 under 52 U.S.C. 21061.
41 (b) Except for an individual described in subsection (a)(8) or
42 (a)(10), an individual must be a citizen of the United States to be
HB 1265—LS 6928/DI 144 14
1 permitted in the polls during an election.
2 (c) The secretary of state may exempt an individual from the
3 requirement to be a United States citizen.
4 (d) This subsection applies to a simulated election for minors
5 conducted with the authorization of the county election board. An
6 individual participating in the simulated election may be in the polls for
7 the purpose of voting. A person supervising the simulated election may
8 be in the polls to perform the supervision.
9 (e) The inspector of a precinct has authority over all simulated
10 election activities conducted under subsection (d) and shall ensure that
11 the simulated election activities do not interfere with the election
12 conducted in that polling place.
13 (f) A person described in subsection (a)(15) must carry an
14 identification card that clearly states the following:
15 (1) The name of the individual carrying the identification
16 card.
17 (2) A statement that the person is credentialed by the Indiana
18 protection and advocacy services commission to enter the
19 polling location.
20 (3) A brief statement that the individual is conducting
21 activities provided under federal law.
22 SECTION 13. IC 3-11-10-26.3, AS AMENDED BY P.L.169-2015,
23 SECTION 123, IS AMENDED TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2024]: Sec. 26.3. (a) A county election board
25 may adopt a resolution to authorize the circuit court clerk to establish
26 satellite offices in the county where voters may cast absentee ballots
27 before an absentee voter board.
28 (b) To be adopted under this section, a resolution must be adopted
29 by the unanimous vote of the board's entire membership.
30 (c) A resolution adopted under this section must do the following:
31 (1) State the locations of the satellite offices.
32 (2) State the hours at which absentee voting may occur at the
33 satellite offices.
34 (d) The resolution may contain other provisions the board considers
35 useful.
36 (e) If a resolution is adopted under this section for a primary
37 election, the following apply:
38 (1) Except as provided in subdivision (2), the locations of the
39 satellite offices and the hours at which absentee voting may occur
40 at the satellite offices established for the primary election must be
41 used for the subsequent general or municipal election.
42 (2) The board may, by unanimous vote of the board's entire
HB 1265—LS 6928/DI 144 15
1 membership, amend the resolution to modify, for the
2 subsequent general or municipal election:
3 (A) the locations of the satellite offices; and
4 (B) the hours at which absentee voting may occur at the
5 satellite offices.
6 A board in a county designated as a vote center county under
7 IC 3-11-18.1 that amends a resolution under subdivision (2) shall
8 also amend its plan under IC 3-11-18.1-15 to conform to the
9 amendment.
10 (f) If a resolution is adopted under this section, the procedure for
11 casting an absentee ballot at a satellite office must, except as provided
12 in this section, be substantially the same as the procedure for casting an
13 absentee ballot in the office of the circuit court clerk under section 26
14 of this chapter.
15 (g) A voter casting an absentee ballot under this section is entitled
16 to cast the voter's ballot in accordance with IC 3-11-9.
17 (h) A satellite office established by a circuit court clerk under this
18 section must comply with the polling place accessibility requirements
19 of IC 3-11-8.
20 (i) A resolution adopted under this section expires January 1 of the
21 year immediately after the year in which the resolution is adopted.
22 SECTION 14. IC 3-11-10-29, AS AMENDED BY P.L.109-2021,
23 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 UPON PASSAGE]: Sec. 29. (a) The envelope required by section 28
25 of this chapter must bear upon its face a printed affidavit containing the
26 voter's affirmation under penalties of perjury that the following
27 information is true:
28 The voter must indicate the voter's precinct and township (or ward
29 and city or town) and indicate whether the voter is entitled to vote
30 as a resident of the precinct or is entitled to vote under IC 3-10-11
31 or IC 3-10-12.
32 (b) The voter must sign and date the affidavit. and After the voter
33 has signed and dated the affidavit, the absentee voter board members
34 each must sign the affidavit and print the member's name.
35 (c) The absentee voter board must indicate on the affidavit if:
36 (1) the board visited the voter in the manner authorized under
37 section 25(b) of this chapter; and
38 (2) the voter was a voter with disabilities who was unable to make
39 a voting mark on the ballot or sign the absentee ballot secrecy
40 envelope under section 24(d) of this chapter.
41 SECTION 15. IC 3-11-18.1-15, AS AMENDED BY P.L.170-2019,
42 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HB 1265—LS 6928/DI 144 16
1 JULY 1, 2024]: Sec. 15. (a) A county may amend a plan adopted with
2 a county election board's order under section 3 of this chapter.
3 (b) For a county to amend its plan:
4 (1) the county election board or board of elections and
5 registration, by unanimous vote of the entire membership of the
6 board, must approve the plan amendment;
7 (2) all members of the board must sign the amendment; and
8 (3) the amendment must be filed with the election division.
9 (c) A plan amendment takes effect immediately upon filing with the
10 election division, unless otherwise specified by the county election
11 board.
12 (d) A plan amendment may be filed with the election division by
13 fax or electronic mail.
14 SECTION 16. 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.
HB 1265—LS 6928/DI 144 17
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 17. IC 3-11.5-4-13.5, AS ADDED BY P.L.109-2021,
40 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 13.5. (a) This section applies to an absentee ballot
42 where there is a finding that the voter's signature on the absentee ballot
HB 1265—LS 6928/DI 144 18
1 security envelope affidavit does not correspond to the signature on the
2 voter's absentee ballot application or electronic poll book, or any
3 signature by the voter maintained in the statewide voter registration
4 system.
5 (b) If the absentee voter board, the absentee ballot counters, or the
6 county election board determine that a voter's signature on the absentee
7 ballot security envelope affidavit does not correspond to:
8 (1) the voter's signature on the absentee ballot application;
9 (2) the voter's signature on the electronic poll book; or
10 (3) any signature of the voter maintained in the statewide voter
11 registration system;
12 the absentee ballot security envelope shall not be opened and the ballot
13 shall not be counted.
14 (c) The absentee voter board, the absentee ballot counters, or the
15 county election board shall write the date and cause of the mismatched
16 signature on the face of the security envelope after completing the
17 procedures set forth in this section.
18 (d) The county election board or board of elections and registration
19 shall send a notice produced from the computerized system established
20 by IC 3-7-26.3 to the voter of the determination of the absentee voter
21 board, absentee ballot counters, county election board, or board of
22 elections and registration that an absentee ballot signature mismatch
23 has occurred. The county election board shall:
24 (1) either:
25 (A) hand deliver the notice; or
26 (B) mail the notice by first class United States mail;
27 to the registration address of the voter;
28 (2) send the notice by electronic mail to the voter if an electronic
29 mail address for the voter is available; and
30 (3) call the voter by telephone to provide notice of the signature
31 mismatch determination, if a telephone number for the voter is
32 available;
33 not later than the close of business two (2) business days after the
34 signature mismatch determination by the county occurs. If a county
35 election board is unable to produce the notice from the
36 computerized list, the county election board may send the notice
37 provided by the election division.
38 (e) If:
39 (1) the county election board does not provide the voter with
40 the notice described in subsection (d) before the close of
41 business two (2) business days after the signature mismatch is
42 determined; and
HB 1265—LS 6928/DI 144 19
1 (2) the voter learns that the notice described in subsection (d)
2 should have been provided;
3 the voter or a representative of the voter may request the notice
4 described in subsection (d) from the county election board or the
5 election division.
6 (f) An absentee ballot sealed inside an absentee ballot security
7 envelope affidavit with a signature mismatch shall be treated as a
8 provisional ballot under IC 3-11.7. The signature mismatch may be
9 cured under this section and the absentee ballot counted if the ballot is
10 otherwise valid.
11 (f) (g) A voter notified by the county election board or board of
12 elections and registration under subsection (d) must verify the voter's
13 signature under this section on:
14 (1) the absentee ballot security envelope affidavit;
15 (2) the absentee ballot application or electronic poll book; or
16 (3) both;
17 by filing an affidavit with the county election board or board of
18 elections and registration not later than noon, prevailing local time,
19 eight (8) days after election day.
20 (g) (h) The notice under subsection (d) is subject to IC 3-5-4-8 and
21 must contain the following information:
22 (1) A statement from the county election board or board of
23 elections and registration notifying the voter that the county has
24 determined that a signature mismatch has occurred between the
25 signature of the voter on the absentee ballot security envelope
26 affidavit and the voter's signature on the absentee ballot
27 application or electronic poll book, or any signature made by the
28 voter on file in the statewide voter registration system.
29 (2) A statement that the voter's absentee ballot will be rejected
30 and not counted unless the voter cures the signature mismatch
31 under this section by filing a signed signature verification
32 affidavit with the county election board or board of elections and
33 registration not later than noon, local prevailing time, eight (8)
34 days after election day, and specifying the date on which the
35 eighth day will fall.
36 (3) A signature line for the voter to print the voter's name and date
37 and sign the signature verification affidavit.
38 (4) A statement that the signature verification affidavit must be:
39 (A) placed into a mailing envelope addressed to the county
40 election board or board of elections and registration, and either
41 mailed with sufficient postage or hand delivered to the board;
42 or
HB 1265—LS 6928/DI 144 20
1 (B) sent to the board by electronic mail or facsimile
2 transmission.
3 (5) Information provided by the board setting forth the mailing
4 address, electronic mail address, or facsimile number of the
5 board.
6 (6) The name of the voter.
7 (h) (i) The signature verification affidavit shall be prescribed by the
8 election division under IC 3-5-4-8, shall be produced from the
9 computerized list established under IC 3-7-26.3, must substantially be
10 in the following form, and may be included on the same page as the
11 notice and instructions:
12 SIGNATURE VERIFICATION AFFIDAVIT
13 I, [voter's name], am a registered voter of [voter's county of
14 residence] County, State of Indiana. I declare under the penalties
15 of perjury that I requested and returned an absentee ballot. I am
16 a resident of the precinct in which I have voted (or I am entitled
17 to vote in this precinct under Indiana law), and I am the person
18 whose name appears on the absentee ballot envelope. I understand
19 that if I commit or attempt any fraud in connection with voting, or
20 if I aid or abet fraud or attempt to aid or abet fraud in connection
21 with voting, I may be convicted of a felony punishable by
22 imprisonment, a fine, or both. I understand that my failure to sign
23 this statement means my absentee ballot will not be counted.
24 ___________________
25 Voter's Signature
26 ____________________
27 Voter's Printed Name
28 ________________________
29 Voter's Registration Address
30 If there is a reason why your signature does not match, please
31 explain here. Examples include age or disability of the voter or
32 execution of the absentee affidavit by the person holding the
33 voter's power of attorney or any person assisting a voter under
34 IC 3-11-4-2(b) or a member of the voter's immediate household
35 or power of attorney attesting to the voter's signature on the
36 absentee by mail return envelope under IC 3-11.5-4-13(c). The
37 computerized list shall preprint the name of the voter in the
38 appropriate parts of the affidavit.
39 (i) (j) The county election board or board of elections and
40 registration may not reject an absentee ballot with a nonconforming
41 security envelope signature if each of the following conditions are
42 satisfied:
HB 1265—LS 6928/DI 144 21
1 (1) The voter delivers:
2 (A) in person;
3 (B) by mail;
4 (C) by facsimile transmission; or
5 (D) by electronic mail;
6 a signature verification affidavit signed by the voter and the
7 county election board or board of elections and registration
8 receives the affidavit not later than noon, prevailing time, eight
9 (8) days after election day, or the voter, before the close of the
10 polls on election day, completes and files a signature verification
11 affidavit with the inspector or other chief election official of the
12 precinct or vote center within the county. The inspector or vote
13 center official shall forward the signature verification statement
14 to the county election board or board of elections and registration
15 with the other materials from the precinct. The voter may deliver
16 a signature verification affidavit signed by the voter to an
17 absentee voter board at a circuit court clerk's office or
18 satellite location during the period of early voting described
19 in IC 3-11-10-26.
20 (2) Upon receipt of the signature verification statement, the
21 county election board or county board of elections and
22 registration shall open the provisional ballot envelope to access
23 the voter's absentee ballot security envelope to:
24 (A) compare the signature on the verification statement with
25 the signature on the affidavit of the ballot envelope; or
26 (B) if the ballot is for a military or overseas voter who
27 transmitted the ballot by facsimile or electronic mail, compare
28 the affidavit found under IC 3-11-4-6(h) and, if applicable, the
29 signature found in the voter's registration record or the
30 signature on the absentee ballot application.
31 (j) (k) If, upon conducting the comparison of signatures, the board
32 determines that the signatures match and no other challenges have been
33 made to the ballot, the board shall open the absentee ballot security
34 envelope and add the votes cast on the ballot to the tally for the voter's
35 precinct.
36 (k) (l) A ballot may not be removed from the security envelope until
37 the time for processing ballots. If, upon conducting the comparison of
38 the signatures under this section, the election officials determine that
39 the signatures are mismatched, the voter's absentee ballot security
40 envelope may not be opened and the ballot shall not be counted. The
41 election officials shall write "this ballot has been rejected because of
42 a mismatched signature" on the face of the security envelope. The
HB 1265—LS 6928/DI 144 22
1 absentee ballot security envelope must be resealed and the status of the
2 rejected provisional ballot must be made under the "County Election
3 Board Findings" on the affidavit.
4 (l) (m) A mismatched absentee ballot security envelope is to be
5 treated as a provisional ballot and is subject to the same confidentiality
6 restrictions under IC 3-11.7-6-3.
7 (m) (n) If the county election board or board of elections and
8 registration determines that the signatures match, the board shall
9 provide a copy of the statement to the county voter registration officer
10 in any county where there is a separate board of registration. The voter
11 registration officer shall then use the signature in the signature
12 verification statement, even if returned untimely, to update the voter's
13 signature in the voter's registration record.
14 SECTION 18. IC 3-11.5-4-13.6, AS ADDED BY P.L.109-2021,
15 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 13.6. (a) This section applies to an absentee ballot
17 where there is a finding that the voter's signature on the absentee ballot
18 security envelope affidavit is missing and therefore does not
19 correspond to the signature on the voter's absentee ballot application or
20 electronic poll book.
21 (b) Section 13.5(c), 13.5(d), 13.5(e), and 13.5(f) 13.5(g) of this
22 chapter apply to this section.
23 (c) The county election board or board of elections and registration
24 shall not reject an absentee ballot with a missing security envelope
25 signature if either any of the following conditions is are satisfied and
26 the county election board or board of elections and registration
27 determines that the unsigned absentee ballot affidavit is truthful and
28 otherwise in compliance with this section:
29 (1) The voter delivers:
30 (A) in person;
31 (B) by mail;
32 (C) by facsimile; or
33 (D) by electronic mail;
34 an affidavit of unsigned ballot that is signed by the voter, and the
35 county election board or board of elections and registration
36 receives the affidavit not later than noon eight (8) days after
37 election day.
38 (2) Before the close of the polls on election day, the voter
39 completes and files an affidavit of unsigned ballot with the
40 inspector or other chief election official of the precinct or vote
41 center within the county. The inspector or vote center official
42 shall forward the affidavit of unsigned ballot to the county
HB 1265—LS 6928/DI 144 23
1 election board or board of elections and registration with the other
2 materials from the precinct.
3 (3) The voter delivers an affidavit of unsigned ballot that is
4 signed by the voter to an absentee voter board at a circuit
5 court clerk's office or satellite location during the period of
6 early voting described in IC 3-11-10-26.
7 (d) Upon receipt of the affidavit of unsigned ballot, the county
8 election board or county board of elections and registration shall open
9 the provisional ballot envelope to access the voter's absentee ballot
10 security envelope to:
11 (1) compare the signature on the affidavit of unsigned ballot with
12 the most recent signature on the voter's registration record in the
13 statewide voter registration system, or the signature on the
14 absentee ballot application; or
15 (2) if the ballot is for a military or overseas voter who transmitted
16 the ballot by facsimile or electronic mail, compare the affidavit
17 found under IC 3-11-4-6(h) and, if applicable, the signature found
18 in the voter's registration record or the signature on the absentee
19 ballot application.
20 (e) If, upon conducting the comparison of the signatures, the board
21 determines that the signatures match and there are no other challenges
22 that have been made to the ballot, the board shall open the absentee
23 ballot security envelope and add the votes cast on the ballot to the tally
24 for the voter's precinct.
25 (f) If, upon conducting the comparison of the signatures, the board
26 determines that the signatures are mismatched, the voter's absentee
27 ballot security envelope shall not be opened and the ballot may not be
28 counted. The board shall write "this ballot has been rejected because
29 of a mismatched signature" on the face of the security envelope. The
30 provisional ballot envelope must be resealed and the status of the
31 rejected ballot must be set forth under the "County Election Board
32 Findings" on the affidavit.
33 (g) The affidavit of unsigned ballot shall be prescribed by the
34 election division under IC 3-5-4-8, shall be produced from the
35 computerized list established under IC 3-7-26.3, must be in
36 substantially the following form, and may be included on the same
37 page as the notice and instructions:
38 AFFIDAVIT OF UNSIGNED BALLOT
39 I, [voter's name], am a registered voter of [voter's county of
40 residence] County, State of Indiana. I declare under the penalties
41 of perjury that I requested and returned an absentee ballot. I am
42 a resident of the precinct in which I have voted (or I am entitled
HB 1265—LS 6928/DI 144 24
1 to vote in this precinct under Indiana law), and I am the person
2 whose name appears on the absentee ballot envelope. I understand
3 that if I commit or attempt any fraud in connection with voting, or
4 if I aid or abet fraud or attempt to aid or abet fraud in connection
5 with voting, I may be convicted of a felony punishable by
6 imprisonment, a fine, or both. I understand that my failure to sign
7 this statement means that my absentee ballot will not be counted.
8 ___________________
9 Voter's Signature
10 ____________________
11 Voter's Printed Name
12 ________________________
13 Voter's Registration Address
14 The computerized list shall preprint the name of the voter in the
15 appropriate parts of the affidavit.
16 (h) The following instructions, prescribed by the election division
17 under IC 3-5-4-8 and produced from the computerized list established
18 under IC 3-7-26.3, shall accompany the affidavit of unsigned ballot in
19 substantially the following form:
20 NOTICE FROM COUNTY ELECTION BOARD
21 REGARDING AN AFFIDAVIT OF UNSIGNED BALLOT FOR
22 ABSENTEE BALLOT
23 Read these instructions carefully before completing the statement.
24 Failure to follow these instructions may cause your ballot to not
25 be counted.
26 (1) We have determined that your signature is missing on your
27 absentee ballot security envelope. To ensure that your absentee
28 ballot will be counted, you must complete and return an
29 affidavit of unsigned ballot.
30 (2) Your affidavit of unsigned ballot must be received by the
31 county election board or board of elections and registration not
32 later than noon, local prevailing time, eight (8) days after the
33 election, with the statement specifying the day on which the
34 eighth day after the election will fall.
35 (3) You must sign your name where specified on the affidavit
36 of unsigned ballot.
37 (4) Place the affidavit of unsigned ballot into a mailing
38 envelope addressed to your county election official. Mail, hand
39 deliver, or have your completed affidavit delivered to the
40 board. Be sure to include sufficient postage if mailed, and
41 include the address of the county election board provided
42 below.
HB 1265—LS 6928/DI 144 25
1 (5) If you do not wish to send your affidavit of unsigned ballot
2 by mail or have it hand delivered, you may submit your
3 completed affidavit by electronic mail or facsimile
4 transmission to the county election board using the following
5 information provided by your county [insert county electronic
6 mail address and facsimile number].
7 (6) Include your name on the affidavit.
8 (i) A ballot may not be removed from the security envelope until the
9 time for processing the ballot.
10 (j) Except where clearly inapplicable under IC 3-11.7, an unsigned
11 absentee ballot security envelope is to be treated as a provisional ballot
12 and is subject to the same confidentiality restrictions under
13 IC 3-11.7-6-3. The affidavit of unsigned ballot and the signature
14 verification statement executed by the voter are confidential under
15 IC 3-11.7-6-3.
16 SECTION 19. IC 3-11.5-4-23, AS AMENDED BY P.L.109-2021,
17 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 23. (a) Not later than noon fifty (50) days before
19 election day, each county election board shall notify the county
20 chairmen of the two (2) political parties that have appointed members
21 on the county election board of the number of:
22 (1) absentee voter boards;
23 (2) teams of absentee ballot counters; and
24 (3) teams of couriers;
25 to be appointed under section 22 of this chapter.
26 (b) The county chairmen shall make written recommendations for
27 the appointments to the county election board not later than forty-six
28 (46) days before election day. The county election board shall make the
29 appointments as recommended.
30 (c) If a county chairman fails to make any recommendations, then
31 the county election board may appoint any voters of the county who
32 comply with section 22 of this chapter.
33 (d) The county election board may permit an individual who is not
34 a voter to serve as an absentee board member, other than a member of
35 a board under IC 3-11-10-25, an absentee ballot counter, or a courier
36 if the individual:
37 (1) satisfies the requirements under IC 3-6-6-39; and
38 (2) is approved by the unanimous vote of the entire membership
39 of the county election board.
40 (e) An individual appointed to serve as an absentee board member,
41 other than the member of a board under IC 3-11-10-25, an absentee
42 ballot counter or a courier under subsection (d), while serving as an
HB 1265—LS 6928/DI 144 26
1 absentee ballot counter or courier:
2 (1) is not required to obtain an employment certificate under
3 IC 22-2-18 (before its expiration on June 30, 2021); and
4 (2) is not subject to the limitations on time and duration of
5 employment under IC 22-2-18 (before its expiration on June 30,
6 2021) or IC 22-2-18.1.
7 (f) The county election board is not required to register as an
8 employer under IC 22-2-18.1.
9 (g) When the county election board makes an appointment
10 under this section and the individual accepts the appointment by
11 swearing the oath of office required under this title, a contract is
12 created between the county election board and the individual in
13 which the county election board retains the services of the
14 appointed individual as an independent contractor.
15 (h) For purposes of Article 2, Section 9 of the Constitution of the
16 State of Indiana, the position of:
17 (1) member of an absentee voter board;
18 (2) member of an absentee ballot counter team; or
19 (3) member of a courier team;
20 is not a lucrative office.
21 SECTION 20. IC 3-13-1-7, AS AMENDED BY P.L.193-2021,
22 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 UPON PASSAGE]: Sec. 7. (a) Except as provided in subsection (b),
24 action to fill a candidate vacancy must be taken:
25 (1) not later than noon July 3 after the primary election if the
26 vacancy exists on a general or municipal election ballot; and
27 (2) within thirty (30) days after the occurrence of the vacancy, if
28 the vacancy exists on a special election ballot, subject to section
29 2 of this chapter.
30 (b) This subsection applies to a candidate vacancy that exists before
31 the thirtieth day before a general, municipal, or special election and
32 that is due to any of the following:
33 (1) The death of a candidate.
34 (2) The withdrawal of a candidate.
35 (3) The disqualification of a candidate under IC 3-8-1-5.
36 (4) A court order issued under IC 3-8-7-29(d).
37 (5) The successful challenge of a candidate nominated by a state,
38 county, or town convention of a political party.
39 (6) The successful challenge of a candidate under IC 3-8-8.
40 (7) The successful challenge of a candidate under sections section
41 16.5 and or 20.5 of this chapter.
42 (8) The successful challenge of a candidate in a judicial
HB 1265—LS 6928/DI 144 27
1 proceeding.
2 Action to fill a candidate vacancy under section 3, 4, 5, or 6 of this
3 chapter for reasons permitted under this subsection must be taken
4 within thirty (30) days after the occurrence of the vacancy.
5 SECTION 21. IC 3-13-1-19 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 19. (a) Subject to
7 IC 3-8-8-7, a person who was defeated in a primary election or in a
8 town or state convention is eligible to be appointed by the political
9 party that the person affiliated with by voting in the most recent
10 primary election held by that party. The person selected may fill any
11 vacancy on the party's ticket as a candidate in any general, municipal,
12 or special election following that primary election or convention in
13 which the vacancy occurred. However,
14 (b) Subject to subsection (c), a person is not disqualified from
15 appointment under this section subsection (a) for not having voted in
16 the most recent primary election if the appointee is certified as a
17 member of that party by the county chairman for the county in which
18 the appointee resides.
19 (c) A person described in subsection (a) may not be appointed
20 to fill a vacancy by a political party that differs from the party with
21 which the person affiliated when the person was defeated in the
22 primary election or in the town or state convention.
23 SECTION 22. IC 3-13-2-1, AS AMENDED BY P.L.227-2023,
24 SECTION 126, IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This chapter applies to
26 the filling of a candidate vacancy of a former candidate for nomination
27 or election to an office at a general, municipal, or special election that
28 occurs after the thirty-first day before a general, municipal, or special
29 election that is due to any of the following:
30 (1) The death of a candidate.
31 (2) The withdrawal of a candidate.
32 (3) The disqualification of a candidate under IC 3-8-1-5.
33 (4) A court order issued under IC 3-8-7-29(d).
34 (5) The successful challenge of a candidate nominated by a
35 state, county, or town convention of a political party.
36 (6) The successful challenge of a candidate under IC 3-8-8.
37 (7) The successful challenge of a candidate under
38 IC 3-13-1-16.5 or IC 3-13-1-20.5.
39 (8) The successful challenge of a candidate in a judicial
40 proceeding.
41 (b) Action to fill a candidate vacancy under this chapter must be
42 taken not later than 6 a.m. on election day.
HB 1265—LS 6928/DI 144 28
1 SECTION 23. IC 3-13-2-10 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Subject to
3 IC 3-8-8-7, a person who was defeated in a primary election or in a
4 town or state convention is eligible to be appointed by the person's own
5 political party to that the person affiliated with by voting in the most
6 recent primary election held by that party. The person selected
7 may fill any vacancy on the party's ticket as a candidate in any general,
8 municipal, or special election following that primary election or
9 convention in which the vacancy occurred.
10 (b) Subject to subsection (c), a person is not disqualified from
11 appointment under subsection (a) for not having voted in the most
12 recent primary election if the appointee is certified as a member of
13 that party by the county chairman for the county in which the
14 appointee resides.
15 (c) A person described in subsection (a) may not be appointed
16 to fill a vacancy by a political party that differs from the party with
17 which the person affiliated when the person was defeated in the
18 primary election or in the town or state convention.
19 SECTION 24. IC 3-14-5-2, AS AMENDED BY P.L.227-2023,
20 SECTION 132, IS AMENDED TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Each precinct election board
22 shall, at the close of the polls, place any affidavit prescribed by
23 IC 3-10-1-9 to challenge the party affiliation of a person wishing to cast
24 a ballot in a primary election in a strong paper bag or envelope and
25 securely seal it. Each member shall endorse that member's name on the
26 back of the bag or envelope.
27 (b) Each precinct election board shall, at the close of the polls, place
28 any affidavit:
29 (1) other than an affidavit described in subsection (a) that is
30 challenging the eligibility of a person who has offered to vote at
31 a primary election; and
32 (2) including the form printed on the face of the provisional
33 ballot envelope described in IC 3-11.7-5-3;
34 in a strong paper bag or envelope and securely seal it. Each member
35 shall endorse that member's name on the back of the bag or envelope.
36 (c) The inspector and judge of the opposite political party shall
37 deliver the sealed bags or envelopes to the county election board. The
38 county election board shall do the following:
39 (1) Remove the affidavits described in subsections (a) and (b)
40 from the bag or envelope and make three (3) copies of each
41 affidavit.
42 (2) Mail a copy of each affidavit to the secretary of state.
HB 1265—LS 6928/DI 144 29
1 (3) Replace the affidavits within the bag or envelope and keep
2 the affidavits secure in accordance with IC 3-10-1-31.1. The
3 affidavits may be removed from the bag or envelope by the
4 county election board during a meeting or hearing when the
5 affidavit is to be reviewed under this title.
6 (4) Reseal the bag or envelope containing the affidavits with the
7 endorsement of the name of each county election board member
8 on the back of the bag or envelope immediately after the county
9 election board determines which provisional ballots can be
10 counted and not counted under IC 3-11.7.
11 (5) Carefully preserve the resealed bag or envelope and deliver it,
12 with the county election board's seal unbroken, to the foreman of
13 the grand jury when next in session. in accordance with
14 IC 3-10-1-31.1.
15 (d) The county election board shall do the following after the
16 conclusion of the period for filing petition for a recount or contest
17 described IC 3-10-1-31.1(b) and IC 3-10-1-31.1(c) during which
18 election materials are required to be sealed by the circuit court
19 clerk:
20 (1) Retain one (1) copy of each affidavit to make available for
21 public inspection and copying under IC 5-14-3.
22 (2) Deliver one (1) copy of each affidavit, sealed in a bag or
23 envelope by the county election board, to the prosecuting
24 attorney of the county.
25 (d) (e) The grand jury shall inquire into the truth or falsity of the
26 affidavits, and the court having jurisdiction over the grand jury shall
27 specially charge the jury as to its duties under this section. The grand
28 jury or prosecuting attorney of the county where the grand jury is
29 sitting may request the original affidavit from the circuit court
30 clerk if the grand jury determines that it is necessary to review the
31 original affidavit during the inquiry.
32 (e) (f) The grand jury shall file a report of the result of its inquiry
33 with:
34 (1) the court; and
35 (2) the NVRA official if a violation of NVRA appears to have
36 occurred.
37 (f) (g) If the original affidavit is delivered to the grand jury or
38 the prosecuting attorney under subsection (e), the prosecuting
39 attorney shall:
40 (1) preserve the affidavits affidavit and envelopes envelope in
41 accordance with IC 3-10-1-31.1; and shall
42 (2) ensure that no person can access a provisional ballot
HB 1265—LS 6928/DI 144 30
1 contained in the envelope that the affidavit described in
2 subsection (b) is printed on; and
3 (3) return the affidavits affidavit and envelopes envelope to the
4 circuit court clerk after the prosecuting attorney has completed
5 any proceeding resulting from the investigation of the affidavits
6 affidavit and envelopes. envelope.
7 SECTION 25. IC 9-14-13-2, AS ADDED BY P.L.198-2016,
8 SECTION 193, IS AMENDED TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The bureau shall not disclose:
10 (1) the Social Security number;
11 (2) the federal identification number;
12 (3) the driver's license number;
13 (4) the digital image of the driver's license, identification card, or
14 photo exempt identification card applicant;
15 (5) a reproduction of the signature secured under IC 9-24-9-1,
16 IC 9-24-16-2, or IC 9-24-16.5-2; or
17 (6) medical or disability information;
18 of any individual except as provided in subsection (b).
19 (b) The bureau may disclose any information listed in subsection
20 (a):
21 (1) to a law enforcement officer;
22 (2) to an agent or a designee of the department of state revenue;
23 (3) for uses permitted under IC 9-14-13-7(1), IC 9-14-13-7(4),
24 IC 9-14-13-7(6), and IC 9-14-13-7(9); or
25 (4) for voter registration and election purposes required under
26 IC 3-7, IC 3-11, or IC 9-24-2.5.
27 SECTION 26. [EFFECTIVE JULY 1, 2024] (a) The amendment
28 to the Constitution of the State of Indiana concerning the line of
29 succession to the governor, agreed to by the One Hundred
30 Twenty-Second General Assembly (P.L.176-2022) and the One
31 Hundred Twenty-Third General Assembly (P.L.253-2023), shall be
32 submitted to the electors of Indiana at the 2024 general election in
33 the manner provided for the submission of constitutional
34 amendments under IC 3.
35 (b) Under Article 16, Section 1 of the Constitution of the State
36 of Indiana, which requires the general assembly to submit
37 constitutional amendments to the electors at the next general
38 election after the general assembly agrees to the amendment
39 referred to it by the last previously elected general assembly, and
40 in accordance with IC 3-10-3, the general assembly prescribes the
41 form in which the public question concerning the ratification of
42 this state constitutional amendment must appear on the 2024
HB 1265—LS 6928/DI 144 31
1 general election ballot as follows:
2	"Public Question #1
3 Shall the Constitution of the State of Indiana be amended to
4 remove the state superintendent of public instruction from the list
5 of officeholders who shall discharge the powers and duties of the
6 governor if the office of the governor and lieutenant governor are
7 both vacant?".
8 SECTION 27. An emergency is declared for this act.
HB 1265—LS 6928/DI 144 32
COMMITTEE REPORT
Mr. Speaker: Your Committee on Elections and Apportionment, to
which was referred House Bill 1265, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 3-5-2-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. "Chute" means the
area or pathway that extends fifty (50) feet in length, radius, measured
from the entrance to:
(1) the polls; or
(2) for purposes of early voting:
(A) the office of the circuit court clerk; or
(B) a satellite office of the circuit court clerk established
under IC 3-11-10-26.3.
If the property line of the polling place or an office described in
subdivision (2) is less than fifty (50) feet from the door or entrance to
the polling place or office, the chute is measured from the exterior door
or entrance to the polling place or office to one-half (1/2) the distance
to the property line of the polling place or office nearest to the entrance
to the polls. Whenever there are two (2) or more doors or entrances to
the polls, the inspector of the precinct shall designate one (1) door or
entrance as the door for voters to enter for the purpose of voting.".
Page 1, between lines 7 and 8, begin a new paragraph and insert:
"SECTION 3. IC 3-5-4-1.7, AS AMENDED BY P.L.227-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1.7. (a) Except as otherwise expressly authorized
or required under this title, a filing by a person with a commission, the
election division, an election board, or a county voter registration office
may not be made by fax or electronic mail.
(b) This subsection does not apply to a petition of nomination
described in IC 3-8-2, IC 3-8-3, or IC 3-8-6 that may be forwarded
by a county voter registration official to the election division.
Notwithstanding subsection (a) and except as provided in
IC 3-12-5, a:
(1) circuit court clerk;
(2) voter registration official; or
(3) county election board;
may make a filing by fax or electronic mail, if the filing is required
under this title to be made with the commission or election division.
(b) (c) A petition of nomination filed with a county voter
HB 1265—LS 6928/DI 144 33
registration office under IC 3-8-2, IC 3-8-2.5, IC 3-8-3, or IC 3-8-6 or
a petition to place a public question on the ballot, or any other petition
filed that requires the county voter registration office to certify the
validity of signatures, may not contain the electronic signature,
including a signature described in IC 26-2-8-106, digital signature,
digitized signature, or photocopied signature of a voter.
(c) (d) An electronic signature, digital signature, digitized signature,
or photocopied signature of a candidate, campaign finance committee
chairman, or campaign finance committee treasurer may be used for
campaign finance statements and reports filed under IC 3-9.".
Page 3, delete lines 6 through 32, begin a new paragraph and insert:
"SECTION 6. IC 3-7-38.2-4, AS AMENDED BY P.L.71-2019,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) As provided under 52 U.S.C.
20507(c)(2)(B)(ii), this chapter does not prevent the correction of voter
registration records under this article.
(b) This subsection applies to a voter registration record The NVRA
official shall, at least once each calendar year, review and identify
voter registration records that does do not contain a date of birth or
contains contain a date of birth that is at least one hundred fifteen
(115) years or more before the date of the request. review.
(c) The election division shall request that the bureau of motor
vehicles provide the election division with any information kept by the
bureau of motor vehicles that sets forth the date of birth of the a voter
identified by the NVRA official. If the election division receives date
of birth information under this subsection, the election division shall
forward the information to the appropriate county voter registration
office.
(d) The NVRA official shall send to the voter registration offices
the names of voters associated with a voter registration record
identified under subsection (b).
(e) The county voter registration office shall:
(1) determine if the information applies to the voter registration
record that does not contain a date of birth or contains a date of
birth that is at least one hundred fifteen (115) years or more
before the date of the request; and
(2) if the information applies, amend the voter registration record
to contain the correct date of birth and document the source of the
information in the computerized list.".
Page 3, line 39, after "or" insert "the copies of the".
Page 6, between lines 2 and 3, begin new paragraph and insert:
"(l) This section does not prohibit county election officials from
HB 1265—LS 6928/DI 144 34
performing a duty under IC 3-11.7.
SECTION 8. IC 3-11-2-12.3, AS ADDED BY P.L.227-2023,
SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12.3. (a) This section does not apply to a
political party office printed on a primary ballot.
(b) A ballot must be arranged so that all candidates for the same
office appear on the same page or screen of the ballot.".
Page 6, line 17, delete "before" and insert "not later than".
Page 6, line 33, reset in roman "11:59 p.m. twelve (12)".
Page 6, line 33, delete "Eleven (11)".
Page 11, line 7, reset in roman "after 11:59 p.m. twelve (12)".
Page 11, line 7, delete "beginning eleven (11)".
Page 11, between lines 36 and 37, begin a new paragraph and insert:
"SECTION 12. IC 3-11-8-15, AS AMENDED BY P.L.227-2023,
SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) Only the following persons are
permitted in the polls during an election:
(1) Members of a precinct election board.
(2) Poll clerks and assistant poll clerks.
(3) Election sheriffs.
(4) Deputy election commissioners.
(5) Pollbook holders and challengers.
(6) Watchers.
(7) Voters for the purposes of voting.
(8) Minor children accompanying voters as provided under
IC 3-11-11-8.
(9) An assistant to a precinct election officer appointed under
IC 3-6-6-39.
(10) An individual authorized to assist a voter in accordance with
IC 3-11-9.
(11) A member of a county election board, acting on behalf of the
board.
(12) A technician authorized to act on behalf of a county election
board to repair a voting system (if the technician bears credentials
signed by each member of the board).
(13) Either of the following who have been issued credentials
signed by the members of the county election board:
(A) The county chairman of a political party.
(B) The county vice chairman of a political party.
However, a county chairman or a county vice chairman who is a
candidate for nomination or election to office at the election may
not enter the polls under this subdivision.
HB 1265—LS 6928/DI 144 35
(14) The secretary of state, as chief election officer of the state,
unless the individual serving as secretary of state is a candidate
for nomination or election to an office at the election.
(15) A person credentialed by the Indiana protection and
advocacy services commission to conduct activities for the
protection and advocacy for voting access program provided
under 52 U.S.C. 21061.
(b) Except for an individual described in subsection (a)(8) or
(a)(10), an individual must be a citizen of the United States to be
permitted in the polls during an election.
(c) The secretary of state may exempt an individual from the
requirement to be a United States citizen.
(d) This subsection applies to a simulated election for minors
conducted with the authorization of the county election board. An
individual participating in the simulated election may be in the polls for
the purpose of voting. A person supervising the simulated election may
be in the polls to perform the supervision.
(e) The inspector of a precinct has authority over all simulated
election activities conducted under subsection (d) and shall ensure that
the simulated election activities do not interfere with the election
conducted in that polling place.
(f) A person described in subsection (a)(15) must carry an
identification card that clearly states the following:
(1) The name of the individual carrying the identification
card.
(2) A statement that the person is credentialed by the Indiana
protection and advocacy services commission to enter the
polling location.
(3) A brief statement that the individual is conducting
activities provided under federal law.".
Page 13, between lines 13 and 14, begin a new paragraph and insert:
"SECTION 15. IC 3-11-18.1-15, AS AMENDED BY P.L.170-2019,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 15. (a) A county may amend a plan adopted with
a county election board's order under section 3 of this chapter.
(b) For a county to amend its plan:
(1) the county election board or board of elections and
registration, by unanimous vote of the entire membership of the
board, must approve the plan amendment;
(2) all members of the board must sign the amendment; and
(3) the amendment must be filed with the election division.
(c) A plan amendment takes effect immediately upon filing with the
HB 1265—LS 6928/DI 144 36
election division, unless otherwise specified by the county election
board.
(d) A plan amendment may be filed with the election division by
fax or electronic mail.".
Page 14, between lines 38 and 39, begin a new paragraph and insert:
"SECTION 17. IC 3-11.5-4-13.5, AS ADDED BY P.L.109-2021,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 13.5. (a) This section applies to an absentee ballot
where there is a finding that the voter's signature on the absentee ballot
security envelope affidavit does not correspond to the signature on the
voter's absentee ballot application or electronic poll book, or any
signature by the voter maintained in the statewide voter registration
system.
(b) If the absentee voter board, the absentee ballot counters, or the
county election board determine that a voter's signature on the absentee
ballot security envelope affidavit does not correspond to:
(1) the voter's signature on the absentee ballot application;
(2) the voter's signature on the electronic poll book; or
(3) any signature of the voter maintained in the statewide voter
registration system;
the absentee ballot security envelope shall not be opened and the ballot
shall not be counted.
(c) The absentee voter board, the absentee ballot counters, or the
county election board shall write the date and cause of the mismatched
signature on the face of the security envelope after completing the
procedures set forth in this section.
(d) The county election board or board of elections and registration
shall send a notice produced from the computerized system established
by IC 3-7-26.3 to the voter of the determination of the absentee voter
board, absentee ballot counters, county election board, or board of
elections and registration that an absentee ballot signature mismatch
has occurred. The county election board shall:
(1) either:
(A) hand deliver the notice; or
(B) mail the notice by first class United States mail;
to the registration address of the voter;
(2) send the notice by electronic mail to the voter if an electronic
mail address for the voter is available; and
(3) call the voter by telephone to provide notice of the signature
mismatch determination, if a telephone number for the voter is
available;
not later than the close of business two (2) business days after the
HB 1265—LS 6928/DI 144 37
signature mismatch determination by the county occurs. If a county
election board is unable to produce the notice from the
computerized list, the county election board may send the notice
provided by the election division.
(e) If:
(1) the county election board does not provide the voter with
the notice described in subsection (d) before the close of
business two (2) business days after the signature mismatch is
determined; and
(2) the voter learns that the notice described in subsection (d)
should have been provided;
the voter or a representative of the voter may request the notice
described in subsection (d) from the county election board or the
election division.
(f) An absentee ballot sealed inside an absentee ballot security
envelope affidavit with a signature mismatch shall be treated as a
provisional ballot under IC 3-11.7. The signature mismatch may be
cured under this section and the absentee ballot counted if the ballot is
otherwise valid.
(f) (g) A voter notified by the county election board or board of
elections and registration under subsection (d) must verify the voter's
signature under this section on:
(1) the absentee ballot security envelope affidavit;
(2) the absentee ballot application or electronic poll book; or
(3) both;
by filing an affidavit with the county election board or board of
elections and registration not later than noon, prevailing local time,
eight (8) days after election day.
(g) (h) The notice under subsection (d) is subject to IC 3-5-4-8 and
must contain the following information:
(1) A statement from the county election board or board of
elections and registration notifying the voter that the county has
determined that a signature mismatch has occurred between the
signature of the voter on the absentee ballot security envelope
affidavit and the voter's signature on the absentee ballot
application or electronic poll book, or any signature made by the
voter on file in the statewide voter registration system.
(2) A statement that the voter's absentee ballot will be rejected
and not counted unless the voter cures the signature mismatch
under this section by filing a signed signature verification
affidavit with the county election board or board of elections and
registration not later than noon, local prevailing time, eight (8)
HB 1265—LS 6928/DI 144 38
days after election day, and specifying the date on which the
eighth day will fall.
(3) A signature line for the voter to print the voter's name and date
and sign the signature verification affidavit.
(4) A statement that the signature verification affidavit must be:
(A) placed into a mailing envelope addressed to the county
election board or board of elections and registration, and either
mailed with sufficient postage or hand delivered to the board;
or
(B) sent to the board by electronic mail or facsimile
transmission.
(5) Information provided by the board setting forth the mailing
address, electronic mail address, or facsimile number of the
board.
(6) The name of the voter.
(h) (i) The signature verification affidavit shall be prescribed by the
election division under IC 3-5-4-8, shall be produced from the
computerized list established under IC 3-7-26.3, must substantially be
in the following form, and may be included on the same page as the
notice and instructions:
SIGNATURE VERIFICATION AFFIDAVIT
I, [voter's name], am a registered voter of [voter's county of
residence] County, State of Indiana. I declare under the penalties
of perjury that I requested and returned an absentee ballot. I am
a resident of the precinct in which I have voted (or I am entitled
to vote in this precinct under Indiana law), and I am the person
whose name appears on the absentee ballot envelope. I understand
that if I commit or attempt any fraud in connection with voting, or
if I aid or abet fraud or attempt to aid or abet fraud in connection
with voting, I may be convicted of a felony punishable by
imprisonment, a fine, or both. I understand that my failure to sign
this statement means my absentee ballot will not be counted.
___________________
Voter's Signature
____________________
Voter's Printed Name
________________________
Voter's Registration Address
If there is a reason why your signature does not match, please
explain here. Examples include age or disability of the voter or
execution of the absentee affidavit by the person holding the
voter's power of attorney or any person assisting a voter under
HB 1265—LS 6928/DI 144 39
IC 3-11-4-2(b) or a member of the voter's immediate household
or power of attorney attesting to the voter's signature on the
absentee by mail return envelope under IC 3-11.5-4-13(c). The
computerized list shall preprint the name of the voter in the
appropriate parts of the affidavit.
(i) (j) The county election board or board of elections and
registration may not reject an absentee ballot with a nonconforming
security envelope signature if each of the following conditions are
satisfied:
(1) The voter delivers:
(A) in person;
(B) by mail;
(C) by facsimile transmission; or
(D) by electronic mail;
a signature verification affidavit signed by the voter and the
county election board or board of elections and registration
receives the affidavit not later than noon, prevailing time, eight
(8) days after election day, or the voter, before the close of the
polls on election day, completes and files a signature verification
affidavit with the inspector or other chief election official of the
precinct or vote center within the county. The inspector or vote
center official shall forward the signature verification statement
to the county election board or board of elections and registration
with the other materials from the precinct. The voter may deliver
a signature verification affidavit signed by the voter to an
absentee voter board at a circuit court clerk's office or
satellite location during the period of early voting described
in IC 3-11-10-26.
(2) Upon receipt of the signature verification statement, the
county election board or county board of elections and
registration shall open the provisional ballot envelope to access
the voter's absentee ballot security envelope to:
(A) compare the signature on the verification statement with
the signature on the affidavit of the ballot envelope; or
(B) if the ballot is for a military or overseas voter who
transmitted the ballot by facsimile or electronic mail, compare
the affidavit found under IC 3-11-4-6(h) and, if applicable, the
signature found in the voter's registration record or the
signature on the absentee ballot application.
(j) (k) If, upon conducting the comparison of signatures, the board
determines that the signatures match and no other challenges have been
made to the ballot, the board shall open the absentee ballot security
HB 1265—LS 6928/DI 144 40
envelope and add the votes cast on the ballot to the tally for the voter's
precinct.
(k) (l) A ballot may not be removed from the security envelope until
the time for processing ballots. If, upon conducting the comparison of
the signatures under this section, the election officials determine that
the signatures are mismatched, the voter's absentee ballot security
envelope may not be opened and the ballot shall not be counted. The
election officials shall write "this ballot has been rejected because of
a mismatched signature" on the face of the security envelope. The
absentee ballot security envelope must be resealed and the status of the
rejected provisional ballot must be made under the "County Election
Board Findings" on the affidavit.
(l) (m) A mismatched absentee ballot security envelope is to be
treated as a provisional ballot and is subject to the same confidentiality
restrictions under IC 3-11.7-6-3.
(m) (n) If the county election board or board of elections and
registration determines that the signatures match, the board shall
provide a copy of the statement to the county voter registration officer
in any county where there is a separate board of registration. The voter
registration officer shall then use the signature in the signature
verification statement, even if returned untimely, to update the voter's
signature in the voter's registration record.
SECTION 18. IC 3-11.5-4-13.6, AS ADDED BY P.L.109-2021,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 13.6. (a) This section applies to an absentee ballot
where there is a finding that the voter's signature on the absentee ballot
security envelope affidavit is missing and therefore does not
correspond to the signature on the voter's absentee ballot application or
electronic poll book.
(b) Section 13.5(c), 13.5(d), 13.5(e), and 13.5(f) 13.5(g) of this
chapter apply to this section.
(c) The county election board or board of elections and registration
shall not reject an absentee ballot with a missing security envelope
signature if either any of the following conditions is are satisfied and
the county election board or board of elections and registration
determines that the unsigned absentee ballot affidavit is truthful and
otherwise in compliance with this section:
(1) The voter delivers:
(A) in person;
(B) by mail;
(C) by facsimile; or
(D) by electronic mail;
HB 1265—LS 6928/DI 144 41
an affidavit of unsigned ballot that is signed by the voter, and the
county election board or board of elections and registration
receives the affidavit not later than noon eight (8) days after
election day.
(2) Before the close of the polls on election day, the voter
completes and files an affidavit of unsigned ballot with the
inspector or other chief election official of the precinct or vote
center within the county. The inspector or vote center official
shall forward the affidavit of unsigned ballot to the county
election board or board of elections and registration with the other
materials from the precinct.
(3) The voter delivers an affidavit of unsigned ballot that is
signed by the voter to an absentee voter board at a circuit
court clerk's office or satellite location during the period of
early voting described in IC 3-11-10-26.
(d) Upon receipt of the affidavit of unsigned ballot, the county
election board or county board of elections and registration shall open
the provisional ballot envelope to access the voter's absentee ballot
security envelope to:
(1) compare the signature on the affidavit of unsigned ballot with
the most recent signature on the voter's registration record in the
statewide voter registration system, or the signature on the
absentee ballot application; or
(2) if the ballot is for a military or overseas voter who transmitted
the ballot by facsimile or electronic mail, compare the affidavit
found under IC 3-11-4-6(h) and, if applicable, the signature found
in the voter's registration record or the signature on the absentee
ballot application.
(e) If, upon conducting the comparison of the signatures, the board
determines that the signatures match and there are no other challenges
that have been made to the ballot, the board shall open the absentee
ballot security envelope and add the votes cast on the ballot to the tally
for the voter's precinct.
(f) If, upon conducting the comparison of the signatures, the board
determines that the signatures are mismatched, the voter's absentee
ballot security envelope shall not be opened and the ballot may not be
counted. The board shall write "this ballot has been rejected because
of a mismatched signature" on the face of the security envelope. The
provisional ballot envelope must be resealed and the status of the
rejected ballot must be set forth under the "County Election Board
Findings" on the affidavit.
(g) The affidavit of unsigned ballot shall be prescribed by the
HB 1265—LS 6928/DI 144 42
election division under IC 3-5-4-8, shall be produced from the
computerized list established under IC 3-7-26.3, must be in
substantially the following form, and may be included on the same
page as the notice and instructions:
AFFIDAVIT OF UNSIGNED BALLOT
I, [voter's name], am a registered voter of [voter's county of
residence] County, State of Indiana. I declare under the penalties
of perjury that I requested and returned an absentee ballot. I am
a resident of the precinct in which I have voted (or I am entitled
to vote in this precinct under Indiana law), and I am the person
whose name appears on the absentee ballot envelope. I understand
that if I commit or attempt any fraud in connection with voting, or
if I aid or abet fraud or attempt to aid or abet fraud in connection
with voting, I may be convicted of a felony punishable by
imprisonment, a fine, or both. I understand that my failure to sign
this statement means that my absentee ballot will not be counted.
___________________
Voter's Signature
____________________
Voter's Printed Name
________________________
Voter's Registration Address
The computerized list shall preprint the name of the voter in the
appropriate parts of the affidavit.
(h) The following instructions, prescribed by the election division
under IC 3-5-4-8 and produced from the computerized list established
under IC 3-7-26.3, shall accompany the affidavit of unsigned ballot in
substantially the following form:
NOTICE FROM COUNTY ELECTION BOARD
REGARDING AN AFFIDAVIT OF UNSIGNED BALLOT FOR
ABSENTEE BALLOT
Read these instructions carefully before completing the statement.
Failure to follow these instructions may cause your ballot to not
be counted.
(1) We have determined that your signature is missing on your
absentee ballot security envelope. To ensure that your absentee
ballot will be counted, you must complete and return an
affidavit of unsigned ballot.
(2) Your affidavit of unsigned ballot must be received by the
county election board or board of elections and registration not
later than noon, local prevailing time, eight (8) days after the
election, with the statement specifying the day on which the
HB 1265—LS 6928/DI 144 43
eighth day after the election will fall.
(3) You must sign your name where specified on the affidavit
of unsigned ballot.
(4) Place the affidavit of unsigned ballot into a mailing
envelope addressed to your county election official. Mail, hand
deliver, or have your completed affidavit delivered to the
board. Be sure to include sufficient postage if mailed, and
include the address of the county election board provided
below.
(5) If you do not wish to send your affidavit of unsigned ballot
by mail or have it hand delivered, you may submit your
completed affidavit by electronic mail or facsimile
transmission to the county election board using the following
information provided by your county [insert county electronic
mail address and facsimile number].
(6) Include your name on the affidavit.
(i) A ballot may not be removed from the security envelope until the
time for processing the ballot.
(j) Except where clearly inapplicable under IC 3-11.7, an unsigned
absentee ballot security envelope is to be treated as a provisional ballot
and is subject to the same confidentiality restrictions under
IC 3-11.7-6-3. The affidavit of unsigned ballot and the signature
verification statement executed by the voter are confidential under
IC 3-11.7-6-3.
SECTION 19. IC 3-11.5-4-23, AS AMENDED BY P.L.109-2021,
SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 23. (a) Not later than noon fifty (50) days before
election day, each county election board shall notify the county
chairmen of the two (2) political parties that have appointed members
on the county election board of the number of:
(1) absentee voter boards;
(2) teams of absentee ballot counters; and
(3) teams of couriers;
to be appointed under section 22 of this chapter.
(b) The county chairmen shall make written recommendations for
the appointments to the county election board not later than forty-six
(46) days before election day. The county election board shall make the
appointments as recommended.
(c) If a county chairman fails to make any recommendations, then
the county election board may appoint any voters of the county who
comply with section 22 of this chapter.
(d) The county election board may permit an individual who is not
HB 1265—LS 6928/DI 144 44
a voter to serve as an absentee board member, other than a member of
a board under IC 3-11-10-25, an absentee ballot counter, or a courier
if the individual:
(1) satisfies the requirements under IC 3-6-6-39; and
(2) is approved by the unanimous vote of the entire membership
of the county election board.
(e) An individual appointed to serve as an absentee board member,
other than the member of a board under IC 3-11-10-25, an absentee
ballot counter or a courier under subsection (d), while serving as an
absentee ballot counter or courier:
(1) is not required to obtain an employment certificate under
IC 22-2-18 (before its expiration on June 30, 2021); and
(2) is not subject to the limitations on time and duration of
employment under IC 22-2-18 (before its expiration on June 30,
2021) or IC 22-2-18.1.
(f) The county election board is not required to register as an
employer under IC 22-2-18.1.
(g) When the county election board makes an appointment
under this section and the individual accepts the appointment by
swearing the oath of office required under this title, a contract is
created between the county election board and the individual in
which the county election board retains the services of the
appointed individual as an independent contractor.
(h) For purposes of Article 2, Section 9 of the Constitution of the
State of Indiana, the position of:
(1) member of an absentee voter board;
(2) member of an absentee ballot counter team; or
(3) member of a courier team;
is not a lucrative office.".
Page 15, line 16, strike "sections" and insert "section".
Page 15, line 17, strike "and" and insert "or".
Page 15, between lines 40 and 41, begin a new paragraph and insert:
"SECTION 22. IC 3-13-2-1, AS AMENDED BY P.L.227-2023,
SECTION 126, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This chapter applies to
the filling of a candidate vacancy of a former candidate for nomination
or election to an office at a general, municipal, or special election that
occurs after the thirty-first day before a general, municipal, or special
election that is due to any of the following:
(1) The death of a candidate.
(2) The withdrawal of a candidate.
(3) The disqualification of a candidate under IC 3-8-1-5.
HB 1265—LS 6928/DI 144 45
(4) A court order issued under IC 3-8-7-29(d).
(5) The successful challenge of a candidate nominated by a
state, county, or town convention of a political party.
(6) The successful challenge of a candidate under IC 3-8-8.
(7) The successful challenge of a candidate under
IC 3-13-1-16.5 or IC 3-13-1-20.5.
(8) The successful challenge of a candidate in a judicial
proceeding.
(b) Action to fill a candidate vacancy under this chapter must be
taken not later than 6 a.m. on election day.".
Page 16, delete lines 17 through 42, begin a new paragraph and
insert:
"SECTION 24. IC 3-14-5-2, AS AMENDED BY P.L.227-2023,
SECTION 132, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Each precinct election board
shall, at the close of the polls, place any affidavit prescribed by
IC 3-10-1-9 to challenge the party affiliation of a person wishing to cast
a ballot in a primary election in a strong paper bag or envelope and
securely seal it. Each member shall endorse that member's name on the
back of the bag or envelope.
(b) Each precinct election board shall, at the close of the polls, place
any affidavit:
(1) other than an affidavit described in subsection (a) that is
challenging the eligibility of a person who has offered to vote at
a primary election; and
(2) including the form printed on the face of the provisional
ballot envelope described in IC 3-11.7-5-3;
in a strong paper bag or envelope and securely seal it. Each member
shall endorse that member's name on the back of the bag or envelope.
(c) The inspector and judge of the opposite political party shall
deliver the sealed bags or envelopes to the county election board. The
county election board shall do the following:
(1) Remove the affidavits described in subsections (a) and (b)
from the bag or envelope and make three (3) copies of each
affidavit.
(2) Mail a copy of each affidavit to the secretary of state.
(3) Replace the affidavits within the bag or envelope and keep
the affidavits secure in accordance with IC 3-10-1-31.1. The
affidavits may be removed from the bag or envelope by the
county election board during a meeting or hearing when the
affidavit is to be reviewed under this title.
(4) Reseal the bag or envelope containing the affidavits with the
HB 1265—LS 6928/DI 144 46
endorsement of the name of each county election board member
on the back of the bag or envelope immediately after the county
election board determines which provisional ballots can be
counted and not counted under IC 3-11.7.
(5) Carefully preserve the resealed bag or envelope and deliver it,
with the county election board's seal unbroken, to the foreman of
the grand jury when next in session. in accordance with
IC 3-10-1-31.1.
(d) The county election board shall do the following after the
conclusion of the period for filing petition for a recount or contest
described IC 3-10-1-31.1(b) and IC 3-10-1-31.1(c) during which
election materials are required to be sealed by the circuit court
clerk:
(1) Retain one (1) copy of each affidavit to make available for
public inspection and copying under IC 5-14-3.
(2) Deliver one (1) copy of each affidavit, sealed in a bag or
envelope by the county election board, to the prosecuting
attorney of the county.
(d) (e) The grand jury shall inquire into the truth or falsity of the
affidavits, and the court having jurisdiction over the grand jury shall
specially charge the jury as to its duties under this section. The grand
jury or prosecuting attorney of the county where the grand jury is
sitting may request the original affidavit from the circuit court
clerk if the grand jury determines that it is necessary to review the
original affidavit during the inquiry.
(e) (f) The grand jury shall file a report of the result of its inquiry
with:
(1) the court; and
(2) the NVRA official if a violation of NVRA appears to have
occurred.
(f) (g) If the original affidavit is delivered to the grand jury or
the prosecuting attorney under subsection (e), the prosecuting
attorney shall:
(1) preserve the affidavits affidavit and envelopes envelope in
accordance with IC 3-10-1-31.1; and shall
(2) ensure that no person can access a provisional ballot
contained in the envelope that the affidavit described in
subsection (b) is printed on; and
(3) return the affidavits affidavit and envelopes envelope to the
circuit court clerk after the prosecuting attorney has completed
any proceeding resulting from the investigation of the affidavits
affidavit and envelopes. envelope.".
HB 1265—LS 6928/DI 144 47
Page 17, delete lines 1 through 13.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1265 as introduced.)
WESCO
Committee Vote: yeas 12, nays 0.
HB 1265—LS 6928/DI 144