Indiana House Bill HB1265 Engrossed / Bill

                    *EH1265.2*
Reprinted
February 28, 2024
ENGROSSED
HOUSE BILL No. 1265
_____
DIGEST OF HB 1265 (Updated February 27, 2024 4:25 pm - DI 149)
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. Defines "candidate" for the
purpose of IC 3-13-11 (caucus procedure for filling vacancies in certain
local offices held by major parties). Modifies the definition of "chute". 
(Continued next page)
Effective:  Upon passage; July 1, 2024.
Wesco
(SENATE SPONSORS — GASKILL, ROGERS)
January 9, 2024, read first time and referred to Committee on Elections and
Apportionment.
January 25, 2024, amended, reported — Do Pass.
January 29, 2024, read second time, ordered engrossed.
January 30, 2024, engrossed. Read third time, passed. Yeas 94, nays 0.
SENATE ACTION
February 5, 2024, read first time and referred to Committee on Elections.
February 20, 2024, amended, reported favorably — Do Pass.
February 27, 2024, read second time, amended, ordered engrossed.
EH 1265—LS 6928/DI 144 Digest Continued
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,
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. 
EH 1265—LS 6928/DI 144EH 1265—LS 6928/DI 144 Reprinted
February 28, 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.
ENGROSSED
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 3-5-2-6 IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) Except as provided in
3 subsection subsections (b) and (c), "candidate" means a person an
4 individual who:
5 (1) has taken the action necessary to qualify under Indiana law for
6 listing on the ballot at an election or to become a write-in
7 candidate;
8 (2) has publicly announced or declared candidacy for an elected
9 office; or
10 (3) otherwise seeks nomination for or election to an elected office,
11 regardless of whether the individual wins election to the office.
12 (b) As used in IC 3-9, an individual becomes a "candidate" when the
13 individual, the candidate's committee, or a person acting with the
14 consent of the individual:
15 (1) receives more than one hundred dollars ($100) in
EH 1265—LS 6928/DI 144 2
1 contributions; or
2 (2) makes more than one hundred dollars ($100) in expenditures.
3 (c) As used in IC 3-13-11, "candidate" refers to an individual
4 filling a general or municipal election ballot vacancy under
5 IC 3-13-11 whose required action of:
6 (1) the individual; or
7 (2) another person under IC 3-13-11;
8 for the individual to be listed on the ballot at the election has been
9 determined by a county or town election board, the Indiana
10 election commission, or a court to be void or invalid.
11 SECTION 2. IC 3-5-2-10 IS AMENDED TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2024]: Sec. 10. "Chute" means the area or
13 pathway that extends fifty (50) feet in length, radius, measured from
14 the entrance to:
15 (1) the polls; or
16 (2) for purposes of early voting:
17 (A) the office of the circuit court clerk; or
18 (B) a satellite office of the circuit court clerk established
19 under IC 3-11-10-26.3.
20 If the property line of the polling place or an office described in
21 subdivision (2) is less than fifty (50) feet from the door or entrance to
22 the polling place or office, the chute is measured from the exterior door
23 or entrance to the polling place or office to one-half (1/2) the distance
24 to the property line of the polling place or office nearest to the entrance
25 to the polls. Whenever there are two (2) or more doors or entrances to
26 the polls, the inspector of the precinct shall designate one (1) door or
27 entrance as the door for voters to enter for the purpose of voting.
28 SECTION 3. IC 3-5-2-43.5 IS ADDED TO THE INDIANA CODE
29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
30 UPON PASSAGE]: Sec. 43.5. "Scantron" means an optical scan
31 ballot that consists of an optical scan card that contains:
32 (1) the names of; or
33 (2) coding that indicates the names of;
34 political parties and candidates selected by the voter.
35 SECTION 4. IC 3-5-4-1.7, AS AMENDED BY P.L.227-2023,
36 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 1.7. (a) Except as otherwise expressly authorized
38 or required under this title, a filing by a person with a commission, the
39 election division, an election board, or a county voter registration office
40 may not be made by fax or electronic mail.
41 (b) This subsection does not apply to a petition of nomination
42 described in IC 3-8-2, IC 3-8-3, or IC 3-8-6 that may be forwarded
EH 1265—LS 6928/DI 144 3
1 by a county voter registration official to the election division.
2 Notwithstanding subsection (a) and except as provided in
3 IC 3-12-5, a:
4 (1) circuit court clerk;
5 (2) voter registration official; or
6 (3) county election board;
7 may make a filing by fax or electronic mail, if the filing is required
8 under this title to be made with the commission or election division.
9 (b) (c) A petition of nomination filed with a county voter
10 registration office under IC 3-8-2, IC 3-8-2.5, IC 3-8-3, or IC 3-8-6 or
11 a petition to place a public question on the ballot, or any other petition
12 filed that requires the county voter registration office to certify the
13 validity of signatures, may not contain the electronic signature,
14 including a signature described in IC 26-2-8-106, digital signature,
15 digitized signature, or photocopied signature of a voter.
16 (c) (d) An electronic signature, digital signature, digitized signature,
17 or photocopied signature of a candidate, campaign finance committee
18 chairman, or campaign finance committee treasurer may be used for
19 campaign finance statements and reports filed under IC 3-9.
20 SECTION 5. IC 3-6-5-17.3 IS ADDED TO THE INDIANA CODE
21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
22 1, 2024]: Sec. 17.3. The county election board of a county that is not
23 designated as a vote center county under IC 3-11-18.1 must
24 establish a plan that specifies the method and timing of providing
25 absentee reports to persons who are entitled to receive the reports
26 under this title. Absentee reports must be provided to all persons
27 entitled to the reports without unreasonable delay.
28 SECTION 6. IC 3-7-27-6, AS AMENDED BY P.L.128-2015,
29 SECTION 106, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) As required under 52
31 U.S.C. 20507(i), a county voter registration office shall retain records
32 concerning the implementation of programs and activities conducted
33 for the purpose of ensuring the accuracy and currency of the voter
34 registration list. These records include the following:
35 (1) Lists of names and addresses of voters who were sent notices
36 under the voter list maintenance program.
37 (2) Information concerning whether a voter has responded to a
38 notice described by subdivision (1) as of the date the inspection
39 of the record is made.
40 (b) The county voter registration office shall retain the records
41 described by this section for at least two (2) years. Except for records
42 concerning declinations to register to vote or that indicate the identity
EH 1265—LS 6928/DI 144 4
1 of a voter registration agency where a person registered, the county
2 voter registration office shall make the records available for public
3 inspection and photocopying at a reasonable cost as provided in
4 IC 5-14-3.
5 (c) In accordance with IC 5-14-3-3(h) and notwithstanding any other
6 statute, a county voter registration office shall, with regard to voter
7 registration information concerning voters of the county on a
8 computerized system, act in accordance with a nondiscriminatory
9 uniform policy adopted by the county election board. The policy must:
10 (1) apply to all records maintained in the computerized list,
11 including election administration records and absentee
12 activity reports; and
13 (2) either:
14 (A) permit a person to duplicate or obtain a duplicate copy of
15 a computer disc or other similar record system that contains
16 this voter registration information; or
17 (B) not permit the person to duplicate or obtain a duplicate
18 copy of the information.
19 Notwithstanding IC 5-14-3-8, the county election board may adopt a
20 nondiscriminatory uniform fee for the production of this electronic
21 record.
22 (d) A person who requests computerized voter registration
23 information under subsection (c) must provide a written statement that
24 the person will not:
25 (1) use the information to solicit merchandise, goods, services, or
26 subscriptions; or
27 (2) sell, loan, give away, or otherwise deliver the information
28 obtained by the request to any other person;
29 for a purpose other than political activities or political fundraising
30 activities.
31 (e) Publication of information obtained under subsection (d) in a
32 news broadcast or newspaper is not prohibited.
33 SECTION 7. IC 3-7-38.2-4, AS AMENDED BY P.L.71-2019,
34 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 4. (a) As provided under 52 U.S.C.
36 20507(c)(2)(B)(ii), this chapter does not prevent the correction of voter
37 registration records under this article.
38 (b) This subsection applies to a voter registration record The NVRA
39 official shall, at least once each calendar year, review and identify
40 voter registration records that does do not contain a date of birth or
41 contains contain a date of birth that is at least one hundred fifteen
42 (115) years or more before the date of the request. review.
EH 1265—LS 6928/DI 144 5
1 (c) The election division shall request that the bureau of motor
2 vehicles provide the election division with any information kept by the
3 bureau of motor vehicles that sets forth the date of birth of the a voter
4 identified by the NVRA official. If the election division receives date
5 of birth information under this subsection, the election division shall
6 forward the information to the appropriate county voter registration
7 office.
8 (d) The NVRA official shall send to the voter registration offices
9 the names of voters associated with a voter registration record
10 identified under subsection (b).
11 (e) The county voter registration office shall:
12 (1) determine if the information applies to the voter registration
13 record that does not contain a date of birth or contains a date of
14 birth that is at least one hundred fifteen (115) years or more
15 before the date of the request; and
16 (2) if the information applies, amend the voter registration record
17 to contain the correct date of birth and document the source of the
18 information in the computerized list.
19 SECTION 8. IC 3-10-1-31.1, AS AMENDED BY P.L.131-2022,
20 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2024]: Sec. 31.1. (a) The inspector of each precinct shall
22 deliver the bags required by section 30(a) and 30(c) of this chapter in
23 good condition, together with poll lists, tally sheets, and other forms,
24 to the circuit court clerk when making returns.
25 (b) Except for unused ballots disposed of under IC 3-11-3-31 or the
26 copies of the affidavits received by the county election board under
27 IC 3-14-5-2 for delivery to the foreman of a grand jury, prosecuting
28 attorney, the circuit court clerk shall seal the ballots (including
29 provisional ballots) and other material (including election material
30 related to provisional ballots) during the time allowed to file a verified
31 petition or cross-petition for a recount of votes or to contest the
32 election. Except as provided in subsection (c) and notwithstanding any
33 other provision of state law, after the recount or contest filing period,
34 the election material, including election material related to provisional
35 ballots (except for ballots and provisional ballots, which remain
36 confidential) shall be made available for copying and inspection under
37 IC 5-14-3. The circuit court clerk shall carefully preserve the sealed
38 ballots and other material for twenty-two (22) months, as required by
39 52 U.S.C. 20701, after which the sealed ballots and other material are
40 subject to IC 5-15-6 unless an order issued under:
41 (1) IC 3-12-6-19 or IC 3-12-11-16; or
42 (2) 52 U.S.C. 10301;
EH 1265—LS 6928/DI 144 6
1 requires the continued preservation of the ballots or other material.
2 (c) If a petition for a recount or contest is filed, the material for that
3 election remains confidential until completion of the recount or contest.
4 (d) Upon delivery of the poll lists, the county voter registration
5 office shall unseal the envelopes containing the poll lists, inspect the
6 poll lists, and update the registration records of the county. The county
7 voter registration office shall use the poll lists and information on
8 affidavits executed under IC 3-10-10, IC 3-10-11, or IC 3-10-12 to
9 update the registration record to include the voter's voter identification
10 number if the voter's voter identification number is not already
11 included in the registration record. Upon completion of the inspection,
12 the poll list and affidavits shall be preserved with the ballots and other
13 materials in the manner prescribed by subsection (b) for the period
14 prescribed by subsections (b) and (c).
15 (e) In addition to the poll lists described in subsection (d), the
16 county voter registration office shall use the affidavits described by
17 IC 3-10-10-7, IC 3-10-11-4, and IC 3-10-12-3.4 to update the
18 registration records of the county as soon as the affidavits are delivered
19 to the county voter registration office.
20 (f) The county voter registration office shall retain a voter's paper
21 registration records associated with the address at which the voter is
22 registered to vote until all of the following are satisfied:
23 (1) The voter's registration at the address stated in the voter's
24 registration application has been canceled.
25 (2) The general election immediately following the cancellation
26 of the voter's registration under subdivision (1) has occurred.
27 (3) Twenty-four (24) months have elapsed following the general
28 election described in subdivision (2).
29 (g) This subsection does not apply to ballots, including provisional
30 ballots. Notwithstanding subsection (b), if a county voter registration
31 office determines that the inspection and copying of precinct election
32 material would reveal the political parties, candidates, and public
33 questions for which an individual cast an absentee ballot, the county
34 voter registration office shall keep confidential only that part of the
35 election material necessary to protect the secrecy of the voter's ballot.
36 In addition, the county voter registration office shall keep confidential
37 information contained in material related to provisional ballots that
38 identifies an individual, except for the individual's name, address, and
39 birth date.
40 (h) After the expiration of the period described in subsection (b) or
41 (c), the ballots may be destroyed in the manner provided by
42 IC 3-11-3-31 or transferred to a state educational institution as
EH 1265—LS 6928/DI 144 7
1 provided by IC 3-12-2-12.
2 (i) This subsection applies to a detachable recording unit or
3 compartment used to record a ballot cast on a direct record electronic
4 voting system. After the time allowed to file a verified petition or
5 cross-petition for a recount of votes or to contest the election, the
6 circuit court clerk shall transfer the data contained in the unit or
7 compartment to a disc or other recording medium. After transferring
8 the data, the clerk may clear or erase the unit or compartment. The
9 circuit court clerk shall carefully preserve the disc or medium used to
10 record the data for twenty-two (22) months, as required by 52 U.S.C.
11 20701, after which time the disc or medium may be erased or
12 destroyed, subject to IC 5-15-6, unless an order requiring the continued
13 preservation of the disc or medium is issued under the following:
14 (1) IC 3-12-6-19.
15 (2) IC 3-12-11-16.
16 (3) 52 U.S.C. 10301.
17 (j) This subsection applies to a county using an electronic poll book.
18 After each election, the county shall save all data recorded on the
19 electronic poll book and any information stored on the dedicated,
20 private server required under IC 3-11-8-10.3(b)(4). The circuit court
21 clerk shall carefully preserve the disc or medium used to record the
22 data for twenty-two (22) months, as required by 52 U.S.C. 20701, after
23 which time the data may be erased or destroyed, subject to IC 5-15-6,
24 unless an order requiring the continued preservation of the data is
25 issued under the following:
26 (1) IC 3-12-6-19.
27 (2) IC 3-12-11-16.
28 (3) 52 U.S.C. 10301.
29 (k) This section does not prohibit county election officials from
30 performing post-election audits, as authorized by statute.
31 (l) This section does not prohibit county election officials from
32 performing a duty under IC 3-11.7.
33 SECTION 9. IC 3-11-2-12.3, AS ADDED BY P.L.227-2023,
34 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 UPON PASSAGE]: Sec. 12.3. (a) This section does not apply to a
36 political party office printed on a primary ballot.
37 (b) A ballot must be arranged so that all candidates for the same
38 office appear on the same page or screen of the ballot.
39 SECTION 10. IC 3-11-4-3, AS AMENDED BY P.L.170-2023,
40 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 UPON PASSAGE]: Sec. 3. (a) For purposes of this section, "clerk"
42 means:
EH 1265—LS 6928/DI 144 8
1 (1) the circuit court clerk; or
2 (2) in a county subject to IC 3-6-5.2 or IC 3-6-5.6, the director
3 of the board of elections and registration.
4 (a) (b) Except as provided in subsection (c) (e) and section 6 of this
5 chapter, an absentee ballot application for an absentee ballot must be
6 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
7 or IC 3-6-5.6, the director of the board of elections and registration) not
8 earlier than the date the registration period resumes under
9 IC 3-7-13-10. nor later than
10 (c) An absentee ballot application must be received by the clerk
11 not later than the following:
12 (1) Noon on election day if the voter registers to vote under
13 IC 3-7-36-14.
14 (2) Noon on the day before election day if the voter:
15 (A) completes the application in the office of the circuit court
16 clerk under IC 3-11-10-26; or
17 (B) is an absent uniformed services voter or overseas voter
18 who requests that the ballot be transmitted by electronic mail
19 or fax under section 6(h) of this chapter.
20 (3) Noon on the day before election day if:
21 (A) the application is mailed, transmitted by electronic mail or
22 fax, or hand delivered from a confined voter or voter caring for
23 a confined person; and
24 (B) the applicant requests that the absentee ballots be
25 delivered to the applicant by an absentee voter board under
26 IC 3-11-10-25.
27 (4) 11:59 p.m. twelve (12) days before election day if the
28 application is:
29 (A) a mailed application;
30 (B) transmitted by electronic mail;
31 (C) transmitted by fax; or
32 (D) hand delivered;
33 from other voters who request to vote by mail under
34 IC 3-11-10-24 or for a voter with print disabilities to vote by
35 electronic mail or fax under section 6(h) of this chapter.
36 (b) (d) An application for an absentee ballot received by the election
37 division by the time and date specified by subsection (a)(2)(B), (a)(3),
38 (c)(2)(B), (c)(3), or (a)(4) (c)(4) is considered to have been timely
39 received for purposes of processing by the county. The election
40 division shall immediately transmit the application to the circuit court
41 clerk or the director of the board of elections and registration, of the
42 county where the applicant resides. The election division is not
EH 1265—LS 6928/DI 144 9
1 required to complete or file the affidavit required under section 2(m)
2 of this chapter whenever the election division transmits an application
3 under this subsection.
4 (c) (e) If the circuit court clerk receives an absentee ballot
5 application for a voter that is not registered to vote in the county where
6 the clerk serves, the clerk shall forward the application, on an
7 expedited basis, to the circuit court clerk of the county where the voter
8 is registered to vote. The circuit court clerk that receives the
9 application on an expedited basis shall consider the application as filed
10 on the date and time it was filed with the clerk that forwarded the
11 application.
12 (d) (f) An application for an absentee ballot for the election may not
13 be received by the circuit court clerk (or, in a county subject to
14 IC 3-6-5.2 or IC 3-6-5.6, the director of the board of elections and
15 registration) earlier than before December 1 of the year before the
16 election.
17 SECTION 11. IC 3-11-4-6, AS AMENDED BY P.L.227-2023,
18 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 UPON PASSAGE]: Sec. 6. (a) This section applies, notwithstanding
20 any other provision of this title, to absentee ballot applications for the
21 following:
22 (1) An absent uniformed services voter.
23 (2) An address confidentiality program participant (as defined in
24 IC 5-26.5-1-6).
25 (3) An overseas voter.
26 (4) A voter with print disabilities.
27 (b) A county election board shall make blank absentee ballot
28 applications available for persons covered by this section. Except as
29 provided in section 3(d) 3(f) of this chapter, a person may apply for an
30 absentee ballot at any time after the registration period resumes under
31 IC 3-7-13-10.
32 (c) A person covered by this section may apply for an absentee
33 ballot for the next scheduled primary, general, or special election by
34 filing either of the following:
35 (1) A combined absentee registration form and absentee ballot
36 request approved under 52 U.S.C. 20301(b)(2).
37 (2) A form prescribed under IC 3-5-4-8 that identifies the
38 applicant as an absent uniformed services voter, an overseas
39 voter, or a voter with print disabilities. A form prescribed under
40 this subdivision must permit the applicant to designate whether
41 the applicant wishes to receive the absentee ballot by electronic
42 mail, fax, or United States mail.
EH 1265—LS 6928/DI 144 10
1 (d) If the county election board receives an absentee ballot
2 application from a person described by subsection (c), the circuit court
3 clerk shall mail to the person, free of postage as provided by 39 U.S.C.
4 3406, all ballots for the election immediately upon receipt of the ballots
5 under section 15 of this chapter, unless the person has indicated under
6 subsection (c) that the person wishes to receive the absentee ballot by
7 electronic mail or fax.
8 (e) Whenever a voter files an application for an absentee ballot and
9 indicates on the application that the voter is an absent uniformed
10 services voter, an overseas voter, or a voter with print disabilities, the
11 application is an adequate application for an absentee ballot for an
12 election conducted during the period that ends on December 31
13 following the date the application is filed, unless an absentee ballot
14 mailed to the voter at the address set forth in the application is returned
15 to the county election board during that period as undeliverable. The
16 circuit court clerk and county election board shall process this
17 application and send general election absentee ballots to the voter in
18 the same manner as other general election and special election absentee
19 ballot applications and ballots are processed and sent under this
20 chapter. If a voter entitled to receive an absentee ballot under this
21 subsection subsequently files a voter registration application for a
22 change of address within the same county or for a change of name or
23 other information set forth in the voter's registration record, the
24 previously approved absentee ballot application remains effective for
25 the same period, unless the acknowledgment notice sent to the voter at
26 that address is returned by the United States Postal Service due to an
27 unknown or insufficient address in accordance with IC 3-7-33-5. If a
28 voter entitled to receive an absentee ballot under this subsection
29 subsequently files a voter registration application for an address that is
30 not located in the same county, the voter must file a new absentee
31 ballot application under this section with the appropriate county
32 election board.
33 (f) Whenever a voter described in subsection (a)(2) files an
34 application for a primary election absentee ballot and indicates on the
35 application that the voter is an address confidentiality program
36 participant, the application is an adequate application for a general
37 election absentee ballot under this chapter and an absentee ballot for a
38 special election conducted during the period that ends on December 31
39 following the date the application is filed. The circuit court clerk and
40 county election board shall process this application and send general
41 election and special election absentee ballots to the voter in the same
42 manner as other general election and special election absentee ballot
EH 1265—LS 6928/DI 144 11
1 applications and ballots are processed and sent under this chapter.
2 (g) The name, address, telephone number, and any other identifying
3 information relating to a program participant (as defined in
4 IC 5-26.5-1-6) in the address confidentiality program, as contained in
5 a voting registration record, is declared confidential for purposes of
6 IC 5-14-3-4(a)(1). The county voter registration office may not disclose
7 for public inspection or copying a name, an address, a telephone
8 number, or any other information described in this subsection, as
9 contained in a voting registration record, except as follows:
10 (1) To a law enforcement agency, upon request.
11 (2) As directed by a court order.
12 (h) The county election board shall by fax or electronic mail
13 transmit an absentee ballot to and receive an absentee ballot from an
14 absent uniformed services voter, an overseas voter, or a voter with print
15 disabilities by electronic mail or fax at the request of the voter
16 indicated in the application filed under this section. If the voter wants
17 to submit absentee ballots by fax or electronic mail, the voter must
18 separately sign and date a statement submitted with the electronic mail
19 or the fax transmission that states substantively the following: "I
20 understand that by faxing or e-mailing my voted ballot I am voluntarily
21 waiving my right to a secret ballot.".
22 (i) The county election board shall send confirmation to a voter
23 described in subsection (h) that the voter's absentee ballot has been
24 received as follows:
25 (1) If the voter provides a fax number to which a confirmation
26 may be sent, the county election board shall send the confirmation
27 to the voter at the fax number provided by the voter.
28 (2) If the voter provides an electronic mail address to which a
29 confirmation may be sent, the county election board shall send the
30 confirmation to the voter at the electronic mail address provided
31 by the voter.
32 (3) If:
33 (A) the voter does not provide a fax number or an electronic
34 mail address; or
35 (B) the number or address provided does not permit the board
36 to send the confirmation not later than the end of the first
37 business day after the board receives the voter's absentee
38 ballot;
39 the county election board shall send the confirmation by United
40 States mail.
41 The county election board shall send the confirmation required by this
42 subsection not later than the end of the first business day after the
EH 1265—LS 6928/DI 144 12
1 county election board receives the voter's absentee ballot.
2 (j) Upon approval of the voter's absentee ballot application, a county
3 election board shall transmit an absentee ballot to an absent uniformed
4 services voter or an overseas voter by electronic mail under a program
5 authorized and administered by the Federal Voting Assistance Program
6 of the United States Department of Defense or directly to the voter at
7 the voter's electronic mail address, if requested to do so by the voter. A
8 voter described by this section may transmit the voted absentee ballot
9 to a county election board by electronic mail. If a voter described in
10 this section transmits the voted absentee ballot through the United
11 States Department of Defense program, the ballot must be transmitted
12 in accordance with the procedures established under that program. An
13 electronic mail message transmitting a voted absentee ballot under this
14 subsection must include a digital image of the voter's signature on the
15 statement required under subsection (h).
16 (k) The secretary of state, with the approval of the election division,
17 shall develop a system that complies with the Web Content Guidelines.
18 SECTION 12. IC 3-11-4-17.6, AS ADDED BY P.L.140-2023,
19 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 UPON PASSAGE]: Sec. 17.6. (a) For purposes of this section, "clerk"
21 means:
22 (1) the circuit court clerk; or
23 (2) in a county subject to IC 3-6-5.2 or IC 3-6-5.6, the director of
24 the board of elections and registration.
25 (b) This subsection applies to an application to receive an absentee
26 ballot by mail under IC 3-11-10-24 that is received by the clerk more
27 than twelve (12) or more days before election day. If the clerk
28 determines that the application does not fully comply with the
29 requirements of this title, the clerk shall transmit the following to the
30 applicant:
31 (1) An application for an absentee ballot.
32 (2) A written notice prescribed by the election division under
33 IC 3-5-4-8 that includes:
34 (A) a brief explanation of each defect in the noncompliant
35 application;
36 (B) a statement informing the voter that the voter is not
37 entitled to vote before election day by absentee ballot unless
38 the application complies with all legal requirements; and
39 (C) instructions for submitting a second application for an
40 absentee ballot.
41 (c) This subsection applies to an application to receive an absentee
42 ballot by mail under IC 3-11-10-24 that is received by the clerk:
EH 1265—LS 6928/DI 144 13
1 (1) after 11:59 p.m. twelve (12) days before election day; and
2 (2) before noon on the day before election day.
3 If the clerk determines that the application does not fully comply with
4 the requirements of this title, the clerk shall transmit to the applicant a
5 written notice that includes the information described by subsection
6 (b)(2)(A) through (b)(2)(B). If applicable, the notice must also include
7 a statement that the application was late.
8 (d) This subsection applies to a voter who submits a defective
9 application to receive an absentee ballot that is received by the clerk
10 before the deadline for receipt of absentee ballots under section 3 of
11 this chapter. Notwithstanding the requirement under IC 3-11-10-25(e)
12 for prior unanimous approval by the county election board, the clerk
13 may:
14 (1) deliver a second absentee application in person to a voter
15 described by this subsection;
16 (2) approve the second absentee application if the clerk
17 determines that each defect in the first absentee application has
18 been corrected; and
19 (3) if accompanied by an absentee voter board, provide the
20 absentee ballot to the voter.
21 (e) After receiving the ballot under subsection (d), the voter may
22 return the voted absentee ballot:
23 (1) in person to the absentee voter board; or
24 (2) to the county election board;
25 before the deadline for receipt of absentee ballots under
26 IC 3-11.5-4-10.
27 (f) If a clerk uses the procedure described in subsection (d), the
28 procedure must be applied uniformly to all applications covered by
29 subsection (d).
30 SECTION 13. IC 3-11-8-15, AS AMENDED BY P.L.227-2023,
31 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 UPON PASSAGE]: Sec. 15. (a) Only the following persons are
33 permitted in the polls during an election:
34 (1) Members of a precinct election board.
35 (2) Poll clerks and assistant poll clerks.
36 (3) Election sheriffs.
37 (4) Deputy election commissioners.
38 (5) Pollbook holders and challengers.
39 (6) Watchers.
40 (7) Voters for the purposes of voting.
41 (8) Minor children accompanying voters as provided under
42 IC 3-11-11-8.
EH 1265—LS 6928/DI 144 14
1 (9) An assistant to a precinct election officer appointed under
2 IC 3-6-6-39.
3 (10) An individual authorized to assist a voter in accordance with
4 IC 3-11-9.
5 (11) A member of a county election board, acting on behalf of the
6 board.
7 (12) A technician authorized to act on behalf of a county election
8 board to repair a voting system (if the technician bears credentials
9 signed by each member of the board).
10 (13) Either of the following who have been issued credentials
11 signed by the members of the county election board:
12 (A) The county chairman of a political party.
13 (B) The county vice chairman of a political party.
14 However, a county chairman or a county vice chairman who is a
15 candidate for nomination or election to office at the election may
16 not enter the polls under this subdivision.
17 (14) The secretary of state, as chief election officer of the state,
18 unless the individual serving as secretary of state is a candidate
19 for nomination or election to an office at the election.
20 (15) A person credentialed by the Indiana protection and
21 advocacy services commission to conduct activities for the
22 protection and advocacy for voting access program provided
23 under 52 U.S.C. 21061.
24 (b) Except for an individual described in subsection (a)(8) or
25 (a)(10), an individual must be a citizen of the United States to be
26 permitted in the polls during an election.
27 (c) The secretary of state may exempt an individual from the
28 requirement to be a United States citizen.
29 (d) This subsection applies to a simulated election for minors
30 conducted with the authorization of the county election board. An
31 individual participating in the simulated election may be in the polls for
32 the purpose of voting. A person supervising the simulated election may
33 be in the polls to perform the supervision.
34 (e) The inspector of a precinct has authority over all simulated
35 election activities conducted under subsection (d) and shall ensure that
36 the simulated election activities do not interfere with the election
37 conducted in that polling place.
38 (f) A person described in subsection (a)(15) must carry an
39 identification card that clearly states the following:
40 (1) The name of the individual carrying the identification
41 card.
42 (2) A statement that the person is credentialed by the Indiana
EH 1265—LS 6928/DI 144 15
1 protection and advocacy services commission to enter the
2 polling location.
3 (3) A brief statement that the individual is conducting
4 activities provided under federal law.
5 SECTION 14. IC 3-11-10-26.3, AS AMENDED BY P.L.169-2015,
6 SECTION 123, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2024]: Sec. 26.3. (a) A county election board
8 may adopt a resolution to authorize the circuit court clerk to establish
9 satellite offices in the county where voters may cast absentee ballots
10 before an absentee voter board.
11 (b) To be adopted under this section, a resolution must be adopted
12 by the unanimous vote of the board's entire membership.
13 (c) A resolution adopted under this section must do the following:
14 (1) State the locations of the satellite offices.
15 (2) State the hours at which absentee voting may occur at the
16 satellite offices.
17 (d) The resolution may contain other provisions the board considers
18 useful.
19 (e) If a resolution is adopted under this section for a primary
20 election, the following apply:
21 (1) Except as provided in subdivision (2), the locations of the
22 satellite offices and the hours at which absentee voting may occur
23 at the satellite offices established for the primary election must be
24 used for the subsequent general or municipal election.
25 (2) The board may, by unanimous vote of the board's entire
26 membership, amend the resolution to modify, for the
27 subsequent general or municipal election:
28 (A) the locations of the satellite offices; and
29 (B) the hours at which absentee voting may occur at the
30 satellite offices.
31 A board in a county designated as a vote center county under
32 IC 3-11-18.1 that amends a resolution under subdivision (2) shall
33 also amend its plan under IC 3-11-18.1-15 to conform to the
34 amendment.
35 (f) If a resolution is adopted under this section, the procedure for
36 casting an absentee ballot at a satellite office must, except as provided
37 in this section, be substantially the same as the procedure for casting an
38 absentee ballot in the office of the circuit court clerk under section 26
39 of this chapter.
40 (g) A voter casting an absentee ballot under this section is entitled
41 to cast the voter's ballot in accordance with IC 3-11-9.
42 (h) A satellite office established by a circuit court clerk under this
EH 1265—LS 6928/DI 144 16
1 section must comply with the polling place accessibility requirements
2 of IC 3-11-8.
3 (i) A resolution adopted under this section expires January 1 of the
4 year immediately after the year in which the resolution is adopted.
5 SECTION 15. IC 3-11-10-29, AS AMENDED BY P.L.109-2021,
6 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 UPON PASSAGE]: Sec. 29. (a) The envelope required by section 28
8 of this chapter must bear upon its face a printed affidavit containing the
9 voter's affirmation under penalties of perjury that the following
10 information is true:
11 The voter must indicate the voter's precinct and township (or ward
12 and city or town) and indicate whether the voter is entitled to vote
13 as a resident of the precinct or is entitled to vote under IC 3-10-11
14 or IC 3-10-12.
15 (b) The voter must sign and date the affidavit. and After the voter
16 has signed and dated the affidavit, the absentee voter board members
17 each must sign the affidavit and print the member's name.
18 (c) The absentee voter board must indicate on the affidavit if:
19 (1) the board visited the voter in the manner authorized under
20 section 25(b) of this chapter; and
21 (2) the voter was a voter with disabilities who was unable to make
22 a voting mark on the ballot or sign the absentee ballot secrecy
23 envelope under section 24(d) of this chapter.
24 SECTION 16. IC 3-11-18.1-15, AS AMENDED BY P.L.170-2019,
25 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 15. (a) A county may amend a plan adopted with
27 a county election board's order under section 3 of this chapter.
28 (b) For a county to amend its plan:
29 (1) the county election board or board of elections and
30 registration, by unanimous vote of the entire membership of the
31 board, must approve the plan amendment;
32 (2) all members of the board must sign the amendment; and
33 (3) the amendment must be filed with the election division.
34 (c) A plan amendment takes effect immediately upon filing with the
35 election division, unless otherwise specified by the county election
36 board.
37 (d) A plan amendment may be filed with the election division by
38 fax or electronic mail.
39 SECTION 17. IC 3-11.5-4-13, AS AMENDED BY P.L.227-2023,
40 SECTION 116, IS AMENDED TO READ AS FOLLOWS
41 [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) If the absentee ballot
42 counters find under section 11 of this chapter that any of the following
EH 1265—LS 6928/DI 144 17
1 applies, the ballots shall be rejected:
2 (1) The affidavit is insufficient or that the ballot has not been
3 endorsed with the initials of:
4 (A) the two (2) members of the absentee voter board in the
5 office of the clerk of the circuit court under IC 3-11-4-19 or
6 IC 3-11-10-27;
7 (B) the two (2) members of the absentee voter board visiting
8 the voter under IC 3-11-10-25; or
9 (C) the two (2) appointed members of the county election
10 board or their designated representatives under IC 3-11-4-19.
11 A scantron complies with the endorsement requirement under
12 this subdivision if the scantron is endorsed with the initials of
13 two (2) members under clause (A), (B), or (C).
14 (2) The signatures do not correspond or there is no signature, and
15 the signature mismatch or missing signature is not cured by the
16 deadline established under section 13.5 or 13.6 of this chapter.
17 (3) The absentee voter is not a qualified voter in the precinct.
18 (4) The absentee voter has voted in person at the election.
19 (5) The absentee voter has not registered.
20 (6) The ballot is open or has been opened and resealed. This
21 subdivision does not permit an absentee ballot transmitted by fax
22 or electronic mail under IC 3-11-4-6 to be rejected because the
23 ballot was sealed in the absentee ballot envelope by the individual
24 designated by the circuit court to receive absentee ballots
25 transmitted by fax or electronic mail.
26 (7) The ballot envelope contains more than one (1) ballot of any
27 kind for the same office or public question.
28 (8) In case of a primary election, if the absentee voter has not
29 previously voted, the voter failed to execute the proper
30 declaration relative to age and qualifications and the political
31 party with which the voter intends to affiliate.
32 (9) The ballot has been challenged and there is no absentee ballot
33 application from the voter to support the absentee ballot.
34 (b) Subsection (c) applies whenever a voter with a disability is
35 unable to make a signature:
36 (1) on an absentee ballot application that corresponds to the
37 voter's signature in the records of the county voter registration
38 office; or
39 (2) on an absentee ballot security envelope that corresponds with
40 the voter's signature:
41 (A) in the records of the county voter registration office; or
42 (B) on the absentee ballot application.
EH 1265—LS 6928/DI 144 18
1 (c) The voter may request that the voter's signature or mark be
2 attested to by any of the following:
3 (1) The absentee voter board under section 22 of this chapter.
4 (2) A member of the voter's household.
5 (3) An individual serving as attorney in fact for the voter.
6 (d) An attestation under subsection (c) provides an adequate basis
7 for the absentee ballot counters to determine that a signature or mark
8 complies with subsection (a)(2).
9 (e) If the absentee ballot counters are unable to agree on a finding
10 described under this section or section 12 of this chapter, the county
11 election board shall make the finding.
12 (f) This subsection does not apply to an absentee ballot rejected
13 under this section based on a finding that the voter's signature on the
14 absentee ballot security envelope affidavit does not correspond to any
15 signature on the voter's absentee ballot application. The absentee ballot
16 counters or county election board shall issue a certificate to a voter
17 whose ballot has been rejected under this section if the voter appears
18 in person before the board not later than 5 p.m. on election day. The
19 certificate must state that the voter's absentee ballot has been rejected
20 and that the voter may vote in person under section 21 of this chapter
21 if otherwise qualified to vote.
22 SECTION 18. IC 3-11.5-4-13.5, AS ADDED BY P.L.109-2021,
23 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 13.5. (a) This section applies to an absentee ballot
25 where there is a finding that the voter's signature on the absentee ballot
26 security envelope affidavit does not correspond to the signature on the
27 voter's absentee ballot application or electronic poll book, or any
28 signature by the voter maintained in the statewide voter registration
29 system.
30 (b) If the absentee voter board, the absentee ballot counters, or the
31 county election board determine that a voter's signature on the absentee
32 ballot security envelope affidavit does not correspond to:
33 (1) the voter's signature on the absentee ballot application;
34 (2) the voter's signature on the electronic poll book; or
35 (3) any signature of the voter maintained in the statewide voter
36 registration system;
37 the absentee ballot security envelope shall not be opened and the ballot
38 shall not be counted.
39 (c) The absentee voter board, the absentee ballot counters, or the
40 county election board shall write the date and cause of the mismatched
41 signature on the face of the security envelope after completing the
42 procedures set forth in this section.
EH 1265—LS 6928/DI 144 19
1 (d) The county election board or board of elections and registration
2 shall send a notice produced from the computerized system established
3 by IC 3-7-26.3 to the voter of the determination of the absentee voter
4 board, absentee ballot counters, county election board, or board of
5 elections and registration that an absentee ballot signature mismatch
6 has occurred. The county election board shall:
7 (1) either:
8 (A) hand deliver the notice; or
9 (B) mail the notice by first class United States mail;
10 to the registration address of the voter;
11 (2) send the notice by electronic mail to the voter if an electronic
12 mail address for the voter is available; and
13 (3) call the voter by telephone to provide notice of the signature
14 mismatch determination, if a telephone number for the voter is
15 available;
16 not later than the close of business two (2) business days after the
17 signature mismatch determination by the county occurs. If a county
18 election board is unable to produce the notice from the
19 computerized list, the county election board may send the notice
20 provided by the election division.
21 (e) If:
22 (1) the county election board does not provide the voter with
23 the notice described in subsection (d) before the close of
24 business two (2) business days after the signature mismatch is
25 determined; and
26 (2) the voter learns that the notice described in subsection (d)
27 should have been provided;
28 the voter or a representative of the voter may request the notice
29 described in subsection (d) from the county election board or the
30 election division.
31 (f) An absentee ballot sealed inside an absentee ballot security
32 envelope affidavit with a signature mismatch shall be treated as a
33 provisional ballot under IC 3-11.7. The signature mismatch may be
34 cured under this section and the absentee ballot counted if the ballot is
35 otherwise valid.
36 (f) (g) A voter notified by the county election board or board of
37 elections and registration under subsection (d) must verify the voter's
38 signature under this section on:
39 (1) the absentee ballot security envelope affidavit;
40 (2) the absentee ballot application or electronic poll book; or
41 (3) both;
42 by filing an affidavit with the county election board or board of
EH 1265—LS 6928/DI 144 20
1 elections and registration not later than noon, prevailing local time,
2 eight (8) days after election day.
3 (g) (h) The notice under subsection (d) is subject to IC 3-5-4-8 and
4 must contain the following information:
5 (1) A statement from the county election board or board of
6 elections and registration notifying the voter that the county has
7 determined that a signature mismatch has occurred between the
8 signature of the voter on the absentee ballot security envelope
9 affidavit and the voter's signature on the absentee ballot
10 application or electronic poll book, or any signature made by the
11 voter on file in the statewide voter registration system.
12 (2) A statement that the voter's absentee ballot will be rejected
13 and not counted unless the voter cures the signature mismatch
14 under this section by filing a signed signature verification
15 affidavit with the county election board or board of elections and
16 registration not later than noon, local prevailing time, eight (8)
17 days after election day, and specifying the date on which the
18 eighth day will fall.
19 (3) A signature line for the voter to print the voter's name and date
20 and sign the signature verification affidavit.
21 (4) A statement that the signature verification affidavit must be:
22 (A) placed into a mailing envelope addressed to the county
23 election board or board of elections and registration, and either
24 mailed with sufficient postage or hand delivered to the board;
25 or
26 (B) sent to the board by electronic mail or facsimile
27 transmission.
28 (5) Information provided by the board setting forth the mailing
29 address, electronic mail address, or facsimile number of the
30 board.
31 (6) The name of the voter.
32 (h) (i) The signature verification affidavit shall be prescribed by the
33 election division under IC 3-5-4-8, shall be produced from the
34 computerized list established under IC 3-7-26.3, must substantially be
35 in the following form, and may be included on the same page as the
36 notice and instructions:
37 SIGNATURE VERIFICATION AFFIDAVIT
38 I, [voter's name], am a registered voter of [voter's county of
39 residence] County, State of Indiana. I declare under the penalties
40 of perjury that I requested and returned an absentee ballot. I am
41 a resident of the precinct in which I have voted (or I am entitled
42 to vote in this precinct under Indiana law), and I am the person
EH 1265—LS 6928/DI 144 21
1 whose name appears on the absentee ballot envelope. I understand
2 that if I commit or attempt any fraud in connection with voting, or
3 if I aid or abet fraud or attempt to aid or abet fraud in connection
4 with voting, I may be convicted of a felony punishable by
5 imprisonment, a fine, or both. I understand that my failure to sign
6 this statement means my absentee ballot will not be counted.
7 ___________________
8 Voter's Signature
9 ____________________
10 Voter's Printed Name
11 ________________________
12 Voter's Registration Address
13 If there is a reason why your signature does not match, please
14 explain here. Examples include age or disability of the voter or
15 execution of the absentee affidavit by the person holding the
16 voter's power of attorney or any person assisting a voter under
17 IC 3-11-4-2(b) or a member of the voter's immediate household
18 or power of attorney attesting to the voter's signature on the
19 absentee by mail return envelope under IC 3-11.5-4-13(c). The
20 computerized list shall preprint the name of the voter in the
21 appropriate parts of the affidavit.
22 (i) (j) The county election board or board of elections and
23 registration may not reject an absentee ballot with a nonconforming
24 security envelope signature if each of the following conditions are
25 satisfied:
26 (1) The voter delivers:
27 (A) in person;
28 (B) by mail;
29 (C) by facsimile transmission; or
30 (D) by electronic mail;
31 a signature verification affidavit signed by the voter and the
32 county election board or board of elections and registration
33 receives the affidavit not later than noon, prevailing time, eight
34 (8) days after election day, or the voter, before the close of the
35 polls on election day, completes and files a signature verification
36 affidavit with the inspector or other chief election official of the
37 precinct or vote center within the county. The inspector or vote
38 center official shall forward the signature verification statement
39 to the county election board or board of elections and registration
40 with the other materials from the precinct. The voter may deliver
41 a signature verification affidavit signed by the voter to an
42 absentee voter board at a circuit court clerk's office or
EH 1265—LS 6928/DI 144 22
1 satellite location during the period of early voting described
2 in IC 3-11-10-26.
3 (2) Upon receipt of the signature verification statement, the
4 county election board or county board of elections and
5 registration shall open the provisional ballot envelope to access
6 the voter's absentee ballot security envelope to:
7 (A) compare the signature on the verification statement with
8 the signature on the affidavit of the ballot envelope; or
9 (B) if the ballot is for a military or overseas voter who
10 transmitted the ballot by facsimile or electronic mail, compare
11 the affidavit found under IC 3-11-4-6(h) and, if applicable, the
12 signature found in the voter's registration record or the
13 signature on the absentee ballot application.
14 (j) (k) If, upon conducting the comparison of signatures, the board
15 determines that the signatures match and no other challenges have been
16 made to the ballot, the board shall open the absentee ballot security
17 envelope and add the votes cast on the ballot to the tally for the voter's
18 precinct.
19 (k) (l) A ballot may not be removed from the security envelope until
20 the time for processing ballots. If, upon conducting the comparison of
21 the signatures under this section, the election officials determine that
22 the signatures are mismatched, the voter's absentee ballot security
23 envelope may not be opened and the ballot shall not be counted. The
24 election officials shall write "this ballot has been rejected because of
25 a mismatched signature" on the face of the security envelope. The
26 absentee ballot security envelope must be resealed and the status of the
27 rejected provisional ballot must be made under the "County Election
28 Board Findings" on the affidavit.
29 (l) (m) A mismatched absentee ballot security envelope is to be
30 treated as a provisional ballot and is subject to the same confidentiality
31 restrictions under IC 3-11.7-6-3.
32 (m) (n) If the county election board or board of elections and
33 registration determines that the signatures match, the board shall
34 provide a copy of the statement to the county voter registration officer
35 in any county where there is a separate board of registration. The voter
36 registration officer shall then use the signature in the signature
37 verification statement, even if returned untimely, to update the voter's
38 signature in the voter's registration record.
39 SECTION 19. IC 3-11.5-4-13.6, AS ADDED BY P.L.109-2021,
40 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 13.6. (a) This section applies to an absentee ballot
42 where there is a finding that the voter's signature on the absentee ballot
EH 1265—LS 6928/DI 144 23
1 security envelope affidavit is missing and therefore does not
2 correspond to the signature on the voter's absentee ballot application or
3 electronic poll book.
4 (b) Section 13.5(c), 13.5(d), 13.5(e), and 13.5(f) 13.5(g) of this
5 chapter apply to this section.
6 (c) The county election board or board of elections and registration
7 shall not reject an absentee ballot with a missing security envelope
8 signature if either any of the following conditions is are satisfied and
9 the county election board or board of elections and registration
10 determines that the unsigned absentee ballot affidavit is truthful and
11 otherwise in compliance with this section:
12 (1) The voter delivers:
13 (A) in person;
14 (B) by mail;
15 (C) by facsimile; or
16 (D) by electronic mail;
17 an affidavit of unsigned ballot that is signed by the voter, and the
18 county election board or board of elections and registration
19 receives the affidavit not later than noon eight (8) days after
20 election day.
21 (2) Before the close of the polls on election day, the voter
22 completes and files an affidavit of unsigned ballot with the
23 inspector or other chief election official of the precinct or vote
24 center within the county. The inspector or vote center official
25 shall forward the affidavit of unsigned ballot to the county
26 election board or board of elections and registration with the other
27 materials from the precinct.
28 (3) The voter delivers an affidavit of unsigned ballot that is
29 signed by the voter to an absentee voter board at a circuit
30 court clerk's office or satellite location during the period of
31 early voting described in IC 3-11-10-26.
32 (d) Upon receipt of the affidavit of unsigned ballot, the county
33 election board or county board of elections and registration shall open
34 the provisional ballot envelope to access the voter's absentee ballot
35 security envelope to:
36 (1) compare the signature on the affidavit of unsigned ballot with
37 the most recent signature on the voter's registration record in the
38 statewide voter registration system, or the signature on the
39 absentee ballot application; or
40 (2) if the ballot is for a military or overseas voter who transmitted
41 the ballot by facsimile or electronic mail, compare the affidavit
42 found under IC 3-11-4-6(h) and, if applicable, the signature found
EH 1265—LS 6928/DI 144 24
1 in the voter's registration record or the signature on the absentee
2 ballot application.
3 (e) If, upon conducting the comparison of the signatures, the board
4 determines that the signatures match and there are no other challenges
5 that have been made to the ballot, the board shall open the absentee
6 ballot security envelope and add the votes cast on the ballot to the tally
7 for the voter's precinct.
8 (f) If, upon conducting the comparison of the signatures, the board
9 determines that the signatures are mismatched, the voter's absentee
10 ballot security envelope shall not be opened and the ballot may not be
11 counted. The board shall write "this ballot has been rejected because
12 of a mismatched signature" on the face of the security envelope. The
13 provisional ballot envelope must be resealed and the status of the
14 rejected ballot must be set forth under the "County Election Board
15 Findings" on the affidavit.
16 (g) The affidavit of unsigned ballot shall be prescribed by the
17 election division under IC 3-5-4-8, shall be produced from the
18 computerized list established under IC 3-7-26.3, must be in
19 substantially the following form, and may be included on the same
20 page as the notice and instructions:
21 AFFIDAVIT OF UNSIGNED BALLOT
22 I, [voter's name], am a registered voter of [voter's county of
23 residence] County, State of Indiana. I declare under the penalties
24 of perjury that I requested and returned an absentee ballot. I am
25 a resident of the precinct in which I have voted (or I am entitled
26 to vote in this precinct under Indiana law), and I am the person
27 whose name appears on the absentee ballot envelope. I understand
28 that if I commit or attempt any fraud in connection with voting, or
29 if I aid or abet fraud or attempt to aid or abet fraud in connection
30 with voting, I may be convicted of a felony punishable by
31 imprisonment, a fine, or both. I understand that my failure to sign
32 this statement means that my absentee ballot will not be counted.
33 ___________________
34 Voter's Signature
35 ____________________
36 Voter's Printed Name
37 ________________________
38 Voter's Registration Address
39 The computerized list shall preprint the name of the voter in the
40 appropriate parts of the affidavit.
41 (h) The following instructions, prescribed by the election division
42 under IC 3-5-4-8 and produced from the computerized list established
EH 1265—LS 6928/DI 144 25
1 under IC 3-7-26.3, shall accompany the affidavit of unsigned ballot in
2 substantially the following form:
3 NOTICE FROM COUNTY ELECTION BOARD
4 REGARDING AN AFFIDAVIT OF UNSIGNED BALLOT FOR
5 ABSENTEE BALLOT
6 Read these instructions carefully before completing the statement.
7 Failure to follow these instructions may cause your ballot to not
8 be counted.
9 (1) We have determined that your signature is missing on your
10 absentee ballot security envelope. To ensure that your absentee
11 ballot will be counted, you must complete and return an
12 affidavit of unsigned ballot.
13 (2) Your affidavit of unsigned ballot must be received by the
14 county election board or board of elections and registration not
15 later than noon, local prevailing time, eight (8) days after the
16 election, with the statement specifying the day on which the
17 eighth day after the election will fall.
18 (3) You must sign your name where specified on the affidavit
19 of unsigned ballot.
20 (4) Place the affidavit of unsigned ballot into a mailing
21 envelope addressed to your county election official. Mail, hand
22 deliver, or have your completed affidavit delivered to the
23 board. Be sure to include sufficient postage if mailed, and
24 include the address of the county election board provided
25 below.
26 (5) If you do not wish to send your affidavit of unsigned ballot
27 by mail or have it hand delivered, you may submit your
28 completed affidavit by electronic mail or facsimile
29 transmission to the county election board using the following
30 information provided by your county [insert county electronic
31 mail address and facsimile number].
32 (6) Include your name on the affidavit.
33 (i) A ballot may not be removed from the security envelope until the
34 time for processing the ballot.
35 (j) Except where clearly inapplicable under IC 3-11.7, an unsigned
36 absentee ballot security envelope is to be treated as a provisional ballot
37 and is subject to the same confidentiality restrictions under
38 IC 3-11.7-6-3. The affidavit of unsigned ballot and the signature
39 verification statement executed by the voter are confidential under
40 IC 3-11.7-6-3.
41 SECTION 20. IC 3-11.5-4-23, AS AMENDED BY P.L.109-2021,
42 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
EH 1265—LS 6928/DI 144 26
1 JULY 1, 2024]: Sec. 23. (a) Not later than noon fifty (50) days before
2 election day, each county election board shall notify the county
3 chairmen of the two (2) political parties that have appointed members
4 on the county election board of the number of:
5 (1) absentee voter boards;
6 (2) teams of absentee ballot counters; and
7 (3) teams of couriers;
8 to be appointed under section 22 of this chapter.
9 (b) The county chairmen shall make written recommendations for
10 the appointments to the county election board not later than forty-six
11 (46) days before election day. The county election board shall make the
12 appointments as recommended.
13 (c) If a county chairman fails to make any recommendations, then
14 the county election board may appoint any voters of the county who
15 comply with section 22 of this chapter.
16 (d) The county election board may permit an individual who is not
17 a voter to serve as an absentee board member, other than a member of
18 a board under IC 3-11-10-25, an absentee ballot counter, or a courier
19 if the individual:
20 (1) satisfies the requirements under IC 3-6-6-39; and
21 (2) is approved by the unanimous vote of the entire membership
22 of the county election board.
23 (e) An individual appointed to serve as an absentee board member,
24 other than the member of a board under IC 3-11-10-25, an absentee
25 ballot counter or a courier under subsection (d), while serving as an
26 absentee ballot counter or courier:
27 (1) is not required to obtain an employment certificate under
28 IC 22-2-18 (before its expiration on June 30, 2021); and
29 (2) is not subject to the limitations on time and duration of
30 employment under IC 22-2-18 (before its expiration on June 30,
31 2021) or IC 22-2-18.1.
32 (f) The county election board is not required to register as an
33 employer under IC 22-2-18.1.
34 (g) When the county election board makes an appointment
35 under this section and the individual accepts the appointment by
36 swearing the oath of office required under this title, a contract is
37 created between the county election board and the individual in
38 which the county election board retains the services of the
39 appointed individual as an independent contractor.
40 (h) For purposes of Article 2, Section 9 of the Constitution of the
41 State of Indiana, the position of:
42 (1) member of an absentee voter board;
EH 1265—LS 6928/DI 144 27
1 (2) member of an absentee ballot counter team; or
2 (3) member of a courier team;
3 is not a lucrative office.
4 SECTION 21. IC 3-13-1-7, AS AMENDED BY P.L.193-2021,
5 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 UPON PASSAGE]: Sec. 7. (a) Except as provided in subsection (b),
7 action to fill a candidate vacancy must be taken:
8 (1) not later than noon July 3 after the primary election if the
9 vacancy exists on a general or municipal election ballot; and
10 (2) within thirty (30) days after the occurrence of the vacancy, if
11 the vacancy exists on a special election ballot, subject to section
12 2 of this chapter.
13 (b) This subsection applies to a candidate vacancy that exists before
14 the thirtieth day before a general, municipal, or special election and
15 that is due to any of the following:
16 (1) The death of a candidate.
17 (2) The withdrawal of a candidate.
18 (3) The disqualification of a candidate under IC 3-8-1-5.
19 (4) A court order issued under IC 3-8-7-29(d).
20 (5) The successful challenge of a candidate nominated by a state,
21 county, or town convention of a political party.
22 (6) The successful challenge of a candidate under IC 3-8-8.
23 (7) The successful challenge of a candidate under sections section
24 16.5 and or 20.5 of this chapter.
25 (8) The successful challenge of a candidate in a judicial
26 proceeding.
27 Action to fill a candidate vacancy under section 3, 4, 5, or 6 of this
28 chapter for reasons permitted under this subsection must be taken
29 within thirty (30) days after the occurrence of the vacancy.
30 SECTION 22. IC 3-13-1-19 IS AMENDED TO READ AS
31 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 19. (a) Subject to
32 IC 3-8-8-7, a person who was defeated in a primary election or in a
33 town or state convention is eligible to be appointed by the political
34 party that the person affiliated with by voting in the most recent
35 primary election held by that party. The person selected may fill any
36 vacancy on the party's ticket as a candidate in any general, municipal,
37 or special election following that primary election or convention in
38 which the vacancy occurred. However,
39 (b) Subject to subsection (c), a person is not disqualified from
40 appointment under this section subsection (a) for not having voted in
41 the most recent primary election if the appointee is certified as a
42 member of that party by the county chairman for the county in which
EH 1265—LS 6928/DI 144 28
1 the appointee resides.
2 (c) A person described in subsection (a) may not be appointed
3 to fill a vacancy by a political party that differs from the party with
4 which the person affiliated when the person was defeated in the
5 primary election or in the town or state convention.
6 SECTION 23. IC 3-13-2-1, AS AMENDED BY P.L.227-2023,
7 SECTION 126, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This chapter applies to
9 the filling of a candidate vacancy of a former candidate for nomination
10 or election to an office at a general, municipal, or special election that
11 occurs after the thirty-first day before a general, municipal, or special
12 election that is due to any of the following:
13 (1) The death of a candidate.
14 (2) The withdrawal of a candidate.
15 (3) The disqualification of a candidate under IC 3-8-1-5.
16 (4) A court order issued under IC 3-8-7-29(d).
17 (5) The successful challenge of a candidate nominated by a
18 state, county, or town convention of a political party.
19 (6) The successful challenge of a candidate under IC 3-8-8.
20 (7) The successful challenge of a candidate under
21 IC 3-13-1-16.5 or IC 3-13-1-20.5.
22 (8) The successful challenge of a candidate in a judicial
23 proceeding.
24 (b) Action to fill a candidate vacancy under this chapter must be
25 taken not later than 6 a.m. on election day.
26 SECTION 24. IC 3-13-2-10 IS AMENDED TO READ AS
27 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Subject to
28 IC 3-8-8-7, a person who was defeated in a primary election or in a
29 town or state convention is eligible to be appointed by the person's own
30 political party to that the person affiliated with by voting in the most
31 recent primary election held by that party. The person selected
32 may fill any vacancy on the party's ticket as a candidate in any general,
33 municipal, or special election following that primary election or
34 convention in which the vacancy occurred.
35 (b) Subject to subsection (c), a person is not disqualified from
36 appointment under subsection (a) for not having voted in the most
37 recent primary election if the appointee is certified as a member of
38 that party by the county chairman for the county in which the
39 appointee resides.
40 (c) A person described in subsection (a) may not be appointed
41 to fill a vacancy by a political party that differs from the party with
42 which the person affiliated when the person was defeated in the
EH 1265—LS 6928/DI 144 29
1 primary election or in the town or state convention.
2 SECTION 25. IC 3-14-5-2, AS AMENDED BY P.L.227-2023,
3 SECTION 132, IS AMENDED TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Each precinct election board
5 shall, at the close of the polls, place any affidavit prescribed by
6 IC 3-10-1-9 to challenge the party affiliation of a person wishing to cast
7 a ballot in a primary election in a strong paper bag or envelope and
8 securely seal it. Each member shall endorse that member's name on the
9 back of the bag or envelope.
10 (b) Each precinct election board shall, at the close of the polls, place
11 any affidavit:
12 (1) other than an affidavit described in subsection (a) that is
13 challenging the eligibility of a person who has offered to vote at
14 a primary election; and
15 (2) including the form printed on the face of the provisional
16 ballot envelope described in IC 3-11.7-5-3;
17 in a strong paper bag or envelope and securely seal it. Each member
18 shall endorse that member's name on the back of the bag or envelope.
19 (c) The inspector and judge of the opposite political party shall
20 deliver the sealed bags or envelopes to the county election board. The
21 county election board shall do the following:
22 (1) Remove the affidavits described in subsections (a) and (b)
23 from the bag or envelope and make three (3) copies of each
24 affidavit.
25 (2) Mail a copy of each affidavit to the secretary of state.
26 (3) Replace the affidavits within the bag or envelope and keep
27 the affidavits secure in accordance with IC 3-10-1-31.1. The
28 affidavits may be removed from the bag or envelope by the
29 county election board during a meeting or hearing when the
30 affidavit is to be reviewed under this title.
31 (4) Reseal the bag or envelope containing the affidavits with the
32 endorsement of the name of each county election board member
33 on the back of the bag or envelope immediately after the county
34 election board determines which provisional ballots can be
35 counted and not counted under IC 3-11.7.
36 (5) Carefully preserve the resealed bag or envelope and deliver it,
37 with the county election board's seal unbroken, to the foreman of
38 the grand jury when next in session. in accordance with
39 IC 3-10-1-31.1.
40 (d) The county election board shall do the following after the
41 conclusion of the period for filing petition for a recount or contest
42 described IC 3-10-1-31.1(b) and IC 3-10-1-31.1(c) during which
EH 1265—LS 6928/DI 144 30
1 election materials are required to be sealed by the circuit court
2 clerk:
3 (1) Retain one (1) copy of each affidavit to make available for
4 public inspection and copying under IC 5-14-3.
5 (2) Deliver one (1) copy of each affidavit, sealed in a bag or
6 envelope by the county election board, to the prosecuting
7 attorney of the county.
8 (d) (e) The grand jury shall inquire into the truth or falsity of the
9 affidavits, and the court having jurisdiction over the grand jury shall
10 specially charge the jury as to its duties under this section. The grand
11 jury or prosecuting attorney of the county where the grand jury is
12 sitting may request the original affidavit from the circuit court
13 clerk if the grand jury determines that it is necessary to review the
14 original affidavit during the inquiry.
15 (e) (f) The grand jury shall file a report of the result of its inquiry
16 with:
17 (1) the court; and
18 (2) the NVRA official if a violation of NVRA appears to have
19 occurred.
20 (f) (g) If the original affidavit is delivered to the grand jury or
21 the prosecuting attorney under subsection (e), the prosecuting
22 attorney shall:
23 (1) preserve the affidavits affidavit and envelopes envelope in
24 accordance with IC 3-10-1-31.1; and shall
25 (2) ensure that no person can access a provisional ballot
26 contained in the envelope that the affidavit described in
27 subsection (b) is printed on; and
28 (3) return the affidavits affidavit and envelopes envelope to the
29 circuit court clerk after the prosecuting attorney has completed
30 any proceeding resulting from the investigation of the affidavits
31 affidavit and envelopes. envelope.
32 SECTION 26. IC 9-14-13-2, AS ADDED BY P.L.198-2016,
33 SECTION 193, IS AMENDED TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The bureau shall not disclose:
35 (1) the Social Security number;
36 (2) the federal identification number;
37 (3) the driver's license number;
38 (4) the digital image of the driver's license, identification card, or
39 photo exempt identification card applicant;
40 (5) a reproduction of the signature secured under IC 9-24-9-1,
41 IC 9-24-16-2, or IC 9-24-16.5-2; or
42 (6) medical or disability information;
EH 1265—LS 6928/DI 144 31
1 of any individual except as provided in subsection (b).
2 (b) The bureau may disclose any information listed in subsection
3 (a):
4 (1) to a law enforcement officer;
5 (2) to an agent or a designee of the department of state revenue;
6 (3) for uses permitted under IC 9-14-13-7(1), IC 9-14-13-7(4),
7 IC 9-14-13-7(6), and IC 9-14-13-7(9); or
8 (4) for voter registration and election purposes required under
9 IC 3-7, IC 3-11, or IC 9-24-2.5.
10 SECTION 27. [EFFECTIVE JULY 1, 2024] (a) The amendment
11 to the Constitution of the State of Indiana concerning the line of
12 succession to the governor, agreed to by the One Hundred
13 Twenty-Second General Assembly (P.L.176-2022) and the One
14 Hundred Twenty-Third General Assembly (P.L.253-2023), shall be
15 submitted to the electors of Indiana at the 2024 general election in
16 the manner provided for the submission of constitutional
17 amendments under IC 3.
18 (b) Under Article 16, Section 1 of the Constitution of the State
19 of Indiana, which requires the general assembly to submit
20 constitutional amendments to the electors at the next general
21 election after the general assembly agrees to the amendment
22 referred to it by the last previously elected general assembly, and
23 in accordance with IC 3-10-3, the general assembly prescribes the
24 form in which the public question concerning the ratification of
25 this state constitutional amendment must appear on the 2024
26 general election ballot as follows:
27	"Public Question #1
28 Shall the Constitution of the State of Indiana be amended to
29 remove the state superintendent of public instruction from the list
30 of officeholders who shall discharge the powers and duties of the
31 governor if the office of the governor and lieutenant governor are
32 both vacant?".
33 SECTION 28. An emergency is declared for this act.
EH 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
EH 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
EH 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.
EH 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
EH 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
EH 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)
EH 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
EH 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
EH 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;
EH 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
EH 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
EH 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
EH 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.
EH 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
EH 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.".
EH 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.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Elections, to which
was referred House Bill No. 1265, has had the same under
consideration and begs leave to report the same back to the Senate 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 3-5-2-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) Except as provided in
subsection subsections (b) and (c), "candidate" means a person an
individual who:
(1) has taken the action necessary to qualify under Indiana law for
listing on the ballot at an election or to become a write-in
candidate;
(2) has publicly announced or declared candidacy for an elected
office; or
(3) otherwise seeks nomination for or election to an elected office,
regardless of whether the individual wins election to the office.
(b) As used in IC 3-9, an individual becomes a "candidate" when the
individual, the candidate's committee, or a person acting with the
consent of the individual:
(1) receives more than one hundred dollars ($100) in
contributions; or
(2) makes more than one hundred dollars ($100) in expenditures.
(c) As used in IC 3-13-11, "candidate" refers to an individual
filling a general or municipal election ballot vacancy under
IC 3-13-11 whose required action of:
(1) the individual; or
(2) another person under IC 3-13-11;
for the individual to be listed on the ballot at the election has been
EH 1265—LS 6928/DI 144 48
determined by a county or town election board, the Indiana
election commission, or a court to be void or invalid.".
Page 4, between lines 35 and 36, begin a new paragraph and insert:
"SECTION 8. IC 3-8-1-5, AS AMENDED BY P.L.193-2021,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) This section does not apply to a
candidate for federal office.
(b) As used in this section, "felony" means a conviction for which
the convicted person might have been imprisoned for more than one (1)
year.
(c) A person is not disqualified under this section for:
(1) a felony conviction for which the person has been pardoned;
(2) a felony conviction that has been:
(A) reversed;
(B) vacated;
(C) set aside;
(D) not entered because the trial court did not accept the
person's guilty plea; or
(E) expunged under IC 35-38-9; or
(3) a person's plea of guilty or nolo contendere at a guilty plea
hearing that is not accepted and entered by a trial court.
(d) A person is disqualified from assuming or being a candidate for
an elected office if:
(1) the person gave or offered a bribe, threat, or reward to procure
the person's election, as provided in Article 2, Section 6 of the
Constitution of the State of Indiana;
(2) the person does not comply with IC 5-8-3 because of a
conviction for a violation of the federal laws listed in that statute;
(3) in a:
(A) jury trial, a jury publicly announces a verdict against the
person for a felony;
(B) bench trial, the court publicly announces a verdict against
the person for a felony; or
(C) guilty plea hearing, the person pleads guilty or nolo
contendere to a felony;
(4) the person has been removed from the office the candidate
seeks under Article 7, Section 11 or Article 7, Section 13 of the
Constitution of the State of Indiana;
(5) the person is a member of the United States armed forces on
active duty and prohibited by the United States Department of
Defense from being a candidate;
(6) the person is subject to:
EH 1265—LS 6928/DI 144 49
(A) 5 U.S.C. 1502 (the Little Hatch Act); or
(B) 5 U.S.C. 7321-7326 (the Hatch Act);
and would violate either federal statute by becoming or remaining
the candidate of a political party for nomination or election to an
elected office or a political party office; or
(7) the person is a nonjudicial court employee who would violate
Rule 4.6 of the Indiana Code of Judicial Conduct by being the
candidate of a political party for nomination or election to an
elected office or a political party office; or
(8) the person no longer complies with the requirements
imposed under this chapter for the office.
(e) The subsequent reduction of a felony to a Class A misdemeanor
under IC 35 after the:
(1) jury has announced its verdict against the person for a felony;
(2) court has announced its verdict against the person for a felony;
or
(3) person has pleaded guilty or nolo contendere to a felony;
does not affect the operation of subsection (d).
SECTION 9. IC 3-8-1-10 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. A candidate for the office
of attorney general must:
(1) have resided in Indiana for at least two (2) years before the
election; and
(2) have been admitted to the practice of law in Indiana for at
least five (5) years upon taking office; and
(3) have not been subject to a disciplinary sanction by the
supreme court disciplinary commission that resulted in the
candidate's disbarment or suspension from the practice of
law, without automatic reinstatement, for at least one (1) year
before the election.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1265 as printed January 25, 2024.)
GASKILL, Chairperson
Committee Vote: Yeas 6, Nays 2.
EH 1265—LS 6928/DI 144 50
SENATE MOTION
Madam President: I move that Engrossed House Bill 1265 be
amended to read as follows:
Page 5, delete lines 19 through 42.
Delete page 6.
Page 7, delete lines 1 through 3.
Renumber all SECTIONS consecutively.
(Reference is to EHB 1265 as printed February 21, 2024.)
GASKILL
EH 1265—LS 6928/DI 144