LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6928 NOTE PREPARED: Jan 7, 2024
BILL NUMBER: HB 1265 BILL AMENDED:
SUBJECT: Various Elections Matters.
FIRST AUTHOR: Rep. Wesco BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: Scantron Definition– The bill defines "scantron" and provides that a scantron
complies with certain absentee ballot endorsement requirements if it is endorsed with the initials of certain
individuals.
Provision of Absentee Reports– The bill 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.
Nondiscriminatory Uniform Policy– The bill 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.
Annual Review of Voter Registration Records– The bill requires the National Voter Registration Act (NVRA)
official to conduct, at least once each calendar year, a review and identification of particular voter
registration records.
Absentee Deadlines– The bill modifies the deadlines that determine the procedures that a clerk must follow
when the clerk determines that an application to receive an absentee ballot by mail does not fully comply
with election laws.
Modification of Absentee Voting Resolution– The bill 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
HB 1265 1 satellite offices.
Absentee Voter Boards– The bill 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.
New Deadline Application– The bill 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.
Local Office Vacancies– The bill 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.
Early Candidate Vacancies– The bill extends certain early candidate vacancy provisions to apply to late
candidate vacancies.
Change of Delivery Destination– The bill requires a county election board to deliver a sealed envelope that
contains affidavits to the prosecuting attorney of the county instead of the foreman of the grand jury.
Bureau of Motor Vehicles– The bill permits the Bureau of Motor Vehicles to disclose certain identifying
information for voter registration and election purposes under certain laws.
Ballot Language– The bill 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.
The bill makes conforming amendments.
Effective Date: Upon passage; July 1, 2024.
Explanation of State Expenditures: Annual Review of Voter Registration Records– It is likely the NVRA
officials (which are the co-directors of the Election Division) would be able to review the required records
once per year within existing staff and resource levels.
Bureau of Motor Vehicles– The Bureau is already allowed to disclose identification information on an
individual for voter registration purposes under IC 3-7 (voter registration) and IC 9-24-2.5 (voter registration
services and drivers license application). Therefore, it is not likely this provision would significantly impact
the Bureau other than for minor updates to forms or license information databases.
Election Division– The Election Division may need to update publications to include the bill’s changes. It
is likely any publication updating could be accomplished as routine business when the Division makes other
routine edits or changes to the publications.
Explanation of State Revenues:
Explanation of Local Expenditures: Provision of Absentee Reports– This provision would increase the
workload of those county election boards in non-vote center counties. It is likely this would be a one-time
increase in workload to accomplish. There are currently 62 counties with vote centers and 30 without.
Nondiscriminatory Uniform Policy– Counties may need to modify their existing policies in order to comply
with the bill. It is likely the county election boards would be able to adopt a new policy as a routine matter
HB 1265 2 of business.
Absentee Deadlines– It is likely that circuit court clerks would be able to work through the changes this
provision would bring within their existing staff and resource levels.
Modification of Absentee Voting Resolution– County election boards would likely be able to propose new
or modify any existing resolutions within their regular scheduled meetings.
Absentee Voter Boards– This provision may require additional training for persons serving on absentee voter
boards (ABV) to promote awareness of this requirement to those serving on ABVs. It is possible any needed
training could be included in the training provided at the time election day poll workers are offered training.
Change of Delivery Destination– County election boards would likely be able to deliver the required
affidavits to the county prosecuting attorney as a routine matter of business.
Ballot Language– County election authorities would likely have enough time to include the required ballot
language within the 2024 general election ballot when ordering paper ballots (in optical-scan voting system
counties). Counties with direct recording electronic voting systems would likely have enough time
notification to program in the required ballot language when programming the rest of the general election
ballot.
Explanation of Local Revenues:
State Agencies Affected: Election Division; Secretary of State.
Local Agencies Affected: County election boards, county prosecutors.
Information Sources: https://www.in.gov/sos/elections/voter-information/ways-to-vote/vote-centers/;
IC 3-7-11-1.
Fiscal Analyst: Chris Baker, 317-232-9851.
HB 1265 3